The URL can be used to link to this page

Home My WebLink About586286-002No. of Pages: (including this cover page) Receipt No. Date: Time. Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 4 01 /20/2012 09:29 AM Document Type: MISC RECORDS Delivered By: ITHACA TOWN OF Return To: ITHACA TOWN OF Instrument Number *586286-002* Parties To Transaction: DANBY RD TANK REPLACEMENT Town/City: Deed Information Mortuasre Information Taxable Consideration: State Transfer Tax: County Transfer Tax: RETT No.: State of New York Tompkins County Clerk Taxable Mortgage Amount: Basic Mortgage Tax: Special Mortgage Tax: Additional Mortgage Tax: Local Mortgage Tax: Mortgage Serial No.: This sheet constitutes the Clerk endorsement required by Section 316 A(5) & Section 319 of the Real Property Law of the State of New York. e rd"t�- Tompkins County Clerk Please t/a not remove this page. IIIIII 111111111111N1 11111111111111111111111111111111111111 REGULAR MEETING OF THE ITHACA TOWN BOARD DECEMBER 12, 2011 TB RESOLUTION NO.: 2011-204: PUBLIC INTEREST ORDER — DANBY ROAD TANK REPLACEMENT WATER IMPROVEMENT At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 12th day of December, 2011, at 5:55 o'clock P.M., Prevailing Time. PRESENT: Herb Engman, Bill Goodman, Pat Leary, Tee -Ann Hunter, Eric Levine and Rich DePaolo In the Matter of A Proposed Water Improvement in the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Danby Road Tank Replacement Water Improvement. WHEREAS, a plan, report and map, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the creation and construction, pursuant to Article 12-C of the Town Law, of water system improvements to be known and identified as the Town of Ithaca Danby Road Tank Replacement Water Improvement, and hereinafter also referred to as the "Improvement," to provide such water Improvement including extensions, to the present Town water improvement, such water system Improvement to be constructed and owned by the Town of Ithaca, and WHEREAS, after said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on November 7, 2011, duly adopt an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a plan, map and report describing the same are on file in the Town Clerk's office for public inspection, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 12th day of December, 2011 at 5:55 PM Prevailing Time, for the purposes of conducting a public hearing on such proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same, and WHEREAS, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and December 12, 2011 WHEREAS, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and WHEREAS, at its regular meeting on December 12, 2011, the Town Board has determined approval, construction and implementation of the Improvement are a Type H Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, because the Action constitutes "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site," and thus approval, construction and implementation of the Improvement are not subject to review under SEQRA; NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3) That all of the property benefited is included within the proposed benefited area. (4) That the proposed method of apportioning the costs of the Improvement should not be changed. (5) It is in the public interest to authorize, establish, and make the Town of Ithaca Danby Road Tank Replacement Water Improvement as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca Danby Road Tank Replacement Water Improvement in the area of the Town described as follows and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk: Replace an existing 500,000 gallon steel water tank with a 500,000 gallon glass -lined water tank on the same site located above Danby Road, and other related ancillary facilities, and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Danby Road Tank Replacement Water Improvement is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca water improvement benefited area, being the entire area of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, is $ 450,000, which shall be financed as follows:: at the option of the Town, by financing through the issuance of bond anticipation notes, and upon maturity of a bond anticipation note, the issuance of bond anticipation renewal notes or serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed 20 years, or directly by the issuance of such bonds, such notes and bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca water system benefited area which are deemed benefited by said Improvement, so much upon and from each as shall be in just December 12, 2011 2 proportion to the amount of the benefit which the Improvement shall confer upon the same, and be it FURTHER RESOLVED, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED, that the estimated expense of the aforesaid Improvement does not exceed one -tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement, and be it FURTHER RESOLVED, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Herb Engman, aye; Bill Goodman, aye; Pat Leary, aye; Tee - Ann Hunter, aye; Eric Levine aye; and Rich DePaolo; aye The Order was thereupon declared duly adopted. December 12, 2011 3