HomeMy WebLinkAbout595163-001No. of Pages:
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Receipt No.
Date:
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Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607)274-5431
Fax: (607) 274-5445
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595163
08/01 /2012
12:54 PM
Document Type: MISC RECORDS
Delivered By:
TOWN OF ITHACA
Return To:
TOWN OF ITHACA
Instrument Number
*595163-001 *
Parties
To Transaction: TOWN PAPERS / MEETING 6/25/2012
Town/City:
Deed Information Mortgaae Information
Taxable Consideration: Taxable Mortgage Amount:
State Transfer Tax:
County Transfer Tax:
RETT No.:
State of New York
Tompkins County Clerk
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.
J"M' e rd'-"t-
Tompkins County Clerk
Please do not remove this page.
MEETING OF THE ITHACA TOWN BOARD
June 25, 2012
TB RESOLUTION NO.: 2012- 124: Public Interest Order — Burdick Hill Road
Tank Water Improvement Area of the Town of Ithaca
At a study session 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 25th day of June, 2012, beginning at 4:30 P.M., Prevailing Time.
PRESENT: Herb Engman, Bill Goodman, Pat Leary, Tee -Ann Hunter, Eric Levine, Rich
DePaolo and Nahmin Horwitz
Moved by Bill Goodman; seconded by 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 Burdick Hill Road Tank Water
Improvement Area of the Town of Ithaca.
WHEREAS, the Town Board of the Town of Ithaca, Tompkins County, New
York, in conjunction with the Village of Lansing and the Village of Cayuga Heights, and
the Towns of Lansing and Dryden, has determined and agreed to participate in the
provision of a joint water project for construction of a new water tank at Burdick dill
Road and to contract joint indebtedness therefor in accordance with Section 15.00 of the
Local Finance Law pursuant to an Agreement of Municipal Cooperation for
Construction, Financing and Operation of an Inter -Municipal Water Supply and
Transmission System (the "Intermunicipal Agreement'); and
WHEREAS, a map, report and plan, 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
construction of a new water tank at Burdick Hill Road; to serve a benefitted area in said
Town to be known as Burdick Hill Road Tank Water Improvement Area (the "Water
Improvement Area") of the Town of Ithaca; and
WHEREAS, said map, plan and report, including estimate of cost, were prepared
by a competent engineer, duly licensed by the State of New York and have been filed in
the office of the Town Clerk of said Town, where the same are available during regular
office hours for examination by any person or persons interested in the subject matter
thereof; and
WHEREAS, the area of said Town determined to be benefited by said Burdick
Hill Road Tank Water Improvement Area of the Town of Ithaca consists of the entire
area of said Town excepting therefrom the area contained within the Village of Cayuga
Heights; and
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WHEREAS, the capital improvements proposed in connection with the
establishment of the Water Improvement Area consist of the construction of a new
900,000 gallon water tank at Burdick Hill Road; at an initially determined maximum
estimated cost to said Water Improvement Area of $633,840, it being determined that (1)
the additional $566,160 of the $1,200,000 aggregate maximum estimated cost shall be
initially apportioned and allocated to the Villages of Lansing and Cayuga Heights and
water districts in the Towns of Lansing and Dryden and that (2) joint indebtedness shall
be issued therefor and that (3) the ultimate share of the cost to be allocated to the Town of
Ithaca pursuant to Intermunicipal Agreement shall be determined on the basis of benefits
received or conferred or to be received or conferred from the aforesaid improvement; and
WHEREAS, said $1,200,000 maximum estimated cost, which is the cost of the
project, shall be authorized to be financed by the joint issuance by the Town of Ithaca,
with the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing,
of joint serial bonds with a maximum maturity not in excess of the forty year period
prescribed by the Local Finance Law; and
WHEREAS, said maximum estimated cost, as to the Town of Ithaca of $633,840
is not greater than one -tenth of one per centum of the full valuation of taxable real
property in the area of the Town of Ithaca outside of any villages; and
WHEREAS, it is proposed that the cost of the aforesaid improvements shall be
borne by the real property in said Burdick Hill Road Tank Water Improvement Area of
the Town of Ithaca by assessing, levying upon and collecting from the several lots and
parcels of land within such Water Improvement Area, outside of any village, which the
Town Board shall determine and specify to be especially benefited by the improvements,
an amount sufficient to pay the principal and interest on serial bonds and bond
anticipation notes issued in anticipation of the issuance of serial bonds, as the same
become due and payable; 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 June 11, 2012, 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 25th day of June, 2012 at 4:30 o'clock P.M., 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
WHEREAS, at its study session on June 25, 2012, the Town Board determined
approval, construction and implementation of the Improvement, which is an Unlisted
Action pursuant to the regulations of the New York State Department of Environmental
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Conservation promulgated pursuant to the State Environmental Quality Review Act, will
not result in any significant adverse environmental effects; and
WHEREAS, the Town Board now desires to authorize the Improvement to be
known as the Burdick Hill Road Tank Water Improvement Area of the Town of Ithaca
based on the evidence offered at such time and place;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of
Ithaca, Tompkins County, New York, as follows:
Section 1. It is hereby determined that it is in the public interest to establish
said Burdick Hill Road Tank Water Improvement Area of the Town of Ithaca and to
make the water improvement hereinafter described and such water improvement is
hereby authorized. The proposed area hereby determined to be benefitted by said Water
Improvement Area is all of that portion of the Town of Ithaca outside of the Village of
Cayuga Heights.
Section 2. The proposed improvement shall consist of the Water
Improvement Area's allocable share of the construction of a new water tank at Burdick
Hill Road at an initially determined maximum estimated cost to said Improvement Area
of $633,840, it being determined that (1) the additional $566,160 of the $1,200,000
aggregate maximum estimated cost shall be initially apportioned and allocated to the
Villages of Lansing and Cayuga Heights and water districts in the Towns of Lansing and
Dryden and that (2) joint indebtedness shall be issued therefor and that (3) the ultimate
share of the cost to be allocated to the. Town of Ithaca pursuant to the aforedescribed
Intermunicipal Agreement shall be determined on the basis of benefits received or
conferred or to be received or conferred from the aforesaid improvement. The method of
financing of said cost shall be by the issuance of joint serial bonds of said Town of Ithaca
together with the Towns of Lansing and Dryden and the Villages of Lansing and Cayuga
Heights to mature in annual installments over a period not exceeding forty years, and by
the issuance of joint bond anticipation notes issued in anticipation of the issuance of joint
serial bonds. The Town of Ithaca's allocable share of such bonds and bond anticipation
notes shall be payable from assessments levied upon and collected from the, several lots
and parcels of land deemed benefited from said improvement and located in said Water
Improvement Area, so much upon and from each as shall be in just proportion to the
amount of the benefit which the improvement shall confer upon the same.
Section3. It is hereby determined 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 any villages and, therefore, in
accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the
permission of the State Comptroller is not required for such improvement.
Section 4. 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 resolution
to be duly recorded within ten days of the date of adoption in the Office of the Clerk of
the County of Tompkins, 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.
Section 5. It is hereby further determined that all of the allocable cost of the
aforesaid improvement shall be borne wholly by property within the Water Improvement
Area, being the entire area of the Town outside of any village.
K,
Section 6. This Order is adopted subject to a permissive referendum in the
manner provided in Town Law Article 7 and Town Law Section 209-q.
The question of the adoption of the foregoing Order was duly put to a vote on roll call,
which resulted as follows:
Vote: Ayes — Herb Engman, Bill Goodman, Pat Leary, Nahmin Horwitz, Eric
Levine, Tee -Ann Hunter and Rich DePaolo
The Order was thereupon declared duly adopted.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA:
I, Paulette Terwilliger Town Clerk of the Town of Ithaca, New York, do hereby
certify that the above resolution is an exact copy of the same adopted by the Town Board
of the Town of Ithaca at a Meeting on the 25th day of June, 2
Paulette Terwilliger, Town Clerk
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