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�.r K 23 PacE1001
IN THE MATTER OF THE ESTABLISHMENT OF A WATER IMPROVEMENT,
PURSUANT TO ARTICLE 12-C OF THE TOWN LAW,.IN THE TOWN"OF ITHACA,
TOMPKINS COUNTY, NEW YORK, IN THE STONE. QUARRY ROAD AREA, TO BE
I, CONSTRUCTED AND FINANCED AS A TOWN -WIDE WATER IMPROVEMENT.
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At a meeting of the Town Board of the Town of Ithaca
held at the Town Offices at 126 East Seneca Street, Tompkins
I� County, New York, on the 23rd day of April, 1979, at 7:00 p.m.:
11 PRESENT: Supervisor Noel Desch.
Councilman Andrew W. McElwee
Councilman Robert N. Powers
Councilwoman'Catherine Valentino
�j Councilwoman Shirley Raffensperger
j1 Councilman Gust L. Freeman 1.
WHEREAS, a map, plan and report relating to the establish-
ment of a water improvement in the Stone Quarry Road areas of the
Town pursuant to the provisions of Article 12-C of the Town Law
'I to be constructed and financed as a Town Water Improvement, pre-
pared by Lozier Engineers, Inc., competent engineers, duly
�Ilicensed by the State of New York, in such manner and detail as
has been requrested and approved by the Town Board of the Town
of Ithaca, have been duly filed with the Town Clerk of the Town
1 of Ithaca and in accordance with the requirements of Article 12-C
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iof the Town Law, and
WHEREAS, an order was duly adapted by the Town Board of
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the Town of Ithaca`on'April 9, 1979, reciting the following:
(1) the filing of said map, plan and report, and (2) the proposed
limprovements, and (3) the boundaries of the proposed benefitted
area, and (4) the sum of.$250,000 as the maximum amount proposed.
to be expended for said improvement and the acquisition of all
necessary easements, and (5) the proposed method of financing,
and (6) the fact that the map, plan and report describing the
same are on file in the Town Clerk's Office for public inspection,
and stating all other matters required by law to be stated, and
specifying April 23, 1979 at 7:00 p.m. on that day, as the time,
and the Town Offices in the City of Ithaca, New York, as the place`
where the said Town Board would meet to consider said map, plan
and report, and to hear all persons interested in the subject
thereof concerning the same, and to take such action thereon as
is required of authorized by law, and
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WHEREAS, such Order was duly published,and.posted as !
required by law, and
WHEREAS, a hearing on said matter was duly held by said
.Town Board on this 23rd day of April, 1979 beginning at 7:00 p.m.
of that day, at the Town Offices in'said Town, and full discussion
of the matter having been had, and all persons desiring to be
heard having been duly heard,
NOW, upon the evidence given upon the statements in
support of said improvement made at such hearing, and upon motion
of Supervisor Desch, seconded by Councilman McElwee, it is
RESOLVED AND DETERMINED:
(1) That the notice of hearing was posted and published
as required by law and is otherwise sufficient.
(2) That it is in the public interest to make such water
improvement.
.(3) That the area benefitted is the entire area of the
Town of Ithaca lying within the boundaries of the Town but not
including the land lying within the boundaries of the Village of
Cayuga Heights, being the only Village in the Town.
ii(4) That all property benefitted by the water improvement
Iis included within the benefitted areas as described above.
� (5) The area within which the said improvement will be
(constructed and a description of the boundaries of the benefitted
1Iarea are substantially described in Schedule A, appended hereto,
land made a part hereof.
iI IT IS FURTHER RESOLVED, DETERMINED, AND ORDERED, that
ithe establishment of the said water improvement, as set forth in
said map, plan, and report, be approved; that the improvement
11therein mentioned be constructed, and the necessary easements and
{I lands be acquired, at the maximum estimated cost set forth above,
upon the required funds being made available and provided for.
Such improvement shall be known and designated as the Stone Quarr3
��- Pittman Lane - Ring Road West Water Improvement.
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IT IS FURTHER RESOLVED, that the cost of.the water
improvement, including, without limitation, construction costs•,,
costs of acquisition of lands and easements, legal and engineering
fees, and other expenses, shall be borne entirely by the bene-
fitted area which is the area of the Town outside.of any Village
and such costs shall be financed by the issuance of serial bonds
of said Town to mature in such number of annual installments not
exceeding thirty as may hereafter be determined by the Town .Board
and such expenses shall be apportioned and assessed upon and col-
lected from the lots and.parcels of.land in just,proportion to
the benefit conferred.upon the'same.as determined by the Town
Board.
This resolution is subject to -a permissive referendum
and subject, also, to approval by the State Comptroller, if re-
quired, and the Town Supervisor is authorized to commence and
complete all applications or other documents and any and all
legal proceedings which may be.necessary for such purpose.
The adoption of the foregoing resolution, determination
and order was duly put to'a vote, and upon roll call, the vote
was as follows:
Supervisor Desch Voting Aye
Councilman McElwee Voting Aye
Councilman Powers Voting Aye
Councilwoman Valentino Voting Aye
Councilwoman Raffensperger Voting Aye
Councilman Freeman Voting Aye
The resolution was thereupon declared duly adopted,
Dated: April 23, 1979
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LISER 23 pmdO04
SCHEDULE A
STONE QUARRY - PITTMAN LANE -
KING ROAD WEST WATER IMPROVEMENT
A. The boundaries of the benefitted area are the
boundaries of the Town of Ithaca.
S. The area within which the proposed water improvement
will be constructed is described substantially as follows: A
water main shall connect with the existing water main approxi-
mately 500 feet northwest of the intersection of West King Road
and Danby Road, as shown on the map by Lozier Engineers, Inc.
annexed as Exhibit B to said report, which is filed in the Town
Clerk's Office, and shall run along the northeasterly side of
West King Road a distance of approximately 800 feet to its inter-
I.section with Stone Quarry Road, and continue along the southerly
side of King Road an additional distance of approximately 500 feet
to a point in the north line of Tax Parcel 37-1-10 and a second
water main shall run from the intersection of West King Road and
Stone Quarry Road along Stone Quarry Road northerly approximately
5,500 feet to Tax Parcel No. 40-3-1 at a point approximately 100
feet south of the City line of the City of Ithaca.
The several pracels of land which are adjacent to said
water mains, as shown on said map, lie within the benefitted area.
C. A reduced copy of a•portion of said map showing the
water mains and adjacent parcels may be attached to .the copy of
,this order which is to be filed in the office of the County Clerk.
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VIER 23 rArE1006.
i� STATE OF NEW YORK )
COUNTY OF TOMPKINS
I TOWN OF ITHACA )
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i, Edward L. Bergen, the Town Clerk of the Town of
Ithaca, do hereby certify that I have compared the preceding
resolution with the original thereof filed in my office at 126
East Seneca Street, Ithaca, New York, and the same is a true and
correct copy of said original and the whole thereof.
I further certify that all members of the Town Board
�I had due notice of the meeting at which said resolution was adopted
I further certify that due notice of the said meeting was given
I in accordance with the Open Meetings Law.
IN TESTIMONY WHEREOF I have hereunto set my hand and
�. seal and affixed the seal of the said Town, this 27th day of
April, 1979.
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Edward L. Bergen
/- Town Clerk
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Ali Tompkins County, 0 t9 .
Roeordod on the. ....�t ►�.. DAY . «...... at
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at Pepe .1M1. .................. ends 'nod.
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