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Home My WebLink AboutBF152227-001C IN THE MATTER OF THE CONSTRUCTION AND FINANCING OF A WATER IMPROVEMENT EXTENDING THE EXISTING WATER MAIN SOUTHERLY ALONG A PORTION OF CODDINGTON ROAD AS PART OF THE TOWNWIDE WATER IMPROVEMENT PURSUANT TO ARTICLE 12C OF THE TOWN LAW. At a meeting of the Town Board of the Town of Ithaca held at the Town Offices at 126 East Seneca Street, Tompkins County, New York, on the 8th day of March, 1982, at 7:00 p.m.: PRESENT:. Supervisor Noel Desch Councilman Cramer Councilman Jennings Councilwoman Kiefer Councilman Kugler Councilman McPeak Councilwoman Raffensperger WHEREAS, a map, plan and report relating to the establishment of a water improvement in a portion of the Coddington Road area of the Town pursuant to the provisions of.Article 12C of the Town Law to be constructed and financed as a Town'Water Improvement, prepared by Stearns &.Wheler, competent engineers, duly licensed by the State of New York, in such manner and detail as has been requested and approved by the Town' -Board of the Town of Ithaca, have been duly filed with the.Town Clerk of the Town of Ithaca and in accordance with the re- quirements of Article 12C of the Town Law, and WHEREAS, an order was duly adopted by the Town Board of the Town of Ithaca on February 22,1982, setting forth the - following: (1) the filing of said map, plan and report, and (2) the proposed improvements, and (3) a description of the area in which the proposed improvement will be located and a statement as to the benefitted area, the description and boundaries of the aforesaid areas being set forth in Schedule A, and (4) the maximum amount proposed to be expended for said improvement and the acquisition of all necessary ease- ments is $100,000, 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 also setting forth any and all other matters required by law to be stated, and setting March 8, 1982 at 1 it UM 25 FACE 579 -2- 7:OO 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 the Town Board shall determine to take as may be authorized or required by law, and 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 the 8th day of March, 1982 beginning at 7:00 p.m. of that day, at the Town Offices in said Town, and the Town Board having heard all persons who wished to be heard and the matter of the improvement having been fully discussed, NOW, upon the evidence given upon the statement in support of said improvement made at such hearing, IT IS RESOLVED AND DETERMINED AS FOLLOWS: (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. (4) That all property benefitted by the water improve- ment is included within the benefitted area as described above.. (5) That the area within which the said improvement MLK 25 PACE 580 -3- will be constructed and a description of the boundaries of the benefitted area are substantially described in Schedule A, appended hereto, and made a part hereof. IT IS FURTHER RESOLVED AND ORDERED, that the establishment and construction of said water improvement, as set forth in said map, plan, and report, and as more particularly . described and limited in Schedule A, be approved, and the necessary easements and lands, if any are required, be acquired, at the maximum estimated cost set forth above, upon the required ,funds being provided and made available for such purpose. IT IS FURTHER RESOLVED AND ORDERED, that the cost of the water. improvement, including, without limitation, construction costs, cost of acquisition of lands and easements, if any -are re- quired, legal and engineering fees, and other expenses, shall be borne entirely by the benefitted area which is the area of the Town outside of any Village in said Town, and such expenses shall be apportioned and assessed upon and collected, in the first instance, from the lots and parcelu of land in just proportion to the benefit conferred upon the same as determined by the Town Board, but subject to the following provisions: 1. INSTALLATION OF SUPPLY LINES CONNECTING THE PROPERTIES TO THE WATER MAIN IN THE HIGHWAY. Supply lines connecting the water main with the properties in the area in which this main will be constructed shall be installed, maintained and repaired on application for a permit by the property owners either by or under the supervision of the Town, and the cost of such installation, connection with the water main and maintenance will be at the property owners expense unless the Town Board by resolution provides that the portion of •a supply line which lies within the highway right-of-way will be installed, maintained and repaired by or under the supervision of the 1 i IALk 25 FAcE 581 SCHEDULE A DESCRIPTION OF TOWN WATER IMPROVEMENT (CODDINGTON ROAD EXTENSION 2) 1. LOCATION AND BOUNDARIES OF PROPOSED IMPROVEMENT. a) The proposed improvement begins at the terminus of the existing water main as it is now located in the westerly side of Coddington Road where the land now or formerly of Earle and Thelma Bodine (Tax Parcel 40-1-9.2) are located; the proposed water main will run east to a point in the easterly side of Coddington Road; then it will rung south in the easterly side of the road about 3,250 feet to a point about 650 feet north from East King Road. For a more particular description the public is referred to the map, plan and report on file in the Town Clerk's Office. b) However, the water main, as part of this improvement, may, at the descretion of the Town Board, be extended further south on the Coddington Road but in no event beyond the north line of East King Road extended to the east, if the Town Board determines by resolution that the cost of such extension, based on a bid submitted by a successful bidder, will enable the Town to construct this additional extension. 2. DETERMINATION OF BENEFITTED AREA. It is determined by the Town Board that the entire area of the Town (outside of the Village of Cayuga Heights) is the benefitted area, this determination is in accordance with Town Water and Sewer Improvement Policy. IM I.IBtk 25 PAGE 582 -4- RESOLUTION: Town, either wholly at the expense of the property owners, or wholly at the expense of the Town, or partly at the expense of the Town and partly at the expense of the property owners, as the Town Board may by resolution or local law provide. THIS RESOLUTION IS SUBJECT (1) TO A PERMISSIVE REFERENDUM, and (2) to the Town obtaining such permits and approvals which may be required for constructing the water improvement, including without limiting the generality of the foregoing approval from the County of Tompkins or other public agency . for performing any work within the highway boundaries, and (3) compliance by the Town with all other applicable laws, requirements, rules and regulations. The Supervisor is authorized to take all action and execute all documents required to accomplish all the foregoing. r o The adoption of the foregoing resolution, determination and order was moved by and seconded respectively by Supervisor Noel Desch AND David Jennings, put to a vote and,'upon roll call, the vote was as follows: Councilman Cramer Voting Aye. o Councilman Jennings Voting Aye. Councilwoman Kiefer Voting Aye. ' Councilman Kugler Voting Aye. c .5Councilman McPeak Voting Aye. Councilwoman Raffensperger Voting Aye.. a� Supervisor Desch 'Voting Aye. The foregoing was declared to be duly adopted. a, DATED: March 8, 1982 STATE OF NEW YORK l s NA: COUNTY OF TOMPKINS ( SS: i — t TOWN OF ITHACA j o 0 I, Jean H. Swartwood, Town Clerk of the Town of Ithaca, New York, do hereby certi that the foregoing resolution is a true and exact copy of a resolution duly adopted by the j jr of said Town of Ithaca at a meeting held on the 8 day of 19, and that the same is a complete copy of the whole of such „f„tlutign. a yolk this~ SS WHEREOF, I have hereunto set my hand and the Corporate seal of the Town of Ithacan New ,*--A day of 19 p oZ :t C0 rr�frlrNiflft�,\ Wliww.er, Lrr aoak Ce Radrl.r N.Y.14W 1