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HomeMy WebLinkAboutBF152524-001Ir �.4etk 25 FACE 955 EXHIBIT 5 IN THE MATTER OF ,THE PROVIDING OF A PROPOSED SEWER IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED SEWER IMPORVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA ITHACA AREA WASTEWATER TREATMENT PLANT' IMPROVEMENT AREA, IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, PURSUANT TO THE PROVISIONS OF ARTICLE 12-C OF THE TOWN LAW. At a Special Meeting of the Town Board of the Town of .Ithaca, Tompkins County, New York, held at Town Hall, 126 East Seneca Street, Ithaca, New York, in said City of Ithaca, on the 26th day of July, 1982, at 6:30 P.M., Eastern Daylight Saving Time. PRESENT: Supervisor Noel Desch Councilman March Cramer Councilman David Jennings Councilwoman Dooley Kiefer Councilman George Kugler Councilman Henry McPeak Councilwoman Shirley Raffensperger WHEREAS, pursuant to Article 12-C of the Town Law of the Town of Ithaca, in the County of Tompkins, New York, has heretofore duly caused a plan, report and map to be prepared and filed in the office of the Town Clerk of the .Town relating to the creation of the aforesaid Town of. Ithaca - Ithaca Area Wastewater Treatment Plant Improvement Area, and further relating to the providing of a wastewater treatment system; such wastewater treatment system to be constructed and ownefl . ■ w �.ietK 25 FAGE 656 jointly by *the City of Ithaca, the Town of Ithaca and the Town of Dryden pursuant to an intermunicipal agreement heretofore entered into pursuant to the provisions of Article 5-G of the General Municipal Laws which joint project is to be known as the Ithaca Area Wastewater Treatment Plant Project,'and• WHEREAS, the area of the Town determined to be benefited by the said Town of Ithaca Ithaca Area' Wastewater Treatment Plant Improvement Area consists of the entire area of the- Town excepting* therefrom the area contained within the Village of Cayuga Heights-, and WHEREAS, an order was duly adopted by said .Town Board on July 12, 1982, reciting the proposed improvement, a ` -description of the boundaries of the proposed improvement area, the maximum amount proposed to be expended for said sewer improvement, the proposed method of apportioning the cost of said sewer` improvement, the proposed method of financing to be employed, the fact that said plan, report and map were on file, in the Town Clerk's office *for . public inspection and specifying the Town offices at 126 East Seneca Street, Ithaca, New York, as the place where.and July 26, 1982, at 6:30 o'clock P.M., Daylight Saving Time, as the time when such Town. Board would meet. and II hold a public hearing on the authorization of the said improvement and establishment of the said proposed improvement area*and on the plan, report and map filed in relation thereto, at which all persons interested in jf the subject thereof would be heard concerning the same, i and o.M uu.N 25 FACE 957 WHEREAS, said Town Board duly caused a copy of said order to be published and posted in the manner and within the time provided by law, and, proof of said publication and posting has been duly presented to said. Town Board, and WHEREAS, said public hearing was duly held at the time and place set forth in said order as aforesaid, at which all persons desiring to be heard were duly heard;: and WHEREAS, said Town Board•has duly considered said plan, , report and map, and the evidence given at said public hearing, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, in the County of Tompkins, State of New'York, as follows: SECTION 1. Upon the evidence given at the aforesaid public hearing it is hereby found and determined: a) That all the property in the, said Improvement area as hereinafter described is benefited by the said sewer improvement and that all property benefited by said sewer improvement is included in said improvement Area, and b) That it is in the public interest to establish such improvement area as it is hereinafter described and to provide said sewer improvement as hereinafter authorized. -60 ..- -,— 0 ?5 PAGE 958 SSCTION 2. The establishment of the aforesaid improvement area to be designated and known as the Town of Ithaca - Ithaca Area Wastewater Treatment Plant Improvement Area in said Town (which is a part of the said Intermunicipal Project known as the Ithaca Area Wastewater Treatment Plant Project) is hereby authorized and approved, and said area which may be referred to either as the benefited area or the improvement area consists of and may be described as" the entire area of the Town of Ithaca outside of the Village of Cayuga Heights, which is the only village located in said Town. Section 3. a) The construction of the aforesaid sewer improvement substantially in accordance with the aforesaid plan, report and map is hereby authorized;.' such improvment consists of anew 10,000,000 gallon per day activated sludge treatment plant to achieve secondary treatment and phosphorous removal,, primary and secondary settling tanks, aeration basins, . phosphorous stripper tanks, septic storage tanks, gravity thickeners, primary and secondary. digestors, sludge dewatering equipment, a new administration building and chlorine building, approximately 6,300 feet of 48 and 36-inch outfall sewer and 20 6-inch ports, and improvements incidental thereto, and original furnishings, equipment, machinery and apparatus, and appurtenant facilities required in• connection. therewith, including any necessary acquisitions in land and rights in land together with certain additional incidental expenses occasioned by -61 1l uftR 25 ME 959 reason of the aforesaid intermuncipal agreement, including payment to the City of Ithaca for certain STEP II design costs, payment to the.City of Ithaca for the acquisition of certain rights in land currently owned by said City and payment of certain ineligible costs, as more fully described in the aforesaid plan, report and map. i) The maximum amount proposed to be expended by the City of Ithaca, the Town of Ithaca and the Town of Dryden for the aforesaid improvement is $36,461,0941. and the maximum amount proposed to be expended by said Town of Ithaca for said Town of Ithaca - Ithaca Area Wastewater Treatment Plant Improvement Area's share of the cost of said improvement is $15,395,810. The proposed method of financing to be employed by said Town of Ithaca consists of -the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed forty years, such bonds, to the extent monies are not 'available from sewer rents collected for the aforesaid improvement, to be payable from assessments levied ,upon and collected from the several lots and parcels of land deemed benefited by said improvement and located in the aforesaid benefited 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 = however, the amount of serial bonds ultimately to be issued shall be reduced by the amount of any Federal and/or State grants-in-aid received by the Town of Ithaca for such improvements. -62- a �1k 25 FAGE 960 f i c) The said Project of which the aforesaid improvement area is a part will be constructed, used and operated by the said City of Ithaca, Town of Ithaca, and the Town. of Dryden pursuant to the agreement of municipal cooperation entered into between the said municipalities pursuant to Article 5-G•of the General Municipal Law. This resolution is adopted subject to the approval of the State Comptroller in accordance' with the provisions of subdivision 13 of Section 209-q of the Town Law. d) Pursuant to the provisions of subdivision 11(a) of Section 209-q of the Town Law this resolution is adopted subject to permissive referendum. The adoption of the aforesaid resolution was moved by Supervisor Noel Desch and seconded by Councilman Marc Cramer; the question of the adoption of the- said resolution was duly put to a' vote on roll call, which resulted as follows: Councilman Cramer Voting Aye Supervisor Desch Voting Aye Councilman Jennings Voting Aye ' Councilwoman Kiefer Voting Aye Councilman Kugler Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye The Resolution was thereupon declared duly adopted. �I Lim 25 PAGE 961 STATE OF NEW - OFFICE OF STATE COMPTROLLER 1 In the Matter of the Application of the Town Board of the Town of Ithaca, Tompkins County. New York, for the permission of the State Comptroller to provide Town Sewer Improvement in said town, pursuant to Town Law, Article 12-c, Section 209-q. WHEREAS, application has been duly made to the undersigned by the town board of the Town of Ithaca, Tompkins County. New York. by its Supervisor, pursuant to Town Law, Article 12•-c..Section 2099-q, for the permission of the State Comptroller to provide Town. Sewer Improvement in said town, in accordance with'such application and a resolution of said board adopted on July 26. 1982; and WHEREAS, the undersigned has duly examined such application. NOW, THEREFORE, pursuant to such examination and upon such application of the town board of the Town of Ithaca, the undersigned does hereby find and determine, after due deliberation: (1) That the public interest will be served by the Town Sewer Improvement in the Town of Ithaca in accordance with such application.- (2) That the cost of the proposed improvement will not be an undue burden upon the property benefited thereby. I, EDWARD V. REGAN, Comptroller of the State of New York, do hereby order that such application of the town board of the Town'of Ithaca for permission to provide Town Sewer Improvement be..and the. same hereby is granted. and I do hereby permit the said improvement in accordance with the description contained in the resolution adopted on July 26. 1982, at a cost not to exceed $15.395.$10 including any amounts of state and federal aid as shall be received. Executed in duplicate under my hand and the seal of the Comptroller of the State of New York, at the City of Albany. New York, this ��day of September. 1982. rqj EDWARD V . REGAN r�J State Comptroller F flBy John- eney ~' Firs Deputy Comptroller . 1 4 25 ?AGE S62 STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS. TOWN OF ITHACA ) I, Jean H. Swartwood, the Town Clerk of the Town of Ithaca, do hereby certify that I have compared the preceding resolution with the original thereof filed i in my office at 126 East Seneca Street, Ithaca, New York, and the same is a true and correct copy of said i original and the whole thereof. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of the said Town, this 24th day of August, 1982. can H. Swartwood Town Clerk Tompkins County, M., .Sl... . Day of. .19F°�.�..:st corded on the. ..G D' .... Y • ..s.. gg�� ,•M, in fiber•. . . •' ...... .... ..