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REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, OCTOBER 20, 2008
TB RESOLUTION NO. 2008-221: PUBLIC INTEREST ORDER: In the Matter of the
Proposed Sewer District Improvements in the Town of Ithaca, Tompkins County,
New York, pursuant to NYS Town Law, Article 7, to be known as the King Road East
Sewer Lateral Extension
WHEREAS, At a Public Hearing of the Town Board of the Town of Ithaca, Tompkins
County, held at the Town Hall, 215 North Tioga Street, in the City of Ithaca, New York, on
the 8th day of September 2008, at six o'clock p.m. prevailing time, the Town Board
members examined definite plans, specifications, estimate and proposed contract
submitted by the town engineer for the execution of sewer district improvements, known as
King Road East Sewer Lateral Extension; and
WHEREAS, Town Board members present were:
PRESENT: Supervisor Engman
Councilwoman Leary
V
Councilman Stein
Councilman Goodman
Councilman Levine
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Councilwoman Hunter
Councilman DePaolo
WHEREAS, no persons came forward to speak on behalf of or in opposition to the
proposed project; and
WHEREAS, a plan, report and map has been duly prepared in such manner and in such
detail as heretofore has been determined by the Town Board of the Town of Ithaca,
Tompkins County, New York, relating to the creation and construction, pursuant to the
Town Law of facilities of the Town -wide Sewer District ("the District") in and for the town;
and
WHEREAS, the District Improvements consist of 715 lineal feet of 8 inch sewer lateral and
appurtenances from 209 King Road East to 227 King Road East; and
WHEREAS, the Town Engineer has prepared definite plans and specifications, and has
made a careful estimate of the expense, and has, with the assistance of an attorney,
prepared a proposed contract for the execution of the work; and
WHEREAS, said contract and estimate of cost are on file in the office of the Town Clerk for
public inspection; and
WHEREAS, the maximum proposed cost of such improvement is $100,856.00; and
WHEREAS, the Town Board has examined such definite plans, specifications, estimate
and propose contract.
NOW THEREFORE BE IT
RESOLVED AND ORDERED, that the Town Board of the Town of Ithaca, having received
no public comment, approved this project (TB Resolution No. 2008-177) subject to
permissive referendum as outlined below:
Section 1. It is hereby determined that it is in the public interest to make the Sewer
Improvement hereinafter described and such Sewer Improvement is hereby
authorized. The proposed area hereby determined to be benefited by said Town of
Ithaca King Road East Lateral Sewer Extension Improvement, as estimated by the
Town Engineer of the Town of Ithaca, consisting of approximately 715 Lineal feet of
8 inch sewer lateral and appurtenances is from 209 King Road East to 227 King
Road East.
Section 2. SEQR DETERMINATION: It was determined and approved by the Town
of Ithaca Town Board that the aforesaid specific object or purpose constitutes a
Type II Action under the SEQR Regulations of the State of New York and will not
have a significant impact upon the environment
Section 3. The Town of Ithaca, subject to the approval of the voters of the Town of
Ithaca, if a referendum is requested, hereby authorizes the expenditure of up to
$100,856.00 for the Town of Ithaca King Road East Sewer Lateral Extension and
the payment of all costs incident thereto, including engineering and design fees,
consulting fees, attorneys fees, bidding costs and any other related costs, all of said
actions being hereinafter collectively referred to as the "Project."
Section 4. The plan for the financing of the Project consists of the use of surplus
funds, the principal sum of not more than $100,856.00.
Section 5. Within 10 days after the adoption of this resolution by the Town Board,
the Town Clerk shall, as set forth in Section 90 of the Town Law, post and publish a
notice which shall set forth the date of the adoption of this resolution and contain an
abstract of this resolution, concisely stating the purpose and effect thereof. Such
notice shall specify that such resolution was adopted subject to a permissive
referendum.
Section 6. This Resolution shall take effect when the period of time for submission
and filing of a petition for public referendum shall have lapsed, unless a referendum
is requested, in which event it shall take effect, if approved at such referendum,
upon such approval.
Section 7. This resolution is adopted subject to a permissive referendum pursuant
to Town Law Article 7, Town Law Section 199.
The question of adoption of the foregoing Resolutions were, upon motion made by
Councilman Levine and seconded by Councilman Stein, duly put to a vote on a roll call,
which resulted as follows:
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Supervisor Engman
Councilwoman Leary
Councilman Stein
Councilman Goodman
Councilman Levine
Councilwoman Hunter
Councilman DePaolo
The undersigned, Town Clerk of the Town of Ithaca, does hereby certify that the foregoing
is a true and correct copy of a Public Interest Order duly adopted by the Town Board of the
Town of Ithaca on Monday, October 20, 2008.
Karen M. Billings, Town Clerk