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FINAL
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Rev. 10/87
200 I-891
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596-3877 Date: May 22, 1989
Town of Ithaca
126 E. Seneca Street
Ithaca, NY 14850
ATTENTION: MR. NOEL DESCH, TOWN SUPERVISOR
Gentlemen:
Attached, for your records, is fully executed original
of an agreement between your Town and our
Corporation dated March 6, 1989, consisting of three
(3) gravity flow sewers, a 4-inch (crossing at MP
309.04), an 8-inch (crossing at MP 309.71), and an 8-
inch longitudinal; with manhole, between Mile Post
305.05 and Mile Post 309.14 and one (1) 4-inch force
main off the right of way of the Ithaca Secondary (L/C
0610) in Ithaca, Tomkins County, New York.
Please contact Mr. D. W. Ophardt our Area Engineer,
located in Selkirk, NY Telephone: 518-767-6310
at least fourteen working days prior to start of work.
NO WORK CAN BEGIN UNTIL THIS IS DONE AND AUTHORIZATION
OBTAINED FROM MR.
Your attention is again called to Paragraph 17 of the
attached agreement and the last paragraph of our letter
dated March 6, 1989 concerning your obtaining
approval of installation procedures.
Very truly yours,
General Manager - Contracts
Attachment
CONSOLIDATED RAIL CORPORATION 15 NORTH 32nd STREET PHILADELPHIA, PA 19104-2849
CONSOLIDATED RAIL CORPORATION
LICENSE AGREEMENT FOR WIRE, PIPE AND CABLE TRANSVERSE
CROSSINGS AND LONGITUDINAL OCCUPATIONS
THIS AGREEMENT, made this 27th day of April, 1989, between
CONSOLIDATED RAIL CORPORATION, a Pennsylvania Corporation, party
of the first part (hereinafter called "Railroad") with an address
c/o General Manager -Contracts, Consolidated Rail Corporation,
Room 200, 15 North 32nd Street, Philadelphia, Pennsylvania,
19104-2849 and TOWN OF ITHACA, a municipal corporation existing
under the laws of the State of New York, as party of the second
part (hereinafter called "Licensee"), with an address of 126 East
Seneca Street, Ithaca, New York, 14850.
WITNESSETH, that said Railroad (which when used herein shall
include any lessor, successor, or assignee of or operator over
its railroad) insofar as it has the legal right and its present
title permits, and in consideration of the covenants and
conditions hereinafter stated on the part of Licensee to be kept
and performed, hereby permits Licensee to construct, maintain,
repair, alter, renew, relocate, and ultimately remove the
following:
1. one (1) 4-inch ductile iron gravity sewer, encased in a
10-inch steel pipe, at Valuation Station 104+90±,
located 222 feet north of Mile Post 309 (MP 309.04).
2. Occupation of one (1) 8-inch ductile iron gravity
sewer, entering the easterly right of way at Valuation
Station 105+35±, (Mile Post 305.05) traveling in a
northerly direction to Valuation Station 107+90±, said
facility then turns in a westerly direction and crosses
under the tracks encased in a 16-inch steel pipe and
continues to a manhole, facility again turns and runs
in a northerly direction to Valuation Station 110+35±
(Mile Post 309.14) and leaves the westerly right of way
at that point.
3. One (1) 4-inch ductile iron force main sewer parallel
to, but off, our right of way between Valuation Station
132+26± and Valuation Station 135+46± (See Article 22).
4. One (1) 8-inch ductile iron gravity sewer, encased in a
16-inch steel pipe at Valuation Station 140+55±,
located 3787 feet north of Mile Post 309 (MP 309.71);
all through the lands and under the across and along the
roadway and tracks of the Ithaca Secondary Track of Railroad
(Line Code 0610), located between Mile Post 309.04 and mile
post 309.71 between points in the Town of Ithaca, Tompkins
County, New York,
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in accordance with construction plans No. 1 to 8 of 8 submitted
by Licensee to and approved by the Chief Engineer of Railroad,
incorporated herein by reference; also in accordance with current
issues of Railroad Specifications Nos. CE 4 and/or CE 8; and
shown on Plan No. I-891, Sheets 1 to 3 of 3, dated March 3, 1989,
marked Exhibit "A", attached hereto and made a part of this
Agreement, all and any part thereof being hereafter referred to
as the "FACILITIES"; said license, however, shall be under and
subject to the following terms, covenants and conditions as
hereinafter recited which are hereby accepted and agreed to, by
Licensee, to wit:
1. Licensee shall pay to Railroad upon the execution
hereof, the sum of Nine Thousand, Five Hundred Twenty -Five
Dollars ($9,525.00) as reimbursement for the rights granted in
this Agreement.
2. (a) The FACILITIES shall be located, constructed, and
maintained in exact accordance with said construction plans and
for the purpose as outlined on Page 1. No departure shall be
made at any time therefrom except upon permission in writing
granted by the Chief Engineer of Railroad, or his designee,
provided, however, that if any commission or other regulatory
body duly constituted and appointed in compliance with the laws
of the State in which the crossing or occupancy herein provided
is situate, and having jurisdiction in the premises, has by
ruling or other general order determined and fixed the manner and
means of construction, maintenance, repair, alteration, renewal,
relocation, or removal thereof, then said ruling or general order
shall prevail for the crossing or occupancy herein mentioned.
(b) The work of constructing, maintaining, repairing,
altering, renewing, relocating or removing the said FACILITIES
shall be done under such general conditions as will be
satisfactory to and approved by the Chief Engineer of Railroad,
or his designee, and as will not interfere with the proper and
safe use, operation and enjoyment of the property of Railroad.
Licensee, at its own cost and expense, shall, when performing any
work in connection with the FACILITIES, furnish any necessary
inspectors, flagmen or watchmen to see that men, equipment, and
materials are kept a safe distance away from the tracks of
Railroad.
(c) In addition to, but not in limitation of any of
the foregoing provisions, if at any time Railroad should deem
inspectors, flagmen or watchmen desirable or necessary to protect
its operations or property, or its employees, patrons, or
Licensees during the work of construction, maintenance, repair,
alteration, renewal, relocation, or removal of said FACILITIES of
Licensee, Railroad shall have the right to place such inspectors,
2
Conrail.agr, Ith3, 4/27/89 10:33am
CE 66, Revised 1/88
flagmen or watchmen at the sole risk, cost and expense of
Licensee, which covenants and agrees to bear the full cost and
expense thereof and to promptly reimburse Railroad upon demand.
The furnishing or failure to furnish inspectors, flagmen or
watchmen by Railroad, however, shall not release Licensee from
any and all other liabilities assumed by Licensee under the terms
of this Agreement.
3. If Licensee desires or is required, as herein provided,
to revise, renew, add to or alter in any manner whatsoever the
aforementioned FACILITIES, it shall submit plans to Railroad and
obtain the written approval of the Chief Engineer of Railroad
thereto before any work or alteration of the structure is
performed and the terms and conditions of this Agreement with
respect to the original construction shall apply thereto. In
that event, Railroad reserves the right to assess additional
charges for increased size or additional facilities only.
4. (a) Licensee shall at all times be obligated to
promptly maintain, repair, and renew said FACILITIES; and shall,
upon notice in writing from Railroad and requiring it so to do,
promptly make such repairs and renewals thereto as may be
required by Railroad; or Railroad, for the purpose of protecting
and safeguarding its property, traffic, patrons or employees from
damage or injury, may with or without notice to Licensee at any
time make such repairs and renewals thereto and furnish such
material therefor as it deems adequate and necessary, all at the
sole cost and expense of Licensee.
(b) In the event of an emergency, Licensee will take
immediate steps to perform any necessary repairs, and in the
event Licensee fails so to do, Railroad will perform said
necessary repairs at the sole cost and expense of Licensee.
5. (a) The supervision over the location of the
construction work and inspection of the FACILITIES and the
approval of the material used in construction, maintenance,
repair, alteration, renewal, relocation and removal of the
aforesaid FACILITIES covered by this Agreement shall be within
the jurisdictional rights of Railroad.
(b) The right of supervision over the location of the
construction work and inspection of the FACILITIES from time to
time thereafter by Railroad, shall extend for an appropriate
distance on each side of the property of Railroad as the method
of construction and materials used may have an important bearing
upon the strength and stability of the FACILITIES over, under,
upon, or in the property of Railroad.
6. Licensee shall comply with all Federal, State and local
Conrail.agr, Ith3, 4/27/89 10:33am
CE 66, Revised 1/88
laws, and assume all cost and expense and responsibility in
connection therewith, without any liability whatsoever on the
part of Railroad.
7. (a) It is understood between the parties hereto that
the operations of Railroad at or near said FACILITIES involve
some risk, and Licensee as part of the consideration for this
license hereby releases and waives any right to ask for or demand
damages for or account of loss of or injury to the FACILITIES
(and contents thereof) of Licensee that are over, under, upon, or
in the property and facilities of Railroad including the loss of
or interference with service or use thereof except to the extent
of Railroad's negligence.
(b) And Licensee also covenants and agrees to and
shall at all times indemnify, protect and save harmless Railroad
from and against all cost or expense resulting from any and all
losses, damages, detriments, suits, claims, demands, costs and
charges which the said Railroad may directly or indirectly
suffer, sustain or be subjected to by reason or on account of the
construction, placement, attachment, presence, use, maintenance,
repair, alteration, renewal, relocation or removal of said
FACILITIES in, on, about or from the premises of Railroad whether
such losses and damages be suffered or sustained by Railroad
directly or by its employees, patrons, or licensees, or be
suffered or sustained by other persons or corporations, including
Licensee, its employees and agents who may seek to hold Railroad
liable therefor, except to the extent of Railroad's negligence.
(c) If a claim or action is brought against either
party and for which the other party may be responsible hereunder
in whole or in part, such other party shall be notified and
permitted to participate in the handling or defense of such
matter.
8. All cost and expenses in connection with the
construction, maintenance, repair, alteration, renewal,
relocation and removal of said FACILITIES shall be borne by
Licensee, and in the event of work being performed or material
furnished by Railroad under the stipulated right to perform such
work of construction, maintenance, repair, alteration, renewal,
relocation or removal under any section hereof, Licensee agrees
to pay to Railroad the actual cost of material plus the current
applicable overhead percentages for storage, handling,
transportation, purchasing and other related material management
expenses and the actual cost of labor plus the current applicable
overhead percentages as developed and published by the accounting
department of Railroad for fringe benefits, payroll taxes,
administration, supervision, use of tools, machinery and other
equipment, supplies, employers liability insurance, public
4
Conrail.agr, Ith3, 4/27/89 10:33am
CE 66, Revised 1/88
liability insurance, and other insurance, taxes and all other
indirect expenses. It is to be understood that the
aforementioned material and labor overhead charges are to be
applied at the rates which are effective at the time of the
performance of any work by employees of Railroad on the said
FACILITIES. Licensee agrees to pay such bills within thirty (30)
days of the presentation thereof by Railroad.
9. Licensee shall, upon request in writing of Railroad and
at Railroad's sole cost and expense promptly change the location
of said FACILITIES covered by this agreement, where located over,
upon or in the property and facilities of Railroad, to another
location, if solely to permit and accommodate changes of grade or
alignment and improvement in, or additions to, the facilities of
Railroad upon land now or hereafter owned or used by Railroad to
the intent that said construction shall at all times comply with
the terms and conditions of this Agreement with respect to the
original construction. However, if the request for change of
location is in whole or in part due to a governmental or court
decree, regulation, order, or otherwise, requiring mandatory
removal or change, and written notice of the institution or
existence of any proceeding seeking such decree, regulation,
order, etc., was provided to Licensee immediately after receipt
of same by Railroad, then the sole cost and expense of such
removal or relocation will be assumed by the Licensee. In the
event of the lease, sale, or disposal of the premises or any part
thereof encumbered by this license, then said Licensee shall make
such adjustments or relocations in its FACILITIES as are over,
upon, or in the property and facilities of Railroad as may be
reasonably required by said Railroad or its grantee but only at
Railroad's expense; and if Licensee shall fail or refuse to
comply therewith, then the duly authorized agents of Railroad may
make such repairs or adjustments or changes in location and
provide necessary material therefor at Railroad's sole expense.
10. Upon termination of this Agreement or upon the removal
or abandonment of the FACILITIES covered hereby, all the rights,
title and interest of Licensee hereunder shall cease and
determine, and this instrument shall thereupon become and be null
and void, without any liability on the part of either party to
the other party except only as to liability accrued prior
thereto, and Licensee shall remove its said FACILITIES and
appurtenances from Railroad property, and right of way and all
property of Railroad shall be restored in good condition and to
the satisfaction of Railroad. If Licensee fails or refuses to
remove its FACILITIES and appurtenances under the foregoing
conditions, Railroad shall be privileged to do so at the cost and
expense of Licensee, and Railroad shall not be liable in any
manner to Licensee for said removal.
5
Conrail.agr, Ith3, 4/27/89 10:33am
CE 66, Revised 1/88
11. In the event the FACILITIES consist of an underground
occupation, Licensee will be responsible for any settlement
caused to the roadbed, right of way and/or tracks, facilities,
and appurtenances of Railroad arising from or as a result of the
installation of the said FACILITIES for a period of one (1) year
subsequent to the date of completion of the installation, and
Licensee agrees to pay to Railroad on demand the full cost and
expense therefor.
12. In the event the said FACILITIES consist of electrical
power or communication wires and/or appurtenances, Licensee shall
at all times be obligated promptly to remedy any inductive
interference growing out of or resulting from the presence of its
FACILITIES; and if Licensee should fail so to do, then Railroad
may do so, and Licensee agrees to pay to Railroad on demand the
full cost and expense therefor.
13. As part of the consideration of the within Agreement,
Licensee covenants and agrees that no assessments, taxes or
charges of any kind shall be made against Railroad or its
property by reason of the construction of said FACILITIES of
Licensee, and Licensee further covenants and agrees to pay to
Railroad promptly upon bills rendered therefor the full amount of
any assessments, taxes or charges of any kind which may be
levied, charged, assessed or imposed against Railroad or its
property by reason of the construction and maintenance of said
FACILITIES of Licensee. Notwithstanding the foregoing, if
Railroad connects to any of the FACILITIES, or if Railroad sells
or otherwise disposes of its title interest in the property in
which all or a portion of the FACILITIES are located, the waiver
of taxes and assessments and related indemnity contained in this
paragraph shall terminate at the earliest of such events.
Thereafter, such property shall be treated for tax and assessment
purposes in the same manner as any other real property in the
Town of Ithaca.
14. The rights conferred hereby shall be the privilege of
Licensee only, and no assignment or transfer hereof shall be
made, or other use be permitted than for the purpose stated on
Page 1 without the consent and agreement in writing of Railroad
being first had and obtained.
15. This Agreement shall be terminable only upon mutual
consent of the parties hereto or by court order obtained by the
non -breaching party in the event either party is found to have
materially breached any of its obligations under this Agreement.
16. This Agreement shall take effect as of the 26th day of
April, A.D. 1989, subject to the provisions of Article "19".
Conrail.agr, Ith3, 4/27/89 3:40pm
CE 66, Revised 1/88
17. Anything herein contained to the contrary
notwithstanding, there shall be no obligation on the part bf
Railroad to continue operation of the line of Railroad in the
vicinity of the FACILITIES to prevent the termination of
Licensee's occupation rights at any crossing or occupation
covered hereunder on account of an abandonment of line or service
by Railroad; nor shall there be any obligation upon Railroad to
perfect its title in order to continue in existence the said
occupation rights after such abandonment of line or service.
18. This Agreement is authorized to be entered into by
Resolution of the Town Board of the Town of Ithaca adopted
March 9, 1987, a certified copy of which is attached hereto.
19. This Agreement will not become valid until the method
of installation and all related matters have been approved by the
Chief Engineer - Design and Construction of Railroad or his duly
designated representative.
20. Automobile mileage charges incurred by aforementioned
Railroad inspectors, flagmen or watchmen in connection with the
installation, maintenance, etc., of said FACILITIES will be based
on allowances approved by The United States Government in effect
at the time the expenses are incurred.
21. This Agreement shall not be deemed or construed as
transferring to Licensee any interest in the land of Railroad or
any right in the nature of an interest, irrespective of any
expenditure by Licensee for the FACILITIES.
22. With respect to item 3 of the FACILITIES outlined
above, although the facility will not be placed on the railroad
property, except for approximately 15 feet of such main which are
in the Railroad property, the construction of that item of the
FACILITIES will entail extensive use of Railroad's right of way,
in close proximity to Railroad operations, to accomplish same.
The Railroad hereby authorizes use of its property during said
construction which is to be governed by all of the terms and
conditions of this Agreement. There are no fees included in
Article 1 of this Agreement for this privilege. Nor are there
any additional fees that are to be charged for this privilege.
23. Any notice required to be delivered to the Railroad
under this Agreement shall be delivered personally or by
certified or registered mail, return receipt requested, addressed
to the Railroad at the address set forth at the outset of this
Agreement unless the Railroad has, by previous written notice
served upon the Licensee, directed notices to be addressed
elsewhere. Similarly, any notice required to be given to
7
Conrail.agr, Ith3, 4/27/89 10:37am
CE 66, Revised 1/88
Licensee under this Agreement shall be delivered to Licensee at
the address set forth at the outset of this Agreement unless
Licensee has, by written notice, delivered to Railroad, directed
the notice to be delivered at a different address.
The terms of this Agreement shall be binding and effective
upon all the parties hereto, and unless and until terminated, as
hereinbefore provided, this Agreement shall inure to the benefit
of and be binding upon the parties hereto, their successors and
assigns, subject, however, to the provisions of Article "14" of
this Agreement.
IN WITNESS WHEREOF, the said parties hereto have caused this
Agreement to be duly executed and delivered as of the day and
year first above written.
CONSOLIDATED RAIL CORPORATION
By:
C.E. WO AN
General Manage Contracts
TOWN OF ITHACA
By:
NOEL DESCH
Town Supervisor
TE OF NEW YORK )
I9T-Y,OF TOMPKINS ) ss .
On th' day of _
personally, cam E. WOGAN, to
by me duly sworn, depose and
that h 's the
RAIL CORPORATION, the corpo on
the within instrument; that
corporation; that th�seal ixe said instrument is such
corporate seal; that affixed 'y order of the Board of
Directors of said orporation; and that he` signed his name
thereto by lik rder.
me personally
19891, b -fie me
know ho, being
say that he r es in
General M ger of CONSOLIDATED
desc ' ed in and which executed
knows the seal of said
Notary Public
8
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA:
ss
COUNTY OF PHILADELPHIA
On this 'l day of 19 S before me
personally came C. E. Wogan, to me known, who, being by me
duly sworn, did depose and say that he resides at 411
Society Hill, Cherry Hill, Camden County, New Jersey, that
he is the General Manager - Contracts of Consolidated Rail
Corporation, the corporation described in and which
executed the above instrument; that he knows the seal of
said corporation; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of
the Board of Directors of said corporation, and that he
signed his name thereto by like order.
COUITW OF
On this ay of
personally came
me duly sworn, did
is the
6�1_,g
ic-
Noi'AR public
WOL ANN CON ' . Notary Pub .
City of Philadelphia'April 4. 1990
_._....,., County
Fxoues AP -
ss
, to
se and sa
the
in and which execute e above in um
the seal of said rporation; that t
instrument is ch corporate seal; that
by order the Board of Directors of
that h igned his name thereto by like
before me
mown, who, being by
that he resides at
that he
of
corporation described
ent; that he knows
seal affixed to said
i was so affixed
said rporation, and
order.
otary Public
Conrail.agr, Ith3, 4/27/89 10:37am
CE 66, Revised 1/88
STATE OF NEW YORK )
COUNTY OF TOMPKINS)ss.:
r
On this day of fi n,-, / . 1989. before me, came
Noel Desch, to me personally knd4dn who, being by me duly sworn,
did depose and say that he resides at 132 Updike Road, Ithaca,
New York, and that he is the Supervisor of the Town of Ithaca,
who executed the within instrument, and he acknowledged to me
that he executed the same, and that such execution was on behalf
of the Town of Ithaca and that ��l
Tpwn Board of such Town duly
authorized such execution. /) le-)
Notf/ary Public
JOHN, r, p4pMrY
ffttm pure York
N(
0WIffie, ,„ky
Tarm EXpireb 9--j
JOHN C. BARNEY
Notary Public, State of New York
No. 55-0166985
Qualfed in Tompkins County
Tenn Expires September 30, 19-';�
9
Town Board 22 March 9, 1987
A RESOLUTION AUTHORIZING A TOWN OF ITHACA SEWER SYSTEM IMPROVEMENT i
- 1987 IN AND FOR THE TOWN OF ITHACA SEWER SYSTEM BENEFITED AREA -
1987 IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, PURSUANT TO
ARTICLE 12-C OF THE TOWN LAW
RESOLUTION NO. 70
A RESOLUTION AUTHORIZING A TOWN OF ITHACA SEWER SYSTEM IMPROVEMENT
- 1987 IN AND FOR THE TOWN OF ITHACA SEWER SYSTEM BENEFITED AREA -
1987 IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, PURSUANT TO
ARTICLE 12C OF THE TOWN LAW.
At a Regular Meeting of the Town Board of the Town of Ithaca,
Tompkins County, New York, held at the Town Hall, 126 East Seneca
Street, Ithaca, New York, in said City of Ithaca on March 9, 1987,
at 5:30 o'clock P.M., Prevailing Time.
PRESENT: Supervisor Desch
Councilman McPeak
Councilwoman Raffensperger
Councilw mean Howell
Councilman Bartholf
Councilwoman Leary
SENT: Councilman Cramer
The following resolution was offered by Supervisor Desch who moved
its adoption, seconded by Councilman McPeak to wit;
WHEREAS, a plan, report and map have been duly prepared in such
manner and in such detail as has been determined by the Town Board
of the Town of Ithaca, Tompkins County, New York, relating to the
creation of the Town of Ithaca Sewer System Benefited Area - 1987
and the providing of a Town of Ithaca Sewer System Improvement -
__ 1987 therefor, consisting of (a) construction and installation of
an 8" sanitary gravity and force main sewer fran the City of Ithaca
collection system including connections for lateral sewer services
in the vicinity of Treman Marina along Taughannock Boulevard
approximately 10,200 feet to the Ithaca/Ulysses Town line to
provide sewer service to the properties on Taughannock Boulevard,
(b) construction and installation of an 8" sanitary sewer to
provide sewer service for the properties on Orchard Place, Indian
Creek Road, Dubois Road, Woolf Lane and Grove Place. Total length
of main is approximately 8,420 feet. The new sewer system will
connect to the existing Town system in the Tompkins County Biggs
Complex, (c) construction and installation of approximately 1,150
feet of 8" sanitary sewer in Cliff Street to provide sewer service
for several properties on Campbell Avenue and Trumansburg Road.
Connection is made to the City of Ithaca system, (d) construction
and installation of approximately 5,880 feet of gravity and force
main on East Shore Drive from the vicinity of the Ithaca/Lansing
Town line to the City of Ithaca Steward Park lift station including
service to approximately eleven properties presently in the City of
Ithaca hwich, by mutual agreement with the City, wiil be annexed to
the Town of Ithaca, (e) construction and installation of
approximately 3,600 feet of 8" sanitary sewer to serve additional
properties on West Haven Road to connect with the Town system
already serving the lower end of this street, and (f) construction
and installation of approximately 1,190 feet of 8" sewer main to
change the location of the service and replace the sewer service to
Cornell Quarters housing to enable the Town to monitor the flow and
eliminateinfiltration. The new connection will be to the existing
City of Ithaca system above the existing jointly owned monitoring
station pursuant to Article 12-C of the Town Law, and
.- �...., - • ' - ,, -, ...._, ..... fir, 1 ..- .
Town Board 23 March 9, 1987
WHEREAS, said plan, report and map have been prepared by Robert R.
Flumerfelt, a competent engineer duly licensed by the State of New
York and have been filed in the office of the Town Clerk where they
are available for public inspection, and =
c•
i
WHEREAS, said Town Board duly adopted an order on February 9, 1987
calling a public hearing upon said plan, report and map and the
question of creating a proposed sewer improvement area to be known
as the Town of Ithaca Sewer System Benefited Area - 1987 and the
construction of the sewer improvements for said Improvement Area as ! -
described above, such public hearing to be held on March 9, 1987,
at 7:15 o'clock P.M., Prevailing Time, at 126 East Seneca Street,
in Ithaca, New York, in said City of Ithaca, at which time and
place all persons interested in the subject therof could be heard
concerning the same, and
WHEREAS, notice of said public hearing was duly posted and
published as required by law, and
WHEREAS, said public hearing was duly held at the time and place
aforesaid and all persons interested in the subject therof were
heard concerning the same, and
WHEREAS, it is now desired to authorize the creation of the Town of
Ithaca Sewer System Benefited Area - 1987 and the construction of
the aforesaid sewer improvements therfor; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, ,
New York, as follows:
Section 1. Upon the evidence given at the aforesaid public
hearing, it is hereby found and determined that it is in the public
interest to make the aforesaid sewer improvement and to establish
the aforesaid Town of Ithaca Sewer System Benefited Area - 1987.
It is hereby further determined that all of the real property
included within the boundaries of said Improvement Area are
benefited by said sewer improvement. The construction of said
sewer improvement consisting of (a) construction and installation
of an 8' sanitary gravity and force main sewer from the City of
Ithaca collection system including connections for lateral sewer
services in the vicinity of Trepan Marina along Taughannock
Boulevard approximately 10,200 feet to the Ithaca/Ulysses Town line
to provide sewer service to the properties on Taughannock
Boulevard, (b) construction and installation of an 8" sanitary
sewer to provide sewer service for the properties on Orchard Place,
Indian Creek Road, Dubois Road, Woolf Lane and Grove Place. Total
length of main is approximately 8,420 feet. The new sewer system
will connect to the existing Town system in the Tompkins County
Biggs Complex, (c) construction and installation of approximately
1,150 fet of 8" sanitary sewer in Cliff Street to provide sewer
service for several properties on Campbell Avenue and Tnumansburg
Read. Connection is made to the City of Ithaca system. (d)
construction and installation of approximately 5,880 feet of 8" ;
gravity and force main on East Shore Drive from the vicinity of the
Ithaca/Lansing Town line to the City of Ithaca Stewart Park lift
station including service to approximately eleven properties
presently in the City of Ithaca which, by mutual agreement with the
City, will be annexed to the Town of Ithaca. (e) construction and
installation of approximately 3,600 feet of 8" sanitary sewer to
serve additional properties on West Haven Road to connect with the
Town system already serving the lower end of this street, and (f)
construction and installation of approximately 1,190 feet of 8"
sewer main to change the location of the service and replace the
sewer service to Cornell Quarters housing to enable the Town to
monitor the flow and eliminate infiltration. The new connection
will be to the existing City of Ithaca system above the existing
Town Board
RESOLUTION:
March 9, 1987
jointly owned monitoring station, is hereby authorized at a maxim=
estimated cost of $1,350,000. The aforesaid Ithaca Sewer System
Benefited Area - 1987 consists of the entire Town of Ithaca,
excluding the Village of Cayuga heights.
Section 2. The cost of said sewer improvement shall be borne
entirely by the property in the Town of Ithaca Sewer System
Benefited Area - 1987 consisting of the entire Town of Ithaca
excluding the Village of Cayuga Heights and such costs shall be
assessed, levied and collected from the several lots or parcels of
land within said benefited area in just proportion to the amount of
benefit which said sewer improvement shall confer upon such lots or
parcels.
Section 3. It is hereby determined that the estimated expense of
the aforesaid sewer improvement exceeds one tenth of one per cent
of the full valuation of the taxable real property in the area of
said Town outside of Villages and, therefore, in accordance with
the provisions of subdivision 13 of Section 209-q of the Town Law,
the permission of the State Ccniptroller is required for said sewer
improvement. Accordingly, the Town Clerk shall, within ten (10)
days of the effective date of this resolution, file certified
copies of this resolution, in duplicate, in the office of the State
Department of Audit and Control in Albany, New York, together with
an application by this Town Board, in duplicate, for permission to
establish such sewer improvement as provided for by Section 209(q)
of the Town Law, and that such application shall be executed by and
on behalf of said Town Board by the Supervisor of said Town.
Section 4. This resolution is adipted subject to permissive
referendum.
The question of the adoption of the foregoing order was duly put to
a vote on roll call, which resulted as follows:
Councilman Bartholf
Voting Aye
Councilw xnan Ilowell
Voting Aye
Councilwanan Leary
Voting Aye
Councilman McPeak
Voting Aye
Councilwicinan Raffensperger
Voting Aye
Supervisor Desch
Voting Aye
This resolution was thereupon declar
STATE OF NEW YORK
COUNTY OF TOMPKINS ` SS:
TOWN OF ITHACA )
I, Jean H. Swartwood, Town Clerk of the Town of Ithaca, New York', do hereby certify that the foregoing
resolution is a true and exact copy of a resolution duly adopted by the wiz-.i-c,..�• _��
of said Town of Ithaca at a /�2z- meeting held on the 9 �Sr� day of
19 S9, and that the same is a complete copy of the whole of such
resolution.
IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate seal of the Town of Ithaca, New
York this ---� % v� day of 19 Y % .
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