HomeMy WebLinkAbout1987-02-19 SPECIAL MEETING
FEBRUARY 19 , 1987
Supv Cotterill called the meeting to order at 12 : 00 noon
Present : Supv Cotterill , Clm Webb , Clm Garlock and Clm Schlecht was
present by phone connection and voted yes per telephone , with
regard to the resolution .
Absent : Clm Evans
Adjourned : 12 : 15PM
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dpr Or
Susanne Lloyd /
Town Clerk
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• 20127 - 307P
At a regular meeting of the Town ' oard of the Town of Dryden ,
Tompkins County , New York , held at 65 East Main Street , Town Hall
in Dryden , New York , in said Tcwn , on the 19th day of February , 1987 ,
at 12 : 00 o ' clock P . M . , Prevailing Time .
The m = eting was called to order by Supervisor Cotterill and
upon roll being called , there were
PRESENT : Clinton F Cotterill , Supervisor
Merton Webb , Councilman
Karl Garlock , Councilman
George Schlecht , Councilman
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ABSENT :
Charles Evans , Councilman
The following resolution was offerel by Councilman Garlock
. who moved its adoption , seconded hy. Councilman Webb , to - wit :
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RESOLUTION DATED FEBRUARY 19 , 1987 .
. A RESOLUTION APPROVING THE ESTABLISHMENT OF A PROPOSED .
WATER DISTRICT TO BE KNOWN AS THE MONKEY RUN WATER
DISTRICT ( 2 ) IN THE TOwN OF DRYDEN , TOMPKINS COUNTY , '
NEW YORK , AND FURTHER APPROVING THE CONSTRUCTION OF
IMPROVEMENTS PROPOSED THEREFOR .
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WHEREAS , the Town Board of the Town of Dryden , Tompkins County ,
New York , has heretofore duly caused a map , plan and report to be
prepared and filed in the office of the Town Clerk of said Town in
relation to the establishment of a proposed water district to be
known as the Monkey Run water District ( 2 ) of the Town of Dryden ,
Tompkins County , New York , and the purchase and installation of
approximately 13 , 000 linear feet of 12 inch water main , together with
pump stations , gate valves , necessary appurtenanc4s • and land and
✓ ights in land , pursuant to Article 12 - A of the Town Law ; and
• AHEREAS , an order was duly adopted by said Town Board on October
28 , 1986 , reciting a description of the boundaries of said proposed
w ater district , the improvements proposed . , the maximum amount
proposed to be expended for said improvements , the proposed method of
financing to be employed , the fact that said map , plan and report
w ere on file in the Town Clerk ' s office for public inspection and
specifying the 19th day of November , . 1986 , at 7 o ' clock , p . m . ,
Prevailing Time , and the Town Hall , 65 East "lain Street , in Dryden ,
New York , in said Town , as the time when and the place where said
Town Board would meet for the purpose of holding a public hearing to
consider the establishment of said proposed water district and said
map , plan and report filed in relation thereto and to hear all
persons interested in the subject thereof . concerning the same ; and
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WHEREAS , said order was duly published and posted in the manner
• and within the time prescribed by Section 209 - d of the Town . Law , and
proof of publication and posting has been duly presented to said Town
Board ; and
WHEREAS , said public hearing was duly held at the time and place
in said order as aforesaid , at which all persons desiring to be heard
were duly heard ; , and
WHEREAS , said Town Board thereafter determined that it was in the
public interest to decrease the boundaries of said proposed water
: district , and. , by Order dated November 26 , 1986 , said Town Board
called a new public hearing to consider said map , plan and report ,
the establishment of said proposed water district with boundaries
decreased from that previously proposed , reciting a description of
such new boundaries of said proposed water district , the improvements
proposed , the maximum amount proposed to be expended for said
improvements , the proposed method of financing to be employed , the
fact that said map ,, plan and report were on file in the Town Clerk ' s
office for public inspection and specifying the 9th day of December ,
1986 , at 7 : 30 o ' clock P . M . , Prevailing Time , at the Town Hall , 65
East Main Street , Dryden , New York , for the purpose of holding a new
public hearing to consider the establishment of such proposed water
district of said Town as described in the Preambles hereof , and to
hear all persons interested in the subject thereof concerning the
same ; and
wHEREAS , said order was duly published and posted in the manner
and within the time prescribed by Section 209 - d of the Town Law , and
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proof of publication and posting has been duly presented to said Town
IllBoard ; and
WHEREAS , said public hearing was duly held at the time and place
in said order as aforesaid , at which all persons desiring to be heard
were duly heard ; and •
WHEREAS , following said public hearing and based upon the
evidence given thereat , said Town Board duly adopted a resolution
determining in the affirmative all of the questions set forth in
subdivision l ' of Section 209 - e of the Town Law ; and .
WHEREAS , on January 2 , 1987 , said Town Board adopted a resolution
approving the establishment cf the Monkey Run Water District ( 2 ) and
approving the construction of improvements proposed therefor ,
pursuant to subdivision 3 of Section 209 - e of the Town Law ; and
4HEREAS , such resolution was subject to permissive referendum ; and
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`iHE3EAS , through inadvertence , the Ithaca Journal published the
notice of adoption and provided that the maximum estimated cost of
the improvements for the Monkey Run Water District ( 2 ) was $ 68 , 000
rather than $ 680 , 000 , thereby casting into doubt the validity of such
January 2 , 1987 resolution ; and
WHEREAS , it is now desired to readopt such resolution pursuant to
subdivision 3 of Section 209 - e of the Town Law approving the
establishment of said proposed water district and the acquisition of
the improvements proposed ; NOW , T '? FREFORE , BE TT
RESOLVED , by the Town Board of the Town of Dryden , Tompkins
County , New YorK , as follows :
Section 1 . The establishment of a proposed water district in the
Town of Dryden , Tompkins County , New York , to be known as the Monkey
Run Water District ( 2 ) in the Town of Dryden , Tompkins County , New
York , to be bounded . and described as hereafter set forth , and the
purchase and installation of approximately 13 , 000 linear feet of 12
inch water main , together with pump stations , gate valves , necessary
appurtenances and land and rights in land , substantially in
accordance with the map , plan and report hereinabove described , at a
maximum estimated cost of S680 , 000 , with the method of financing to
be employed consisting of the issuance of serial bonds of said Town
maturing in annual installments over a period not exceeding forty
years , such bonds to be payable from assessments levied upon and
collected from the several lots and parcels of land deemed bendfited
from said improvements , so much upon and from each as shall be in
• just proportion to the amount of the benefit which the improvements
1 shall confer upon the same , is hereby approved .
Section 2 . Said proposed water district shall be bounded and
described as follows :
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ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Dryden , County of Tompkins and State of New York , bounded
and described as follows :
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BEGINNING at a point in the centerline of - New - York State
Route 13 , said point or place of beginning being located at
the intersection of said centerline with the east line of
premises now or formerly of New York State Electric and Gas
Corporation extended in a northerly direction to form such
intersection ( said New York State Electric and Gas
Corporation premises being identified as Town of Dryden Tax
Map Parcel 52 - 1 - 13 ) ; proceeding thence and . along the
centerline of New York State Route 13 in a southeasterly and
then northwesterly direction to a
point in said centerline
where the same is intersected by
the centerline of Hanshaw
Road ( this point being in the common division line between
Military 41 on the West and Military Lot 42 on the East ) ;
proceeding thence south along said common division line
between the Military Lots and the centerline of Hanshaw Road
for a distance of 1 , 260 • feet + / - to a point in the
centerline of Hanshaw Road at the northwest corner of
premises reputedly of Spinella ( 43 - 2 - 4 ) ; proceeding thence
east and along the north line of said Spinella premises for
a distance of 240 feet + / - to the northeast corner of said
Spinella premises ; proceeding thence south for a distance of
350 feet + / - to a point in the east line of
premises
reputedly of Kailburn ( 43 - 2 - 6 ) and at the northwest corner
. of premises reputedly of Grant ( 43 - 2 - 8 ) ; proceeding thence
ce
east and along the north line of said Grant premises for a
distance of 135 feet • + / - ; proceeding thence south and along
the east line of said Grant premises for a distance of 25
feet + / - ; proceeding thence east for a distance of 1 , 150
feet + / - to the northeast corner of premises reputedly of
Dunn ( 42 - 1 - 35 . 1 ) ; proceeding thence south for a distance of
240 feet . + / - to a point in the centerline of Lower Creek
Road ; proceeding thence west and along said centerline . of
Lower Creek Road for a distance of 25 feet + / - to the
northeast corner of premises of Hayes ( 53 - 1 - 15 ) ; proceeding
thence south along said east line of said Hayes for a
distance of 203 feet + / - to the southeast corner thereof ;
• proceeding thence generally southeasterly for
Y a distance of
3 , 000 feet + / - to the northeast comer of premises now or
formerly cf Kellogg ( 53 - 1 - 19 ) ; proceeding thence south and
along the east line of said Kellogg for a distance of 775
feet + / - to a point in the centerline of New York State
Route 366 ; proceeding thence generally northeasterly and
along said centerline for a distance of 2 , 110 feet + / - to a
point opposite the northwest corner of premises now or
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formerly cf Challenge Industries , Inc . ( 52 - 1 - 14 ) ; proceeding
thence southeasterly to said northwest corner and continuing
southeasterly along the west line of said Challenge
Industries , Inc . to the southwest ' corner thereofv proceeding
thence generally easterly for . a distance of 192 feet + / - to
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a point , in the west line of premises of New York State
Electric and Gas Corporation ( 52 - 1 - 13 ) ; proceeding thence
• south and along the west line of New York State Electric and
Gas Corporation for a distance of 798 feet + / - to the
southwest corner thereof ; proceeding ' thence easterly and
along the south line of New York State Electric and Gas
Corporation for a distance of 1 , 230 feet to the southeast
corner thereof ; proceeding thence north and along the east
line of New York State Electric and Gas Corporation for a
distance of 1 , 210 feet + / - to a point ; proceeding thence
west for a distance of 100 feet . + / - to a point ; proceeding
thence north and along the east line of said New York State
Electric and Gas Corporation for a distance of 750 feet +/ -
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to the point or place of beginning .
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ALSO ALL THAT OTHER TRACT OR PARCEL OP LAN situate in the
Town of Dryden , County of Tompkins and State of New York ,
bounded and described as follows :
BEGINNING at a point in the centerline of Monkey Run Road ,
said point or place of beginning being located at the
intersection of said centerline - with the south line of the
right of way line of the former Lehigh Valley Railroad
property ; proceeding thence north and along said centerline
of Monkey Run Road for a distance of approximately 150 feet
to a point in said centerline and marking the northeast
corner of Tax Map Parcel 55 - 1 - 1 ; proceeding thence westerly
and along the north line of said Tax Map Parcel for a
• distance of approximately 830 feet + / - to the northwest
corner thereof ; proceeding thence north and along the
division line between Military Lot 52 on the east and
Military Lot 51 on the west for a distance of approximately
50 feet to a corner of premises now or formerly of Cornell
University ( 53 - 1 - 9 . 2 ) ; proceeding thence west ; northwest ;
northeast and westerly along the boundaries of said Tax Map
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Parcel 53 - 1 - 9 . 2 to the west line thereof ; proceeding thence
south ; southeast - and southwesterly to the line of Town of
Dryden Water District No . 1 and to a point marking the
southernmost corner of lands of Cornell University ( 53 - 1 - 8 ) ;
proceeding thence easterly , . southwesterly and southeasterly
and along the line of Town of Dryden Sewer District $ 2 and
• Town of Dryden Water District # 1 to a point in the northwest
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line . of New York State Route 366 ; proceeding `
4 thence
northeasterly and along said northwest line of New York
State Route 366 to a point of intersection of said north
line and the northwest boundary of lands formerly of Lehigh
Valley Railroad ( and along the lines of Town of Dryden Water
District # 1 and Town of Dryden Sewer . District # 2 ) ;
proceeding thence generally northeasterly and along the
northwest line of New York State Route 366 for a distance of
125 feet + / - to a point where the northeast line of lands
formerly of the Lehigh Valley Railroad intersect the
northwest line of New York State Route 366 ; proceeding
thence easterly and northeeasterly and along the south and
southeasterly lines of lands formerly of the Lehigh Valley
Railroad to the point or place of beginning .
Wherever reference is made to a Town of Dryden Tax Map
Parcel , said par : el number . was taken from the Tax Maps last
revised March 1 , 1986 and information pertaining to the
reputed owners of parcels was taken from the 1986 • Final
Assessment Roll for the Town of Dryden .
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Section 3 . The Town Clerk shall , within ten ( 10 ) days after this
• resolution shall take effect ; file certified copies of this
✓ esolution in duplicate in the office of the State Department of
Audit and Control at Albany , New York , together with an application
by this Board in duplicate for permission to establish such water
district as provided for by Section 209 -tf of the Town Law of the
State of New York ; and that such application shall be executed by and
o n behalf of the Town Board by the Supervisor of the Town .
Section 4 . this . resolution is adopted subject to permissive
✓ eferendum . .
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The question of the adoption of the foregoing resolution was . duly
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put to a vote on roll call , which resulted as follows :
• Clinton E Co.tterll VOTING AYE .•
Karl Garlock VOTING AYE
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Merton Webb VOTING AYE •
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George Schlecht VOTING AYE -
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VOTING• - -
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The resolution was thereupon declared duly adopted . :.
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410 STATE OF NEW YORK )
ss . :
COUNTY OF TOMPKINS )
I , the undersigned Clerk of the Town of Dryden , Tompkins County ,
New York , DO HEREBY CERTIFY :
That I have compared the foregoing copy of the minutes of the
meeting of the members of the Town Board of said Town , including the
resolutions contained therein , held on the 19th day of February , with
t he originals thereof on file in my office , and that the same are
true and correct copies of said originals and of the whole of said
o riginals so far as the same relate to the subject matters therein
✓ eferred to .
I FURTHER CERTIFY that all members of said Roard had due notice
of said meeting and that , pursuant to Section 99 of the Public
Officers Law ( Open Meetings Law ) , said meeting was open to the
general public and that I duly caused a public notice of the time and
place of said meeting to be . given to the following newspapers and / or
other news media as follows :
Newspapers andLor other news media Date given
The Ithaca Journal February 17 , 1987
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• • and that I further duly caused public notice of the time and place of
said meeting to be conspicuously posted in the following designated
public location ( s ) On the following dates :
Designated Location ( s )
of posted notice Date of posting
Town Signboard
Town Hall Vegtibule February 17 , 1987
65 East Main Street
I Dryden , New York 13053
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the
seal of said Town this 19th day of February , 1987 .
f
Town Clerk
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