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Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: MISC Receipt Number: 13-19856
Party 1 Party 2
ITHACA TOWN BOARD
Fees
Instrument #: 2013-02957
Total Fees Paid: $0.00
State of New York
County of Tompkins
Filed on February 4th, 2013 at 8:42:40 AM
with a total page count of 4.
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Tompkins County Clerk
This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York
AC Do Not Detach
2013-02957 02/04/2013 08:42:40 AM
Year-End Meeting of the Ithaca Town Board
Friday, December 28, 2012 at 10:00 a.m.
TB Resolution No. 2012-221: Adoption of a Public Interest Order regarding a
Sewer Improvement in the Town of Ithaca,Tompkins County, New York, pursuant to
Article 12-C of the Town Law, to be known as the Town of Ithaca Septage Receiving
Facility Renovation Sewer Improvement at the Ithaca Area Wastewater Treatment
Facility
PRESENT: Herb Engman, Bill Goodman, Tee-Ann Hunter, Eric Levine, and Rich
DePaolo Absent: Pat Leary
WHEREAS, a plan, report and map, including an estimate of cost, have been duly
prepared in such manner and in such detail as has heretofore been determined by the
Town Board of the Town of Ithaca, Tompkins County,New York, relating to the creation
and construction, pursuant to Article 12-C of the Town Law, of sewer system
improvements to be known and identified as the Town of Ithaca Septage Receiving
Facility Renovation Sewer Improvement at the Ithaca Area Wastewater Treatment Facility,
and hereinafter also referred to as the "Improvement," to provide such sewer
Improvement including extensions, to the present Town sewer improvement, such sewer
system Improvement to be constructed and owned by the Town of Ithaca, and
WHEREAS, after said plan, report and map, including estimate of cost, were
prepared by a competent engineer, duly licensed by the state of New York, and filed in
the office of the Town Clerk, the said Town Board did, on December 13, 2012, duly
adopt an Order reciting the proposed Improvement, a description of the boundaries of the
proposed benefited area, the maximum amount proposed to be expended for the
Improvement, the proposed method of apportioning the costs of such Improvement, the
proposed method of financing to be employed, the fact that a plan, map and report
describing the same are on file in the Town Clerk's office for public inspection, and
specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in
Ithaca,New York, in said Town, on the 28`h day of December, 2012 at 10:00 A.M.
Prevailing Time, for the purposes of conducting a public hearing on such proposal to
provide said Improvement, and to hear all persons interested in the subject thereof
concerning the same, and
WHEREAS, copies of said Order were duly published and posted according to
law, and said Town Board did, at the time and place specified in said Order, duly meet
and consider such proposal and held a public hearing in which it heard all persons
interested in the subject thereof, who appeared at such time and place, concerning the
same, and
WHEREAS, the Town Board now desires to authorize the Improvement based on
the evidence offered at such time and place, and
WHEREAS, the Town Board has determined approval, construction and
implementation of the Improvement are a Type II Action pursuant to the regulations of
the New York State Department of Environmental Conservation promulgated pursuant to
the State Environmental Quality Review Act, because the Action constitutes
"construction or expansion of a primary or accessory/appurtenant, non-residential
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2013-02957 02/04/2013 08:42:40 AM
structure or facility involving less than 4,000 square feet of gross floor area and not
involving a change in zoning or a use variance and consistent with local land use
controls, but not radio communication or microwave transmission facilities," and thus
approval, construction and implementation of the Improvement are not subject to review
under SEQRA;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and
hereby is determined as follows:
(1) The notice of hearing was published and posted as required by law and is
otherwise sufficient.
(2) That all of the property within the proposed benefited area is benefited by the
proposed Improvement.
(3) That all of the property benefited is included within the proposed benefited
area.
(4) That the proposed method of apportioning the costs of the Improvement
should not be changed.
(5) It is in the public interest to authorize, establish, and make the Town of Ithaca
Septage Receiving Facility Renovation Sewer Improvement at the Ithaca Area Wastewater
Treatment Facility as hereinafter described, and be it
FURTHER RESOLVED, that the Town Board does hereby approve,
authorize and establish the Town of Ithaca Septage Receiving Facility Renovation Sewer
Improvement at the Ithaca Area Wastewater Treatment Facility in the area of the Town
described as follows and as more particularly shown and described in said plan, report
and map presently on file in the office of the Town Clerk: The Septage Receiving
Facility Renovation will add a new underground storage tank, new food waste collection
tanks and renovate existing tanks, together with related ancillary facilities, at the Ithaca
Area Wastewater Treatment Facility located at 525 Third Street in the City of Ithaca.
This project will include better screening and mixing systems to aid in the treatment of
septage tank waste and other trucked-in waste, and be it
FURTHER RESOLVED, that the area hereby determined to be benefited by said
Town of Ithaca Septage Receiving Facility Renovation Sewer Improvement at the Ithaca
Area Wastewater Treatment Facility is all of that portion of the Town outside of the
Village of Cayuga Heights, and be it
FURTHER RESOLVED, that all of the allocable costs of said Improvement shall
be borne wholly by property within the Town of Ithaca sewer improvement benefited
area, being the entire area of the Town outside of the Village of Cayuga Heights, and be
it
FURTHER RESOLVED, that the maximum proposed to be expended by the
Town of Ithaca for the Improvement, including costs of rights of way, construction costs,
legal fees and other expenses, is $ 1,258,071.78, which shall be financed as follows:
Ithaca Area Wastewater Treatment Facility co-owner City of Ithaca will issue bonds to
pay for the City of Ithaca's share of septage receiving facility improvements at the
Facility as well as for the Town of Ithaca's Improvement. The Town of Ithaca will not
co-issue or be liable on the bonds. The Town of Ithaca will reimburse the City of Ithaca
through a contract between the City of Ithaca and the Town of Ithaca. The Town of
Ithaca's contractual payments to the City of Ithaca will be paid from assessments levied
upon and collected from the several lots and parcels of land in said Town of Ithaca sewer
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system benefited area which are deemed benefited by said Improvement, 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, and be it
FURTHER RESOLVED, that this Order is subject to a permissive referendum in
the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it
FURTHER RESOLVED, that the permission of the State Comptroller is not
required because the Town of Ithaca does not propose to finance the cost of the
Improvement by the issuance of bonds, notes, certificates, or other evidences of
indebtedness of the Town, and be it
FURTHER RESOLVED, that pursuant to subdivision 6(d) of Section 209-q of
the Town Law,the Town Clerk is hereby directed and ordered to cause a certified copy
of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins
within ten days of the date this Order becomes effective pursuant to Town Law Section
91, which when so recorded, shall be presumptive evidence of the regularity of the
proceedings and action taken by the Town Board in relation to the aforesaid
improvement.
The question of the adoption of the foregoing Order was duly put to a vote on roll call,
which resulted as follows: Herb Engman, aye; Bill Goodman, aye; Tee-Ann Hunter, aye;
Eric Levine, aye and Rich DePaolo, aye Absent: Pat Leary
The Order was thereupon declared duly adopted.
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