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Home My WebLink About2013-06898 �Q�.1NS C�.► (IIIIIIIII III I II I I II I I I IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk ITHACA TOWN OF Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: TOWN PAPERS Receipt Number: 13-28553 Party 1 Party 2 ITHACA TOWN OF Fees Total Fees Paid: $0.00 Instrument #: 2013-06898 State of New York County of Tompkins Filed on May 28th, 2013 at 4:53:53 PM with a total page count of 5. " e rd"'t- 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 MR Do Not Detach 2013-06898 05/28/2013 04:53:53 PM AFFIDAVIT THAT NO PETITION REQUESTING A REFERENDUM WAS RECEIVED STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: Paulette Terwilliger, being duly sworn, deposes and says: 1. I am the duly elected and acting Town Clerk of the Town of Ithaca, New York(the "Town"). 2. On the 23d day of April, 2012, the Town Board duly adopted a resolution authorizing the reconstruction of the parking lot at the Town Hall building and a resolution authorizing the reconstruction of the of Harris B. Dates Drive 3. Said resolutions were subject to a permissive referendum. 4. Within 10 days after the adoption of the resolutions aforesaid, I did, in the same manner as provided for a notice of special election,post and publish a notice setting forth the date of the adoption of the aforesaid resolutions together with an abstract of such resolution,concisely stating the purpose and effect thereof and that said resolution was adopted subject to a permissive referendum. 5. More than 30 days have elapsed since the adoption of said resolutions and the posting and publication of the aforesaid notice and no petition protesting against such resolution and requesting that it be submitted to the qualified electors of the Town for their approval or disapproval has been filed with the deponent as Town Clerk. Pa ette Terwilliger Town Clerk Sw rn to befaNme this G!day 2012 Notary Pub ' Debra DeAugistine Notary Public-State of New York No.01DE6148035 Qualified in Tompkins county My Commission Expires June 18,20 / 2013-06898 05/28/2013 04:53:53 PM MEETING OF THE ITHACA TOWN BOARD Monday,April 23,2012 TB RESOLUTION NO.2012-084: BOND RESOLUTION (Subiect to Permissive Referendum) In the Matter of the Proposed Reconstruction of Harris B.Dates Drive, in the Town of Ithaca,Tompkins County, New York.pursuant to Town Law and the Local Finance Law. At a study session meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at Town Hall, in Ithaca, New York, on the 23rd day of April, 2012, at 4:30 P.M., Prevailing Time. The meeting was called to order by Herb Engman and upon roll being called, there were PRESENT: Supervisor Herb Engman, Councilpersons Rich DePaolo, Bill Goodman,Tee-Ann Hunter, Patricia Leary, and Eric Levine The following resolution was offered by Pat Leary,who moved its adoption, seconded by Eric Levine, to-wit: A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM,THE RECONSTRUCTION OF HARRIS B. DATES DRIVE IN AND FOR THE TOWN OF ITHACA,TOMPKINS COUNTY, NEW YORK,AT A MAXIMUM ESTIMATED COST OF$400,000,AND AUTHORIZING THE ISSUANCE OF$400,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, the capital project hereinafter described has been determined to be 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, the implementation of which as proposed, said regulation provides will not result in any significant adverse environmental effects; and WHEREAS, it is now desired to authorize the financing thereof; NOW,THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. The reconstruction of Harris B. Dates Drive in and for the Town of Ithaca, Tompkins County, New York, including curbing, landscaping and other right-of-way improvements and other incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of$400,000. 1 2013-06898 05/28/2013 04:53:53 PM Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of not exceeding$400,000 bonds of said Town,hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years,pursuant to subdivision 20(c)of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, the chief fiscal officer. Such notes shall be of such terms,form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates,within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 2 2013-06898 05/28/2013 04:53:53 PM 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. This resolution is adopted subject to Permissive Referendum. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Ayes: Engman, Goodman, Leary, Levine, Hunter and DePaolo The resolution was thereupon declared duly adopted. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I,Paulette Terwilliger Town Clerk of the Town of Ithaca,New York,do hereby certify that the above resolution is an exact copy of the same adopted by the Town Board of the Town of Ithaca at a Meeting on the 23rd day of April, 2012. At * Paulette Terwil iger, Town Clerk 3