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HomeMy WebLinkAbout2014-05352 •:2�:,•JOYit IIII III IIIVIIII IIIVIIIVIIIVIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIIIIIIIII Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk TOWN OF ITHACA Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: MISC Receipt Number: 14-61605 Party 1 Party 2 TOWN OF ITHACA Fees Recording Fee $0.00 Instrument #: 2014-05352 Pages Fee $0.00 State Surcharge $0.00 Total Fees Paid: $0.00 State of New York County of Tompkins Filed on May 15th, 2014 at 12:39:37 PM with a total page count of 10. 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 Do Not Detach 2014-05352 05/15/2014 12:39:37 PM TOWN OF ITHACA LEGAL NOTICE OF ESTOPPEL The bond resolution,a summary of which is published herewith, has been adopted on April 7, 2014, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Ithaca, Tompkins County, New York, is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. Such resolution was subject to permissive referendum. The period of time has elapsed for the submission and filing of a petition for a permissive referendum,and a valid petition has not been submitted and filed in connection with such resolution. A complete copy of the resolution summarized herewith is available for public inspection during regular business hours at the Office of the Town Clerk for a period of twenty days from the date of publication of this Notice. Dated: Ithaca, New York, May 15, 2014 Paulette Terwilliger Town Clerk BOND RESOLUTION DATED April 7, 2014 A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE CHRISTOPHER CIRLCE TANKWATER IMPROVEMENT IN AND FOR THE TOWN OF ITHACA,TOMPKINS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $850,000.00,AND AUTHORIZING THE ISSUANCE OF $850,000.00 BONDS OF SAID TOWN TO PAY THE COST THEREOF. Specific object or purpose: Replace Water Tank at Christopher Circle Period of probable usefulness: 40, subject to permissive referendum Amount of obligations to be issued: $850,000.00 bonds. SEQRA status: Type 11 Action 2014-05352 05/15/2014 12:39:37 PM TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Terwilliger, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: O �DVERTISEMENT @'NOTICE OF PUBLIC HEARINGS O NOTICE OF ESTOPPEL O NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Town of Ithaca Christopher Circle Water Tank Water Improvement And Establishing the Town of Ithaca Christopher Circle Water Tank Water Improvement Area _nKee n at n 26 or Town of Ithaca b Location of Sign Board Used for Posting: govt Public Hearing Notice $ A public hearing will be held +2. of the p Town Clerk's Office 1. to Ithaca Tolwn ing 8 ar acrd on April 3, s to 7. 2014 at 215 N. Tinge 4, 215 North Tioga Street Fin-St.,Ithaca;NY beginning atRe- _ Ithaca NY 14850 hen Tow f It regarding the , !hen Town of Ithaca Christopher I at Circle Water Tank Water Improvement, and estab- Date of Posting: 3/28/2014 Web and Board _lishing the Town of Ithaca N Christopher Tank Water Im- Date of Publication: 3/27/2014 provement Areaeto permissive reefefe rennddumum at C such time and place all per-T fld sone Interested in the pro- h posed project may be L re- heard concerning the same. t P. Information available from l 'ge the Town Clerks Office. at Paulette Terwilliger f 3 i Town Clerk Paulette Terwilliger a 3.27.2014 Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this c� -- day of 2013. ota Public Debra DeAugistine Notary Public•State of New York No.01DE6148035 Qualified in Tompkins county My Commission Expires June 19,20 2014-05352 05/15/2014 12:39:37 PM MEETING OF THE ITHACA TOWN BOARD 215 N. Tioga Street, Ithaca, NY, Tompkins County April 7, 2014 at 5:30 p.m. prevailing time TB Resolution No. 2014 - 049: PUBLIC INTEREST ORDER In the Matter of a Proposed Water 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 Christopher Circle Water Tank Water Improvement, and establishing the Christopher Circle Water Tank Water Improvement Area Present: Bill Goodman, Deputy Town Supervisor; Board Members Pat Leary, Eric Levine, Tee Ann Hunter, Rich DePaolo and Rod Howe Absent: Herb Engman, Supervisor Motion made by Rich DePaolo, Seconded by Rod Howe 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 establishment and construction, pursuant to Article 12-C of the Town Law, of water system improvements to be known and identified as the Town of Ithaca Christopher Circle Water Tank Water Improvement, and hereinafter also referred to as the "Improvement," to provide such water Improvement including extensions, to the present Town water improvement, such water system Improvement to be constructed and owned by the Town of Ithaca; to serve a benefitted area in said Town to be known as the Town of Ithaca Christopher Circle Water Tank Water Improvement Area, and hereinafter also referred to as the "Water Improvement Area"; 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 March 24, 2014, 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 7`h day of April, 2014 at 5:30 PM 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 Page 1 of 3 2014-05352 05/15/2014 12:39:37 PM WHEREAS, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and WHEREAS, at its regular meeting on April 7, 2014, , 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 "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site," 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 Christopher Circle Water Tank Water Improvement as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca Christopher Circle Water Tank Water Improvement 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 Improvement proposed in connection with the establishment of the Water Improvement Area consists of replacing an existing 500,000 gallon steel water tank with a 500,000 gallon steel glass-lined water tank on the same site located on Christopher Lane, pump improvements and other related ancillary facilities, at an initially determined maximum estimated cost to said Water Improvement Area of$850,000, and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Christopher Circle Water Tank Water Improvement 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 Christopher Circle Water Tank Water Improvement 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 $850,000, which shall be financed as follows: at the Page 2 of 3 2014-05352 05/15/2014 12:39:37 PM option of the Town, by temporary financing under use of available reserves or a bond anticipation note, and upon maturity of the bond anticipation note, the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed 40 years, such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Water Improvement 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, it is hereby determined that the estimated expense of the aforesaid Improvement does not exceed 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(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such Improvement, 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: DePaolo, aye; Howe, aye; Hunter, aye; Goodman, aye; Leary, aye and Levine, aye The Order 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, do eby certify that the above resolution is an exact copy of the same adopted by the Ithaca Town Boa Ith ca t a meeting on the 7`h day of April,2014. SEAL Paulette Terwilliger,Town Clerk Page 3 of 3 2014-05352 05/15/2014 12:39:37 PM TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Terwilliger, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: 0 ADVERTISEMENT O NOTICE OF PUBLIC HEARINGS O NOTICE OF ESTOPPEL IMNOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Christopher Circle Water Tank Water Impromement Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of Posting: 4/10/2014 Date of Publication: 4/11/2014 Paulette Terwilliger Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this / -- day of 2014. ry Public Debra DeAugistine Notary Public-State of New York No.01DE6148035 Oualified in Tompkins county l My Commission Expires June 19,26 2014-05352 05/15/2014 12:39:37 PM ig d- Town of Ithaca rid Notice of Adoption :al Water Tank Water Improve-otherwise auf8clant. which when so recorded, :al TB Resolution No. 2014. of-.ment,and establishing the(2)That all of the property shah be presumptive evl- rid 049:PUBLIC INTEREST he Christopher Circle;Water within the'proposed bene-dente of the regularity of 1 he ORDER In the Matter of a a-TaAk Water Improvement fited area is benefited by the proceedings and action t aid Proposed Water Improve. y-Area the proposed Improvement. taken by the Town Board in as ment in the Town of Ithaca, 3s Present: Bill Goodman, (3)That all of the property relation to the aforesaid Im- f he Tompkins County, New n-Deputy Town Supervisor; benefited is included within provement. i he York, pursuant to Article m Board Members Pat Leary, theproposed benefited The question of the adop- he 12-C of the Town Law,to )e Eric Levine,Tee Ann Hunt. area. tion of the foregoing Order c :e, be known as the Town of ty er, Rich DePaolo and Rod (4) That the proposed was duly put to a vote on c Sal Ithaca Christopher Circle is Howe Absent: Herb method of apportioning the roil call,which resulted as p is Engman, Supervisor Mo-costs of the Improvement follows: DePaolo, aye:v le tion made by Rich DePaolo, should not be changed. Howe, aye; Hunter; aye; a-Seconded by Rod Howe (5)It is in the public inter. Goodman,aye: Leary,aye'F g-WHEREAS, a plan, report est to authorize, establish, and Levine.aye F 3-and map,including an esti-and make the Town of Itha-The Order was thereupon fi 3r mate of cost, have been ca Christopher Circle Wa- declared duly adoptlld. E r- duly prepared in such man- ter Tank Water Improve-4/11/2014 t-ner and in such detail as ment as hereinafter descri- - n 31 has heretofore been deter-bed,and be it ,, mined by the Town Board FURTHER RESOLVED, if of the Town of Ithaca, that the Town Board does 31 Tompkins County. New hereby approve, authorize I In York,relating to the estab.and establish the Town of I t- lishment and construction, Ithaca Christopher Circle I h pursuant to Article 12-C of Water Tank Water Improve- r- the Town Law, of water ment in the area of the I- system improvements to Town described as follows n be known and identified as and as more particularly )1 the Town of Ithaca Christo-shown and described in r-pher Circle Water Tank said plan, report and map I J Water Improvement, and presently on file in the of- i I-hereinafter also referred to fice of the Town Clerk: The ` y as the 'Improvement,' to Improvement proposed in 31 provide such water Im-connection with the estab- E r-provement including extern-lishment of the Water Im.F 11 sions,to the present Town provement Area consists of t water improvement, such replacing an existing r-water system Improvement 500,000 gallon steel water )f to be constructed and tank with a 500,000 gallon f owned by the Town of Itha- steel glass-lined water tank c e ca; to serve a benefitted on the same site located on c e area in said Town to be Christopher Lane, pump I 1. known as the Town of Itha-improvements and other re- r t- ca Christopher Circle Wa- lated ancillary facilities. at r rid ter Tank Water Improve.an initially determined maxi- 0 ment Area,and hereinafter mum estimated cost to said v, also referred to as the Water Improvement Area f 'Water Improvement Area'; of$850,000,and be it f is and FURTHER RESOLVED, c ly WHEREAS,after said plan, that the area hereby deter- t Is report and map, including mined to be benefited by' )y estimate of cost,were pre- said Town of Ithaca Chris- r u- pared by a competent engi-topher Circle Water Tank ' Df neer, duly licensed by the Water Improvement is all of f m state of New York, and that portion of the Town r d. filed in the office of the outside of.the Village of f ie Town Clerk,the said Town Cayuga Heights,and be it I n- Board did, on March 24, FURTHER RESOLVED, ' in 2014,duly adopt an Order that all of the allocable )e reciting the proposed Im-costs of said Improvement I )d provement,a description of shall be bome wholly by t u- the boundaries of the pro- property within the Town of; )n posed benefited area, the Ithaca Christopher Circle I a-maximum amount proposed Water Tank Water Improve- I ry to be expended for the Im- ment Area,being the entire ' s- provement, the proposed area of the Town outside of I h method of apportioning the the Village of Cayuga Is costs of such Improve- Heights,and be it d- ment, the proposed meth-FURTHER RESOLVED, I s.od of financing to be em- that the maximum pro- d ployed,the fact that a plan, posed to be expended by a-map and report describing the Town of Ithaca for the lal the same are on file in the Improvement, including ig Town Clerk's office for pub-costs of rights of way,con-I an lic inspection, and specify- struction costs. legal fees n- ing that said Town Board and other expenses, is w- shall meet at the Town Hall, $850,000,which shall be fi. on 215 North Tioga Street,in nanced as follows: at the ne Ithaca, New York, in said option of the Town,by tem- a-Town, on the 7th day of porary financing under use -e-April,2014 at 5:30 PM Pre- of available reserves or a l ed vailing Time,for the purpos- bond anticipation note,and )n-es'of conducting a public upon maturity of the bond ct- hearing on such proposal to anticipation note, the issu. ' at- provide said Improvement, ante of serial bonds of said or and to hear all persons in- Town of Ithaca to mature in re- terested in the subject annual installments over a .nt thereof concerning the period not to exceed 40 or same,and years, such bonds to be in. WHEREAS,copies of said paid from assessments lev. city Order were duly published ied upon and collected from an-and posted according to the several lots and parcels be law, and said Town Board of land in said Water lm- '- _ did, at the time and place provement Area which are . .5 au- specified in said Order,du-deerped benefited by said t or ly meet and consider such Improvement, so much f ;aid proposal and held a public upon and from each as I to hearing in which it heard all shall be in just proportion` persons interested in the to the amount of the bene law subject thereof, who ap- fit which the Improvement lied peared at such time and shall confer upon the same, ica- place, concerning the and be it are same,and FURTHER RESOLVED. lied WHEREAS, the Town that this Order is subject to r I or Board now desires to au-a permissive referendum in uch thorize the Improvement the manner provided in 3ith- based on the evidence of.Town Law Article 7 and the fered at such time and Town Law Section 209-q. ` or place,and . and be it r au-WHEREAS, at its regular FURTHER RESOLVED,it is` the meeting on April 7,2014,, hereby determined that the 7 'ork the Town Board has deter- estimated expense of the mined approval, construc-aforesaid Improvement ` olu- tion and implementation of does not exceed one-tenth im- the Improvement are a of one per cent of the full lish- Type II Action pursuant to valuation of the taxable real our- the regulations of the New property in the area of said )per York State Department of Town outside of villages Cher Environmental Conserva-and, therefore, in accord- ` k of tion promulgated pursuant ante with the provisions of I` in to the State Environmental subdivision 13(a) of Sec- pro-Quality Review Act, be. tion 209-q of the Town of cause the Action consti- Law,the permission of the_ tutes'replacement,rehabil-State Comptroller is not re f 20 itation or reconstruction of quired for such Improve. a structure or facility, in ment,and be it kind,on the same site,'and FURTHER RESOLVED, thus approval,construction that pursuant to subdivision and implementation of the 6(d)of Section 209-q of the T Improvement are not sub-Town Law,the Town Clerk c ject to review under is hereby directed and or- r SEQRA; dered to cause a certified a NOW,THEREFORE, BE IT copy of this Order to be du- c RESOLVED, by the Town ly recorded in the Office of I, Board that it be and hereby the Clerk of the County of 1 is determined as follows: Tompkins within ten days i 2014-05352 05/15/2014 12:39:37 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 7`h day of April, 2014, the Town Board of the Town duly adopted a resolution, TB Resolution No. 2014-049, adopting a Public Interest Order authorizing the Town of Ithaca Christopher Circle Water Tank Water Improvement and establishing the Christopher Circle Water Tank Water Improvement Area. 3. Said resolution was subject to a permissive referendum. 4. Within 10 days after the adoption of the resolution 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 resolution 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. (published April 11, 2014) 5. More than 30 days have elapsed since the adoption of said resolution 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. Paulette Terwilliger Town Clerk Sworn to before me this 7`h day of May 2014. 4Ntary Publi Debra DeAugisttne Notary Public-State of New York No.01DE6148035 Oualified in Tompkins County My Commission Expires June 19,20 2014-05352 05/15/2014 12:39:37 PM RECORDING CERTIFICATE STATE OF NEW YORK SS: COUNTY OF TOMPKINS I the undersigned Town Clerk of the Town of Ithaca,Tompkins County New York Do hereby certify That on the 15`h day of May I caused a certified copy of TB Resolution No. 2014-049, a Public Interest Order dated April 7, 2014 a true and exact copy attached hereto,to be duly recorded in the office of the Clerk of Tompkins County New York as provided by Town Law. In Witness whereof I have hereunto set my hand and affixed the seal of the Town on this 15`h day of May, 2013. Paulette Terwilliger,Town Clerk Town Seal