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HomeMy WebLinkAboutMN-CC-1987-02-2416'7 PROCEEDINGS COMMON COUNCIL /TOWN OF ITHACA Special Meeting 5:00 P.M. February 24, 1987 PRESENT: Mayor Gutenberger Alderpersons (9) - Booth, Cummings, Dennis, Haine, Hoffman, Killeen, Lytel, Romanowski, Schlather ABSENT: Alderperson (1) - Peterson (notified Clerk's Office 2/20/87 unable to attend) OTHERS PRESENT: Town of Ithaca Supervisor - Desch Town Attorney - Barney Town Board Members - McPeak, Howell, Bartholf, Raffensperger, Cramer, Leary City Clerk - Paolangeli City Attorney - Nash Town of Ithaca Clerk - Swartwood Schlather arrived at meeting at 5:20 p.m. (D P. Leary arrived at meeting at 5:25 p.m. Killeen arrived at meeting at 5:35 p.m. M Haine arrived at meeting at S:4S p.m. Q PLEDGE OF ALLEGIANCE: Supervisor Desch led all present in the Pledge of Allegiance to the American flag. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider Local Law to Annex Youth Bureau Property Supervisor Desch declared the Public Hearing open at 5:00 p.m. No one appeared to speak to the hearing. Supervisor Desch declared the Public Hearing closed at 5:02 p.m. AGREEMENT BETWEEN THE CITY OF ITHACA AND THE TOWN OF ITHACA RELATING TO THE PROPERTIES BEING ANNEXED TO THE CITY AND THE TOWN THIS AGREEMENT is made as of February 24, 1987 between the CITY OF ITHACA, an incorporated municipality of the State of New York, and the TOWN OF ITHACA, a municipal subdivision of the State of New York as follows: WHEREAS, it is contemplated that certain properties identified on the map entitled "Map Showing Properties To Be Annexed to Town of Ithaca and Properties To Be Annexed to City of Ithaca ", dated February 2, 1987, made by T.G. Miller Associates, P.C. as property "Now in Town to be annexed to City" and occupied by the City of Ithaca Youth Bureau to be annexed from the Town of Ithaca to the City of Ithaca, and WHEREAS, the property shown on such map consisting of property owned by Conrail Corp. and several private owners identified on said map as property "Now in City to be annexed to Town" is contemplated to be annexed by the Town from the City of Ithaca, and WHEREAS, Article 17 of the General Municipal Law makes certain provisions for assumption of debt and related matters unless different arrangements are provided in an agreement between the municipalities, and WHEREAS, the City and Town wish to make different arrangements than those provided for in Section 708; 168 -2- February 24, 1987 NOW, THEREFORE, in consideration of the premises and the process of mutual annexation as contemplated by this agreement, it is hereby agreed between said municipalities as follows: 1. There shall be no apportionment of any indebtedness or any other contract or other liabilities presently owed by the Town on any of the property being annexed to the City, and said property, once so annexed, shall be free from any charges for any of the Town's indebtedness, contract or other liability, none of which are being assumed by the City in connection with such annexation. 2. There shall be no apportionment of.any indebtedness or any other contract or other liabilities presently owed by the City on any of the property being annexed to the Town, and said property, once so annexed, shall be free from any charges for any of the City's indebtedness, contract or other liability, none of which are being assumed by the Town in connection with such annexation. 3. This agreement shall not affect the contract liability of the area of either municipality under any obligation or contract entered into prior to the effective date of such annexation, but the municipality annexing territory shall not be compelled to pay any portion of the debt service with respect to the premises being annexed except in the event of default in the payment thereof, or interest thereon, by the municipality in which such territory was located prior to such annexation. 4. the City shall have no further obligation for any contributions for the costs of the fire protection district in which the property to be annexed by the City was located prior to such annexation. The premises being annexed to the Town shall not be required to pay a fire protection district charge for the year 1987 but thereafter shall be subject to taxation as any other properties in the Town. S. There shall be no apportionment between the municipalities relative to the taxes levied or other charges made against or on account of the territories being annexed for the fiscal year 1987. Commencing January 1, 1988 such properties shall be taxed in the same manner as any other properties in the municipalities to which said properties are now annexed. IN WITNESS WHEREOF, the parties have executed this agreement this 24th day of February 1987. CITY OF ITHACA By: John C. Gutenberger Mayor TOWN OF ITHACA By: Noel Desch Supervisor Supervisor Desch asked the city council to approve the agreement. Marc Carmer, Town of Ithaca Board member asked Supervisor Desch about debt service and Mr. Desch responded. City Atty. Nash spoke regarding services and liabilities. Resolution By A erperson Dennis: Seconded by Alderperson Lytel RESOLVED, That this Council approves the agreement between the City of Ithaca and the Town of Ithaca relating to the properties being annexed to the City and to the Town. 169 -3- February 24, 1987 Discussion followed concerning the map and Town /City Line, notification of property owners on East-Shore Drive, and SEQR. City Atty. Nash and Town Atty. Barney responded. The question of the adoption of the foregoing resolution of agreement was duly put to a vote on roll call, which resulted as follows: Booth Aye Romanowski Aye Cummings Aye Dennis Aye Hoffman Aye Lytel Aye Ayes (6) Nays (0) Carried RESOLUTION, FINDINGS AND ORDER OF COMMON COUNCIL APPROVING PETITION FOR ANNEXATION WHEREAS, a petition, pursuant to Article 17 of the General LD Municipal Law, was presented to the Common Council of the City of Ithaca on February 9, 1987, for the annexation of certain territory in the City of Ithaca to the Town of Ithaca, Q said territory being described in said petition which is annexed hereto as E:;hib it. A, and WHEREAS, a joint hearing of the Town Board of the Town of Ithaca and the City Council of the City of Ithaca was duly held on said petition for annexation, according to the law in such cases made and provided, at City Hall, City of Ithaca, 108 East Green Street, on March 4, 1987, at which time all parties interested in the matter were heard and all objections presented, and WHEREAS, the Common Council of the City of Ithaca has duly considered said petition and the evidence presented at said hearing; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca finds as follows: 1. That the aforesaid petition for annexation substantially complies in form and content with Article 17 of the General Municipal Law. 2. That the proposed annexation of certain territory in the City of Ithaca to the Town of Ithaca as described in the aforesaid petition is in the overall public interest in that said properties can more easily be provided water and sewer service by the Town of Ithaca, constitute a strip of land between the Town of Ithaca and Cayuga Lake thereby making it difficult for them to be served with many City facilities, and said properties are of a nature and character more like the Town properties to which they are adjoining rather than City properties. 3. It is in the overall public interest that the charges (400, and assumption of debt be waived in the manner set forth in the agreement between the City of Ithaca and the Town of Ithaca relating to the annexation of these parcels. NOW, THEREFORE, IT IS ORDERED that the consent and approval of the Common Council of the City of Ithaca is hereby given to the annexation of the territory now situated in the City of Ithaca and described in the aforesaid petition (Exhibit A) to the Town of Ithaca, and it is further 1.70 -4- February 24, 1987 ORDERED, That a copy of this order be filed in the Office of the Clerk of the Town of Ithaca and in the Office of the Clerk of the City of Ithaca forthwith; and it is further ORDERED, that a special election be conducted in the manner provided in said Section 713 of the General Municipal Law to determine whether the proposed annexation should be approved, such election to be held within 90 days of the filing of a copy of this order and the concurring order of the Town of Ithaca with the respective clerks of each of said municipalities. Approved by a majority of all of the members of Common Council. Dated March 4, 1987 Supervisor Desch asked the City Council to review and discuss the Resolution, Findings, and Order of Common Council Approving Petition for Annexation. The resolution was prepared in the hopes that it can be adopted and signed on March 4, 1987. Under the provisions of the General Municipal Law it will be necessary for toe City to call a special election within 90 days at which the four people who reside in the district and are eligible to vote may vote. Discussion followed and questions respuaded to by Attorneys Nash and Barney. ENVIRONMENTAL ASSESSMENT By Alderperson Booth: Seconded by Alderperson Lytel RESOLVED, That the City designate the Town of Ithaca lead agency for the environmental review of the annexation from the Town of Ithaca to the City of Ithaca lands presently identified as Town of Ithaca Tax Map Parcels 6- 18 -2 -11 and 6- 18 -3 -1 owned by the City of Ithaca, plus the section of road in the Town presently known as North Cayuga Street, lying between said parcels. Carried Resolution By Town Bd. Member RESOLVED, That the matter, determines have a significant Negative Declarati McPeak: Seconded by 'Town Bd. Member Raffensperger Town of Ithaca, as lead agency in this that the proposed annexation will not effect on the environment and move a on. The question of the adoption of the foregoing resolution of negative declaration was duly put to a vote on roll call, which resulted as follows: Bartholf Aye Cramer Aye Howell Aye Leary Aye McPeak Aye Raffensperger Aye Ayes (6) Nays (0) Carried RESOLUTION AUTHORIZING ANNEXATION OF YOUTH BUREAU PROPERTY TO THE CITY OF ITHACA By Town Bd. Member Bartholf: Seconded by Town Bd. Member McPeak WHEREAS, the City of Ithaca has requested that certain property occupied by the City of Ithaca Youth Bureau, which property is more particurly described on Schedule A to this resolution, be annexed to the City of Ithaca, and ..J 1'71 -S- February 24, 1987 WHEREAS, said property is otherwise uninhabited, and WHEREAS, public notice of the consideration of such annexation has been duly given as required by the General Municipal Law, and WHEREAS, the Town Board of the Town of Ithaca has held a public hearing on such annexation and given such annexation due consideration; now, therefore, be it RESOLVED, That the Town Board of the Town of Ithaca hereby determines that the annexation of the premises described on Schedule A by the City of Ithaca from the Town of Ithaca is in the overall public interest, and it is further RESOLVED, That the Town Board of the Town of Ithaca does hereby consent to the annexation of said lands by the City of Ithaca, and it is further T—i RESOLVED, That the Supervisor of the Town of Ithaca is hereby qq authorized and directed to execute an appropriate consent to such annexation for filing with the governing body of (..o the City of Ithaca. I- M The foregoing resolution was passed by a majority of the Q members of the Town Board, the following members voting in favor of same: PARCEL TO BE ANNEXED TO CITY All that tract or parcel of land, situate in the Town of Ithaca, County of Tompkins, and State of New York, more fully bounded and described as follows: Beginning at the intersection of the present City of Ithaca - Town of Ithaca boundary line, (East street line of former North Cayuga Street) and the North boundary line of NYS route 13, running thence northeasterly along the northerly line of Route 13, a distance of 106 feet, more or less, to a point, thence continuing along the northwesterly line of NYS Route 13, the following distances: Northeasterly a distance of 19S feet, more or less to a point, northeasterly a distance of 253 feet, more of less to (awel a point, northerly a distance of 67 feet, more or less to a point, easterly a distance of 1S feet, more or less to a point in the westerly line of Fast Shore Drive, running thence northerly along the westerly line of East Shore Drive a distance of 165 feet, more or less, to the southerly line of lands now or formerly of Bowman, (Deeds Book 585, Page S94), (Tax Parcel #18- 2 -10), Noel Desch Shirley Raffensperger Henry McPeak Gloria Howell Robert Bartholf Patricia Leary kaw,Marc Cramer PARCEL TO BE ANNEXED TO CITY All that tract or parcel of land, situate in the Town of Ithaca, County of Tompkins, and State of New York, more fully bounded and described as follows: Beginning at the intersection of the present City of Ithaca - Town of Ithaca boundary line, (East street line of former North Cayuga Street) and the North boundary line of NYS route 13, running thence northeasterly along the northerly line of Route 13, a distance of 106 feet, more or less, to a point, thence continuing along the northwesterly line of NYS Route 13, the following distances: Northeasterly a distance of 19S feet, more or less to a point, northeasterly a distance of 253 feet, more of less to (awel a point, northerly a distance of 67 feet, more or less to a point, easterly a distance of 1S feet, more or less to a point in the westerly line of Fast Shore Drive, running thence northerly along the westerly line of East Shore Drive a distance of 165 feet, more or less, to the southerly line of lands now or formerly of Bowman, (Deeds Book 585, Page S94), (Tax Parcel #18- 2 -10), 172 February 24, 1987 running thence westerly, along the southerly boundary of said Bowman parcel a distance of 264 feet, more or less to the southwest corner thereof, running thence northerly, along the west boundary of said Bowman parcel and continuing along the west boundary of lands now or formerly of Wells (Deeds Book 379, Page 410, and Book 466, Page 23) a total distance of 80 feet more or less, to the easterly line of Conrail Corp. (R.O.) FORMERLY Lehigh Valley Railroad, running thence southwesterly, along the southeasterly line of Conrail, a distance of 70 feet, more or less, to the present East line of the City of Ithaca, said point being on extension of the East street line of former North Cayuga Street, running thence southerly along the present City -Town line and in part the Fast line of former North Cayuga Street, a distance of 570 feet more or less, to the point or place of beginning. Comprising an area of 3.60 acres, more or less. The above described premises are more fully shown on "Map Showing Properties to be Annexed to the Town of Ithaca and Properties to be Annexed to City of Ithaca Located at S.E. Corner of Cayuga Lake, City and Town of Ithaca, Tompkins County, NY dated February 2, 1987 by T.G. Miller Associates p.c., Engineers and Surveyors, Ithaca, NY ". CONSENT TO ANNEXATION The Town Board of the Town of Ithaca, New York having been duly convened and having duly given all public notice required herein, and after full consideration of the matter does hereby determine that the annexation of certain lands located in the Town of Ithaca, which lands are owned by the City of Ithaca and presently uninhabited, and which lands are more fully described in the attached proposed Local Law of the City of Ithaca, are in the overall public interest, and the Town Board of the Town of Ithaca, New York does hereby CONSENT to the annexation of said lands. Signed by Jean H. Swartwood, Clerk of the Town Board of the Town of Ithaca and Noel Desch, Supervisor of the Town of Ithaca. The question of the adoption of the foregoing consent to annexation was duly put to a vote on roll call, which resulted as follows: Raffensperger Aye Cramer Aye Howell Aye McPeak Aye Bartholf Aye Leary Aye Carried ADOPTION OF NEGATIVE DECLARATION By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That Common Council adopts the findings contained in the Short Environmental Assessment Form prepared by the Town of Ithaca. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried -7- February 24, 1987 173 ORDER TO ANNEX The Common Council of the City of Ithaca, New York, having been duly convened and having duly given all public notice required herein, and after full consideration of the matter, does hereby make this written order determining to annex certain lands located in the Town of Ithaca, which lands are owned by the City of Ithaca and presently uninhabited, and which lands are more fully described in the attached Local Law of the City of Ithaca, New YorK. Signed by Callista F. Paolangeli, Clerk of the Common Council of the City of Ithaca on February 24, 1987. The question of the adoption of the foregoing Order to Annex the Youth Bureau property to the City of Ithaca was duly put to a vote on roll call, which resulted as follows: Mayor Gutenberger declared the necessity for immediate passage of the Local Law. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That Section 4 entitled Assumption of Debt be added to the Local Law, and that EFFECTIVE DATE be renumbered Section S. LOCAL I.AW NO. OF THE YEAR 1987 CITY OF ITHACA A LOCAL LAW ANNEXING TO THE CITY OF ITHACA A PORTION OF LAND OF THE TOWN OF ITHACA AND AMENDING SECTION 1.2 OF THE CITY CHARTER OF THE CITY OF ITHACA ENTITLED "BOUNDARIES OF THE CITY" AND AMENDING SECTION 1.3 OF THE CITY CHARTER OF THE CITY OF ITHACA ENTITLED "WARD BOUNDARIES ", SUBDIVISION B., WARD V, THEREOF. BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. ANNEXING TO THE CITY OF ITHACA A PORTION OF LAND OF THE TOWN OF ITHACA: All that part of the Town of Ithaca included in the following described territory is hereby annexed to and shall (4000� form a part of, the City of Ithaca: All that tract or parcel of land, situate in the Town of Ithaca, County of Tompkins, and State of New York, more fully bounded and described as follows: Beginning at the intersection of the present City of Ithaca - Town of Ithaca boundary line, (East street line of former North Cayuga Street) and the North boundary line of NYS Route 13, Dennis Aye Booth Aye Hoffman Aye Romanowski Aye Lytel Aye Schlather Aye Cummings Aye Killeen Aye Ayes (8) Nays (0) Carried Q LOCAL LAW NO. OF THE YEAR 1987 City Atty. Nash explained the need for amending the Local Law to include Section 46 ASSUMPTION OF DEBT. Mayor Gutenberger declared the necessity for immediate passage of the Local Law. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That Section 4 entitled Assumption of Debt be added to the Local Law, and that EFFECTIVE DATE be renumbered Section S. LOCAL I.AW NO. OF THE YEAR 1987 CITY OF ITHACA A LOCAL LAW ANNEXING TO THE CITY OF ITHACA A PORTION OF LAND OF THE TOWN OF ITHACA AND AMENDING SECTION 1.2 OF THE CITY CHARTER OF THE CITY OF ITHACA ENTITLED "BOUNDARIES OF THE CITY" AND AMENDING SECTION 1.3 OF THE CITY CHARTER OF THE CITY OF ITHACA ENTITLED "WARD BOUNDARIES ", SUBDIVISION B., WARD V, THEREOF. BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. ANNEXING TO THE CITY OF ITHACA A PORTION OF LAND OF THE TOWN OF ITHACA: All that part of the Town of Ithaca included in the following described territory is hereby annexed to and shall (4000� form a part of, the City of Ithaca: All that tract or parcel of land, situate in the Town of Ithaca, County of Tompkins, and State of New York, more fully bounded and described as follows: Beginning at the intersection of the present City of Ithaca - Town of Ithaca boundary line, (East street line of former North Cayuga Street) and the North boundary line of NYS Route 13, _g_ February 24, 1987 Running thence northeasterly along the northerly line ...of Route 13, a distance of 106 feet, more or less, to a point, Thence continuing along the northwesterly line of NYS Route 13, the following distances: Northeasterly a distance of 195 feet, more or less, to a point, Northeasterly a distance of 253 feet, more or less to a point, Northerly a distance of 67 feet, more or less to a point, Easterly a distance of 15 feet, more or less to a point in the westerly line of East Shore Drive, Running thence northerly along the westerly line of Fast Shore Drive a distance of 165 feet, more or less, to the southerly line of lands now or formerly of Bowman (Deeds Book 585, page 594), (Tax Parcel 918- 2 -10), Running thence westerly, along the southerly boundary of said Bowman parcel a distance of 264 feet, more or less to the southwest corner thereof, Running thence northerly, along the west boundary of said Bowman parcel and continuing along the west boundary of lands now or formerly of Wells (Deeds Book 379, page 410, and Book 466, page 23) a total distance of 80 feet more or less, to the easterly line of Conrail Corp. (R.O.) formerly Lehigh Valley Railroad, Running thence southwesterly, along the southeasterly line of Conrail, a distance of 70 feet, more or less, to the present East line of the City of Ithaca, said point being on extension of the East street line of former North Cayuga Street, Running thence southerly along the present City -Town line and in part the East line of former North Cayuga Street, a distance of 570 feet, more or less, to the point or place of beginning. Comprizing an area of 3.60 acres, more or less. The above described premises are more fully shown on "Map Showing Properties to be Annexed to Town of Ithaca and Properties to be Annexed to City of Ithaca Located at S.E. Corner of Cayuga Lake, City and Town of Ithaca, Tompkins County, NY dated February 2, 1987 by T.G. Miller Associates p.c., Engineers and Surveyors, Ithaca, NY ". SECTION 2. AMENDING SECTION 1.2 OF THE CITY CHARTER OF THE CITY OF ITHACA ENTITLED "BOUNDARIES OF THE CITY "; Section 1.2 of the City Charter of the City of Ithaca entitled "Boundaries of the City" is hereby amended to read as follows: § 1.2 BOUNDARIES OF THE CITY All that part of the County of Tompkins comprised within the following boundaries, namely: Commencing at the southwest corner of DeWitt's location, so called, being the fourteen hundred acres conveyed to him by Abraham Bloodgood by deed dated December first, seventeen hundred and ninety -two; J February 24, 1987 Thence due east along the south line of said location for a distance of seventeen hundred and seventy -five feet, more or less, to the center line of the right -of -way of the Lehigh Valley Railroad Company, formerly the right -of -way of the Delaware, Lackawanna and Western Railroad Company, where said right -of -way adjoins and runs parallel with the right -of -way of the main line of the Lehigh Valley Railroad Company; Thence southwesterly along the center line of said right - of -way to its intersection with the center line of Cayuga Inlet; Thence easterly, southerly and westerly along the center line of said Cayuga Inlet to its intersection with the center line of said right -of -way of the Lehigh Valley Railroad, formerly the right -of -way of the Delaware, Lackawanna and Western Railroad Company; Thence along the center line of said Railroad right -of- way, on a curve to the left, and continuing along said center I' line in a northeasterly direction, to its intersection with jO the south line of DeWitt's location; Thence due east along the south line of DeWitt's location M and its extension, to a point in the east line of South Aurora Street (known in the Town of Ithaca as Danby Road); Thence southerly along said east line of the Danby Road S40 feet more or less to a point on the extension northwesterly of the east 6q�_ line of 133 Coddington Road; Thence southeasterly along said line of 113 Coddington Road and its extension, a distance of 360 feet more or less to a point on the southerly line of Coddington Road, said point being also on the easterly line of the Ithaca College property; Thence southeasterly along said Ithaca College east line a distance of 650 feet more or less to a point; Thence easterly a distance of 630 feet more or less to a point on the line dividing lands now or formerly of Centini- Capalongo on the west from lands now or formerly of Gridley on the east, said points being also S50 feet more or less southerly along said dividing line from the south line of Coddington Road; Thence northeasterly a distance of 59S feet more or less to a point on the east line of Coddington Road, said point being also on the extension southerly of the east line of 72S Hudson Street; Thence northerly along said east line of 72S Hudson Street 14S feet more or less to a point on the south line of Pennsylvania Avenue: Thence northerly SSO feet more or less, to a point on the easterly extension of the south line of the DeWitt's location property, being also located 1SS feet easterly more or less from the east line of Hudson Street measured along the aforesaid south line; Thence due east along the prolongation of the south line of DeWitt's location to a point 3452 feet east of the east line and military lot ninety -four; 175 -10- February 24, 1987 Thence running northeasterly and along the center of the ravine to the southwest line of the right -of -way formerly of the E.C. & N. Railroad; Thence northwesterly and along the southwest line of the E.C. & N. Railroad right -of -way two hundred and sixty feet to the south line of lands of Cornell University; Thence west and along the south line of lands of Cornell University and S. William Barnes a distance of about 1050 feet to a point which is approximately nine hundred and sixty feet north of the southeast corner of the municipality of the City of Ithaca and three thousand four hundred and fifty two feet east of the east line of military lot ninety -four; Thence due north parallel with said east line of lot ninety -four to the north line of military lot ninety -two; Thence west along the north lines of lots ninety -two and ninety -four and these lines produced, to the east boundary of North Cayuga Street; Thance northerly along the east line of said North Cayuga Street produced to a point at the north boundary line of New York State Route 13; Running thence northeasterly along the northerly line of Route 13, a distance of 106 feet, more or less, to a point, Thence continuing along the northwesterly line of NYS Route 13, the following distances: Northeasterly a distance of 195 feet, more or less to • point, Northeasterly a distance of 253 feet, more or less to • point, Northerly a distance of 67 feet, more or less to a point, Easterly a distance of 15 feet, more or less to a point in the westerly line of East Shore Drive, Running thence northerly along the westerly line of East Shore Drive a distance of 165 feet, more or less, to the southerly line of lands now or formerly of Bowman (Deeds Book 585, Page 594), (Tax Parcel #18- 2 -10), Running thence westerly, along the southerly boundary of said Bowman parcel a distance of 264 feet, more or less to the southwest corner thereof, Running thence northerly, along the west boundary of said Bowman parcel and continuing along the west boundary of lands now or formerly of Wells (Deeds Book 379, Page 410, and Book 466, Page 23) a total distance of 80 feet more or less, to the easterly line of Conrail Corp. (R.O.) formerly Lehigh Valley Railroad, Running thence southwesterly, along the southeasterly line of Conrail, a distance of 70 feet, more or less, to the present East line of the City of Ithaca, said point being on extension of the East street line of former North Cayuga Street, Thence northerly 1060 feet more or less along a line to a point which is 130 feet more or less westerly from the east line of said railroad right -of -way, which said point is on the present north line of the City of Ithaca, J 17'7 -11- February 24, 1987 Thence west along said present north line of the City of Ithaca, across Cayuga Lake to the west shore of Cayuga Lake, Thence southerly a distance of seventeen hundred and ten feet more or less to the mouth of the brook which devides the property now owned by Harry and Helen D. Johnson on the north from the property of Candace H. Williams on the south; Thence westerly one hundred and forty feet more or less up the center of the brook to the east boundary of the right - of -way of the highway known as Taughannock Boulevard, Thence southerly along the east line of the right -of -way of Taughannock Boulevard as it now exists or may hereafter be relocated a distance of fifteen hundred and twenty -three feet to the center of Williams brook; Thence westerly sixty -six more or less to the east line of the right -of -way of the Ithaca and Geneva division of Iq the Lehigh Valley Railroad; LO Thence southerly eleven hundred feet more or less to the north line of said lots ninety -two and ninety -four produced; M Thence west along the north line of said lot ninety -two Q and ninety -four as produced, to a point where said line intersects the northeasterly line of Brookfield Road; Thence northwesterly along the northeasterly line of Brookfield Road about 168.6 feet to an iron pipe marking the intersection of the westerly line of Campbell Avenue and the northeasterly line of Brookfield Road; (4000,11 Thence north 15 degrees 15 minutes east, 115.2 feet along the westerly line of Campbell Avenue to an iron pipe; Thence southwesterly substantially along a hedgerow about 177 feet to an iron pipe located north 79 degrees 25 minutes east, a distance of 35.5 feet from an iron pipe set in the northeasterly line of Brookfield Road; Thence north 12 degrees 21 minutes west, 187 feet to an iron pipe; Thence south 70 degrees 28 minutes west, 17.9 feet to a pipe; Thence north 23 degrees 40 minutes west, 150.6 feet to an iron pipe set in the bed of Hopkins Place; Thence continuing a short distance of approximately 10 feet to the original centerline of Hopkins Place measured as a 40 -foot road; Thence Place about east of an Place; Thence or less, to Place; westerly along said original centerline of Hopkins 60 feet to a point south 3 degrees 30 minutes iron pipe set in the northerly line of Hopkins north 3 degrees 30 minutes west, 20 feet more said iron pipe set into northerly line of Hopkins Thence north 3 degrees 30 minutes west 223 feet to the center of Williams brook. Thence southwesterly along the center of Williams Brook, 330 feet more or less, to the west line of military lot no. eighty- seven; 178 -12- February 24, 1987 Thence south along the west line of said lot eight -seven and the west line of said DeWitt's location to the place of beginning shall constitute the City of Ithaca. SECTION 3. AMENDING SECTION 1.3 OF THE CITY CHARTER OF THE CITY OF ITHACA ENTITLED "WARD BOUNDARIES ", SUBDIVISION B., WARD V, THEREOF. Section 1.3 of the City Charter of the City of Ithaca entitled "Ward Boundaries ", Subdivision B, Ward V, thereof is hereby amended to read as follows: Ward V Beginning at a point at the intersection of the center lines of Linn Street, University Avenue and Cascadilla Creek; Thence northerly, easterly then northerly and easterly along the center line of University Avenue to the intersection of Thurston Avenue Bridge; Thence northerly cross Fall Creek along the center line of Thurston Avenue to the easterly intersection of the center line of Wait Avenue; Thence northerly and westerly along the center line of Wait Avenue to the center line of Triphammer Road; Thence easterly and northerly along the center line of Triphammer Road to the north line of the City of Ithaca; Thence westerly along the north line of the City of Ithaca and its extension westerly to the intersection with the east line of North Cayuga Street; Thence northerly along the east line of said North Cayuga Street produced to a point at the north boundary line of New York State Route 13; Running thence northeasterly along the northerly line of Route 13, a distance of 106 feet, more or less, to a point, Thence continuing along the northwesterly line of NYS Route 13, the following distances: Northeasterly a distance of 195 feet, more or less to • point, Northeasterly a distance of 253 feet, more or less to • point, Northerly a distance of 67 feet, more or less to a point, Easterly a distance of 15 feet, more or less to a point in the westerly line of East Shore Drive, Running thence northerly along the westerly line of East Shore Drive a distance of 165 feet, more or less, to the southerly line of lands now or formerly of Bowman, (Deeds Book 585, Page 594), (Tax Parcel #18- 2 -10), Running thence westerly, along the southerly boundary of said Bowman parcel a distance of 264 feet, more or less to the southwest corner thereof, Running thence northerly, along the west boundary of said Bowman parcel and continuing along the west boundary of lands now or formerly of Wells (Deeds Book 379, Page 410, and Book 466, Page 23) a total distance of 80 feet more or less, to the easterly line of Conrail Corp. (R.O.) formerly Lehigh Valley Railroad, P] pnr 179 -13- February 24, 1987 Running thence southwesterly, along the southeasterly line of Conrail, a distance of 70 feet, more or less, to the present East line of the City of Ithaca, said point being on extension of the East street line of former North Cayuga Street, Thence northerly 1060 feet more or less along a line to a point which is 130 feet more or less westerly from the east line of said railroad right -of -way, which said point is on the present north line of the City of Ithaca, Thence westerly along the north line of the City of Ithaca to a point on said north line, which said point is on a line directly due north of the center line of the Cayuga Inlet; Thence southerly along the center line of the Cayuga Inlet as extended and along the actual center line of the Cayuga Inlet to the intersection with the center line of Cascadilla Creek; Iq Thence easterly and southeasterly along the said center LO line of Cascadilla Creek to the intersection with the center line of Linn Street; m Thence northerly along the said center line of Linn Q Street to the point and place of beginning. SECTION 4. ASSUMPTION OF DEBT All apportionment of indebtedness or any other contract or other liabilities to the Town of Ithaca for the property herein annexed shall be according to the agreement between the City of Ithaca and Town of Ithaca attached hereto. SECTION S. EFFECTIVE DATE This Local Law shall take effect immediately after filing in the Office of the Secretary of State. The question of the adoption of the foregoing amended Local Law was duly put to a vote on roll call, which resulted as follows: Booth Aye Dennis Aye Romanowski Aye Hoffman Aye Cummings Aye Killeen Aye Schlather Aye Lytel Aye Ayes (8) Nays (0) Carried MAYOR'S PUBLIC HEARING Mayor Gutenberger declared the public hearing to consider Local Law authorizing annexation of Youth Bureau property to the City of Ithaca open. No one appeared to speak to the hearing. Mayor Gutenberger declared the public hearing closed. OTHER BUSINESS: Route 96 Report Supervisor Desch reported that Mary Call would like the county, town and city to meet after receipt of the Niederkorn Report on Rt. 96 (middle of March) to review same. A meeting date for a joint session was set for Tuesday, March 31, 1987 at 7:30 p.m. at a place to be determined at a later date. 180 -14- February 24, 1987 Enclosure of Cass Park Rink Marc Cramer commented t at the Town Board has received many expressions of concern regarding enclosure of Cass Park hockey rink, and asked for information on it. Mayor Gutenberger responded tha the city has been working on it for a couple of years. The consultants and professionals who have looked at it say that hanging canvas will not work. They are now talking to the Hockey Association regarding proposals. ADJOURNMENT: On a motion the meeting adjourned at 5:50 P.M. Callista F. Paolangel City Clerk John C. Gutenberger j Mayor 19