HomeMy WebLinkAbout1967-06-19 TI
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Lai ORIGINAL
RESOLUTION OF TOWN BOARD APPROVING THE ESTABLISHMENT
OF A HATER DISTRICT IN THE TOWN OF DANBY ,
COUNTY OF TOMPKINS , STATE OF NEW YORK
At a meeting of the Town Board of the Town of Danby , held
at the Grange Hall in the Town of Danby , County of Tompkins , Stay •
1
k_; of New York , on the 19th of June , 1967 , at 8 : 00 P . M .
PRESENT : James H . Cortright , Supervisor
D onald Makie , Councilman
Moses Peter , Justice of the Peace
D onald Barker , Councilman
ABSENT : Floyd Dorn , Justice of the Peace
In the Matter of the Establishment of a Water District in
the Town of Danby , County of Tompkins , State of New York , pursues
ant to Article 12 -A of the Town Law .
WHEREAS a map , plan , and report relating to the establish ®
merit of the proposed Water District , prepared by The Standard
Engineering Corporation of Albany , New York , a competent engineer
ing Firm , duly licensed by the State of New York , in a manner
and in such detail as has been determined by the Town Board of
L:l
D anby , has been duly filed with the Town Clerk of Danby , in
accordance with the requirements of Article 12 -A of the Town Law ,
and
WHEREAS , an order was duly adopted by the Town Board of
D anby on June 8 , 1967 , reciting the filing of said map , plan ,
and report , the improvements proposed , the boundaries of the
proposed district , the estimated expense thereof , the proposed
method of financing , the fact that the map , plan , and report
describing the same , are on file in the Town Clerk ' s Office for
public inspection , and stating all other matters required by law
t o be stated , and specifying June 19 , 1967 , at 8 : 00 P . M . on that
day , as the time , and the Grange Hall in West Danby , New York ,
l as the place where the said Town Board would meet to consider
said map , plan , and report , and to hear all persons interested
THALER & THALER in the subject thereof concerning the same , and to take said
ITTORNEYS 8 COUNSELLORS
309 NORTH TIOGA STREET action thereon as is required or authorized by law , and
ITHACA, NEW YORK
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MBEREAS such order was duly published and posted as required
by law , 'and
WHEREAS a hearing on said matter was duly held by said Town
Board on this 19th day of June , 1967 , beginning at 8 : 00 P . M .
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o f the day , at the Grange Hall in said Town , and full. discussion
o f the matter having been had , and all persons desiring . to be
•
heard , having been duly heard ,
NOW , upon the evidence given upon such hearing , and upon
motion of Moses Peter , Seconded by Donald Makie , it is
RESOLVED AND DETERMINED :
( a ) That the notice of hearing was published and posted as
✓ equired by law , and is otherwise sufficient .
( b ) That all property and property owners within the pro -
posed district , are benefited thereby .
( c ) That all the property and property owners benefited are
included within the limits of the proposed district .
( d ) That it is in the public interest to establishsaid water -
district .
FURTHER RESOLVED AND DETERMINED that the establishment of a
• Water District , as set forth insaid map , plan , and report , be
approved ; that the improvement therein mentioned be constructed ,
and the necessary easements and Lands be acquired , upon the re -
quired funds being made available and provided for ; and such
district Shall be known and designated as the West Danby Water
District in the Town of Danby , and shall be bounded and described
as follows :
Beginning in ' the center of New York State High -
way Route # 34 at the northwest corner of Parcel No .
16 - 1 - 15 as shown on the Town of Danby Assessment Maps ;
thence running in a general southerly direction along
the center of the highway to the northeast corner of
P arcel No . 16 - 1 - 14 ; thence in a general westerly
direction along the northern boundary of said parcel
to the northwest corner of said parcel ; thence in a
g eneral southerly direction along the west boundary
of said parcel to the southeast corner of Parcel No .
THALER & THALER 6 - 1 - 13 ; thence in a easterly. direction along the south -
ATTORNEYS ft COU NSELLORS ern boundary of Parcel No . 16 - 1 - 19 a distance of 400
300 NORTH TIOGA STREET
ITHACA. NEW YORK
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feet ; thence southerly a distance of approximately
4 , 600 feet to the northern boundary line of Parcel No .
L8 - 1 - 18 ; thence easterly along said boundary Line a
distance of 300 feet to the northeast corner of Parcel
No . 18 - L - 18 ; thence southerly along the easterly boundary
line of Parcel No . 18 - L - 18 a distance of 300 feet ;
thence easterly a distance of 1 , 400 feet to the south-
west corner of Parcel No . 18 - 1 - 24 ; thence southerly
along the western boundary of Parcels No . 18 - 1 - 20 ;
18 - 1 - 21 , 25 - 1 - 7 , 25 - 1 - 6 , 25 - 1 - 9 , 25 - 1 - 3 , 26 - 1 - 2 ,
to the northwest corner of Parcel No . 26 - 1 - 11 , a
distance of 6 , 100 feet ; thence easterly along the
northetn boundary of Parcel No . 26 - 1 - 11 to the north -
east corner of said parcel ; thence southerly along
the eastern boundary of said parcel to the southeast
corner of said parcel ; thence in a westerly direction
along the southern boundary of said parcel ' to the
southwest corner cf Parcel No . 26 - 1 - 11 ; thence in a
g eneral southerly direction along the western boundaries
o f Parcels No . 26 - 1 - 10 and No . 26 - 1 - 7 to the north -
west corner of Parcel No . 26 - 1 - 14 ; thence easterly
along the northern boundary of Parcel No . 26 - 1 - 14 as
it bends and turns to the center of New York State
H ighway Route # 34 ; thence in a general southerly direc -
t ion along the center line of said highway a distance
o f 500 feet ; thence in a general easterly direction
along the southern boundary of Parcel No . 26 - 1 - 7 to
the southwest corner of Parcel No . 26 - 1 - 15 . 1 ; thence
e asterly along the southern boundary of Parcels No .
26 - 1 - 15 . 1 and No . 26 - 1 - 16 to the southeast corner of
Parcel No . 26 - 1 - 16 ; thence in a northerly direction
along the eastern boundary of Parcels No . 26 - 1 - 16 and
No . 26 - 1 - 4 to the northeast corner of Parcel No . 26 - L -4 ;
thence westerly along the northern boundary of Parcels
No . 26 - 1 - 4 and No . 26 - 1 - 2 to the northwest corner of
Parcel No . 26 - 1 - 2 ; thence in a northerly direction a -
long the Lehigh Valley Railroad as it bends and turns
through Parcels No . 24 - 1 - 4 ; 24 - 1 - 1 , 25 - 1 - 9 , 18 - 1 - 24 ,
18 - 1 - 25 , 18 - 1 - 16 , 18 - 1 - 14 , 18 - 1 -4 , 18 - 1 - 3 , to the center
o f the West Danby Road at the southwest corner of Parcel
No . 18 - 1 - 7 ; thence along the westerly boundary of Parcel
No . 18 - 1 - 7 as it bends and turns to the northwest corner
o f said parcel ; thence in a general northerly direction
along the eastern boundary of lands owned by the Lehigh
Valley Railroad as it runs through Parcels No . 16 - 1 - 25
and No . 16 - 1 - 24 to the northeast corner Parcel No .
16 - 1 - 20 ; thence in a westerly direction to the north -
e ast corner of Parcel No . 16 - L - 18 . 2 , a distance of
1 , 200 feet ; thence in a northerly direction along the
e astern boundary of Parcel No . 16 - 1 - 19 to the northeast
corner of said parcel ; thence • in a westerly direction
along the northern boundary of Parcel No . 16 - 1 - 19 to
the southeast corner of Parcel No . 16 - 1 - L5 ; thence in
a northerly direction alongthe eastern boundary line
o f Parcel No . 16 - 1 - 15 to the northeast corner of Parcel
No . 16 - 1 - 15 ; thence in a westerly direction along the
northern boundary line of Parcel No . 16 - 1 - 15 to the
place of beginning .
This description is in accordance with the map
o f the Vest Danby iclater District , Town of Danby , Tomp -
kins County , New York , prepared by T . G . Miller and
THALER & THALER dated March , 1967 .
ATTORNEYS 6 COUNSELLORS
309 NORTH TIOGA STREET •
ITHACA• NEW YORK •
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The boundaries described are intended to include all propert
within said boundaries , excepting the property already included
within the existing , ,water ., c.:, districts above referred to and as
shown in the map on file in the Town Clerk ' s Office .
FURTHER RESOLVED that the proposed improvement , including
construction costs , cost of acquisition of lands and easements ,
legal and engineering fees , and all other expenses , be financed
as follows : A Farmer ' s Home Administration Loan of $ 94 , 000 . 00 ,
a Farmer ' s Home Administration Grant of $ 94 , 0010 . 00 , and a local
financing loan in the amount of $ 29 , 000 . 00 which will be financed
by the issuance of serial ! bonds of said Town to mature in such
number of annual installments not exceeding 30 , as may hereafter
be determined by the Town Board of Danby , payable in the first
instance from assessments levied on benefited real property in sa ' d
district ; and it is
IIIFURTHER RESOLVED that this resolution is subject to a per -
missive referendum as provided in Section 209 -e of the Town Law .
The adoption of the foregoing resolution was duly put to a
vote , and upon roll call , the vote was as follows : James H .
Cortright , Supervisor voting aye ; Donald Makie , Councilman , votin =
aye ; Moses Peter , Justice of the Peace , voting aye ; Donald Barker ,
Councilman , voting aye ..
The resolution was thereupon declared duly adopted .
Dated : June 19 , 1967
STATE OF NEF•4 YORK ) .
COUNTY OF TOMPKINS ) SS . '
TOWN OF DANBY )
I , Dorothy Roberts , Town lerc of the Town of Danby , Tompkin -
County , New York , do hezeby certif. , that I have compared the pre -
ceding resolution with the origi. : 1 -thereof filed in my office
at Danby , Tompkins County , New fors - , and the same is a true and
correct copy of said original . d t . e whole thereof .
THALER & THALER
rTORNEYS a COUNSELLORS
109 NORTH TIOGA STREET
ITHACA, NEW YORK
;y u i +'
STATE OF NEW YORK ) .
) SS .
COUNTY -OF TOMPKINS )
Dorothy Roberts , being duly sworn , deposes and says , that
j she is the Town Clerk of the Town of Danby , and that an Order ,
o f which is annexed and a true copy, was duly posted on the Town
o f Danby bulletin board made and provided on June 10 , 1967 , and
✓ emained there through June 19 , 1967 .
Town Clerk/d ;he - Town own of Danbg
Sworn to before me this . Tompkins County , New York
27th •.;!►� gf - - ,
tAtori /'w
0 -4,a y Public
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THALER & THALER .
'TORNEYS 8 COUNSELLORS
log NORTH TIOGA STREET
ITHACA, NEW YORK
• _A ..
Town of Danby , County of Tompkins .
In the Matter of the . Establishment of the
West Danby Water District in the Town of
III Danby , County of Tompkins , State of New
. York , pursuant to Article 12 -A of the Town
Law .
RESOLUTION dated June 19 , 1967
WHEREAS the Town Board of Danby has this day adopted a
resolution pursuant to section 209 -e of the Town Law approving
the establishment of a Water District , be it
RESOLVED that the Supervisor be authorized and directed to
make application to the Department of Audit and Control , pursuant
to section 209 - f of the Town Law , for permission to create said
Water District . This resolution shall take effect immediately
The adoption of the foregoing resolution was duly put to a
vote , and upon roll call , the vote was as follows : James H .
Cortright , Supervisor , voting aye ; Donald Makie , Councilman , voti
aye ; Moses Peter , Justice of the . Peace , voting aye ; Donald Barker ,
Councilman , voting aye ; Floyd Dorn , Justice of the Peace , absent .
The resolution was thereupon declared duly adopted .
Dated : June 19 , 1967
THALER & THALER
ATTORNEYS & COUNSELLORS
309 NORTH TIOGA STREET .
ITHACA, . NEW YORK
TOWN BOARD
TOWN OF DANBY
Resolution No . 7
BOND RESOLUTION OF THE TOWN OF DANBY , TOMPKINS
COUNTY , NEW YORK , ADOPTED MAY 2 1968 AUTHORIZING
THE ISSUANCE OF SPECIAL OBLIGATION BONDS OF THE
WEST DANBY WATER DISTRICT , TOWN OF DANBY , TOMPKINS
COUNTY , NEW YORK , IN THE PRINCIPAL AMOUNT OF
$ 123 , 000 . 00 FOR THE PURPOSE OF PROVIDING FUNDS TO
PURCHASE , CONSTRUCT AND PROVIDE A WATER WORKS
SYSTEM FOR SAID DISTRICT AT AN ESTIMATED MAXIMUM
COST THEREOF OF $ 217 , 000 . 00
RECITAL.
WHEREAS , after a public hearing duly called and held on the
19th day of June , 1967 , the Town Board of the Town of Danby in
the County of Tompkins , New York , hereinafter referred to as the
" Town" , duly adopted a resolution and order determining that it is
in the public interest to create the West Danby Water District in
the Town , hereinafter referred to as the "District " , as herein-
after described and ordering that a district be established and
ordering the construction of a water distribution system , the
acquisition of interests in land and easements and the establish -
ment of the district at an estimated maximum cost of $ 217 , 000 . 00 ;
and
WHEREAS , the United States of America acting through the
Farmers Home Administration , United States Department of Agri -
culture pursuant to the Consolidated Farmers Home Administration
Act of 1961 as amended ( 7 U . S . C . 1921 etc . ) has given a grant in
aid to the Town in the amount of $ 94 , 000 . 00 for the use and
benefit of establishing the District leaving an amount of
$ 123 , 000 . 00 to be financed by the Town and it is now necessary
and advisable to provide for the financing of this remaining
balance thereof by the issuance of bonds , now therefore , be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF DANBY
IN THE COUNTY OF TOMPKINS , STATE OF NEW YORK , ( by the favorable
vote of not less than two -thirds of all the members of said
Board ) AS FOLLOWS :
SECTION 1 . The Town hereby appropriates the amount of
THALER 9 THALER
ATTORNEYS & COUNSELLORS $ 123 , 000 . 00 for the creation of the District and its establish-
300 NORTH TIOOA .TRA.T
ITHACA, NEW YORK
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ment , for the construction of the water distribution system , the
acquisition of interests in land and easements and improvements
in connection therewith in the District , pursuant to the plans
and specifications heretofore prepared by the Standard Engineerin :
Corporation of Albany , New York , consulting engineers , and hereby
approve4 and all as hereinabove referred to in the Recitals hereof .
The estimated maximum coat of said specific object or purpose ,
including preliminary costs and costs incidental thereto and the
financing thereof after deduction of the grant in aid is
$ 123 , 000 . 00 and the plan of financing is the issuance of serial
bonds of the Town in the principal amount of $ 123 , 000 . 00 and the
assessment , levy and collection of assessment in the nature of a
water charge , hydrant rental charge and /or ad -valorem tax on the
several lots and parcels of land within the District to pay the
principal of and the interest on the bonds in the same manner and
at the same time as other Town charges .
SECTION 2 . Serial bonds of the Town are hereby authorized t •
be issued in the principal amount of $ 123 , 000 . 00 pursuant to the
provisions of the Local Finance Law and of the Consolidated Laws
o f the State of New York , to finance said appropriation .
SECTION 3 . The following additional matters are hereby
determined and declared :
( a ) The period of probable usefulness of the specific
o bject or purpose for which the bonds authorized pursuant to this
resolution are to be issued within the limitations of * 11 . 00 a . 1
o f said Local Finance Law , is forty ( 40 ) years .
( b ) Current funds are not required by said Law to be
provided prior to the issuance of the bonds authorized by this
resolution , or any notes issued in anticipation thereof .
(c ) The proposed maturity of the bonds authorized by
this resolution may exceed five ( 5 ) years .
SECTION 4 . Each of the bonds authorized by this resolution
THALER & THALER and any notes issued in anticipation thereof , shall contain the
ATTORNEYS S COUNSELLORS
309 NORTH TIOGA .TRKET
ITHACA. NEW YORK
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recital of validity prescribed by * 52 . 00 of said Local Finance
Law and said bonds and any notes issued in anticipation of said
bonds , shall be general obligations of the Town , payable as to
both principal and interest by a general tax upon all the taxable
o eal property within the Town without limitation as to rate or
amount . The faith and credit of the Town are hereby irrevocably
pledged to the punctual payment of the principal of and interest
on said bonds and provision shall be made annually in the budget
o f the Town by appropriation for ( a ) the amortization and re -
d emption of the bonds to mature in such year and ( b ) the payment
o f interest to be due and payable in such year .
SECTION 5 . Subject to the provisions of this resolution
and of said Local Finance Law , and pursuant -- to the provisions of
§ 30 . 00 of said Law relative to the authorization of the issuance
o f bond anticipation notes and of * 50 . 00 and § § 56 . 00 to 60 . 00 of
said Law , the powers and duties of the Town Board relative to
prescribing the terms , forms and contents and as to the sale and
issuance of the bonds herein authorized and any notes issued in
anticipation thereof , or the renewals thereof , are hereby dele -
g ated to the Supervisor , the chief fiscal officer of the Town .
SECTION 6 . The validity of the bonds authorized by this
resolution and of any bond anticipation notes issued in antici -
pation of said bonds , may betcontested only if :
( a ) such obligations are authorized for an
o bject or purpose for which the Town is
not authorized to expend money , or
( b ) the provisions of law which thould be
complied with at the date of the publication
o f such _ resolution , are not substantially
complied with ,
and an action , suitor proceeding contesting such validity , is
commenced within twenty days after the date of such publication ,
o r
( c ) such obligations are authorized in viola -
t ion of the provisions of the constitution .
THALER & THALER
ATTORNEYS S COUNSELLORS
300 NORTH TIO0• .TRK.T
ITHACA. NEW YORK
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SECTION 7 . This resolution shall take effect immediately .
* * * *
This resolution was made by Donald C . Makie and duly
seconded by A . Francis Wright and duly put to a vote on roll
call , which resulted as follows :
AYES : Supervisor , James H . Cortright
Councilman , Donald C . Makie
Councilman , A . Francis Wright
Town Magistrate , Floyd Dorn
Town Magistrate , Moses Peter
NOES : None
The resolution was declared unanimously adopted .
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THALER @ THALER -
ATTORNEYSSCOUNSELLORS
300 NORTH T1003 .TREKT
ITHACA, NEW YORK