Loading...
HomeMy WebLinkAboutTB 2022-032 PIO Forest Home Pump StationMEETING OF THE ITHACA TOWN BOARD March 14, 2022 TB Resolution 2022 - 032: Public Interest Order - Sewer Improvement in the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law to serve the area to be known as Forest Home Pump Station Sewer Improvement Area At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York in said Town, on March 14, 2022, at 5:30 o’clock P.M., Prevailing Time. Present: Rod Howe, Supervisor; Members Pamela Bleiwas, Bill Goodman, Eric Levine, Rich DePaolo, Margaret Johnson and Rob Rosen Moved by Rob Rosen, seconded by Pamela Bleiwas Whereas, a map, plan and report 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 construction of certain sewer improvements,consisting of the reconstruction of and improvements to the Forest Home Pump Station and reconstruction of related force main, including original equipment, machinery, apparatus, appurtenances, as well as other incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,017,444; and Whereas, said map, plan and report have been prepared by competent engineers duly licensed by the State of New York, and have been filed in the office of the Town Clerk where they are available for public inspection; and Whereas, said capital project 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, as such, will not result in any significant adverse environmental effect; and Whereas, the area of the Town of Ithaca, Tompkins County, New York, to be benefitted thereby shall be the entire area of the Town outside any villages to be known as Forest Home Pump Station Sewer Improvement Area of the Town of Ithaca; and Whereas, it is proposed that all of the cost of the aforesaid improvements shall be borne by the lands benefited thereby by assessing, levying upon and collecting from the several lots and parcels of land within said Forest Home Pump Station Sewer Improvement Area, outside of any villages, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay debt service, including principal and interest, on any obligations issued pursuant to the provisions of the Local Finance Law to finance the cost of the aforesaid improvements; and Whereas, said costs shall be authorized to be financed by the issuance by the Town of its serial bonds with a maximum maturity not in excess of the forty-year period prescribed by the Local Finance Law; provided however, grants-in-aid may be received and utilized therefor; and Whereas, the Town Board of the Town of Ithaca duly adopted an Order on February 28, 2022 calling a public hearing upon said map, plan and report and the question of providing the sewer improvement to serve the area to be known as Forest Home Pump Station Sewer Improvement Area, such public hearing to be held on March 14, 2022, at 5:30 o’clock P.M., Prevailing Time, at the Town Hall, 215 North Tioga Street, Ithaca, New York, in said Town, at which time and place all persons interested in the subject thereof could be heard concerning the same; and Whereas, notice of said public hearing was duly posted and published as required by law; and Whereas, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same; and Whereas, it is now desired to authorize the improvement to serve the area to be known as Forest Home Pump Station Sewer Improvement Area of the Town of Ithaca; now, therefore, be it Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1.It is hereby determined that it is in the public interest to establish said Forest Home Pump Station Sewer Improvement Area and to make the sewer improvement hereinafter described and such Forest Home Pump Station Sewer Improvement Area is hereby established and authorized at a maximum estimated cost of $1,017,444. The proposed area hereby determined to be benefitted by said Forest Home Pump Station sewer improvement is the entire area of the Town outside the Village of Cayuga Heights.All of the property within said Forest Home Pump Station Sewer Improvement Area is benefited by the proposed improvement, and all of the property benefited is included within said Forest Home Pump Station Sewer Improvement Area. Section 2.The proposed improvement shall consist of the reconstruction of and improvements to the Forest Home Pump Station and reconstruction of related force main, including original equipment, machinery, apparatus, appurtenances, as well as other incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,017,444. The proposed method of apportioning the costs of the improvement should not be changed.The method of financing of said cost shall be by the issuance of serial bonds of said Town to mature in annual installments over a period not exceeding forty years and such bonds shall be payable from assessments levied upon and collected from the several lots and parcels of land deemed benefited from said improvement and located in said benefited area outside of any villages, 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; but if not paid from such sources, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due and payable. Section 3.It is hereby determined that the estimated expense of the aforesaid improvement does not exceed onetenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of any villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209q of the Town Law, the permission of the State Comptroller shall not be required for such improvement. Section 4.Pursuant to subdivision 6(d) of Section 209q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded in the office of the Clerk of the County of Tompkins, New York, within ten days of the datethis resolution 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. Section 5.It is hereby further determined that all of the cost of the aforesaid improvement shall be borne by property within the Forest Home Pump Station Sewer Improvement Area constituting all of the area of said Town outside of any villages, and therefore this resolution shall be subject to permissive referendum. Section 6.This resolution is adopted subject to permissive referendumin the manner provided in Town Law Article 7 and Town Law Section 209-q. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:Rod Howe, aye; Pamela Bleiwas, aye;Bill Goodman,aye; Eric Levine, aye;Rich DePaolo,aye;Margaret Johnson, aye and Rob Rosen, aye. The resolution was thereupon declared duly adopted.