HomeMy WebLinkAboutTB 2023-112a Endorse Dissolution Plan Burleigh Dr Lighting DistrictMEETING OF THE ITHACA TOWN BOARD
July 31, 2023
TB Resolution 2023 - 112: Endorsing this Proposed Dissolution Plan for the Burleigh Drive Lighting District and Setting a Public Hearing on Same
Whereas, in 2021, the Town of Ithaca purchased from NYSEG the seven (7) streetlights in the Burleigh Drive Lighting District, and in 2023 the Town upgraded the streetlights to LED lights;
and
Whereas, there are thirty-three (33) tax parcels located within the Burleigh Drive Lighting District in 2023, and future annual costs for the District’s electricity and streetlight maintenance
are estimated to be around Five Hundred Dollars ($500) in current dollars; and
Whereas, because the Town’s bookkeeping burden and administrative expenses for the Burleigh Drive Lighting District are disproportionate to the District’s minimal future costs, the Town
Board of the Town of Ithaca (Town Board)is considering dissolution of the Burleigh Drive Lighting District and paying for the costs of the Town’s lighting districts, once dissolved,
through real estate taxes raised on a townwide basis pursuant to New York Highway Law §327; and
Whereas,New York General Municipal Law §773(2)(a) provides that the Town Boardmay commence a dissolution proceeding for the Burleigh Drive Lighting District, which is a local government
entity, by endorsing a proposed dissolution plan; now, therefore be it
Resolved, pursuant to General Municipal Law § 774, the Town Boardendorses the following proposed dissolution plan for the purpose of commencing dissolution proceedings for the Burleigh
Drive Lighting District:
(a) The name of the local government entity to be dissolved is the Burleigh Drive Lighting District;
(b) The territorial boundaries of the entity were established when the November 7, 1991 resolution and order of the Town Board establishing the entity was filed in the Tompkins County
Clerk’s office on November 14, 1991; the territorial boundaries have not changed and are described in said resolution and order as follows:
Commencing at the intersection of the center line of Burleigh Drivewith the easterly boundary line of the Village of Cayuga Heights, which point is just north of the northwest corner
of Town of Ithacatax parcel No . 72-1-1.99; running thence south along the CayugaHeights boundary line and in part along the west line of tax parcel72-1-1.199 to a point 200 feet south
of the center line of BurleighDrive; running thence easterly, northeasterly, and northerly on aline parallel to the center line of Burleigh Drive and 200 feetdistant therefrom to the
north line of the Town of Ithaca; runningthence westerly along the north line of the Town of Ithaca and thenorth line of tax parcel 72-1-1.185 200 feet to the center line ofBurleigh
Drive; continuing thence westerly along the north line ofthe Town of Ithaca 200 feet to a point; running thence southerlysouthwesterly and westerly on a line parallel with the center
lineof Burleigh Drive and 200 feet distant therefrom to the center lineof the westerly portion of the loop road known as Lexington Drive,which point is westerly from premises reputedly
owned by the Churchof Latter Day Saints being Town of Ithaca tax parcel 72-1-1.170;thence southerly along the center line of Lexington Drive 200 feetto the center line of Burleigh Drive;
thence westerly along thecenter line of Burleigh Drive a distance of approximately 60 feetto the east line of the Village of Cayuga Heights and the point or place of beginning.
The current tax parcel numbers that are within said territorial boundaries are:
72.-1-1.169
72.-1-1.170
72.-1-1.171
72.-1-1.172
72.-1-1.173
72.-1-1.174
72.-1-1.175
72.-1-1.176
72.-1-1.177
72.-1-1.179
72.-1-1.180
72.-1-1.181
72.-1-1.182
72.-1-1.183
72.-1-1.184
72.-1-1.185
72.-1-1.186
72.-1-1.187
72.-1-1.188
72.-1-1.189
72.-1-1.190
72.-1-1.191
72.-1-1.192
72.-1-1.193
72.-1-1.194
72.-1-1.195
72.-1-1.196
72.-1-1.197
72.-1-1.199
72.-1-1.200
72.-1-1.201
72.-1-1.202
72.-1-1.203
(c) The type and/or class of the entity is a lighting district that the Town Boardformed pursuant to Town Law Article 12-A;
(d) The Town Board estimates that the cost of dissolution of the Burleigh Drive Lighting District is One Thousand Dollars ($1,000), which is the cost of associated legal fees and the
publication cost of legal notices;
(e) The Burleigh Drive Lighting District has no public employees, so it does not need to provide any plan for the transfer or elimination of public employees;
(f) The Burleigh Drive Lighting District’s assets are as follows: Seven (7) streetlights purchased from NYSEG in 2021 for Two Thousand Sixty-Nine Dollars ($2,069). The streetlights
were upgraded to LED lights in 2023 for an estimated cost of Two Thousand Seven Hundred One Dollars ($2,701).The fair value thereof in current money of the United States is Four Thousand
Seven Hundred Seventy Dollars ($4,770). On December 31, 2022, the Burleigh Drive Lighting District had an available fund balance of Two Thousand Three Hundred Ninety-Eight Dollars ($2,398).
The Town assessed property tax of One Thousand Dollars ($1,000) to thirty-three (33) parcels within the Lighting District in 2023, proportionately allocated based on road frontage.
The estimated expenses for 2023 (including the cost of conversion to LED lights,eight (8) months of streetlight maintenance, and electricity) areThree Thousand Two Hundred Seventy-Five
Dollars ($3,275). Any residual funds (estimated to be One Hundred Twenty-Three Dollars ($123)) left at 12/31/2023 will be moved to the Town’s General Fund to offset future costs;
(g) The Burleigh Drive Lighting District does not have any liabilities and indebtedness, bonded or otherwise, except as follows: The Town, on behalf of the District, owes the New York
Power Authority and/or its contractors Five Thousand Fifty-One Dollars ($5,051) for LED conversions. This amount has not yet been billed to the Town. The Town anticipates rebates of
Two Thousand Three Hundred Fifty Dollars ($2,350), which results in a net indebtedness of Two Thousand Seven Hundred One Dollars ($2,701);
(h) There are no agreements entered into between the Burleigh Drive Lighting District and the Town of Ithaca in order to carry out the dissolution;
(i) following the dissolution of the Burleigh Drive Lighting District, the residents of the Burleigh Drive Lighting District will continue to be furnished municipal street lighting services
by the Town of Ithaca, which will be paid for by real estate taxes raised on a townwide basis pursuant to New York Highway Law §327;
(j) The entity's assets shall become assets of the Town of Ithaca. The terms for the disposition of the entity's liabilities and indebtedness are as follows: The amount of the entity’s
indebtedness (if any) to New York Power Authority and/or its contractors as of December 31, 2023, as described in subsection g above shall be paid by moving the entity’s fund balance
(which is adequate to pay its indebtedness) to the Town’s General Fund and paying them from the General Fund. There will be no need for the levy and collection of additional taxes and
assessments for the entity’s outstanding liabilities and indebtedness as of December 31, 2023;
(k) There are no local laws, ordinances, rules, or regulations of the Burleigh Drive Lighting District which shall remain in effect after the effective date of the dissolution;
(l) The effective date of the proposed dissolution is December 31, 2023;
(m) The time and place for a public hearing on the proposed dissolution plan pursuant to New York General Municipal Law § 776 is September 11, 2023, at 5:30 p.m. in the Board Room, Ithaca
Town Hall, 215 N. Tioga Street, Ithaca, NY 14850;
(n) There are no other matters desirable or necessary to carry out the dissolution; and be it further
Resolved, that the Town Clerk for the Town of Ithaca shall post,publish,and display the proposed dissolution plan and provide notice to the public as required by New York General Municipal
Law § 775; and be it further
Resolved, that the Town Board shall hold a public hearing on the proposed dissolution plan onSeptember 11, 2023, at 5:30 p.m. in the Board Room, Ithaca Town Hall, 215 N. Tioga Street,
Ithaca, NY 14850, and at such time and place all persons interested in the proposed dissolution plan may be heard concerning the same; and be it further
Resolved, that following the conclusion of the public hearing, the Town Board shall meet to take such other and further action on the part of said Board with relation thereto as may
be authorized and prescribed by law, which may include a resolution approving a final version of the Burleigh Drive Lighting District dissolution plan.
Moved: Bill GoodmanSeconded:Rich DePaolo
Vote: ayes- Howe, DePaolo, Rosen Goodman, & Johnson