HomeMy WebLinkAboutTB 2023-116e Endorse Dissolution Plan Eastwood Commons Lighting DistrictMEETING OF THE ITHACA TOWN BOARD
July 31, 2023
TB Resolution 2023 - 116: Endorsing this Proposed Dissolution Plan for the Eastwood CommonsLighting District and Setting a Public Hearing on Same
Whereas, in 2021, the Town of Ithaca purchased from NYSEG the nine (9) streetlights in the Eastwood Commons Lighting District, and in 2023 the Town upgraded the streetlights to LED lights;
and
Whereas, there are eighty-eight (88) tax parcels located within the Eastwood Commons Lighting District in 2023, and future annual costs for the District’s electricity and streetlight
maintenance are estimated to be around Five Hundred SeventyDollars ($570) in current dollars; and
Whereas, because the Town’s bookkeeping burden and administrative expenses for the Eastwood Commons Lighting District are disproportionate to the District’s minimal future costs, the
Town Board of the Town of Ithaca is considering dissolution of the Eastwood Commons 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 Board of the Town of Ithaca may commence a dissolution proceeding for the Eastwood Commons 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 Board of the Town of Ithaca endorses the following proposed dissolution plan for the purpose of commencing dissolution proceedings
for the Eastwood Commons Lighting District:
(a) The name of the local government entity to be dissolved is theEastwood Commons Lighting District;
(b) The territorial boundaries of the entity were established when the July 9, 1973 resolution and order of the Town Board of the Town of Ithaca establishing the entity was made final;
the territorial boundaries have not changed and are described in said resolution and order as follows:
ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Ithaca, County of Tompkins and State of New York, being located on Honness Lane, being bounded and described as follows: Beginning
at a point in the northerly right of way of Honness Lane, said point being the southeast corner of lands of Roberts as recorded in the Tompkins County Clerk’s office in Liber 315 at
page 273; thence running N – 06°– 18’ – 04” -E along said Roberts, a distance of 325.37’ to a point; thence running N- 83° – 31’ – 21’ – W, a distance of 354.21’ to a point; thence running
N- 07° – 25’ – 30” – E, a distance of 966.12’ to a point in the center line of a creek; thence running easterly along the center line of said creek having a chord bearing of S-81°– 45’
– 22” – E for a distance of 248.30’ to a point in said center line of the creek; thence running S – 07° – 25’ – 30” – W, a distance of 145.0’ to a point; thence running N – 81° – 34’
– 02” – E, a distance of 342.82’ to a point; thence running S – 18° – 00’ – 06” – E, a distance of 130.0’ to a point; thence running N-71° – 59’ - 54”- E,a distance of 150.00’ to a point
on the former right of way of E. C. & W. Railroad; thence running S – 18 ° – 00’ – 06” – E along said right of way, a distance of 666.12’ to a point; thence running S – 68° – 18’ – 25”
– W, a distance of 120.40’ to a point; thence running S – 67° – 09’ – 45” - W, a distance of 345.20’ to a point; thence running S – 60° – 00’ – 58” – W, a distance of 122.33’ to a point;
thence running N – 84° – 00’ – 29” – W, a distance of 150.00’ to a point; thence running S – 06° – 18’ – 04” – W, a distance of 264.00’ to a point in the above mentioned right of way
of Honness Lane; thence running N – 84° – 19’ – 02’ – W along said right of way of Honness Lane, a distance of 50.0’ -to the place of beginning and containing 18.9 acres of land more
or less.
The current tax parcel numbers that are within said territorial boundaries are:
60.1-1-1.1
60.1-1-1.2
60.1-1-1.3
60.1-1-1.4
60.1-1-2.1
60.1-1-2.2
60.1-1-2.3
60.1-1-2.4
60.1-1-3.1
60.1-1.3.2
60.1-1-3.3
60.1-1-3.4
60.1-1-4.1
60.1-1-4.2
60.1-1-4.3
60.1-1-4.4
60.1-1-5.1
60.1-1-5.2
60.1-1-5.3
60.1-1-5.4
60.1-1-6.1
60.1-1-6.2
60.1-1-6.3
60.1-1-6.4
60.1-1-7.1
60.1-1-7.2
60.1-1-7.3
60.1-1-7.4
60.1-1-8.1
60.1-1-8.2
60.1-1-8.3
60.1-1-8.4
60.1-1-9.1
60.1-1-9.2
60.1-9.3
60.1-9.4
60.1-1-10.1
60.1-1-10.2
60.1-1-10.3
60.1-1-10.4
60.1-1-11.1
60.1-1-11.2
60.1-1-11.3
60.1-1-12.1
60.1-1-12.2
60.1-1-12.3
60.1-1-14.1
60.1-1-14.2
60.1-1-14.3
60.1-1-15.1
60.1-1-15.2
60.1-1-15.3
60.1-1-16.1
60.1-1-16.2
60.1-1-16.3
60.1-1-17.1
60.1-1-17.2
60.1-1-17.3
60.1-1-18.1
60.1-1-18.2
60.1-1-18.3
60.1-1-19.1
60.1-1-19.2
60.1-1-19.3
60.1-1-20.1
60.1-1-20.2
60.1-1-20.3
60.1-1-21.1
60.1-1-21.2
60.1-1-21.3
60.1-1-22.1
60.1-1-22.2
60.1-1-22.3
60.1-1-30.1
60.1-1-30.2
60.1-1-30.3
60.1-1-30.4
60.1-1-30.5
60.1-1-30.6
60.1-1-31.1
60.1-1-31.2
60.1-1-31.3
60.1-1-31.4
60.1-1-33.1
60.1-1-33.2
60.1-1-33.3
60.1-1-45
60.1-1-47
(c) The type and/or class of the entity is a lighting district that the Town Board of the Town of Ithaca formed pursuant to Town Law Article 12-A;
(d) The Town Board estimates that the cost of dissolution of the Eastwood Commons 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 Eastwood Commons 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 Eastwood Commons Lighting District’s assets are as follows: Nine (9) streetlights purchased from NYSEG in 2021 for Two Thousand SixHundredSixty dollars ($2,660). The streetlights
were upgraded to LED lights in 2023 for an estimated cost of Three Thousand Four Hundred Seventy-Four dollars ($3,474).The fair value thereof in current money of the United States is
Six Thousand One Hundred Thirty-FourDollars ($6,134). On December 31, 2022, the Eastwood Commons Lighting District had an available fund balance of Four Thousand One Hundred Eighty-Seven
Dollars ($4,187). The Town assessed property tax ofSeven Hundred FiftyDollars ($750) to eighty-eight (88) parcels within the Lighting District in 2023, proportionately allocated based
on assessed value. The estimated expenses for 2023 (including the cost of conversion to LED lights,eight (8) months of streetlight maintenance, and electricity) areFourThousand One
Hundred Thirty-Two Dollars ($4,132). Any residual funds (estimated to be Eight Hundred Five Dollars ($805)) left at 12/31/2023 will be moved to the Town’s General Fund to offset future
costs;
(g) The Eastwood CommonsLighting 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 Six Thousand Four Hundred Ninety-Five Dollars ($6,495) for LED conversions. This amount has not yet been billed to the Town. The Town anticipates
rebates of Three Thousand Twenty-One Dollars ($3,021), which results in a net indebtedness of Three Thousand Four Hundred Seventy-Four Dollars ($3,474);
(h) There are no agreements entered into between the Eastwood Commons Lighting District and the Town of Ithaca in order to carry out the dissolution;
(i) following the dissolution of the Eastwood Commons Lighting District, the residents of the Eastwood Commons 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 Eastwood Commons 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 for the Town of Ithaca 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 Eastwood Commons Lighting District dissolution plan.
Moved: Bill GoodmanSeconded:Rich DePaolo
Vote: ayes- Howe, DePaolo, Rosen, Goodman, & Johnson