HomeMy WebLinkAboutOth06112012.pdf OHSUSA:750889686.1
Report of the Mayor
Southern Cayuga Lake Intermunicipal Water Commission/Capital Projects/Bonding, including
Board Resolution – (see following items)
VILLAGE OF CAYUGA HEIGHTS
BOND RESOLUTION – JOINT PROJECT
STEP I: BOND RESOLUTION SUBJECT TO PERMISSIVE
REFERENDUM
STEP II: PUBLICATION OF LEGAL NOTICE OF ADOPTION
STEP III: PUBLICATION OF LEGAL NOTICE OF ESTOPPEL
OHSUSA:750889686.1
ORRICK, HERRINGTON & SUTCLIFFE LLP
51 W EST 52ND S TREET
NEW YORK, NY 10019-6142
tel 212-506-5000
fax 212-506-5151
WWW.ORRICK.COM
June 5, 2012 Douglas E. Goodfriend
(212) 506-5211 (Direct Dial)
dgoodfriend@orrick.com
VIA E-MAIL (ddubow@bgdmlaw.com)
David Dubow, Esq.
Barney Grossman Dubow & Marcus
119 E. Seneca Street, Suite 400
Ithaca, New York 14850
Re: Village of Cayuga Heights, Tompkins County, New York
Construction of New Water Tank (Burdick Hill Road) and
New Water Transmission Main
Orrick File: 042804-2-3
Dear David:
In accordance with recent conversations with our office, I have prepared and enclose
herewith a form of bond resolution relating to the above for adoption by the Board of Trustees at its
next meeting, subject to permissive referendum.
Please see that this resolution is adopted by the affirmative vote of at least four of the five
members of the Board of Trustees and the legal notice of the same, a form of which I enclose for
your convenience, is published once in the official newspaper of the Village and posted in at least six
conspicuous public places throughout the Village, such publication and posting both to be made not
more than ten days after adoption. I must stress this ten day maximum noticing period since if the
same is not complied with the proceedings will be invalid and will have to be readopted.
When available kindly furnish me with a certified copy of the enclosed resolution, together
with an original printer’s affidavit of publication of the legal notice of adoption and the Village
Clerk’s affidavit of posting indicating the date of posting, the places of posting and having attached a
copy of the notice as posted.
Please do not hesitate to call me if you have any questions on this matter.
With best wishes,
Very truly yours,
Douglas E. Goodfriend
DEG/vmo
Enclosures
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BOND RESOLUTION
At a regularly scheduled meeting of the Board of Trustees of the Village of Cayuga
Heights, Tompkins County, New York, held at the Village Hall, in Cayuga Heights, New York,
in said Village, on the 11th day of June, 2012, at ______ o'clock P.M., Prevailing Time.
The meeting was called to order by _______________________________________, and
upon roll being called, the following were
PRESENT:
ABSENT:
The following resolution was offered by Trustee _________________________ who
moved its adoption, seconded by Trustee _________________________ to-wit:
OHSUSA:750889686.1
BOND RESOLUTION DATED JUNE 11, 2012.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,000,000 JOINT
SERIAL BONDS OF THE VILLAGE OF CAYUGA HEIGHTS, THE
VILLAGE OF LANSING AND THE TOWNS OF LANSING, ITHACA AND
DRYDEN, ALL IN THE COUNTY OF TOMPKINS, NEW YORK, TO PAY
THE COST OF WATER SYSTEM IMPROVEMENTS FOR THE BURDICK
HILL ROADTANK/N. TRIPHAMMER ROAD WATER MAIN PROJECT.
WHEREAS, the Board of Trustees of the Village of Cayuga Heights, Tompkins County,
New York, in conjunction with the Village of Lansing, and the Towns of Lansing, Dryden, and
Ithaca, has determined and agreed to participate in the provision of a joint water project for
construction of a new water tank at Burdick Hill Road and construction of a new water
transmission main at North Triphammer Road and to contract joint indebtedness therefor in
accordance with Section 15.00 of the Local Finance Law pursuant an Agreement of Municipal
Cooperation for Construction, Financing and Operation of an Inter-Municipal Water Supply and
Transmission System (the “Intermunicipal Agreement”); and
WHEREAS, the capital project hereinafter described has been determined to be an
Unlisted 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, it has been determined will not result in any significant
environmental effects; and
WHEREAS, all other conditions precedent to the financing of the capital project
hereinafter described, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital project; NOW,
THEREFORE, BE IT
RESOLVED, by the Board of Trustees of the Village of Cayuga Heights, Tompkins
County, New York, if the within resolution in substantially identical form is adopted, approved
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and made effective by the other participants in the aforedescribed Intermunicipal Agreement as
follows:
Section 1. For the specific object or purpose of paying the cost of water system
improvements consisting of (i) the construction of a new water tank at Burdick Hill Road, and
(ii) the construction of a new water transmission main at North Triphammer Road, there are
hereby authorized to be issued $2,000,000 joint serial bonds of the Village of Cayuga Heights,
Tompkins County, New York, together with the Towns of Ithaca, Dryden and Lansing and the
Village of Lansing, all of the County of Tompkins, New York, pursuant to the provisions of
Section 1 of Article VIII of the Constitution of the State of New York as amended and of Title
1A of the Local Finance Law.
Section 2. The maximum estimated cost of said water system improvements is
$2,000,000, which improvements are hereby authorized at said cost, and the plan for the
financing thereof is by the issuance of the $2,000,000 joint serial bonds authorized to be issued
pursuant to this bond resolution. The total amount of joint indebtedness to be contracted for said
improvements is $2,000,000 and the amount initially estimated to be allocated and apportioned
to the Village of Cayuga Heights is $177,800.
Section 3. For the purposes of Section 15.10 of the Local Finance Law relating to the
allocation of joint indebtedness, the amount of joint indebtedness to be apportioned and allocated
to each of said Towns and Villages, shall be in the same proportion as the consumption of water
in each of the Towns of Dryden, Ithaca, and Lansing and the Villages of Cayuga Heights and
Lansing shall bear to the total consumption of water for the entire joint water distribution facility,
which is estimated to be, and for purposes of determining gross indebtedness of each of said
municipalities in their respective debt statements pursuant to Section 15.10 of the Local Finance
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Law and therefore the amount to be allocated for the purpose of ascertaining each of the
respective municipalities’ debt contracting powers, shall be as follows:
Dryden $ 76,6000 3.83%
Ithaca $1,056,400 52.82%
Lansing (Town) $ 302,200 15.11%
Cayuga Heights $ 177,800 8.89%
Lansing (Village) $ 387,000 19.35%
Nothing in this section shall be deemed to be in conflict with or to supersede the provisions of
Section 5 of this resolution relating to the annual apportionment of the amount of principal and
interest on the bonds herein authorized to be issued as among said Towns and said Villages, nor
the manner of collection and payment of the amounts of annual debt service provided to be
apportioned annually by said Section 5. The Supervisors of said Towns and the Treasurers of
said Villages are hereby authorized and directed to act jointly to make application to the State
Comptroller for the allocation and apportionment of said joint indebtedness in accordance with
the provisions of this section and to perform all acts and furnish all information required in
connection with such application.
Section 4. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the serial bonds herein authorized will exceed five years.
Section 5. Subject to the provisions of the Local Finance Law and this section, the
power to authorize the issuance of and to sell joint bond anticipation notes in anticipation of the
issuance and sale of the joint serial bonds herein authorized, including renewals thereof, is
hereby delegated to the Supervisor of the Town of Ithaca, the chief fiscal officer of said Town
acting on his own behalf and on behalf of the chief fiscal officers of the Towns of Dryden and
Lansing and the Villages of Lansing and Cayuga Heights. Such joint bond anticipation notes
4 OHSUSA:750889686.1
shall be of such terms, form and contents and shall be sold by said Supervisor in such manner as
may be prescribed by a bond anticipation note certificate, as authorized by Section 30.00 of the
Local Finance Law; provided, however, that any bond anticipation notes so issued shall be the
joint indebtedness of said Towns and said Villages and shall be executed in the names of the
Town of Dryden, the Town of Ithaca, the Town of Lansing and the Village of Lansing and the
Village of Cayuga Heights, and shall be signed by the Supervisor of the Town of Dryden on
behalf of said Town and shall have affixed thereto the seal of the Town of Dryden, attested by
the Town Clerk of said Town; shall be signed by the Supervisor of the Town of Ithaca on behalf
of said Town and shall have affixed thereto the seal of the Town of Ithaca, attested by the Town
Clerk of said Town; shall be signed by the Supervisor of the Town of Lansing on behalf of said
Town and shall have affixed thereto the seal of the Town of Lansing, attested by the Town Clerk
of said Town; shall be signed by the Treasurer of the Village of Lansing on behalf of said Village
and shall have affixed thereto the seal of the Village of Lansing, attested by the Village Clerk of
said Village, and shall be signed by the Treasurer of the Village of Cayuga Heights on behalf of
said Village and shall have affixed thereto the seal of the Village of Cayuga Heights, attested by
the Village Clerk of said Village. The chief fiscal officer of the Town of Ithaca to whom is
hereby delegated the power to authorize the issuance of and to sell such joint bond anticipation
notes, shall file an executed copy of each such bond anticipation note with the finance board of
each of the aforesaid municipalities prior to the issuance of the bond anticipation note or notes
authorized by such certificate.
Section 6. The faith and credit of said Town of Dryden, Tompkins County,
New York; said Town of Ithaca, Tompkins County, New York; said Town of Lansing, Tompkins
County, New York; said Village of Lansing, Tompkins County, New York, and said Village of
5 OHSUSA:750889686.1
Cayuga Heights, Tompkins County, New York, are hereby jointly pledged for the payment of the
principal of and interest on said joint bonds as the same become due and payable. The principal
of said joint bonds and the interest thereon shall be apportioned annually among said Towns and
said Villages in accordance with the Intermunicipal Agreement hereinabove referred to in the
recitals of this resolution, on the ratio which the consumption of water from the system in each of
said municipalities bears to the full consumption from the entire inter-municipal water
distribution facility, such ratio to be annually determined in accordance with the aforesaid
Intermunicipal Agreement, the share of said principal and interest to be borne by the aforesaid
Towns, shall be annually assessed, levied and collected within said Towns as follows:
a) From the several lots and parcels of land in each of Water District No. 1, and
Snyder Hill, Monkey Run, Hall Road, Turkey Hill and Royal Road Water
Districts of the Town of Dryden, in the manner provided by law.
b) From the several lots and parcels of land in the Town of Ithaca Burdick Hill Road
Tank and N. Triphammer Road Water Main Water Improvement Areas newly
created hereby in proportion as nearly as may be to the benefit which each lot or
parcel of land therein will derive therefrom.
c) From the several lots and parcels of land in the Consolidated Water District
(including Consolidated Water District Extensions #1 and #2), in the Town of
Lansing, at the same time and in the same manner as other Town charges.
The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of
said principal and interest to be borne by said Village, as the same may become due and payable,
and the Village of Lansing shall annually levy and collect a tax sufficient to pay the share of said
principal and interest to be borne by said Village, as the same may become due and payable.
6 OHSUSA:750889686.1
If not paid from the aforesaid sources, all the taxable real property in said Town of
Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable real property
in said Town of Lansing, and all the taxable real property in said Village of Lansing, and all the
taxable real property in said Village of Cayuga Heights shall be jointly subject to the levy of an
ad valorem tax, without limitation as to rate or amount sufficient to pay the principal of and
interest on said bonds as the same become due and payable.
Section 7. The validity of such joint serial bonds and joint bond anticipation notes
may be contested only if:
1) Such joint bonds are authorized for an object or purpose for which said Towns
and said Villages are not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within twenty days after the
date of publication, or
3) Such joint bonds are authorized in violation of the provisions of the Constitution.
Section 8. Upon the adoption of this resolution by each of the aforesaid Towns and
the aforesaid Villages, and the publication thereof with the notice provided for herein, the Clerks
of each such Town and each such Village shall file with the Clerk of each of the other Towns
and of the Villages a certified copy of this resolution and a printer’s affidavit or affidavits, as the
case may be, of publication thereof with the required notice or notices, as the case may be.
Section 9. Pursuant to Section 15.00(m) of the Local Finance Law, the powers and
duties of advertising such joint bonds for sale, conducting the sale and awarding the bonds, are
hereby delegated to the Supervisor of the Town of Ithaca, Tompkins County, New York, who on
7 OHSUSA:750889686.1
his own behalf and on behalf of the chief fiscal officers of the Towns of Dryden and Lansing and
the Villages of Lansing and Cayuga Heights shall advertise such bonds for sale, conduct the sale,
and award the bonds in such manner as he shall deem best for the interests of the aforesaid
Towns and Villages; provided, however, that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any order or rule of the State
Comptroller applicable to the sale of municipal bonds. The receipt of said Supervisor shall be a
full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application
of the purchase money. All other matters except as provided herein relating to the joint serial
bonds herein authorized including the date, denominations, maturities and interest payment
dates, within the limitations prescribed herein and the manner of execution of the same shall be
determined by the Supervisor of the Town of Ithaca on behalf of the chief fiscal officers of the
Towns of Ithaca, Dryden and Lansing and the Villages of Lansing and Cayuga Heights. Such
bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the
Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to
those required by Section 51.00 of the Local Finance Law, as said Supervisor shall determine
consistent with the provisions of the Local Finance Law. Such joint serial bonds shall be in fully
registered form and shall be signed in the name of each Town and Village by the manual
signature of each respective chief fiscal officer and a facsimile of the corporate seal of each
Town and Village shall be imprinted thereon and shall be attested by the manual signatures of
each respective Town or Village Clerk. It is hereby determined that it is to the financial
advantage of each of the Towns and Villages not to impose and collect from registered owners of
such joint serial bonds charges for mailing, shipping and insuring bonds transferred or exchanged
8 OHSUSA:750889686.1
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local
Finance Law, no such charges shall be so collected by the fiscal agent.
Section 10. Any obligation issued under authority of this resolution shall contain on its
face a recital in substantially the following form: “This obligation evidences the joint
indebtedness of the Town of Ithaca, Tompkins County, New York, the Town of Dryden,
Tompkins County, New York, the Town of Lansing, Tompkins County, New York, the Village
of Lansing, Tompkins County, New York, and the Village of Cayuga Heights, Tompkins
County, New York.”
Section 11. Upon this resolution taking effect in and with respect to this Village, and
the adoption and taking effect of similar resolutions of the respective Town Boards and Village
Board of Trustees of the aforesaid Towns and Villages, the same shall be published in full in the
Ithaca Journal, the official newspaper, together with a notice of the Village Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
Section12. This resolution is adopted subject to permissive referendum in accordance
with Section 36.00 of the Local Finance Law and Article 9 of the Village Law.
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The question of the adoption of the foregoing resolution was duly put to a vote on roll
call, which resulted as follows:
_________________________________ VOTING ____________
_________________________________ VOTING ____________
_________________________________ VOTING ____________
_________________________________ VOTING ____________
_________________________________ VOTING ____________
The resolution was thereupon declared duly adopted.
* * * * *
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CERTIFICATION FORM
STATE OF NEW YORK )
) ss.:
COUNTY OF TOMPKINS )
I, the undersigned Clerk of the Village of Cayuga Heights, Tompkins County, New York
(the “Issuer”), DO HEREBY CERTIFY:
1. That a meeting of the Issuer was duly called, held and conducted on the 11th day of June,
2012.
2. That such meeting was a special regular (circle one) meeting.
3. That attached hereto is a proceeding of the Issuer which was duly adopted at such
meeting by the Board of the Issuer.
4. That such attachment constitutes a true and correct copy of the entirety of such
proceeding as so adopted by said Board.
5. That all members of the Board of the Issuer had due notice of said meeting.
6. That said meeting was open to the general public in accordance with Section 103 of the
Public Officers Law, commonly referred to as the “Open Meetings Law”.
7. That notice of said meeting (the meeting at which the proceeding was adopted) was
caused to be given PRIOR THERETO in the following manner:
PUBLICATION (here insert newspaper(s) and date(s) of publication – should be a date or dates falling prior to the date set forth above in
item 1)
POSTING (here insert place(s) and date(s) of posting- should be a date or dates falling prior to the date set forth above in item
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer
this 11th day of June, 2012.
_______________________________
Village Clerk
(CORPORATE SEAL)
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CERTIFICATION OF POSTING
STATE OF NEW YORK )
) ss.:
COUNTY OF TOMPKINS )
I, the undersigned Clerk of the Village of Cayuga Heights, Tompkins County, New York,
DO HEREBY CERTIFY:
That on the _____ day of June, 2012, I caused to be posted a Notice of Adoption of a
bond resolution dated June 11, 2012, at the following six (6) conspicuous public places in said
Village:
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
A true, correct and complete copy of such Notice of Adoption, in the exact form in which
the same was actually posted, is attached hereto and made a part hereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
Village this _____ day of June, 2012.
_____________________________________
Village Clerk
(CORPORATE SEAL)
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NOTICE OF ADOPTION OF RESOLUTION
NOTICE IS HEREBY GIVEN that the Board of Trustees of the Village of Cayuga
Heights, Tompkins County New York, at a meeting held on the 11th day of June, 2012, duly
adopted the resolution published herewith SUBJECT TO A PERMISSIVE REFERENDUM.
Dated: Cayuga Heights, New York,
June 11, 2012.
____________________________________
Village Clerk
BOND RESOLUTION DATED JUNE 11, 2012.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,000,000 JOINT
SERIAL BONDS OF THE VILLAGE OF CAYUGA HEIGHTS, THE
VILLAGE OF LANSING AND THE TOWNS OF LANSING, ITHACA AND
DRYDEN, ALL IN THE COUNTY OF TOMPKINS, NEW YORK, TO PAY
THE COST OF WATER SYSTEM IMPROVEMENTS FOR THE BURDICK
HILL ROAD TANK/N. TRIPHAMMER ROAD WATER MAIN PROJECT.
WHEREAS, the Board of Trustees of the Village of Cayuga Heights, Tompkins County,
New York, in conjunction with the Village of Lansing, and the Towns of Lansing, Dryden, and
Ithaca, has determined and agreed to participate in the provision of a joint water project for
construction of a new water tank at Burdick Hill Road and construction of a new water
transmission main at North Triphammer Road and to contract joint indebtedness therefor in
accordance with Section 15.00 of the Local Finance Law pursuant an Agreement of Municipal
Cooperation for Construction, Financing and Operation of an Inter-Municipal Water Supply and
Transmission System (the “Intermunicipal Agreement”); and
WHEREAS, the project hereinafter described has been determined to be an Unlisted
Action pursuant to the regulations of the New York State Department of Environmental
2 OHSUSA:750889686.1
Conservation promulgated pursuant to the State Environmental Quality Review Act, the
implementation of which as proposed, it has been determined will not result in any significant
environmental effects; and
WHEREAS, all other conditions precedent to the financing of the capital project
hereinafter described, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital project; NOW,
THEREFORE, BE IT
RESOLVED, by the Board of Trustees of the Village of Cayuga Heights, Tompkins
County, New York, if the within resolution in substantially identical form is adopted, approved
and made effective by the other participants in the aforedescribed Intermunicipal Agreement as
follows:
Section 1. For the specific object or purpose of paying the cost of water system
improvements consisting of (i) the construction of a new water tank at Burdick Hill Road, and
(ii) the construction of a new water transmission main at North Triphammer Road, there are
hereby authorized to be issued $2,000,000 joint serial bonds of the Village of Cayuga Heights,
Tompkins County, New York, together with the Towns of Ithaca, Dryden and Lansing and the
Village of Lansing, all of the County of Tompkins, New York, pursuant to the provisions of
Section 1 of Article VIII of the Constitution of the State of New York as amended and of Title
1A of the Local Finance Law.
Section 2. The maximum estimated cost of said water system improvements is
$2,000,000, which improvements are hereby authorized at said cost, and the plan for the
financing thereof is by the issuance of the $2,000,000 joint serial bonds authorized to be issued
pursuant to this bond resolution. The total amount of joint indebtedness to be contracted for said
3 OHSUSA:750889686.1
improvements is $2,000,000 and the amount initially estimated to be allocated and apportioned
to the Village of Cayuga Heights is $177,800.
Section 3. For the purposes of Section 15.10 of the Local Finance Law relating to the
allocation of joint indebtedness, the amount of joint indebtedness to be apportioned and allocated
to each of said Towns and Villages, shall be in the same proportion as the consumption of water
in each of the Towns of Dryden, Ithaca, and Lansing and the Villages of Cayuga Heights and
Lansing shall bear to the total consumption of water for the entire joint water distribution facility,
which is estimated to be, and for purposes of determining gross indebtedness of each of said
municipalities in their respective debt statements pursuant to Section 15.10 of the Local Finance
Law and therefore the amount to be allocated for the purpose of ascertaining each of the
respective municipalities’ debt contracting powers, shall be as follows:
Dryden $ 76,6000 3.83%
Ithaca $1,056,400 52.82%
Lansing (Town) $ 302,200 15.11%
Cayuga Heights $ 177,800 8.89%
Lansing (Village) $ 387,000 19.35%
Nothing in this section shall be deemed to be in conflict with or to supersede the provisions of
Section 5 of this resolution relating to the annual apportionment of the amount of principal and
interest on the bonds herein authorized to be issued as among said Towns and said Villages, nor
the manner of collection and payment of the amounts of annual debt service provided to be
apportioned annually by said Section 5. The Supervisors of said Towns and the Treasurers of
said Villages are hereby authorized and directed to act jointly to make application to the State
Comptroller for the allocation and apportionment of said joint indebtedness in accordance with
the provisions of this section and to perform all acts and furnish all information required in
connection with such application.
4 OHSUSA:750889686.1
Section 4. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the serial bonds herein authorized will exceed five years.
Section 5. Subject to the provisions of the Local Finance Law and this section,` the
power to authorize the issuance of and to sell joint bond anticipation notes in anticipation of the
issuance and sale of the joint serial bonds herein authorized, including renewals thereof, is
hereby delegated to the Supervisor of the Town of Ithaca, the chief fiscal officer of said Town
acting on his own behalf and on behalf of the chief fiscal officers of the Towns of Dryden and
Lansing and the Villages of Lansing and Cayuga Heights. Such joint bond anticipation notes
shall be of such terms, form and contents and shall be sold by said Supervisor in such manner as
may be prescribed by a bond anticipation note certificate, as authorized by Section 30.00 of the
Local Finance Law; provided, however, that any bond anticipation notes so issued shall be the
joint indebtedness of said Towns and said Villages and shall be executed in the names of the
Town of Dryden, the Town of Ithaca, the Town of Lansing and the Village of Lansing and the
Village of Cayuga Heights, and shall be signed by the Supervisor of the Town of Dryden on
behalf of said Town and shall have affixed thereto the seal of the Town of Dryden, attested by
the Town Clerk of said Town; shall be signed by the Supervisor of the Town of Ithaca on behalf
of said Town and shall have affixed thereto the seal of the Town of Ithaca, attested by the Town
Clerk of said Town; shall be signed by the Supervisor of the Town of Lansing on behalf of said
Town and shall have affixed thereto the seal of the Town of Lansing, attested by the Town Clerk
of said Town; shall be signed by the Treasurer of the Village of Lansing on behalf of said Village
and shall have affixed thereto the seal of the Village of Lansing, attested by the Village Clerk of
5 OHSUSA:750889686.1
said Village, and shall be signed by the Treasurer of the Village of Cayuga Heights on behalf of
said Village and shall have affixed thereto the seal of the Village of Cayuga Heights, attested by
the Village Clerk of said Village. The chief fiscal officer of the Town of Ithaca to whom is
hereby delegated the power to authorize the issuance of and to sell such joint bond anticipation
notes, shall file an executed copy of each such bond anticipation note with the finance board of
each of the aforesaid municipalities prior to the issuance of the bond anticipation note or notes
authorized by such certificate.
Section 6. The faith and credit of said Town of Dryden, Tompkins County,
New York; said Town of Ithaca, Tompkins County, New York; said Town of Lansing, Tompkins
County, New York; said Village of Lansing, Tompkins County, New York, and said Village of
Cayuga Heights, Tompkins County, New York, are hereby jointly pledged for the payment of the
principal of and interest on said joint bonds as the same become due and payable. The principal
of said joint bonds and the interest thereon shall be apportioned annually among said Towns and
said Villages in accordance with the Intermunicipal Agreement hereinabove referred to in the
recitals of this resolution, on the ratio which the consumption of water from the system in each of
said municipalities bears to the full consumption from the entire inter-municipal water
distribution facility, such ratio to be annually determined in accordance with the aforesaid
Intermunicipal Agreement, the share of said principal and interest to be borne by the aforesaid
Towns, shall be annually assessed, levied and collected within said Towns as follows:
a) From the several lots and parcels of land in each of Water District No. 1, and
Snyder Hill, Monkey Run, Hall Road, Turkey Hill and Royal Road Water
Districts of the Town of Dryden, in the manner provided by law.
6 OHSUSA:750889686.1
b) From the several lots and parcels of land in the Town of Ithaca Burdick Hill Road
Tank and N. Triphammer Road Water Main Water Improvement Areas newly
created hereby in proportion as nearly as may be to the benefit which each lot or
parcel of land therein will derive therefrom.
c) From the several lots and parcels of land in the Consolidated Water District
(including Consolidated Water District Extensions #1 and #2), in the Town of
Lansing, at the same time and in the same manner as other Town charges.
The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of
said principal and interest to be borne by said Village, as the same may become due and payable,
and the Village of Lansing shall annually levy and collect a tax sufficient to pay the share of said
principal and interest to be borne by said Village, as the same may become due and payable.
If not paid from the aforesaid sources, all the taxable real property in said Town of
Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable real property
in said Town of Lansing, and all the taxable real property in said Village of Lansing, and all the
taxable real property in said Village of Cayuga Heights shall be jointly subject to the levy of an
ad valorem tax, without limitation as to rate or amount sufficient to pay the principal of and
interest on said bonds as the same become due and payable.
Section 7. The validity of such joint serial bonds and joint bond anticipation notes
may be contested only if:
1) Such joint bonds are authorized for an object or purpose for which said Towns
and said Villages are not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or
7 OHSUSA:750889686.1
proceeding contesting such validity is commenced within twenty days after the
date of publication, or
3) Such joint bonds are authorized in violation of the provisions of the Constitution.
Section 8. Upon the adoption of this resolution by each of the aforesaid Towns and
the aforesaid Villages, and the publication thereof with the notice provided for herein, the Clerks
of each such Town and each such Village shall file with the Clerk of each of the other Towns
and of the Villages a certified copy of this resolution and a printer’s affidavit or affidavits, as the
case may be, of publication thereof with the required notice or notices, as the case may be.
Section 9. Pursuant to Section 15.00(m) of the Local Finance Law, the powers and
duties of advertising such joint bonds for sale, conducting the sale and awarding the bonds, are
hereby delegated to the Supervisor of the Town of Ithaca, Tompkins County, New York, who on
his own behalf and on behalf of the chief fiscal officers of the Towns of Dryden and Lansing and
the Villages of Lansing and Cayuga Heights shall advertise such bonds for sale, conduct the sale,
and award the bonds in such manner as he shall deem best for the interests of the aforesaid
Towns and Villages; provided, however, that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any order or rule of the State
Comptroller applicable to the sale of municipal bonds. The receipt of said Supervisor shall be a
full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application
of the purchase money. All other matters except as provided herein relating to the joint serial
bonds herein authorized including the date, denominations, maturities and interest payment
dates, within the limitations prescribed herein and the manner of execution of the same shall be
determined by the Supervisor of the Town of Ithaca on behalf of the chief fiscal officers of the
Towns of Ithaca, Dryden and Lansing and the Villages of Lansing and Cayuga Heights. Such
8 OHSUSA:750889686.1
bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the
Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to
those required by Section 51.00 of the Local Finance Law, as said Supervisor shall determine
consistent with the provisions of the Local Finance Law. Such joint serial bonds shall be in fully
registered form and shall be signed in the name of each Town and Village by the manual
signature of each respective chief fiscal officer and a facsimile of the corporate seal of each
Town and Village shall be imprinted thereon and shall be attested by the manual signatures of
each respective Town or Village Clerk. It is hereby determined that it is to the financial
advantage of each of the Towns and Villages not to impose and collect from registered owners of
such joint serial bonds charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local
Finance Law, no such charges shall be so collected by the fiscal agent.
Section 10. Any obligation issued under authority of this resolution shall contain on its
face a recital in substantially the following form: “This obligation evidences the joint
indebtedness of the Town of Ithaca, Tompkins County, New York, the Town of Dryden,
Tompkins County, New York, the Town of Lansing, Tompkins County, New York, the Village
of Lansing, Tompkins County, New York, and the Village of Cayuga Heights, Tompkins
County, New York.”
Section 11. Upon this resolution taking effect in and with respect to this Village, and
the adoption and taking effect of similar resolutions of the respective Town Boards and Village
Board of Trustees of the aforesaid Towns and Villages, the same shall be published in full in the
Ithaca Journal, the official newspaper, together with a notice of the Village Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
9 OHSUSA:750889686.1
Section12. This resolution is adopted subject to permissive referendum in accordance
with Section 36.00 of the Local Finance Law and Article 9 of the Village Law.
10 OHSUSA:750889686.1
LEGAL NOTICE OF ESTOPPEL
The bond resolution, a summary of which is published herewith, has been adopted on
June 11, 2012, and the validity of the obligations authorized by such resolution may be
hereafter contested only if such obligations were authorized for an object or purpose for
which the Village of Cayuga Heights, Tompkins County, New York, is not authorized to
expend money, or if the provisions of law which should have been complied with as of the
date of publication of this notice were not substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within twenty days after the date of
publication of this notice, or such obligations were authorized in violation of the provisions
of the Constitution.
A complete copy of the resolution summarized herewith is available for public
inspection during regular business hours at the Office of the Town Clerk for a period of
twenty days from the date of publication of this Notice.
Dated: Village of Cayuga Heights, New York
June 11, 2012.
Mary Mills
Town Clerk
BOND RESOLUTION DATED JUNE 11, 2012.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,000,000
JOINT SERIAL BONDS OF THE VILLAGE OF CAYUGA HEIGHTS,
THE VILLAGE OF LANSING AND THE TOWNS OF LANSING,
ITHACA AND DRYDEN, ALL IN THE COUNTY OF TOMPKINS,
NEW YORK, TO PAY THE COST OF WATER SYSTEM
IMPROVEMENTS FOR THE BURDICK HILL ROAD TANK/N.
TRIPHAMMER ROAD WATER MAIN PROJECT.
Specific object or purpose: Burdick Hill Road Tank/N. Triphammer Road
Water Main Project
Period of probable usefulness: 40 years
Maximum estimated cost: $2,000,000 (Village share: $177,800)
Amount of obligations to be issued: $2,000,000 joint bonds (Village share:
$177,800)
11 OHSUSA:750889686.1
SEQRA Status: Unlisted Action, Negative Declarat
12 OHSUSA:750889686.1
Time Warner Cable
Update on TCCOA Joint negotiations – VCH Franchise agreement expires Nov
2012
Discussion of external audit of TW contract
Access Oversight Committee – funding resolution (see supporting documents
following agenda – also “Other” on website)
TO Mayor Kate Supron, Village Trustees and Village Clerk
Village of Cayuga Heights
836 Hanshaw Road, Ithaca, NY 14850
by Email, hard copy follows
FROM: Wies van Leuken, Village of Cayuga Heights Representative
Cable Access Oversight Committee
1105 Highland Road, Ithaca, NY 14850, <pmv4@cornell.edu>, 257-3156
DATE May 16, 2012
RE: 2013 PEGASYS Budget/Cable Access Oversight Committee
Attached please find the Resolution of the Cable Access Oversight Committee of
May 8, 2012 with recommendations for the 2013 PEGASYS Capital Budget.
Also enclosed for reference is a Village Resolution from a previous year.
As you know, the City of Ithaca's Franchise Agreement with Time Warner Cable
requires that the three participating municipalities (The City of Ithaca, the Town of
Ithaca and the Village of Cayuga Heights)("Municipalities") approve a capital budget
for public, educational and governmental access operations ("PEGASYS") every
year by the end of June for the next fiscal year.
This capital budget is funded through the $.15/subscriber/month fee that is charged
to TWC subscribers in the participating communities. This "PEG Fee" goes directly
from the subscriber to TWC where it stays until the capital purchases are made. The
AOC drafts a budget for these purchases and submits it to the Municipalities for
review and approval. The Municipalities forward their decisions to the AOC. This
process allows subscribers, through their elected representatives, to have a say in
what happens to their PEG Fees.
The budget before you addresses the current equipment needs of community,
government and educational access. Every year we solicit proposals from the local
schools for equipment they need to show their programming on the educational
channel. We do the same for governmental entities that use the government
channel to cablecast their meetings and events. No proposals were brought before
the committee that were sufficiently developed to be included as line items in this
budget.
13 OHSUSA:750889686.1
Please let me know if you need further information from me. The Village's resolution
is due at the AOC no later than June 30, 2012, and can be Emailed to me at
<pmv4@cornell.edu>.
Attachments (3)
Cc. Access Oversight Committee
Mary Mills, Village Clerk
14 OHSUSA:750889686.1
Resolution
Access Oversight Committee
Tuesday, May 8, 2012
Approval of FY 2013 Budget
WHEREAS, Section 15.12 of the Franchise Agreement between the City of
Ithaca and Time Warner Entertainment-Advance/Newhouse Partnership (TWC)
of January 2003 requires the participating municipalities (City of Ithaca, Town of
Ithaca, Village of Cayuga Heights) to provide TWC with an annual budget for
public, educational and governmental access operations by June 30 of each
calendar year, and
WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the
Access Oversight Committee (AOC) to provide the participating municipalities
with a recommended annual budget by May 31 of each calendar year, now be it
RESOLVED, that the AOC accepted the attached capital budget for Fiscal Year
2013 in the amount of $31,000.00 at their regular meeting of May 8, 2012, and
BE IT FURTHER RESOLVED, that the AOC forwards their recommendations for
approval by the Common Council of the City of Ithaca, the Supervisor of the
Town of Ithaca and the Mayor of Cayuga Heights so that they may meet their
obligation to provide TWC with an annual budget for public, educational and
governmental access operation, which budget is due June 30 of each calendar
year.
Approved unanimously
15 OHSUSA:750889686.1
2013 PEGASYS Capital Budget
Approved by the Access Oversight Committee (AOC)
May 8, 2012
Replace Camcorder Fleet $15,000.00
Description: Five units @ $3,000.00 each. The current camera
fleet is 10 years old and heavily used. New cameras should record
to a tapeless medium and include professional audio and video
features. Files should interface smoothly with Adobe Premiere.
Camcorder accessories $3,000.00
Description: accessories such as batteries, cases, mike stands, cables
Tripods $3,000.00
Description: Five units
Contingency Fund $10,000.00
Description: The PEGASYS studio has a great deal of
equipment that is 8-15 years old, and will need replacement as
it fails.
TOTAL $31,000.00
16 OHSUSA:750889686.1
SAMPLE
Resolution approved at the Meeting of the Board of Trustees, Village of Cayuga
Heights, June __, 2012
Move to pass Resolution _____ adopting the 2013 PEG Access Studio Capital Budget
Whereas the Franchise Agreement between Time Warner Entertainment and the Village of
Cayuga Heights authorizes Time Warner Entertainment to collect $0.15 per subscriber per
month to be used for the purchase of equipment for the PEG Access Studio; and
Whereas the total capital budget for the life of the ten-year agreement was estimated to be
$200,000;
Whereas the Franchise Agreement outlines the creation of an Access Oversight Committee
which shall be responsible for approving the timing, use and amount of PEG access
equipment acquired each year over the term of the agreement; and
Whereas the Access Oversight Committee has approved a 2013 capital budget in the
Amount of $31,000.00; and
Whereas the Franchise Agreement states that participating municipalities, including the
Village of Cayuga Heights, must adopt the annual PEG Access Studio budget by June 30
of the preceding year; now therefore be it
Resolved that the Board of Trustees of the Village of Cayuga Heights adopts the 2013 PEG
Access Studio budget as approved by the Access Oversight Committee.
17 OHSUSA:750889686.1
Gas Drilling
Amicus Brief (see supporting documents following agenda – also “Other” on
website)
Discussion of VCH resolution NYS Senate Bill S4616 – Assembly Bill A7013 (see
supporting documents following agenda – also “Other” on website)
Press release – Martha Robertson, Chair of Legislature (see supporting documents
following agenda – also “Other” on website)
18 OHSUSA:750889686.1
19 OHSUSA:750889686.1
RESOLUTION OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF CAYUGA HEIGHTS
TO APPROVE BECOMING AN AMICUS CURIAE
IN ACTIONS INVOLVING MUNICIPAL HOME RULE
PENDING BEFORE NEW YORK STATE APPELLATE COURTS
June 11, 2012
WHEREAS, the Towns of Middlefield and Dryden have recently revised their
zoning laws to prohibit heavy industrial uses (including natural gas drilling) in their
communities and such laws have been challenged in court by opponents claiming that the
Towns do not have the power to regulate natural gas drilling as a land use; and
WHEREAS, the Town of Ulysses has filed an amicus curiae or “friend of the
court” brief in both lawsuits in support of its sister Towns in order to reassert the right of
municipalities throughout New York State to determine what land uses are appropriate
through the municipal home rule powers granted by the New York State Constitution and
the New York Municipal Home Rule Law; and
WHEREAS, the Town of Ulysses will file another amicus brief when these
lawsuits are appealed to New York appellate courts and has requested that other
municipalities in New York State consider joining the Town of Ulysses’ brief as a
powerful statement to the appellate courts, the New York State Department of
Environmental Conservation, and the New York State Legislature about the importance
of protecting municipal home rule in New York State and a municipality’s right to
decide, for itself, whether natural gas drilling—or any other land use for that matter—is
appropriate for its citizens.
NOW, THEREFORE, BE IT RESOLVED that:
1. The Board of Trustees hereby determines that it is in the public interest of
the citizens of the Village of Cayuga Heights to support municipal home rule by joining
in the Town of Ulysses’ amicus brief to the appellate courts.
2. The Board of Trustees does hereby authorize and direct the Mayor to
complete or cause to be completed any and all such further documents and papers in the
name and on behalf of the Village of Cayuga Heights as the Mayor deems necessary or
appropriate to carry into effect the foregoing resolution.
3. The Village Clerk will send a certified copy of this adopted resolution to
the Town of Ulysses, 10 Elm St., Trumansburg, NY 14886.
20 OHSUSA:750889686.1
RESOLUTION SUPPORTING PASSAGE AND ENACTMENT OF NY STATE SENATE BILL
S4616 (AVELLA)/NY STATE ASSEMBLY BILL A7013 (SWEENEY), TO AMEND THE NY
ENVIRONMENTAL CONSERVATION LAW IN RELATION TO THE UNIFORM TREATMENT
OF WASTE.
Whereas NY State Senator Avella has introduced bill S4616 and NY State Assemblyperson
Sweeney has introduced bill A7013, which is the same bill, and is entitled “An act to amend
the environmental conservation law, in relation to the uniform treatment of waste”; and
Whereas this bill would amend Section 27‐0903 of the New York State Environmental
Conservation Law with the intent to require hazardous wastes as defined by ECL 27‐
0901(3) produced from oil and natural gas activities to be subject to the requirements for
treatment of hazardous wastes; and
Whereas the oil and gas industry currently enjoys exemptions from New York State laws
governing hazardous waste transport and disposal. Though a great deal of the wastewater
generated by hydraulic fracturing meets the state definition of hazardous, it is not currently
required to be treated as such; and
Whereas the oil and gas industry is not required to disclose the chemicals used in the
hydraulic fracturing process but the following chemicals are often found in waste water
resulting from the hydraulic fracturing process: benzene, toluene, formaldehyde, salts,
heavy metals, and radioactive particles; and
Whereas closing this exemption loophole will require hydraulic fracturing flowback and
produced water to be monitored through a manifest system and that extra safeguards will
be in place to avoid accidents and ensure proper waste treatment; and
Whereas such a designation will keep fracking wastes out of municipal treatment plants
and the waterways leading to sources of drinking water;
Therefore, Be It Resolved that the Village of Cayuga Heights Board of Trustees supports
the immediate passage of the New York State Senate bill S4616 and New York State
Assembly bill A7013 and the immediate signing of the legislation by the Governor of the
State of New York; and
Further Resolved that this resolution be sent to Governor Andrew Cuomo, NY Senate
Majority Leader Dean Skelos; NY Senate Minority Leader John Sampson, NY Assembly
Speaker Sheldon Silver; NY Senators O’Mara, Seward, Nozzolio, Avella, Squadron, Kreuger,
Perkins, Peralta and Serrano, NY Assemblypersons Sweeney and Lifton, US Representatives
Maurice Hinchey and Richard Hanna, US Senators Kirsten Gillibrand and Charles Schumer,
and to the NY DEC Commissioner Joseph Martens and US EPA Region 2 Director, Judith
Enck.
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