Loading...
HomeMy WebLinkAboutSpec Mtg. Minutes 12/28/1955Ad Minutes of Special Meeting of the Village Board held on Wednesday, December 28, 1955 at 5 P. M. at the Village Office. PRESENT: Mayor Henry J. Shirey, Trustees James R, Simpson, T. P.Wright, H. H. Williams and T. F. Sharp. ABSENT: Trustees N. A.Christensen and F. G. Marcham. ALSO PRESENT: Engineer Carl Crandall, Treasurer F. M. Upchurch and Village Attorney Charles H. Newman 1. The bills were approved for payment as listed on Schedule 8 and 8S attached, 2. The Mayor noted that the sewer service agreement between the City of Ithaca and the Village expires on December 31st,1955• The.Clerk was instructed to write a letter to the City Clerk stating that he had been authorized to request an ex- tension of the sewer service on the same basis for the calendar year 1956,'and to also note that this would provide service for the Village during the construction period of the'proposed sewer system extension contemplated completion date of which is January 1, 1957• IT WAS VOTED RESOLVED that the Mayor and Clerk be authorized to sign a sewer service agreement with the City on the above noted basis. The Mayor reported nominating committee for the Village Election in March as follows: W. C. Geer, Chairman, James F. O'Conner, General Ralph Hospital and Dr..Dale Pritchard. The Mayor noted that the new.;aspirantfor town assessor, Ben Boynton would likely be.present at the village assessment meeting upon his invitation so that he can become familiar with the village procedure in assessment. 3. Engineer Crandall went over the "Basic Principles Affecting Distribution of Costs and Expenses of Sewers and Sewage Disposal System among Owners of Real Property in the Village" under date of December 22nd and with the .sug- gestions of the Trustees, arrived at some modifications of this statement. This revised statement is included in the minutes of this meeting and reads as follows: %% (Insert) �� �Wi i ?e �LW� -✓� IT WAS MOVED by Trustee Williams, seconded by Trustee Sharp and approved unanimously RESOLVED that the Trustees approve the above "Basic Principles" statement as a pro- cedure for distribution of costs and expenses and also that this resolution hereby supersedes any previous resolutions in connoction to it. 4. Attorney Newman explained the procedures that might .be, used in handling the bond issue under different methods of assessing the cost and expenses and partic- ularly under the procedure outlined in the above stated "Basic Principles" where- by a bond resolution for the Treatment Plant would be subject to permissive refer - endwn under Section 139, a, of the Village Law and a bond resolution for the sewer extension proposing that the expense be jointly to the village and the benefited real property was not subject to referendum. After a full discussion and due consideration of resolutions prepared by , the New York Firm of Attorneys Vandewater, Sykes, Heckles & Galloway -- The following resolution was offered by Trustee Simpson, who moved its adoption, seconded by Trustee Williams, to -wit: B014D RESOLUTION DATED DECEMBER 28, 1955• 12T A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A SEWAGE TREATMENT PLANT AND APPURTENANCES FOR THE VILLAGE OF CAYUGA }EIGHTS, T014PKINS COUNTY, NEW YORK, AT A 14AXIMUM ESTIMATED COST OF $269,000, AND AUTHORIZING THE ISSUANCE OF $269,000 SERIAL BONDS OF SAID VILLAGE TO PAY THE COST THEREOF. p BE IT RESOLVED, by the Board of Trustees of the Village of Cayuga Heights, �p�1 Tompkins County, New York, as follows: `�� Section 1. The construction of a sewage treatment plant for the Village of Cayuga Heights, Tompkins County, New York, including land or rights in land, original furnish- ings, equipment, machinery and apparatus, is hereby authorized at a maximum estimated cost of $269,000. Section 2. The plan for the financing of the maximum estimated cost of such spacific object or purpose is by the issuance of serial bonds of said Village hereby authorized to be issued pursuant to the Local Finance Law. Section 9. It is hereby determined, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of such specific object or purpose is thirty years,'and that the proposed maturity of the bonds herein authorized will be'in excess of five years. Section 4. Sewer rents shall be established and imposed for the use of the sewage treatment plant herein authorized, and it is hereby estimated that said sewage treat- ment plant will be-self-sustaining. Pursuant to item (b) of subdivision 3 of paragraph d of Section 107.00 of the Local Finance Law, no down payment is required in connection with the issuance of the bonds heroin authorized or bond anticipation notes. Section 5. The faith and credit of said Village of Cayuga Heights, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such ob- ligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest.on such obligations becoming due and payable in such year. Section F. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and content's, and shall be sold in such manner as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Laic. Section 7. The validity of such bonds may be contested only if: 1) Such bonds are authorized for an object or purpose for which the Village of Cayuga Heights, New York, is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publica- tion 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 such publication, or. 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 8. This resolution is subject to permissive referendum. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Henry J. Shirey VOTING Aye James R. Simpson VOTING Aye. Harold H. Williams VOTING Aye 124 Theo F. Sharp VOTING Aye Theodore P.Wright VOTING Aye The following resolution was offered by'Trustee Simpson, who moved its adoption, , seconded by Trustee Williams, to -wit: BOND RESOLUTION DATED DECEMBER 28, 1955• A RESOLUTION AUTHORIZING THE CONSTRUCTION OF AN ADDITION TO THE'SANITARY SEWAGE COLLECTION SYSTEM OF THE VILLAGE OF CAYUGA HEIGHTS, TOMPKINS COUNTY, ` NEW YORK, AT A MAXIMUM ESTIMATED COST'OF $4810000, AND AUTHORIZING THE ISSUANCE .1 OF $481,000 SERIAL BONDS OF SAID VILLAGE TO PAY THE COST THEREOF. BE IT RESOLVED, by the Board of Trustees of the Village of Cayuga Heights, Tompkins County, New York, as follows: Section 1. The construction of an addition to the sanitary sewage collection system'of'the Village of Cayuga Heights, Tompkins County, New York, including land or rights in land, original furnishings, equipment, machinery and apparatus, is hereby authorized at a maximum estimated 'cost of $481,000. Section 2. The-plan for the financing of the maximum estimated cost of such specific object or purpose is by the issuance of $481,000 serial bonds of said Village hereby authorized to be issued pursuant to the Local Finance Law. Section 3. It is hereby determined, pursuant to subdivision 44 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of such specific object or purpose is thirty years, and that the proposed maturity of the bonds herein authorized will be in excess of five year's. , Section 4. Pursuant to Section 263 of the Village Law, it is hereby determined I that said object or purpose shall be constructed at the joint expense of the Village and of benefited real property. Five per centum of the maximum estimated cost there- \, o£ shall be assessed upon the Village at large and ninety -five per centum of said Xmaximum estimated cost shall be assessed upon benefited real property. Pursuant to item (i) of subdivision 3 of paragraph d of Section 107,00 of the Local Finance law, no down payment is required in connection with the issuance of the bonds herein authorized or bond anticipation notes. Section. The faith and credit of said Village of Cayuga Heights, New York, are herehy irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. Subject to the provisions of the'Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold, in such manner as may be prescribed by said Village Treasurer,'consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds may be contested only if: 1)Sueh bonds are authorized for an object or purpose for which the Village of Cayuga Heights, New York, is not authorized to expend money, or 2)The provisions of law which should be complied with at the date of publication 141 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 such publication,.or _1 i 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 8, This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, together with a notice of the Village Clerk in substan- tially the form provided in Section 81.00.of the Local Finance Law: :.. The'cuesti:on of .the adoption of the foregoing resolution was.duly nut, to a vote on roll call, which'_resulted as follows: Fenny J.'Shirey : VOTING' aye .James R. Simpscn VOTING Aye Harold e.Williams VOTING Aye Theo F.'Sharp VOTING Theodore P. Wright VOTING Aye The resolution was thereupon declared duly adopted. 5. Adjourned.at 6:43 P.M. W.S. Randel Clerk