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HomeMy WebLinkAboutSpec Mtg. Minutes 6/29/1964VOTED to accept Annual Report of Treasurer as presented and place it on file. RESOLUTION 543 - AUTHORIZED. AUDIT , VOTED to authorize auditing of Village Books for period 6/1/63. - 5/31/64 by Auditor Paul Bradford. RESOLUTION 544 - INVEST SURPLUS FUNDS. JVOTED to authorize Treasurer to invest surplus funds in Treasury Bills, in accordance with procedure under the Village Law. RESOLUTION 545 -,TRANSFERS APPROVED VOTED to approve the foll.owingtransfers in appropriations: From General Fund to Special Reserve Fund Sewer and Water - Amount $262.72 (Gentle Sewer) In General Fund from A -74 -100 ( Personal Services) to A -74 -440 (Contract Services) $750.00 . RESOLUTION 546 - TREASURER TO FILE ANNUAL'.FINANCIAL REPORT VOTED resolved to instruct the Treasurer to file the Annual Financial Report in Clerk's Office on or before July 30, 1964; and Clerk to publish it within 10 days of filing (V.L. Sec 81) September 21, 1964 date of next regular meeting. Meeting adjourned 11:25 P.M.. U „�) �t�►�IQ ��( Vera W. Snyder) G Village Clerk MINUTES of a Special Meeting of the Board of Trustees.of the Village of Cayuga Heights held on June 29, 1964 at 5:00 P.M. in the Village Office': PRESENT: Mayor Frederick G. Marcham Trustees John B. Bebbington, Jr. Robert T. Dean David C. Weatherby Gordon B..Wheeler Leroy K. Young Guest T. G. Miller, Jr. Consulting Engineer VOTED approval of Abstract of Audited Vouchers. dated June 29, 1964 in the following amounts: General Fund $4,565.56,. Sewer Fund.41,025.26, Capital Fund $300.50. T. G. Miller, Jr., Consulting Engineer on the Additions and Alterations of the Sewage Plant made a report on.the status of the work and requested approval of extra work items.totalling $30255.00.which is within the amount allowed for contingencies. Approval of these items would make total for extra work of $10,511-20., • 6 He also presented Estimate #8 of M. A. Bongiovanni, Inc. in the net amount of $82111.70 and recommended payment. He also stated work is 97.44% complete. RESOLUTION 547 - EIGHTH PAYMENT ON SEWAGE PLANT VOTED resolved to authorize payment of the Eighth Estimate, less lO%P to M. A. Bongiovanni, Inc. or net amount of $8,111.70. dE 9F * iE RESOLUTION 548 - EXTRAS - SEWAGE PLANT VOTED to authorize Consulting Engineer Miller to proceed,'to order -the.:following extra -work itemst.:.Extra. paving" - i$600;•cFencing of plant not to exceed $2080-00," �iFat* RESOLUTION 549 - TENTATIVE AUTHORIZATION V6=- to tentatively authorize Consulting Engineer Miller to expend $75 to provide additional ventil %ation in the boiler room. *iF *aE Mayor Marcham presented Standard Contract for Water Services as prepared by the City of Ithaca and which included the rate at one and one -half (41) . ' times the rate payable by water users in the City and a sentence clarifying the sharing of cost of capital improvements inserted by Attorney Sovocool as follows: "The City to continue its present policy of not including in its water rate the cost of any capital improvements in any water district outside the City of Ithaca." RESOLUTION 550,- WATER CONTRACT VOTED to authorize the Mayor to sign the Water Contract with the City of Ithaca as presented to the Board. STANDARD CONTRACT FOR WATER SERVICES T H I S A G R E E M E N T Made as of the 1st day of July Nineteen hundred and Sixty -four, BETWEEN THE CITY OF ITHACA, a municipal corporation in Tompkins County, New York, (hereinafter referred to as the "City")., party of the first part, and Villa e of Cayuga Heights , a municipal corporation in Tompkins County) New Yorks hereinafter referred to'as.the Village ), on behalf of the Water District, a duly established Water District in said (Town) (Village) (hereinafter referred to as the "District ")) party of the second part, U� MER- WITNESSETH: That WHEREAS, the City owns and operates a municipal water works, including properties and equipment for the collection, purification, storage and distribution of potable water, and WHEREAS, the Village desires to contract with said City for the supply of water to water consumers in the Village , NOW, THEREFORE, in consideration of the sum of One Dollar and other good and sufficient consideration paid by each of the parties hereto to the other and in further consideration of the mutual covenants and agreements hereinafter, contained, IT IS AGREED AS FOLLOWS: 1. The City hereby agrees to sell and furnish to the Village the necessary water for a potable water supply for domestic and fire purposes in the Water District, which District is outlined on a map thereof made by and dated , of which a copy is filed with the City, File No. , and to which copy reference is hereby made. 2. The Water so furnished shall be supplied through the existing mains used for that purpose, together with such other connecting mains as may hereafter be installed. The mains now supplying water are as shown on the above - desbribed map, as amended to date. 3. The responsibility of the City of Ithaca for the maintenance and use of mains shall end at the City Line of said City. All mains, hydrants, ' service lines and appurtenances thereto lying within the District owned by the District shall be in all respects the responsibility of the (Tewn)(Village). All facilities owned by the City shall be in all respects the responsibility of the City. It is understood and agreed, however, that is either party to this agreement shall discover a defect or leak in any main, hydrant, or appurtenance, it will promptly notify the other party, and the City shall thereupon make the necessary repairs to any broken or leaking lines or appurtenance, and the (Village) (hewn) shall reimburse the City for the cost thereof and an additional charge for overhead expenses as established from time to time by the Board of Public Works except no additional charge for overhead expenses shall be charged for repairs to facilities owned by the (Village) (Tewn). It is understood and agreed that the City shall have the right to shut off the water during such periods as may be reasonably necessary to prevent the waste of water until such repairs may be completed. In the event that the necessary repairs involve major replacement or reconstruction, the City shall estimate the cost of such replacement or reconstruction and shall not proceed with the work until ordered to do so by the Village : the Village reserves the right to do such reconstruction or make such replacement either with its' own employees or by contract with others if it shall so elect, but any such work done by any person or corporation other than the City, shall be under the supervision and subject to the approval of the City or its' authorized officer or employees. The parties shall cooperate fully in the giving of notices required by this paragraph and the execution of work hereunder. In the event that the City, ' by reason of emergency conditions, lack of equipment or personnel shall be unable promptly to make any required repairs, it shall so notify the Village as promptly as may be reasonably possible, and the Village may thereupon NM INM proceed to perform such work or contract for its' performance. Leaks in consumer's services pipes and repairs thereto shall be governed by the rules ® and regulations of the Board of Public Works and all such rules shall apply to the same effect as if such consumer were within the City of Ithaca and the charges for any such repairs made by the City shall be added to and become a part of the consumers' bills to be collected in the same manner as other charges billed to consumers under the provisions of this contract. 4. Additional services, beyond those now in use, shall be permitted only within the water district as now constituted subject to the provisions of Section 5 -41 of the Ithaca City Charter and paragraph 10 of this agreement and all such connections and additional services shall be in conformity with the rules of the Board of Public Works of the City of Ithaca governing service connections. The City shall assume no additional expense in extending water_, for such additional services. 5. The City shall read all consumers' meters and bill all consumers; such bills may be paid by consumers at the office of the City Chamberlain. Notirith- standing the reading of meters and billing by the City and the use of consumers' meters for determing the amount of water sold by the City, all such water shall be deemed to have been sold to the (Village) (Town) and such reading and billing direct to the consumer shall in no way affect the liability of the (Village) (dews) under this contract. Meters shall be furnished by and shall be the property of the City, under the same conditions and the same fees as to users within the City. ' 6. The (Village) (Town) hereby agrees to pay to the City for water furnished under this contract the total of all bills rendered to consumers for metered water, which bills shall be computed at the rate of one and one -half (1z) times the rate payable by water users in the City of Ithaca, as the same is determined from time to time. It is the understanding of the parties to this contract that the object of the rate is to charge each consumer as nearly as possible the actual cost of furnishing services, the (Tewn) (Village) paying a higher rate to compensate the City for its capital investment. All payments made by consumers shall be credited against the amount for which the (Village) (Tewn) shall be liable hereunder. On or before the 31st day of October in each year, the City shall certify to the(Village) (Tewa) all bills for water service or other proper charges delinquent 90 days or more as of October 15th, and the total amount of such delinquent bills shall be paid to the City by the (Village) (Tewn) on or before the lst day of March next succeeding. The rules and regulations of the Board of Public Works of the City shall apply to delinquent consumers' bills within the (Village) (Pletr #et) , and the City agrees to follow the same policy and procedure as that currently applied to consumers within the City with reference to the shutting off of water for delinquencies, The City to continue its present policy of not including in its water rate the cost of any capital improvements in any water district outside the City of Ithaca. 7. The (Village) (Tewn) on behalf of the District also agrees to pay to the City of Ithaca the sum of $75.06 per annum, for each hydrant installed within the limits of said (Village) (Distr #et) In the event that the (Village) (B#str #et) by proper ordinance, rule or regulation„ shhll apportion the charge for such hydrants to individual consumers, and shall certify such apportionment to the City, the City agrees to include such hydrant charge, as so apportioned, in the bill rendered by it to consumers for metered service; Y\ \\�\ 51 in which event such charge shall be considered a part of the bill and delinquencies shall be charged to or paid by the (Village) News) in the same manner as other delinquent bills. It is agreed that no water shall be used from hydrants except for fire purposes, except such hydrant operations as may be carried on by employees of the City for flushing and other pur- poses. It is agreed that the (Village) (B#etr #et) shall eliminate all dead ends as soon as may be practicable, in order that the waste of water required for flushing may be eliminated. No charge for water so used through hydrants shall be made in addition to the hydrant charge hereinabbve mentioned, 8. The City agrees to operate all valves, service all hydrants (not including repairs) and do necessary flushing of mains without additional charge for water used in such operations. The I agrees to pay all le on charges involved in flushing said mains. The City also agrees to operate and maintain all pumping stations and storage tanks, at the option of the district, for which service the Village agrees to reimburse the City. 9. The City shall have the right to use the mains, pumping station -and other appurtenances of the Village to distribute water to other persons or districts not in the Village at no cost to the City upon the written consent of the (Village) (Wews). The (Village) (Bistriet) will not be eopardized as to quantity of water available for use by that (Village) B#etriet) or penalized by additional pumping charges. 10. The City agrees that it will furnish water from the same potable water supply as that used within the City. This contract shall in all respects ' be deemed subject to the following provisions of Section 142 of the Ithaca City Charter: " ............. the board ( of public works) shall not sell or permit the use of water under this section if or when thereby the supply or pressure for the City or any of it's inhabitants will be insufficient." And the City shall not be liable for any act done by it in pursuance of the provisions of such section. In the event of any water shortage that may be reasonably anticipated by the City, the City agrees to notify the (Village) Town promptly of such anticipated shortage to the end that the (Village, ('Pews may have a reasonable time to procure an alternate source of supply, and until such alternate source may be procured by the (Village) (Tewa), the City agrees to exercise reasonable diligence in continuing an c: adequate supply of water. 11. The rules and regulations of the Board of Public Works of the City, relating to water and water service within the City of Ithaca, as now existing or from time to time amended, shall be deemed to be a part of this contract and shall be binding upon the (Village) (Tewa) and all consumers within the (Village) (B#strtet) except insofar as such rules and regulations may be inconsistent with the express provisions of this contract. All installations of plumbing by any consumer within the (Village) (B#strlet) shall be in conformance with the Plumbing Code of the City and all such plumbing shall be inspected by the Plumbing Inspector of said City in the same manner as if the premises served were located within the City, and the fees for such inspection shall be collected in the same manner as other charges against consumers hereinabove specified. ' 12. This contract shall be in force for twenty years from the date.hereof. If a water district if formed which both parties may join and either party hereto wishes to be made a part of such district, this contract may be ' terminated upon either party giving 90 days notice of such termination in writing delivered to the other party and upon the expiration of such, this contract shall become null and void and of no force whatsoever. 13. This contract is subject to the approval of the Water Power and Control Commission of the State of New York. In the event that an appeal shall be made to such Commission by or on behalf of any water District obtaining water from the City of Ithaca, and if such appeal be sustained, this contract shall conform to the most favorable clause of any contract modified in accordance with the decision of such Commission insofar as the facts upon which such decision is based exist with reference to this District and thereby entitle this District to the same consideration. IN WITNESS WHEREOF the parties have caused their corporate seals to be hereunto affixed, and these presents to be signed by their duly authorized officers as of the day and year first above written. THE CITY OF ITHACA BY Mayor ATTEST: BY ATTEST: BY STATE OF NEW YORK ) SS COUNTY OF TOMPKCNS ) On this day of , Nineteen hundred and sixty -four before me personally came to me personally known, who, being by me severally duly sworn, each for himself did depose and say that he, , is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the above instrument, and that he, , is the City Clerk thereof; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Public Works of the City of Ithaca, and that they signed their names thereto by like order. Notary Public 1 A am M STATE OF NEW YORK ) SS: COUNTY OF TCMPKINS ) ' On this lst day of July, Ninet6en hundred and sixty -four before me personally came.F. G. Marcham and Vera W. Snyder to me personally known, who, being by me severally duly sworn, did each for himself depose and say that he F. G. Marcham is the Mayor of the Village of Cayuga Heights, the municipal corporation described in and which executed the above instrument, and that she, Vera W. Snyder, is the Clerk thereof; that they know the seal of said corporation; that the seal affixed to said instrument in such corporate seal; that it was so affixed by order of the Board of Trustees of the Village of Cayuga Heights and that they signed their names thereto by like order. Notary Public RESOLUTION 551 - RESIGNATION - TRUSTEE WHEELER VOTED to accept resignation of Gordon B. Wheeler effective as of July 1, 1964.as Trustee of the Village of Cayuga Heights and to thank him for services rendered to the Board since April 1, 1961. *�F *fit RESOLUTION 552 - APPOINT NEW TREASURER VOTED to appoint Gordon B. Wheeler to the position of Treasurer in place of Frederic M. Upchurch, resigned, at an annual salary rate of $3,700, payable monthly. RESOLUTION 553 - NEW TRUSTEE VOTED to appoint Mrs. Katherine Ensworth as Village Trustee until the end of official year 1965 to fill the unexpired term of Gordon B. Wheeler. RESOLUTION 554 - CORRECTION TO TWELVE MONTH REPORT VOTED to substitute corrected page 7 as offered by the Treasurer to correct certain bookkeeping errors on page 7 of the Treasurer's Twelve Month Report. (Note: Corrected Schedule 7 - Town of Ithaca & GLF (pole barn) $10,311.25 corrected to $5,074.00 and T. G. Miller, Jr. $18,295.75 corrected to $23,533.00, leaving the total expenditures the same. Corrected Schedule 8 - Deposits under TOTAL COLUMN of $5)566.35 corrected to $7,155.13; under Social Security Fund $4,067.33 corrected to $5,556.11 and under Street Opening Deposits $800.00 corrected to $900.00; thus TOTALS across were $7,619.67 in first column, $5,765.52 in second column and $1,085.20 in fourth column. Withdrawals corrected to $7,094.44 in first column; $5,525.49 in second column and $800.00 in ' fourth column. Bank Balance 5/31/64 corrected to $525.23 in first column; $240.03 in second column and $285.20 in fourth column.) loom RESOLUTION 555 - PURCHASE ENVELOPES VOTED to authorize the Clerk to purchase 4,000 large envelopes and 3,500 small window envelopes all stamped and printed at a total cost of $449.35•. RESOLUTION 556 - PAINTING VOTED to authorize the Clerk to have the office, store room, hall and lavatory painted. RESOLUTION 557 - TREE WORK VOTED to authorize New York State Electric & Gas Corporation to do necessary work on trees on'the Village °.right -of -way to make clearance for their lines and to inform property owners adjacent to the•Village:3 property. it iE �t iF RESOLUTION 558 - LAWN MOWER VOTED to authorize Mayor to purchase lawn mower ate cost not to exceed $150.00. �t iE at RESOLUTION 559 - SEWER UNIT REFUND VOTED to refund $48.00 sewer unit charge to David L. Call, 108 Comstock Road, since there is no apartment in his haste. RESOLUTION 560 - SEWER UNIT REFUND VOTED to refund $72.00 sewer unit charge to Robert Earle, 112 Kay Street, (Hanshaw Road Sewer District) since the apartment is not rented and is now used by family. RESOLUTION 561 - TRANSFER OF FUNDS VOTED to transfer from General Fund, A- 290 -650 Contingent Account to A- 290 -676 Fire Equipment Reserve, $2,003.41 and deposit same to Fire Equipment Reserve savings account. Adjourned at 6:35 P.M. 61el �/ 64 Vera W. Si r ' 1a Village Clerk