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HomeMy WebLinkAbout1979-07-10 PUBLIC HEARING July 10 , 1979 Aged Exemption Minutes of the public hearing held by the Town Board on the 10th day of July commenced at 7 : 30 PM Present : Supv Cotterill , Clw Graham , Clm Metzger , Clm Webb , Clm Tarr , Atty Perkins Z . O . Stewart Supv Cotterill read the notice that was published in the newspaper stating the purpose o f said hearing was to consider the increase of income limitation for the 50 percent tax exemption for real property owned by persons 65 years of age or older from $ 7200 to $ 8000 . QUESTIONS AND / OR COMMENTS RESOLUTION # 103 INCREASE INCOME LIMITATION AGED EXEMPTION Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board of the Town of Dryden increase the income limitation from $ 7200 to $ 8000 for 50% tax exemption for real property owned by persons 65 years o f age or older . 2nd Clm Tarr Roll call vote - all voting YES Closed public hearing ; 7 : 40PM TOWN BOARD MEETING July 10 , 1979 Minutes of the Town Board meeting held on July 10th Supv Cotterill called the meeting to order at 7 : 40PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clw Graham , Clm Metzger , Clm Webb , Clm Tarr , Atty Perkins and Z . O . Stewart . Assemblym n Sam , McNeil Approval of the minutes : Clm Metzger made tRe motion and 2nd by Clm Tarr that the minutes of the Town Board meeting held on June 12th be approved as submitted . COUNTY BRIEFING Co Rep Tillapaugh was concerned about the County Youth Bureau . There is a tremendous lack of attendance to the meetings , also people are not being appointed to the vacancies as they occur . There are about 7 active members out of 21 . The Town of Dryden does have an active member (Mr David Morrissey ) . The Village of Dryden does not have an active participant at this time . Co Rep Tilliapaugh was wondering about a new law requiring a municipality to pass a ✓ eferendum allowing games of chance sponsored by a charitable organization . Assemblyman McNeil said that the town would have to pass a local referendum to allow a charitable organization for games of chance . Co Rep Tillapaugh reported that the county plans to finish the administration building at the new hospital . It will cost about $ 200 , 000 , which has already been included in the bond issue . There is a new public relation person working at the hospital which is financed by the hospital board of trustees . Clw Graham wanted to know if the management at the hospital is now under the private non- profit corporation . Co Rep Tillapaugh said that at this time it is not . Assemblyman McNeil said that since he has been in Albany he hasn ' t had the opportunity t o get around and become aware of what was going on in the community . He spoke that possibly next year revenue - sharing is going to sharply decrease . There will also be a small tax cut this year . Assemblyman McNeil wanted to know the boards view on Route 13 by-pass , also the boards feeling on casino gambling . There is a committee to look at the possibility for gambling in New York State , New York City is very much in favor of gambling . Supv Cotterill wanted to know the status of improvement on roads to the hospital . Assemblyman McNeil said that Mayor Conley did have the tie breaking vote so that NYSDOT could work on a new design at the octopus . This is closer to being done than the Rt 13 by-pass at this time . CITIZEN PRIVILEGE OF THE FLOOR Mr & Mrs Henry James , 2009 Dryden Rd . , complained to the Town ' Board about a violation for a special permit issued to Carl Stelick to operate a sawmill . . Mr James said he had talked with Z . O . Stewart about this . Mr Stelick ' s work hours were to be from 8 : 00 AM to 5PM Mon thru Sat . 2 weeks ago Mr Stelick drew logs in all Sunday afternoon . Last Sat morning they were unloading logs at 5 : 30 AM . Mr James said that he thought when the permit was granted all logs were to be put out in back of the structure . They were every where but behind the structure . Last night they were drawing logs out at 7 : 30PM Mr James felt he had a legitimate complaint since there were restrictions put on the special permit . ( Supv Cotterill wanted to know if this went on regularly . Mr James said sometime5he would quit =at5PM and sometimes 6 or 7 PM . He felt that unloading logs would be considered as part of the operation of the sawmill . This is happening to frequently just to let it go on . At first Mr James felt it would only be 1 or 2 times , but now it just is getting out of hand . Mr & Mrs James were only complaining about the hours and noise . They were really not concerned about the logs being out in front of the structure . Mrs James said at the time they spoke with Mr Stewart the sawmill was being run all hours . Since Z . O . Stewart has spoken to Mr Stelick the hours have been cut back . Mrs James didn ' t mind 15 or 20 minutes after 5 PM . t Supv Cotterill said that Z . O . Stewart should send Mr Stelick a violation letter stating the restrictions on the special permit and that they should be complied with . If the I, IIIITown Board hears that the restrictions are not being complied with than the Town Board will take action to revoke his permit . Supv Cotterill felt that the permit should not Ibe revoked without sending Mr Stelick a statement in writting with a copy of the resolution . ' If it is not complied with by the next board meeting than the Town Board will take action of revoking the special permit . IIIClw Graham wondered why he should be given 30 days . Supv Cotterill stated that to take action for revoking the permit the Town Board would have to vote and that would require a special meeting unless you wait until the next board meeting . Clw Graham felt that 30 days was a long time and by that time summer would be nearly over . Also , felt 30 days was very lenient , 2 weeks would be plenty of time to comply with the restrictions . COUNCILMAN PRIVILEGE OF THE FLOOR Supv Cotterill reported that there was an informal meeting with the Town Planning Board , as to what the towns stand would be on the Rt 13 by-pass . The feeling was that the county would have to make a few alterations before the board would go along with B- 1 . RESOLUTION #104 ROUTE 13 BY-PASS Clw Graham offered the following resolution and asked for its adoption . RESOLVED , that this Town Board go on record to approve the B- 1 avenue for the Route 13 by- pass . 2nd Clm Metzger Carried RESOLUTION # 105 AMENDMENT TO RESOLUTION 4104 Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board add the following restrictions to Resolution 4104 : 1lthat the exchange on the McLean Road be closer to the entrance of TC3 just north of . ! Dryden Village , the feasibility of a 4 lane highway if there will only be a 2 lane -highway built because of the impact on agricultural land taken and not used ; also .. . restrict the new corridor to the perimeter of active tillable agricultural fields . There should be no need to use the middle of active farmers best soil or land . 2nd Clm Tarr Roll call vote - Yes Clw Graham abstained Clm Metzger reported that there were some changes made in the amended , supplemental , restated and consolidated agreement of municipal cooperation for construction , financing and operation of an Inter-Municipal Water supply and transmission system . 1- a statement that incorporated an agreement between the town and village of Lansing that will not prejudice their land annexation proceedings that they are going through . 2 - payment of the billing date . 3 - how the parties will raise their share to pay the treasurer of the commission 4- the language in this draft omitted the words " 4 quarterly installments , Feb 1st , May 1st , Apr 1st and Nov 1st of the next year 5- another change was titles to real estate . RESOLUTION # 106 ADOPT AMENDED , SUPPLEMENTAL , RESTATED AND CONSOLIDATED AGREEMENT OF MUNICIPAL COOPERATION FOR CONSTRUCTION , FINANCING AND OPERATION OF AN INTER-MUNICIPAL WATER SUPPLY AND TRANSMISSION SYSTEM IIIClm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board adopt the amended , supplemental , restated and consolidated agreement of municipal cooperation for constuction , financing and operation of an Inter-Municipal Water supply and transmission system ( SEE ATTACHED ) IN MINUTE BOOK 1 ' 2nd Clm Webb Roll call vote - all voting YES ATTORNEY Atty Perkins reported on the Snyder Hill water district . There will be a meeting with Mr Jim Dunlap from Lozier Engineers , residents from the Snyder Hill area , Atty Perkins and any members from the Town Board on August 7th at 7 : 30PM at the Town Hall . Supv Cotterill suggested that Clm Tarr and Clm Metzger attend the meeting . Atty Perkins also reported on Ceracche TV with regard to the $ 30 . 00 deposit they were charging customers who were already hooked up to HBO with Sammons Communication . the new manager for Ceracche admitted that this was not part of the franchise in the Dryden area , and they will apply to the accounts of customers anyone who ha's paid the $ 30 . 00 deposit at the time the converters were installed . They will ., • TOWN OF DRYDEN o DRYDEN, NEW YORK In the Heart of the Finger Lakes Region RESOLUTION # 93 APPROVE INTERMUNICIPAL AGREEMENT TO FINANCE ITHACA SEWER SYSTEM EVALUATION SURVEY ( SSES ) Clw Graham offered the following resolution and asked for its adoption : RESOLVED , that this Dryden Town Board approve on the basis of a recommendation from the Sewer System Planning Committee , the Town of Ithaca , the City of Ithaca and the Town of Dryden agree to participate in the Sewer System. Evaluation Study estimated to cost $ 1 , 157 , 000 , allocated according to percentages shown in Appendix A . The participants are already engaged in a federally aided wastewater facility planning study of the City of Ithaca Sewage Treatment Plant ( Environmental Protection Agency , Project # C- 36- 1095 ) . As amended , the project is expected to cover additional engineering and contractual costs consisting of sewer cleaning , internal inspection and minor sewer rehabilitation as described in the grant application amendment . The City of Ithaca agrees to provide advance funding for the full 75% . share of the SSES in anticipation of timely reimbursement by EPA . Each municiality agrees to reimburse the city for the remaining 25 % share as billed with the anticipation that upon receipt of the 12 2% state share on eligible work at a later date , the city will then reimburse the other municipalities for this 12 z% share . ENGINEERING COSTS It is agreed that each participant will pay for the portion of such costs based on the ratio of linear feet of sewer within each municipality to the total linear feet , including the proportionate share attributed to Cornell University within each municipality . The estimated cost of this phase is $ 487 , 000 , of which it is anticipated 75 % would be federally funded , 12 z% state funded , and the balance ( 12 2% ) funded pro rata by the aforementioned municipalities . The participants agree to negotiate jointly with Cornell University for reimbursement of engineering costs attributed to the portion of the Cornell system in each municipality . ( Shown in Appendix A) Engineering costs also include administration and force account costs in direct support of the engineering effort . CONTRACT COSTS Each participant agrees that contract costs ( sewer cleaning , internal inspection and minor rehabilitation) shall be shared on the basis of actual cost for work performed within their respective municipal boundaries . Such costs are presently estimated to total $ 670 , 000 - 75 % Federally funded , the remaining local share to be paid as actually expended within each municipality . The participants further agree to negotiate jointly an agreement with Cornell University for their fair share of these costs . A i � I t { t I I i - 2 - ( CONTINUED ) CITY OF ITHACA The City of Ithaca , being grantee to EPA Project # C36- 1095 , agrees that it will inform and consult with Towns of Ithaca and Dryden with respect to the engineering and contractual services to be performed as a part of the SSES within their individual boundaries , and will seek the approval of the individual towns for any actions proposed to be taken with respect to their respective sewers . TOWNS OF ITHACA AND DRYDEN Assuming that ` the City of Ithaca ' s planning grant is amended to provide for an SSES , the Towns of Ithaca and Dryden agree individually to reimburse the City of Ithaca in a` ' timely manner , for their share of both engineering and contract costs , as noted under Engineering and Contract Costs . f The parties agree that the method of allocating costs for the SSES in no way affects the planning and recommendation of at least two alternative methods of eventual ownership , operation and maintenance of the sewage treatment facility . Not withstanding the foregoing , it is the understanding that each municipality , ' including Cornell University , shall in all instances pay their proportionate share of costs after any federal and state reimbursement are deducted . APPENDIX A METHOD OF COST ALLOCATION INTERMUNICIPAL AGREEMENT SEWER SYSTEM EVALUATION SURVEY ENGINEERING COSTS ( SSES ) * * City of Ithaca 66% Town of Ithaca 23 % Town of Dryden 3 % *Cornell University 8 % 100% * The percentage of the Cornell University system in each municipality is as follows : 5 . 3 % City of Ithaca 2 . 7 % Town of Ithaca 0 % Town of Dryden 8 % TOTAL * *The percentages are derived from the linear footage of sewers owned by the above parties in relation to the total system as requested by Stearns and Wheler in the I / I Study Report . 2nd Clm Tarr Roll cali ' vote - all voting YES 1 , biA" , 1 � . . • ! . ' CHANGES IN THIS AGREEMENT ARE ON 2 / 17 / 77 3/ 11/ 77 . PAGES 18 AND 27 ' . 6/ 29 /]777g 16 /55//79 AMENDED , SUPPLEMENTAL , RESTATED AND CONSOLIDATED AGREEMENT OF MUNICIPAL COOPERATION FOR CONSTRUCTION , FINANCING AND OPERATION OF AN INTER-MUNICIPAL WATER SUPPLY AND TRANSMISSION SYSTEM • THIS AGREEMENT of municipal cooperation , as amended , restated and consolidated as of this 5th day of June. , 1979 , ; between the TOWN BOARD OF THE TOWN OF DRYDEN , Tompkins County , New York , on its own behalf and on behalf of DRYDEN WATER DISTRICT 1 ( hereinafter referred to as " Dryden " ) , the TOWN BOARD OF THE TOWN OF ITHACA , Tompkins County , New York ( herein- after referred to as " Ithaca " ) , the TOWN BOARD OF THE TOWN OF LANSING , Tompkins County , New York , on its own behalf and on behalf of McKINNEY ' S WATER DISTRICT ( hereinafter referred to as " Lansing Town " ) , the VILLAGE OF LANSING on its own behalf and as successor to LANSING WATER DISTRICT I • ( hereinafter referre • to as " Lansing Village " ) , and the VILLAGE OF CAYUGA HEIGHTS , • Tompkins County , New York ( hereinafter referred to as " Cayuga Heights " ) , all of the parties hereto sometimes collectively 1 or individually referred to hereinafter as " municipalities " or " municipality . " . W ITNES S ETH : WHEREAS , the above named municipalities have undertaken to study the desirability and feasibility of providing water services to the inhabitants of all or a part of each of the above named municipalities ; and • WHEREAS , Lozier Engineers , Inc _ have prepared two engi- . veers ' reports , one entitled " Engineers ' Report on Proposed Water Supply Facilities , Including Water Treatment Plant , Transmission Main and Pumping Station " , dated June , 1972 and supplemented by an ' addendum dated September , 1972 ( the project referred to in /LOS E. BARNEY said report and addendum being hereinafter referred to as " Pro- >ONC7a AT LAW Sect I " and the report and addendum together being referred to "• 1114.1111.040413 MEW V011111 Ian I • • • ' / • �� i : �G �, , �I '; III , . I' ,h 'd I • w 2 / 17 / 77 6/29 /77 ,. 12 / 5 / 78 - 2 - 6 / 5 / 79 as " Report on Project I " ) and a second report entitled " Engineers ' Report on Proposed Water Transmission Facilities , Including Water Transmission Mains , Booster Station and Storage Tank " dated June , 1972 , as supplemented by an addendum dated March , 1973 , reducing the scope of the initial project ( the project referred to in said second report as supplemented being hereinafter referred to as " Project II " and the report and addendum on said project being hereinafter collectively referred to as " Report on Project II " ; and WHEREAS , the above named municipalities , pursuant to the authority contained in Article 5G of the General Municipal Law of the State of New York and in Title 1 -A of the Local Finance Law and pursuant to the authority granted generally to municipalities and water districts wish to provide for the con- struction , operation , maintenance and financing jointly of the water supply and transmission systems set forth in the fore- g oing reports ; and . WHEREAS , the parties hereto believe that the benefits t o be conferred by the construction and operation of the afore - said projects will permit assurance of adequate water supply for the parties hereto for their existing needs , will permit . g rowth of areas of several of the parties hereto and provide , water for such growth , will permit improvement of water service t o several of the parties hereto , and , in general , will assure a safe and adequate supply of water for the foreseeable future for each and all of the municipalities and districts that are a partyhereto ; and WHEREAS , pursuant to the foregoing desires , Dryden , Ithaca , Lansing Town ( acting at that time for Lansing Water and Cayuga Heights D istrict 1 as well as for itself and McKinney ' s Water* District) / , IYOUCOS & BARNEY ATTORNEYS AT LAn• prior to the incorporation of Lansing Village , entered into an _ IAYINDS BANK OUILDINO THAU, NEW YORK I4119O Agreement of Municipal Cooperation for Construction , Financing ► 1 r , . . - 2 / 11 / / / • 4 3 / 11 /77 6 /29 / 77 12 / 5 /78 - 3 - 6 / 5/ 79 •i' and Operation of an Inter-Municipal Water Supply and Transmission I System dated as of February 25 , 1974 , which Agreement was modi- fied by a Modification of Agreement of Municipal Cooperation for Construction , Financing and Operation of an Inter-Municipal 1 Water Supply and Transmission System dated as of December 16 , 1974 and by a Written Agreement as to Water Rate Schedule dated as of December 1 , 1976 ; and WHEREAS , the Projects contemplated by the foregoing Iagreements and modifications have been substantially constructed and are now in operation ; and - • WHEREAS , bonds have been issued for the financing of said Projects and repayment of the indebtedness represented by said bonds is about to commence ; and . WHEREAS , since the original agreement and first modifi- cation thereoZ Lansing Village has been incorporated and , to the extent permitted by law , the pursuant to law , has assumed the governance , operation and / liabilities of former Lansing Water District 1 ; and WHEREAS , the parties wish to include . Lansing Village on the governing board of the Projects and as a party to all agree - ments relating thereto : and Lansing Village wishes to be so . included ; and WHEREAS , all the parties wish to further amend the agreements to reflect current circumstances , and wish to restate and consolidate all previous agreements into one new restated agreement ; NOW , THEREFORE , in consideration of the premises and provisions hereinafter set forth the parties hereto mutually agree as follows : 1 . Creation of Commission . There is hereby created an executive body to be known as the " Southern Cayuga Lake Inter-Municipal Water Commission " ( hereinafter referred to as )UCOS & BARNEY •A• N[W YORK IMO the " Commission " ) . Said Commission shall consist of ten TORNEYS AT LAW . VGS SANK BUILDING I - . . I 3 / 11/77 • 6/29 / 77 • . 6 / 5 / 79 -4 - ' members . Each party hereto shall appoint two members to the Commission . Of the members so appointed , at least one member from each of the parties shall be from the governing body of the appointing party . The members of the Commission shall serve at the pleasure of the appointing party . The Commission shall elect its own chairman , vice - chairman , secretary and treasurer ! provided , however , that the treasurer must be a fiscal officer of one of the municipalities that is a party to this agreement . A 'quorum shall consist of a majority of the appointed members of the Commission . Except as otherwise provided herein , by law , or the votes of . a majority of the 1 y regulation of the Commission , /members present at any meeting shall be necessary for any affirmative action of the Commission . The Commission , insofar as is permitted by law , shall have the following powers and duties : I . I ( a ) The overall responsibility for and supervision of the construction , operation , maintenance , management of , and re - ' . payment of indebtedness incurred for , Projects I and II . Without limiting the foregoing , the Commission shall ( i ) Arrange for engineering . services, acquisition . . I of necessary lands and rights of way , preparation of bid specifications , letting of bids , arranging and supervising or contracting with public or private corporations construction , hiring of appropriate personnel/ to manage , serice / and v operate the projects , assessing to each party to this agreement the portion of costs allocable to each party for the retirement of indebtedness and the costs of operation and maintenance in the manner hereinafter set forth , prepare budgets from which the foregoing assessments can be made , and provide for the acquisition of supplies , equipment , materials and labor necessary to construct , operate and maintain Projects I and II . OUCOS & BARNEY ( ii ) Apply to the appropriate governmental authorities , ATTORNEYS AT LAW including the United States Government and the government fINGS DANK WILDING IAtA, NEW YORK %4050 . of the State of New York , for such • • I . _ r� P it iv d I,I 71 2 / 17/ 77 6 / 5/ 79 - 5 - 3 / 11/ 77 W ? / 77 financial and other aid ( including loans or grants ) that may be available for Projects I and II . ( iii ) Establish such rules and regulations as it deems advisable relating to the operation of Projects I and II , including , without limitation , rules and regulations relating to required plumbin ; inspections prior to connection to the system , and rules for handling emergency breaks in lines served bby Projects I and II . ( iv ) Provide for - the enforcement of its rules and regulations . ( v ) In the event of breaks in lines ( whether inclines included in Projects I and II or lines served by the projects ) be empowered to shut off water to all or any part of a municipality pending completion of appropriate repairs by the Commissio= or by " the municipality involved to the satis fact icz of the Commission . ' ( b ) To hire its own personnel or in lieu thereof contract with any of the parties hereto or any other munici- pality or governmental agency or political subdivision for vision of personnel services , use of equipment , use of suppliers . etc . , and the costs of such contract shall be included in cost of the operation of the projects that shall be assessalt against the parties hereto in the manner hereinafter set fo'• = = - • ( c ) To make capital improvements to the projects tj and after completion , of initial construction subject to the approval and authorization of all the parties hereto and an* federal or state agencies as may be required . JYOUCOS & BARNEY ( d ) To call , arrange and conduct hearings in re ' ATTORNEYS AT LAW • "AWINOS DANK BUILDING to the furnishing of water service and make determination C " ITNACA, NEW YORK 14550 , • 1 • ,X .1 T - . Ywa • . Y { •• • .. .. - )w "111 L�� 7115. • 2 / 17 / 77 • 3 / 11/ 77 12/5/78 - 6 - 6 /5/79 any issues thereat ; to provide for the making of necessary inspec- tions and the keeping of all records concerning the maintenance of said system . The Commission shall make all necessary and re- quired reports , including those required by Article 3 of the !General Municipal Law . ( e ) By vote of a majority of the appointed members of the Commission to adopt regulations as to the time of holding eetings of the Commission and notice required therefor . ( f ) To collect the necessary information for preparing nd issuing bills for customers of the Commission and , at the • ption of the Commission , for preparing and issuing bills for cus omers of the municipality parties hereto in accordance with instructions received from each municipality . ( g ) To contract to provide services for any one or • . ore of the parties hereto such as meter reading , maintenance f an individual municipality ' s water lines , and other services . The governing bodies of the respective municipalities ay at any time delegate such other duties and responsibilities o the Commission as permitted by law and as mutually agreed . If required by law to effectuate the purposes of this Agreement , the parties hereto agree to designate one of the eoverning bodies of the parties to implement this Agreement by executing documents , paying personnel , formally letting bids , • and any actions that by law must be conducted by a governing kody of a municipality and by law may not be conducted by or • e-legated to the Commission. Subject to the right to change same in the future by unanimous action of the parties hereto , the Town m oard of the Town of Ithaca is hereby designated for such purposes . uch designated municipality shall be reimbursed by the Commission for all costs incurred by such municipality in rendering such ser DUCOS & BARNEY ices including payroll and fringe benefit expenses . Such LTTORN[rs AT Law INGS BANK BUILDING kG. raw YORK 14650 • • — F + f • 3 / 11/ 77 6/ 29/ 77 12 / 5 / 78 6/ 5 / 79 reimbursement shall be an expense of the Commission and shall be assessable against the parties hereto in the manner hereinafter set forth . 2 . Financing of Initial Construction _ The initial construction costs of Projects I and II has been financed by the issuance of joint indebtedness for each Project for which the joint faith and credit of the parties hereto except Lansing • • • (OUCOS & BARNEY ATTORNEYS AT LAW • VINGS BANK BUILDING lAG, NEW YORK IaBSG . • • . .' 2 / 17 / 77 3 / 11/ 77 . 12/ 5/78 - 7- 6/ 5/79 • ✓ illage , has been pledged for the payment thereof . Even though not expressly on said bonds , Lansing ✓ illage agrees to pay its share of such indebtedness as if it were an original party to said bonds . The bonds f or the projects shall be repaid over 20 years in the amounts set forth in the Bond Schedules for Project I and Project II annexed hereto . The total cost of Project I is not in excess . of $ 6 , 070 , 000 . The total cost of Project II is not in excess of $ 1 , 930 , 000 . 00 . Principal and interest payments for both Projects shall be paid for jointly by all of the parties hereto and the debt allocated to the parties hereto , all as set forth in Schedule A annexed . Each of the parties hereto agrees to take all steps necessary to provide for repayment of such obligations , including , without limitation , authorization of appropriate resolutions by each of the governing boards of each of the partiehereto if not already . accomplished , raising of the appropriate funds by taxation or otherwise , and all related matters . Further , each of the parties hereto agrees to pay its proportionate share of the principal and . interest payments as set forth in the schedule annexed to this agreement , said pay- ments to be made to the Treasurer of the Commission at such times as the Commission shall determine to permit payments to be timely made on the principal and interest of the indebtedness incurred for Projects I and II . The funds so received by the :Treasurer shall be paid to the bondholders or the paying agent for bondholders . 3 . Financing of the Maintenance and Operation Costs of Projects I and II . Annually , on or before September 15 of each year , the Commission shall prepare a budget for the opera- MUCOS & BARNEY ATTORN[T8 AT LAW tion and maintenance costs of Projects I and II which shall be TINOS BANK BUILDINO 4ACA, NEW TORK 14530 • • a 6 / 5 / 79 - 8- filed with the Commission ' s treasurer and with the fiscal officers of each of the parties hereto . The Commission shall also ascertain the amounts of water from the water supply facilities of Project I used in each municipality during the latest twelve month period for which figures are available pre- ceding September 15 . The Commission shall allocate the costs for the next year among the parties hereto based upon such water usage during said preceding twelve month period . The parties shall raise their share and then pay to the treasurer of the Commission their allocable share of such expenses in the manner set forth in Schedule A . The treasurer of the Commission shall pay the operating and maintenance costs out of the funds so received . 4 . Surplus or Deficits . If the total revenues received , by the Commission result in a surplus over and above a reasonable amount reserved for contingencies , the surplus shall be refunded at the end of the fiscal year to the municipalities in proportion to the amounts paid to the Commission by each municipality during the fiscal year or , at the Commission ' s option , shall be applied against amounts due from each municipality in the ensuing fiscal year . If the amounts collected from each municipality result in a deficit , the Commission shall first use any surplus funds from any prior year to cover such deficit , and if there are no surplus funds , such deficit shall be paid by each of the parties -hereto in proportion to such water consumed within each municipality during the preceding fiscal year as forth on Schedule A . The parties hereto agree to raise the funds required for each of their own shares as determined by the Commission and to pay the same in timely fashion . without limiting the fore- UCOS & BARNEY ro At LAW IGS BANK BUIL.oINQ • A. N[W YORK 140 $0 • • itt 4•44 2/ 17 /77 p 3 / 11 / 77 6/ 29/ 77 . . 12 / 5/78 . 6 / 5/79 - 9 - going , the parties hereto agree to take such steps as may be appropriate or legally necessary to assess the real estate of each of the municipalities or to establish water rent surcharges or water rate surcharges sufficient to raise the funds necessary • to pay each party ' s allocable share of the operating and main - tenance expenses . Even if the party contests the allocation of a deficit to it , each party agrees to pay the amount so allocated at the time determined . The party so paying may reserve his rights to challenge such allocation by stating at the time of payment , in writing to the treasurer of the Commission , that such payment is made under protest and the . basis for the protest . Thereafter , notwithstanding Such payment , the party may take any legal steps to implement review of such party ' s allocation . 5 . Determination of Water Consumed . For the puzp ose . of this agreement , whenever reference is made to water consumed within a municipality , the water referred to shall be only the water supplied from the water supply facilities referred to in , Project I . Water consumed within a municipality but derived from other sources in operation January 1 , 1978 shall be exclided in all computations required hereunder . No new public source of water in the then Commission service area shall be activated by any member municipality until the seven million dollar bond issue for projects I and II has been paid in full , or until the capacity of the Bolton Point system has been exceeded , whichever occurs first . It is anticipated that meter installations shall be made for the purposes of monitoring water received from the system by consumers . : The consumption of water within each of the municipalities to be ascertained to determine the amount payable by each community shall be based upon the readings of ?UCOS & BARNEY rroltNiTs AT LAW NGS BANK BUILDING CA. NEW YORK LASSO ■ • • • • • • f • • • ■ • • 2 / 17 / 77 3 / 11 / 77 6 / 29 / 77 12 / 5 / 78 6/5 /79 - 9a - . such meters . If meters are inoperable or not available , such determination shall be based on estimates of consumption obtained pursuant to standards established by the Commission . Each party hereto agrees to deliver such of its records pertaining to its own water systems ( including readings ) as the Commission may • • >UCOS & BARNEY To AT LAW has ••NK BUILDING :a• NEW •OIUI lasso ■ • • • rt - 10 - 6/ 5/ 79 • request to enable the Commission to make the foregoing determina- tions . The Commission may , at its option , read meters directly . Further , at the Commission ' s option , master meters may be installed at points of connection of the transmission lines of / each Project to the distribution lines owned by each municipality for the purpose of determining water consumed within each munici- pality . . If the Commission elects , the readings of such master meters may be substituted for the readings on consumers ' meters . 6 . Assignment of Personnel . If the Commission shall contract with any of the municipalities for personnel services , any personnel of any municipality assigned to perform such services shall continue to be employees of the municipality from which they are assigned . All personnel so assigned and engaged in the operation or maintenance of Project I or Project II shall possess the same powers , duties , immunities and privileges they would ordinarily possess if they performed their duties for and in the municipality by which they are employed . To the extent required by law , the applicable Civil Service rules and regulation shall be observed . 7 . Title to Real Estate . Title to the real estate and easements used in Projects I and II has been or will be taken in the names of Dryden , Ithaca , Lansing Town and Cayuga Heights , • jointly , each holding an undivided interest commensurate with the interest of each municipality in the respective Projects . All real estate and easements obtained in connection with either Prc - - _-ject I or Project II shall be held and used for the joint water supply plant and related facilities , transmission lines and pump- ing stations , and shall be used only for the purposes of Project s and Project II unless all of the parties holding title plus Lansing Village agree otherwise . This limitation of use shall be binding upon the parties hereto and any of their successors in X1COS B . BARNEY interest . There is hereby assigned to Lansing Village an TTORNEYS AT LAW NGf BANK BUILDING CA. NEW YORK I 411110 ■ * re 1` • 2 / 17 / 77 3 / 11/ 77 - 11 - 6 / 29 / 77 6/ 5 /79 undivided interest in all the real property contained in Project � I , the amount of such interest to be commensurate with Lansing Village ' s interest in Project I . 8 . Tax exemption . To the extent permitted by law each party agrees to take such steps as may be necessary to exempt from real property taxation any of the real property , ✓ eal property improvements , easements , pipelines , filtration 1 plant or other facilities associated with Projects I or II or used by the Commission located within the municipal boundaries o f such party , and further agrees , to the extent p ermitted . by law , not to assess or levy taxes against such properties . 9 . Pre- Agreement . Costs . Prior to the execution of this agreement , Lansing Town has acquired certain of the real e state necessary for the water supply station and has incurred costs for the purchase price of such real estate and engineering services of Thomas G . Miller related thereto . Other municipali- t ies have incurred expenses to Lozier Engineers , Inc . and legal e xpenses in connection with the study of the feasibility of the project and applications for approval of the project from appropriate governmental authorities and land acquisition • expenses . After execution of this agreement , the parties in - d ividually may incur additional expenses relative to Projects I and II with the consent or approval of the other parties to this agreement . All of said costs shall be deemed to be costs of the project and shall be reimbursed to the respective parties hereto paying same upon ' presentation of appropriate voucher therefor , - and where necessary , appropriate documents of title transferring t itle of real estate , surveys and appraisals , to the parties jointly in the manner set forth above . Such reimbursement shall 'OUCOS 8t BARNEY be out of the proceeds of the joint indebtedness incurred ATTORNEYS AT LAW "Has SANK BUILDING hereunder . The road known as Bolton Road • 'ALA, NEW YORK IABSO 1 ( leading from Route 34 to the water intake point on • . r . i I iI 1 . I • . I II � b 1! 111 } � jl � . l 2/ 17 / 77 3 / 11/ 77 - 12 - 12/5/78 6/ 5/ 79 Cayuga Lake , and all appurtenances to said road , shall be paid for jointly by all municipalities in accordance with the financing allocation for Project I . The completion of the road shall be in accordance with the terms and conditions of the agreement between the Town of Lansing and Lucie G . Bolton , dated June 28 , 1967 , and in accordance with the Town of Lansing specifications in effect February 25 , 1974 . Such road shall be maintained and plowed by the Commission for the Commission ' s own use until the earlier of the following events at which time the road shall be conveyed to Lansing Village and Lansing Village agrees to accept same : . I ( a ) The reasonably regular use of the road for ingress and egress by any person or entity other than the Commission ; or ( b ) January 1 , 1985 . From and after such date the obligations for maintenance and snowplowing shall be the obligation of Lansing Village . In the event that the road on such date is not then in the municipal boundaries of Lansing Village , the obligations to accept said road shall be the obligations of the municipality ( such as the Lansing Town ) within whose boundaries said road shall then be located . 10 . Responsibility for Damage Claims . In the event any liability is asserted against any of the parties hereto arising out of the construction , operation , or maintenance of Project I , the parties shall be severally liable fcr the defense and payment of such claims , the proportions being in the same proportion as the debt is allocable to each party . Similarly , any liability arising out of the construction , operation or maintenance of Pro- ject II shall be the several liability of the parties , to be borne by each municipality in the same proportion as the debt for DUCOS 8 BARNEY aro AT LAW '• INC! SANK BUILDING \G, NEW YORK 10!50 • • L / 11 / / / • 3 / 11/ 7.7 • - 15/78 12a - 2 / 6 / 5/79 1 . Project II is allocable between the parties . The Commission , I or any one of the municipalities , may place or take out fI appropriate insuranceagainst any such possible liability II for p rotection and benefit of the Project and each 11 individual municipality , and the premiums for any such 1 • I I • • • • • I • . • I f 'UCOS & BARNEY • ORNEYS AT LAW KGS BANK BUILDING :A. NEW YORK 14850 • • • p . . _ I . 2 / 17 / 77 6/ 5 /79 3 / 11/ 77 - 13 - 6/ 29 /78 77 insurance coverage shall be an obligation chargeable against the Project , the cost thereof to be apportioned during the construction period in accordance with the debt allocations , and thereafter to be included in the costs of the operation and maintenance of the project and included in the budget assessed against each municipality each year in the manner set forth above . . . 11 . Duration of Agreement . This agreement shall con - tinue in force until such time as . the bonds issued by the municipalities for the construction of said Projects have been fully paid , satisfied and discharged , and shall continue there- after until further agreement of all the parties hereto . This agreement may be modified at any time by unanimous agreement of 1 a1 parties . all pa_ ties hereto . 12 . Accounting and Bonding . Such fiscal officers and such other employees as the Commission may determine and in any event any Commission members or employees who handle funds shall before receiving any moneys on account of Project I or Project II give a corporate surety bond for the faithful performance of their duties and a full accounting for all moneys of either proje • handled by them , in such .amounts as the Commission shall pre - scribe and which bonds shall be approved by the Commission as to form and sufficiency of surety . An endorsement on an existing surety bond meeting the requirements set forth above shall be -sufficient . • . . 13 . Settlement of Disputes . Any disputes between the parties hereto arising out of the application or interpretation of this agreement shall be submitted for declaratory judgment to the Supreme Court of the State of New York in Tompkins County , oucos Sc BARNEY ATTDRNCYI AT LAW New York . . VINOS BANK BUILDING iAG, NEW YORK 14010 • 1 re r .~ . t�, I I . i 1 V I ! 9 IF a , • • 2/ 17 / 77 3 / 11// 77 • - 14 - 12//5,78 7 6/5/ 79 14 . Further Documents . It is the purpose and intent of the parties hereto to make available an adequate supply of potable water to the aforesaid municipalities . To this end the parties hereto agree to cooperate fully in acting jointly by and through this agreement of municipal cooperation pursuant to Article 5G of the General Municipal Law . To provide the necessary authority for the financing , construction and super - vision to accomplish such purposes , the parties hereto pledge themselves and agree amongst themselves to amend or supplement this agreement in the future in any way desirable to provide additional authority which may be deemed necessary to adequately 1 and properly create , construct , maintain and operate the said projects . 15 . Illegality of Part . In the event that there shall be a final adjudication that any provision or provisions of this agreement is , are or shall be invalid , illegal or contrary to public policy , such adjudication shall not affect any of the 1 1 other provisions of this agreement , and such other provisions shall continue in full force and effect . . 16 . Additional Parties Hereto . The parties hereto are aware of the desire of the City of Ithaca to provide for an alternate source of water and of the possible interest of the • City of Ithaca to becorre a part of Project I and Project II . Should the City of Ithaca evidence in . a formal manner interest in becoming a party to this agreement , the parties hereto agree to consider such interest and to include the City of Ithaca as a party to this agreement upon the agreement of the City of Ithac - to share its proper cost of construction , land acquisition , rights of way , engineering and legal expenses , debt service , and opera- )UCOS & BARNEY rTORNEYS AT LAW . tion and maintenance and other costs of the projects to be con- NOS BANK BUILDING G. NEW YORK 14050 structed in accordance herewith . Such addition of the City of • • i 2 / 17 / 77 . 3 / 11/ 77 / 7 5 - 15 - 123 %78 6 /5 / 79 Ithaca to this agreement may be evidenced by the execution of a supplemental agreement modifying such provisions of this agreement as may be necessary to reflect the participation of said City . Nothing herein is intended to exclude any other municipality from becoming a participant in the water supply system . 17 . Future Water Districts in Dryden and Lansing Town . The parties agree that should new water districts be formed within the municipal boundaries of Dryden and Lansing Town , and should such new district elect , water may be supplied t o such districts from or through Projects I and II provided , however , that said districts by supplement to this agreement agree to pay their proportionate share of the costs of operation and maintenance and principal and interest in the manner set forth in this agreement . The amount of such payments shall be . agreed to by all parties to this agreement prior to the . . execution of such supplemental agreement . 18 . Connection Charges . It is anticipated that extensions to existing water mains outside of existing water d istricts may be made which will benefit additional property owners , water districts may enlarged , and/or new water d istricts may be created after the completion of Projects L and II . The parties hereto agree to pay to the Commission for each unit served by such extended water main or enlarged • water district or new water district , in addition to all other charges , taxes and assessments , a connection charge to be payable t o the Commission at the time of connection of each property owner and to be computed as follows : ( a ) If such connection occurs before January 1 , 1978 YOUCOS 8 BARNEY ATTORNEYS AT LAW there shall be no charge . . WINOS DANK !BUILDING NAG, NEW YORK 14090 .� • • ■ • • • r_ _ _ • 2 / 17 / 77 3 /11/ 77 - 16 - 12/ 5/ 78 6/ 5/ 79 ( b ) If such connection occurs after December 31 , 1977 , but before January 1 , 1979 , the charge shall be $ 25 . 00 . ( c ) If such connection occurs after December 31 , 1978 but before January 1 , 1987 , the charge shall be $ 25 . 00 plus an additional amount equal to $ 25 . 00 multiplied by the number of full years that have passed since December 31 , 1978 ( i . e . , if the connection occurs in June of 1981 , the charge shall be $ 75 . 00 ) . ( d ) If such connection occurs after December 31 ; 1986 the charge shall be $ 250 .. 00 . The connection charges collected hereunder shall be applied to reduce the funds required for principal and interest on the joint indebtedness incurred hereunder . Twenty-six percent of the connection charges excluding connection charges derived from extensions , enlargements , or new districts in Lansing Town ( except for McKinney ' s Water District or extensions of such District ) , or in Lansing Village , shall be applied to the indebtedness for Project II . The balance of the connection charges • ( including those charges for connections in the Lansing Town outside of McKinney ' s and Lansing Village ) shall be applied to the indebtedness for Project I . A connection charge shall be made for each unit as determined by Schedule B annexed hereto . The parties hereto by mutual agreement , may in- :crease , reduce or eliminate the connection charge , or alter . the . definitions of unit set forth in Schedule B . The parties may assess the connection charge directly against the property owner or pay the charges out of )UCOS & BARNEY general revenues or obtain the funds in any manner permitted TTORNEYS AT LAW NOS SANK SUILDINO by law . . G, NEW YORK 14030 O ( J 1 7 _ f i 2 / 17/ 77 3 / 11/ 77 - 17 - , 6 / 29/ 77 12 / 5 /78 6/5/ 79 Nothing contained herein shall limit the authority of each municipality to impose additional connection charges on consumers within their jurisdiction for any lawful purpose . No connection shall be made by the Commission to an ultimate consumer in any municipality party to this agreement . without approval of the municipality in which the connection is to be made . 19 . Authorization . The parties hereto represent and warrant ( a ) that this agreement has been presented to the governing bodies of each of the parties hereto ; ( b ) that each such governing body has approved this agreement by a majority vote of the . entire voting strength of its governing body and ( c ) that if required , all steps by way of public hearings and/or referendum or otherwise not taken at the time of execution of this agreement shall be taken within ninety days of the execution of this agreement . Within such ninety day period , each party hereto shall certify whether or not all legal steps and approvals necessary to make this agreement a binding agreement upon such party have been taken and whether or not this agree - ment is the valid , binding obligation of such party . Such - certification shall be made in triplicate and a copy delivered to the Town or Village Clerk or Supervisor of the other parties hereto . If such certificates are not made by . all of the parties hereto within such period , unless the parties otherwise agree , this . agreement shall be deemed approved by all parties and each party shall be able to proceed in accordance with the teams of this agreement and in full reliance upon its validity effective as of the date above set forth . Until the end of such 90 day 'OUCOS 8 BARNEY , period or until all certificates indicating approval are served , ATTORNEYS AT LAW LINOS SANK SVLLD!NO the parties hereto shall continue to be governed by the Agreements '.ACA. NEW YORK 14930 1 • • • • • • • • • • _ 1 f, T N • 6/ 5/79 • - 18 - _ and Modifications heretofor executed and presently in force . Not withstanding the foregoing , the admission to voting rights on the Commission of members designated by Lansing Village shall occur only upon the receipt of certified resolutions of the Lansing ' Village Board authorizing execution of this agreement , assuming responsibility for the annual levy of taxes to meet such Village ' obligations hereunder , and pledging the full faith and credit of the Village thereto , together with a certificate from the counsel to the Village that all legal requirements relative to the adop- tion of such resolution have been met including the holding of a public hearing thereon after legal and proper notice ; and ( a ) No referendum has been sought and the statutory time for same has expired ; or ( b ) The resolution and agreement were approved at a public referendum . 20 . . Validation and Reliance . Each of the municipalities agrees to initiate , undertake and complete all proceedings which are necessary to construct , establish and operate this intermunicipal water system and to effectuate , otherwise , this project and the provisions of this agreement in accordance with all the applicable requirements of law . It is understood by the parties hereto that each municipality has and will incur costs , expenses and liabilities in connection with all acts and proceedings required to effectuate this agreement and that each municipality is proceeding to initiate , establish and operate the subject project in reliance upon the agreement of the other - municipalities to do the same . 21 . Effect on Pending Annexation Action . The parties hereby agree that the execution of this agreement shall in no way be intended or interpreted to prejudice the outcome of annexation iYOUCOS & BARNEY proceedings between the Town of Lansing and Village of Lansing ALTO Al LAW AVIN65 BANK •UILDINO !NAGA, MEW VORIR 14•50 • • • • • • • r • • i k, I ail t ; ' 1 I I 'it` I) ' ■ I I 1 ' I 1,1 C f+15 I� A7 �� ,' ) I I r 111 II' Iiii : I i I II - I_ . . I .5 ; ,s J t � i41 +011' . IL ni .41 I .,l IIL _{,i e. ._ • I . ' 6/ 5/ 79 S . • - 18a- currently pending before the Appellate Division of the New York • State Supreme Court . IN WITNESS WHEREOF , the parties hereto have executed • • • :OS & BARNEY anus AT LAW I SANK •UILOIMO NEW VORA •4•50 - ' • • . . . . _ _ . - . . . - e . . . . *. r �; — `,-rte - . ` . - I. JI` � t I �tI V ftl ; , I kh 2 / 17 /77. 3 / 11 / 77 • 6 /29 / 77 12 / 5 /78 . 6/ 5/ 79 - 19 - this agreement as of the day and year set forth above . . TOWN BOARD OF THE TOWN OF DRYDEN ON BEHALF OF THE TOWN OF DRYDEN AND ON BEHALF OF DRYDEN WATER DISTRICT 1 • TOWN BOARD OF THE TOWN OF ITHACA • I . TOWN BOARD OF THE TOWN OF LANSING ON BEHALF OF THE TOWN OF LANSING AND ON BEHALF OF MC KINNEY ' S WATER DISTRICT . • • • VILLAGE OF CAYUGA HEIGHTS • • By . • • VILLAGE OF LANSING ON BEHALF OF SUCH VILLAGE AND AS SUCCESSOR TO • LANSING WATER DISTRICT 1 • By : 1YOUCOS & BARNEY ATTORNEYS AT LAW .AVINGS BANK BUILDING TMACA. •NEW YORK 1050 '• • • • ..a • • r, iI I 2 / 17 / 77 • 3 / 11/ 77 - 26 - 6 / 29 / 77 12 / 5/ 78 SCHEDULE A 6/ 5/ 79 i FINANCING & DEBT ALLOCATION FOR PROJECTS I AND II I . PROJECT I : . ( a ) Debt Allocation . For purposes of debt alloca- t ion required by the Local Finance Law , the joint debt for the f inancing of Project I shall be allocated annually between the municipalities in proportion to the water consumed by each of them from the water . supply facilities of Project I ( the " System " ) J d uring the latest twelve month period for which figures are avail able on September 15 of each year . The allocation shall be deter mined by the Commission based upon such figures. Until the Commission determines otherwise , the debt allocation shall be as follows : _ NAME OF MUNICIPALITY PERCENTAGE OF DEBT D ryden 2 . 333 . Ithaca 54 . 948 L ansing Town . 213 L ansing Village 26 . 955 Cayuga Heights 15 . 551 f I ( b ) Financing of Principal and Interest and Operation and Maintenance Costs . Each of the parties agrees to pay to the Commission an amount for water consumed from the System in their own municipality in accordance with a uniform water rate schedule in the amounts indicated on Exhibit • 1 hereto , said schedule to be applied to the ultimate consumers within each municipality . The amounts so derived are hereinafter referred to as " water rent . revenues " . Each municipality shall have the option cf raising such amounts by charging ultimate consumers in accordance with such water rate schedule or by assessments or by any other manner permitted by law . However , regardless of the method . chosen by each municipality to actually raise their share due to OUCOS & BARNEY the Commission , the amount payable shall be computed as if each ATTORNEYS AT LAW municipality adopted Exhibit 1 and charged the ultimate consumers /INGE BANK BUILDING Ac, . NEW YORK 14950 - • _ - _ - • age • • • • 6 / 5/79 - - 27 - thereunder . All of the water rent revenues derived from Lansing Village and Lansing Town , except revenues derived from Lansing Town ' s McKinney ' s water District , and 76% of the water rent revenues derived from Dryden , Ithaca , Cayuga Heights and Lansing Town ' s McKinney ' s Water District shall be delivered to the t reasurer of the Commission for application towards the principa ] and interest payments due on the indebtedness incurred- for" P roject I and the operation and maintenance costs of Project I . Any surplus of revenues shall be disposed of as set forth in the agreement . If such revenues are insufficient to pay such costs , the municipalities shall make up the deficit by each contributing a portion of such deficit , the portion applicable t o each party to be determined by multiplying the total deficit by a fraction , the denominator of which is the amount of water consumed from the System in all the municipalities during the immediately preceding four billing quarters as determined by the Commission , and the numerator of which is the amount of water consumed from the System in such period by the individual munici- pality whose share is being determined . Except as hereinafter provided , Exhibit 1 may not be changed by the Commission without t he written agreement to such change of all of the parties _ Unless the Commission determines otherwise , the payments require ( hereunder shall be made to the Commission or its delegate quarterly as follows : ✓ illage of Lansing , Towns of Dryden and Lansing . - February 1 , May 1 , August 1 , November 1 Town of Ithaca - January 1 , April 1 , . July 1 , October 1• ✓ illage of Cayuga Heights - March 1 , - June .1 , September 1 , D ecember 1 . • . . IYOUCOS & BARNEY • Arro •AT Law AVInG / .AnK BUILDING rNACA• NEW YORK 1 •113O • • • • 4 . j. . • - 27a- 6 / 5 / 79 II . PROJECT II : ( a ) Debt Allocation . The allocation of debt shall be made annually between the municipalities in proportion to the water consumed from the System during the latest twelve-month period for which figures are available on September 15 of each year . The allocation shall be determined by the Commission • • )UCOS & BARNEY TTORN[rs AT LAW NGS •ANK •UIL.OING CA. N[W YORK 11410260 • 2/ 17/77 • 3/ 11/77 • - 28= 12/5/78 6/ 5/ 79 • ! based upon such figures . Until the Commission determines otherwise , the debt allocation shall be as follows : NAME OF MUNICIPALITY PERCENTAGE OF DEBT Dryden 3 . 194 Ithaca 75 . 225 Cayuga Heights 21 . 290 . - Lansing Town 0 . 291 I . ( b ) Financing of Principal and Interest on Construc - t ion Indebtedness and Operation and Maintenance . The costs of d ebt service and operation and maintenance of Project II shall b Ipaid first by the application of the balance - of water rent reven d erived from Dryden , Ithaca , Cayuga Heights and Lansing Town ' s McKinney ' s Water District ( 24% of such revenues ) . If such reve- i nues exceed the amounts needed to pay such costs , the surplus Ii shall be disposed of as set forth in the agreement . If such revenues be insufficient , the deficit shall be paid by the 1 municipalities in proportion to the water consumed from the System within each municipality in the immediately preceding four billing quarters . The portion paid by each municipality shall be determined by multiplying the deficit by a fraction , the denominator of which shall be the aggregate amount of water consumed from the System in Dryden , Ithaca , Cayuga Heights and t . Lansing Town ' s McKinney ' s Water District during such period , and the numerator of which shall be the amount of water from the System consumed in such period by the individual municipality whose share is being determined . For the purpose of computing amounts due for Project II , the water consumed in Lansing Town I shall be deemed to be only the water consumed in Lansing ' s BUYOUCOS & BARNEY I McKinney ' s Water District . The payments to the Commission for ATTORNEYS AT LAW SAVINGS BANK BUILDING Project II shall be made simultaneously with the payments for ITHACA, NEW YORK 14850 Project I . • fr 2 / 17 / 77 . • 3 / 11/ 77 6 // 9/ 77 1 - 29 - 1Z / 5 / 78 6/ 5 / 79 III . WATER RENT SURCHARGES AND BENEFIT UNIT CHARGES I; Nothing contained in this Schedule or elsewhere in jthis agreement shall prohibit each of the municipalities that 1 is a party hereto from adding a surcharge to the water rate schedule or assessing benefit unit charges to customers within their own municipality for the purpose of financing debt service or operation and maintenance charges of water supply facilities II owned and operated individually by the municipality , or for 1 the purpose of raising part or all of the funds to pay a municipality ' s share of the expenses related to Project I or Project II . IV . TRANSITION TO PROJECTS . To facilitate transition from other water sources to the water supply facilities of Project I , ( the "System " ) , which transition began to occur in the third billing quarter of 1976 , the parties agree that for the third billing quarter each I party to this agreement shall pay to the Commission an amount 1 calculated in accordance with the water rate schedule in effect prior to December 1 , 1976 applied against only those users within the boundaries of each party which were receiving water from the System and only for the period during such quarter that water • was so received . Any excess amounts paid by any party hereto above the amount so required shall be credited by the Commission at such time as may be determined by the Commission against I obligations due from such municipality up to August 15 , 1977 . Commencing with the fourth billing quarter of 1976 all parties hereto agree to pay to the Commission amounts due calculated in accordance with the water rate schedule annexed hereto applied OuCOS & BARNEY against all of the ultimate consumers within each party ' s ATTORNEYS AT LAW . INGS BANK BUILDING boundaries , who as of January 1 , 1977 were receiving water AU. NEW YORK SASSO • • • \ I� 2 / 17 /77 6/5/79 - 30 - 3 / 11/ 77 F 3W f rom the System , whether or not they in fact received water from the - System during the fourth quarter of 1976 . There shall be subtracted from the amount due from each municipality or party any amounts payable by said municipality to other providers of water , such as the City of Ithaca . As all consumers had been t ransferred from the City of Ithaca water source to the System by the beginning of the first quarter of 1977, commencing with i that quarter and thereafter each party hereto has and/or will pay t o the Commission amounts calculated in accordance with the water rate schedule attached to this agreement applied against all such consumers without payment of any amounts to the City of Ithaca . • JYOUCOS & BARNEY ATTORNEYS AT LAW . SAVINGS BANK BUILDING ITHACA, NEW YORK 14850 . • i i� - ./ _. nl 1 1 I i 111, it ,i I . � 1 . ..L . ij , 1� �16� �) z.�. `5Y �� �_, , . t . L I I i� 2 / 17 / 77 6 / 5 / 79 - 31 - 3/ 11 / 77 • 6/ 29 / 77 • 12/ 5/ 78 EXHIBIT . I WATER RATE SCHEDULE . Gallons Min . Water Unit Cost Cu . ft . Allowed ) Allowed Charge per Meter Min . Charge per ) =Min . Charge Per 1 , 000 Size Quarter ) Per Quarter Quarter Gallons Small 1 , 200 8 , 977 $ 16 . 59 $ 1 . 85 1 " 3 , 200 23 , 940 39 . 57 1 . 65 1 - 1 / 2 " 5 , 500 41 , 146 . 65 . 99 . 1 . 60 j 2 " 11 , 200 83 , 787 127 . 91 1 . 53 ' 3 " 16 , 000 119 , 696 168 . 76 1 . 41 4 " 24 , 000 179 , 544 . 237 . 69 1 . 32 6 " 42 , 100 314 , 950 390 . 87 1 . 24 First 1 , 200 cu . , ft . : per 100 cu . ft .. at 1 . 383 - 16 . 59 1 . 85 Next 8 , 800 cu . ft . per 100 cu . ft . at 1 . 147 = 101 . 10 1 . 54 Over 10 , 000 cu . ft . per 100 cu . ft . at . 851 1 . 14 iMultiple Housing and mobile home parks of over two dwelling units , using a master meter , will be computed as follows : The quarterly master meter reading will be divided by the number of dwelling units and the water charge will be figured on this number as I if the unit was individually metered . The water charge will then • be multiplied by the number of units on the master meter and this will be the billing rendered . • 'OUCOS & BARNEY . ATTORNEYS AT LAW • SINGS BANK BUILDING 4AG, NEW YORK $ 4050 • ■ • ` r. J. _ 2 / 2U 74 ' 6 / 5/ 79. SCHEDULE B 2 / 17 /77 3 /11/ 77 . • DEFINITION OF UNITS . 6/ 29/ 77 . FOR PURPOSES OF 12 /5 / 78 . CONNECTION CHARGES S ingle family house - 1 unit Two family house - 2 units Multiple dwellings - 1 unit for each dwelling unit Mobile home park - 1 unit for each mobile horse space Commercial property - 1 unit for each store or separate ( Not otherwise defined ) place of business S chool - education , non- residen- _ 1 unit for each 10 students or t ial faculty Group living accommodations - 1 unit for each 3 • beds or 3 occup ( e . g . , dormitories or other . f acilities where groups of . g enerally unrelated persons . . reside ) - Motels - 1 unit for each sleeping room • B oarding houses and rooming - 1 unit for eaca sleeping room or . houses for each two occupants , whichever results in more units P rofessional offices . 1 unit for each office Gas Stations 1 unit for each service bay or st Industrial - 1 unit • for each 16 , 000 cubic fee or part thereof of water estimate to be consumed annually Restaurants and food service • - 1 • unit plus 1 unit for each establishments 5 , 000 square feet of building floor area Any use or occupancy which is reasonably susceptible of inclusion in more than one category shall be deemed to be in the category resulting in the largest number, of units . The final determination of the applica category shall rest with the Commission . • - Any uses. not sp &cifically defined may be defined by the Commission _ • • aM • . 1 - . . .. . . ,. a yr. � • r..►:. , r!� r- y� ^ r. : '�"'I -:.G�:I- .� .v`1'/.►i1�1JC`. •�.i- •4'. •�.tr- •- ..�i .4�... - '!-•• ✓' .y�'ff."'Y _ ti+� iida i .a =l i • . ' i , Purpose : Water Supply Water Distribution System System Bond Resolution Date : 4 - 9 - 74 & 12 - 3 - 74 4 - 9 - 74 Authorized Amount : $ 6 , 070 , 000 $ 1 , 930 , 000 P . P . U . - 40 years - 40 years Date of First Borrowing : 11 - 29 - 74 11 - 29- 74 Minimum : $ 209 , 000 $ 66 , 000 Consolidates Maximum : 313 , 500 99 , 000 Schedule Amount to Bond : $ 5 , 320 , 000 $ 1 , 680 , 000 $ 7 , 000 , 000 8 - 15 - 77 $ 209 , 000 $ 66 , 000 $ 275 , 000 8 - 15 - 78 209 , 000 66 , 000 275 , 000 8 - 15 - 79 - 209 , 000 66 , 000 275 , 000 8 - 15 - 80 228 , 000 72 , 000 300 , 000 8 - 15 - 81 228 , 000 72 , 000 - 300 , 000 8 - 15 - 82 228 , 000 72 , 000 - 300 , 000 8 - 15 - 83 247 , 000 78 , 000 325 , 000 8 - 15 - 84 247 , 000 78 , 000 325 , 000 8 - 15 - 85 266 , 000 84 , 000 350 , 000 8 - 15 - 86 266 , 000 84 , 000 . 350 , 000 8 - 15 - 87 285 , 000 - . 90 , 000. 375 , 000 8 - 15 - 88 285 , 000 90 , 000 375 , 000 8 - 15 - 89 285 , 000 90 , 000 375 , 000 96 , 000 400 , 000 304 , 000 . 1 - 15 - 90 8 - 15 - 91 304 , 000 96 , 000 400 , 000 8 - 15 - 93 8 - 15 - 92 304 , 000 - 96 , 000 . 304 , 000 96 , 000 400, 000 0 400 , 000 00 , 8 - 15 - 94 304 , 000 96 , 000 400 , 000 8 - 15 -. 95 304 , 000 96 , 000 $ - 15 - 96 304 , 000 96 , 000 400 , 000 Bonds Dated : 12 - 15 - 76 • Bonds Due : 8 - 15 - 77 / 96 Interest : 1st Coupon 8 - 15 - 77 and thereafter on 2 - 15 and 8 - 15 • • ■ I • . . . ` • . i. - •, . . . . . r. • • • • • W , U) ' G W CC a 0 H A L.1"\ O O O O trl O O trl to u1 to N O trl • H a .s co N Cam, co tr\ O. 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Z in in Ul O O O trl in 0 0 u\ tr\ 0 0 0 0 0 0 0 0 N N N O O O N N Ul C` N- O . 0 0 0 0 O 0 0 CC G • N N N Kl r l t+'c to t11 M rn t+1 4- 4- 4- 4- 4- modos -* 0 a a a N- • . • A ran Iri - a PC a G N to 4" 10 00 Q . O N P • � 0 Owl C\ C co � Cam. CC\ _ •• co • • • p� • � O\• 9 i d 1 ' ' ' 911 Ib'', { II 11 1 I I 114 ( 191 1 1 I 1 1 t v IL ii• ay cease to collect money from HBO customers . Atty Perkins suggested to Mr Cynoske that he would have to come to the Town Board to ammend the franchise if they wanted to charge a deposit . Atty Perkins reported that he had talked with NYSDOT and the town should be receiving from them the original assignment of the preferential rights for the r- o -w from East Ithaca to Freeville . Supv Cotterill wanted to make sure when the town made an offer the LVRR included the r- o-w from Dryden Village to Freeville and from Freeville to East Ithaca . TOWN CLERK RESOLUTION # 107 PAY POLLING PLACES Clw Graham offered the following resolution and asked - for its adoption . RESOLVED , that the following polling places receive $ 75 . 00 each for the year 1979 for the use of their facilities : Varna , Etna ( Houtz Hal ), Bethel Grove , Ellis Hollow , • Etna Fire Station and Freeville Fire Station . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 108 APPOINT ELECTION INSPECTORS Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint Robert Sullivan to replace Jane Trumbull in Dist # 3 and appoint Suzanne Fox to Dist # 6S as Democrat election inspectors . 2nd Clm Metzger Carried Reported she had attended Dog License seminar at SUNY Binghamton . ZONING OFFICER 10 permits for the month of June . ZBOA held 3 hearings .. 1 - family room on a house which is to close to the property line - granted . 2- lot without adequate road frontage on Turkey Hill Rd . - granted . 3 - 3 lots on Whitted Rd - reserved decision . Reported on Mr Robinson - Judge Newhart gave him this week to finish his job of cleaning up the property or would pay a fine retroactive to sometime in April . Mr Robinson said that the county owns the property now , unless he can get it back for unpaid taxes . Supv Cotterill asked Z . O . Stewart to follow up on the matter and if the county does 'own the property when are they going to clean it up . Z . O . Stewart will close his office from July 30th to August 4th for vacation . Clm Webb was wondering if a special permit would be required for an old mill that had been used for potato and cabbage storage that has not been in operation for over 1 year . Z . O . Stewart said if it hasn ' t been in use for a year then the special permit use runs out . Clm Webb said it would be used for repair and pump storage . It was decided that there should be a new application for a special permit . CORRESPONDENCE Supv Cotterill reported that the County is at a point now to decide on whether or not they want to form a dog control commission . Should there be one dog contract for all the towns or do the towns each want one individually . The main difference is that it will be a state law that the towns are going to have to come up with a Dog Control Officer and have facilities . The advantage of a county commission would be that all the fees would be universally equal in all the towns in the county . The committee from the Tomp Co Municipality Association recommended that the county commission have one group and one contract , and the towns turn the money over to the commission for this service from the dog monies collected . The county would like some f gd back from the towns to see if they would like one contract or to go on their own . Supv Cotterill said that all money collected from dog licenses are to be used strictly for dog control , neutering , spaying , it cannot be put in the general fund . • Clw Graham felt that there should be a uniform fee for all dog licenses , one dog control officer and facilities . Clm Webb and Clm Metzger were also in favor for a dog control - county commission . Clm Tarr abstained Report from the Health Deprin regard to the survey in the Yellow Barn Rd , Freeville and Etna area . They did not investigate mobile home parks . Letter from the Board of Directors ; Dryden Senior Housing thanking the Town Beard for all the assistance they have given Willowbrook Manor making it a reality . Letter from Paul Houston on Snyder Hill Rd with regard to a dangerous intersection at Quarry and Ellis Hollow Rd . •> 6eO JUSTICE REPORTS Judge Newhart - $ 1509 . 00 Judge Sweetland - $ 2945 . 00 RESOLUTION # 109 DRYDEN SUMMER RECREATION COMM . PAYROLL Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that the Supv be authorized to process a payroll every two weeks for the Dryden Summer Recreation Commission . The vouchers will be audited at the Town Board meeting following the end of the program . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 110 TRANSFER FROM ITEM # la to ITE4 # 1 IN THE HIGHWAY FUND . Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that the Supv be authorized to transfer $ 37 , 323 . 21 from Item ilia to Item # 1 in the Highway fund . 2ndi Clm Tarr Roll call vote - all voting YES RESOLUTION # 111 TRANSFER FROM APPROPRIATED FUND BALANCE TO A3510 . 4 FOR DOG CONTRACT • WITH SPCA . Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that the Supv be authorized to transfer $ 1 , 000 . 00 from appropriated fund balance to A3510 . 4 for Dog Control Contract with the SPCA . 2nd Clw Graham Roll call vote - all voting YES RESOLUTION # 112 AUDIT HIGHWAY BILLS Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that the Highway bills be paid as audited . 2nd Clm Tarr Roll call vote - all voting YES RESOLUTION # 113 AUDIT GENERAL FUND BILLS Clw Graham offered the following resolution and asked for its adoption . RESOLVED , that the General fund bills be paid as audited . 2nd Clm Webb Roll call vote - all voting YES FINANCIAL REPORTS REVEUNUES EXPENSES General Fund A $ 3759 . 47 $ 31574 . 98 General Fund B 639 . 13 894 . 24 Fire Protection District 93 . 64 412 . 87 Federal Revenue Sharing 114 . 77 - 0 - Capital Fund - 0 - 758 . 04 Highway Fund Adjourned : 9 : 55 PM Z-bOanc'?&-k- Susanne Lloyd Town Clerk