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HomeMy WebLinkAbout1987-08-12August 12, 1987 The Lansing Town Board met in Regular Session at on August 12, 1987 at 8:00 P.M. with Supervisor Howell Herbert H. Howell Louis Bush Louis Emmick Bert Hilliard Jeannine Kirby Robert Williamson Bonita Boles ROLL CALL Supervisor Councilman Councilman Councilman Councilwoman Town Attorney Town Clerk the Lansing presiding. Present Present Present Present Present Present Present Town Hall Visitors: David Herrick, Deputy Town Clerk, Debbie Crandall, Highway Superintentent, Howard Groat, Lorraine Bard, S.P.C.A. rep. Robin Remick, Richard Shulman and son, Alvin White, Helen Howell. John Kaminski, Robert Caliel, TomTran rep., Dwight Mengel and one Ludlowville resident. The Supervisor called the meeting to order having the clerk take Roll • Call. Robin Remick presented a bid for "dog control" for the year 1988 from the S.P.C.A. She asked for fair consideration of her proposed bid. After some discussion between the Town Board, Robin Remick and Lorraine Bard, the board tabled this until some consideration could be given to the S.P.C.A.'s bid and also to Lorraine Bard's proposed Contract. Dwight Mengel, a representive from TomTran discussed in detail, the TomTran organization and how they operate. The Lansing Town Board felt the Town of Lansing residents have not been given a fair shake in the whole system. After much discussion, it was decided that Mr. Mengel would put together a survey that would be distributed through out the Town of Lansing and would also be in the next Lansing News Letter in October of 1987. Mr. Robert Caliel will work with Mr. Mengel on said survey form. TomTran will pay for expenses incurred in making up said survey. A representative from the Ludlowville Association stated that he would take the survey form to a Ludlowville Association meeting and distribute them to the residents who attend this meeting. Mr. Williamson discussed the contents of the Agreement between the Village of Lansing and the Town of Lansing for the proposed Lansing Water District # 11. RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mrs. Kirby: RESOLVED, that the Supervisor is hereby authorized and directed to sign said Agreement on behalf of the Town of Lansing effective August 12, 19870 Vote of Town Board Herbert Howell, Supervisor Voting (Aye) Louis Bush, Councilman Voting (Aye) Louis Emmick, Councilman Voting (Aye) Bert Hilliard, Councilman Voting (Aye) Jeannine Kirby, Councilwoman Voting (Aye) A copy of said Agreement is attached hereto and made a part thereof. RESOLUTION offered by Mr. Hilliard, who moved its adoption, seconded by Mr. Bush: RESOLVED, that the Bookkeeper is hereby authorized and directed to make • necessary acct..transfersfeh HUD Project I (#B- 83 -DH -36 -0359) to zero out deficits in Base Project Technical and Brickyard Road Extension areas, by using surplus' in Administration and Legal, water main construction and Brickyard Road Extension areas. Said Hud I Project will then be closed out. Audit of said account will be financed by HUD. Vote of Town Board Herbert Howell, Supervisor Voting (Aye) Louis Bush, Councilman Voting (Aye) Louis Emmick, Councilman Voting (Aye) Bert Hilliard, Councilman Voting (Aye) Jeannine Kirby, Councilwoman Voting (Aye) David Herrick gave an updated report on Lansing Water Districts 2, 8 and 10. He stated that all three schools should be completed by the time school opens. The Town Board gave Mr. Emmick permission to write Mr. Frank Liguori a letter on behalf of the board giving them permission to investigate the possibility of receiving some type of grant to service residents of Drake Rd. who would like to be hooked up to Public water. Supervisor Howell presented his monthly report. 41 Continued, August 12, 1987 RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mr. Bush: RESOLVED, that the Town Board hereby approves Change Order Number 1 (Girls School) to modify the pressure reducing vault located at the corner of North Triphammer Road and Peruville Road, said cost to be $ 1,850.00. Vote of Town Board Herbert Howell, Supervisor Voting (Aye) Louis Bush, Councilman Voting (Aye) Louis Emmick, Councilman Voting (Aye) Bert Hilliard, Councilman Voting (Aye) Jeannine Kirby, Councilwoman Voting (Aye) RESOLUTION offered by Mr. Bush, who moved its adoption, seconded by Mr. Emmick: RESOLVED, that a Public Hearing for the Extension of Water District No. 7 will be held August 27th, 1987 at 5 :00 P.M. at the Lansing Town Hall, Lansing, New York, and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to publish notice of such hearing in the Ithaca Journal News and to post it on the Town Hall Bulliten Board. Vote of Town Board Herbert Howell, Supervisor Voting (Aye) Louis Bush, Councilman Voting (Aye) Louis Emmick, Councilman Voting (Aye) Bert Hilliard, Councilman Voting (Aye) Jeannine Kirby, Councilwoamn Voting (Aye) Said Order attached hereto and made a part thereof. Dave Herrick agreed to check on the survey marks on the gravel bank and road in Myers, also the survey marks at the Lansing Park. Said property was owned by Mr. James Bower. RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mr. Hilliard: WHEREAS, the agreement for gravel between the Town of Lansing and the Thompson's expired on August 1, 1987 and: WHEREAS the Town wishes to extend the contract for an additional two (2) years and WHEREAS Thompson is willing to extend the agreement for the two (2) year term on the same terms and conditions as the initial agreement. Now therefore on recommendation of the Highway Department, be it RESOLVED, that said agreement be extended on the same terms and conditions for an additional two (2) year period, be it further RESOLVED, that the Supervisor be and he hereby is authorized to execute said agreement on behalf of the Town. Vote of Town Board Herbert Howell, Supervisor Voting Louis Bush, Councilman Voting Louis Emmick, Councilman Voting Bert Hilliard, Councilman Voting Jeannine Kirby, Councilwoman Voting Said Copy of agreement on file in the Town Clerk's off (Aye) (Aye) (Aye) (Aye) (Aye) ice. The Insurance problem on employees driving their own cars on Town business was discussed in detail. This was tabled until further information could be obtained. I Carried. Mr. Bush stated that the town board should have more imput from the Planning board. A copy of the minutes of July 8th and July 29th having been furnished to Member of the board beforehand, the Supervisor asked for a motion to propose corrections oT to accept same as submitted. RESOLUTION, offered by Mr. Emmick, who moved its adoption, seconded by Mrs. Kirby: RESOLVED, that the minutes as submitted by the clerk be-approved. Carried. RESOLUTION, offered by Mr. Bush, who moved its adoption, seconded by Mr. Emmick: NOTICE IS HEREBY GIVEN that on the 12th day of August, 1987, the Town Board of the Town of Lansing, Tompkins County, New York,-adopted an Order calling for a Public Hearing to be held on the 27th day of August, 1987 at the Lansing Town Hall Lansing, New York at 5:00 P.M., a copy of such Order being as follows: ORDER OF TOWN BOARD SPECIFYING TIME AND PLACE OF PUBLIC HEARING ON EXTENSION OF LANSING WATER DISTRICT NO. 7 At a meeting of the Town Board of the Town of Lansing held at the Town Hall in the Town of Lansing, Tompkins County, New York on the 12th day of August, 1987, at 8:00 P.M. . were Herbert H. Howell, Supervisor Bert Hilliard, Councilman Louis Emmick, Councilman Pat Bush, Councilman Jeannine Kirby, Councilwoman Present In the matter of the extensions of Lansing Water District No. 7, Town of Lansing County of Tompkins, State of New York, pursuant to Article 12 -A of the Town Law. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of Lansing relating to the areas to be included in the extensions of Lansing Water District No. 7 in the Town of Lansing. And WHEREAS, such map, plan and report have been duly filed in the Town Clerk' office of said Town; and WHEREAS, said map, plan and report were prepared by T.G. Miller, P.C. and Associates, Engineers and Surveyors, Ithaca, New York, duly licensed by the State of New York, showing the boundaries of the proposed extensions to said water district, A .. - 2 - plan of the water system extensions and reports of the proposed method of operations; and WHEREAS, said map and plan show the extension of said Water District No. 7 and the facilities to be included; and WHEREAS, the boundaries of the proposed extension to said Water District are described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the proposed improvements are as follows: 1.) Water Systems Extension to New York State Division For Youth Lansing Residential Center: SERVICE AREA: This project will provide public water service to tax map parcels and frontage protion of larger parcels, including New York State Division For Youth Lansing Lansing Residential Center. Water mains will be constructed along Auburn Road, N. Tiphammer Road and Peruville Road. WATER SUPPLY: Treated Water requirements, estimated not to exceed an average of 18,100 gallons per day, will be purchased from the Southern Cayuga Lake Intermunicipal Water commission (Bolten Point Supply). The Town of Lansing is a member of the commission and the capacity of the Bolten Point Supply is considered more than adequate to serve this project. - 3 - WATER SYSTEMS TO BE CONSTRUCTED - As shown on the Plans, the facilities to be constructed will consist of approximately 59725 + feet of 8 inch ductile iron water main together with valves, hydrants and related appurtances. 2.) Water Main Extension to Hamlet of Ludlowville: SERVICE AREA - Under this project, public water service will be provided to the 72 residences (100 living units), and 7 lots which are located along the 1.6 miles of proposed watermains to be constructed in the Hamlet of Ludlowville. Watermains will be constructed along Ludlowville Road, Maple Avenue, Mill Street, Green Avenue __Dug Road, and Salmon Creek Road. WATER SUPPLY - Treated water requirements, estimated not to exceed 25,000 gal. /day aver. with ultimate development in Ludlowville, will be purchased from the Southern Cayuga Lake Intermunicipal Water Supply Commission (Bolton Point Water Supply) via the existing Town system. The Town of Lansing is a member of the commission. WATER SYSTEM TO BE CONSTRUCTED - As shown on the accompanying plan, the water system proposed consists of approximately 7000 feet of 8 inch ductile iron pipr together with valve, fire hydrants, and related appurtenances -4- Due to changing topography, static main pressures along the route would naturally vary from 100 to 150 PSI. By use of main line pressure reducing stations and pressure reducers on household services where appropriate, service pressures: will be maintained in a 35 to 60 PSI range. Hydrants will be installed at appropriate intervals along the route for fire protection. And WHEREAS, the method of operation will be as follows: Water will be drawn from the existing Lansing Town Water System by connection at Woodsedge Drive, for the extension to N.Y.S.D.F.Y., and at Ludlowville Road, for the extension to Hamlet of Ludlowville. Pressure and volume including storage will be provided by a pumping station and 1 MG Gallon tank previously installed under water district 4 and 5. As mentioned above, hydrants for fire protection will be provided along the route, and WHEREAS, the proposed project for the extension of water mains and appurtenances to Lansing Water District No. 7 are being completely financed by a U.S. Department of Housing and Urban Developement Grant and pursuant to contract between the Town of Lansing and the State of New York totaling the following sums: 1.) HUD Hamlet of Ludlowville project $391,100.00 and 20) N.Y.S. D.F.Y. Contract totaling $208,000.00 and, - 5 - WHEREAS, no capital costs will have to be financed by bonding or be paid by annual debts service assessments by those properties included in the district for the facilities. Maintenance and operating costs will be financed by metered water revenues. The Average annual cost per house unit is estimated between $120 and $150.00, and WHEREAS, said map, plan and report describing the extension of the said water district No. 7 are on file in the Town Clerk's office for public inspection; NOW, on motion of Mr. Bush seconded by Mr. Emmick it is hereby ORDERED, that the Town Board of the Town of Lansing hold a public hearing at the Lansing Town Hall in said Town of Lansing on the 27th day of August , 1987 at 5:00 P.M. on that date and consider said map, plan and report and to hear all persons interested in the subject thereof concerning the same and to take such action thereof as is required or authorized by law. The adoption of the foregoing order was duly put and upon call the vote was as follows: Herbert H. Bert Hi11ia Louis Emmic Pat Bush, C Jeanine Kir H r k 0 b ow d, u y0) ell, Supervisor - voting Aye Councilman - voting Aye Councilman - voting Aye cilman - voting Aye Councilwoman - voting Aye The order was thereupon duly adopted. August 12:-, 1987 to a vote u 1` -6- STATE OF NEW YORK ) ss.. COUNTY OF TOMPKINS) Tom com fit Cou of p p e n s k a d t a I, ins red in y9 id BONITA BOLES, Town Clerk of the Town County, New York, do hereby certify the preceeding resolution with the my office in the Town Hall, Town of New York, and that the same is a original and the whole thereof. of Lansing, that I have original thereof Lansing, Tompkins true and correct copy I further certify that all members of the Town Board had due notice of the meeting at which said resolution was adopted. In testimony whereof, I have hereto set my hand and affix the seal of the Town this 12th day of August 1987. BONITA BOLES, own CleFF Town of Lansing, Tompkins County, New York Exhibit A TOWN OF LANSING WATER DISTRICT NO. 7 BOUNDARY EXTENSIONS All that tract or parcel of land situated in the Town of Lansing, County of Tompkins, State of New York being comprised of the following tax map parcels in their entirety or portions of larger acreage parcels to a depth of 300 feet more or less which are adjacent to watermains or proposed watermains. Auburn Road - from original Water District No. 7 boundary to approxiately 530 feet south of Bower Road North Side = Mae Block Parcel 31 1 17 31 1 16.2 Frontage 31 1 18 South Side - 37.1 2 10 (Portion of parcel not originally included in Water District No. 7) 37.1 2 11 37.1 2 12 37.1 2 13 37.1 2 14 37.1 2 15 West Side - 31 1 15 31 1 14 Frontage 31 1 13 Partial Frontage East Side - 30 1 16.1 Frontage 30 1 15 30 1 14 30 1 13 30 1 12 30 1 11.2 Frontage 30 1 11.1 30 1 1.2 Partial Frontage 30 1 101 Frontage Peruville Road - from Auburn Road to approxiately 375 feet east of North Triphammer Road North Side - Mae Block Parcel 31 7 1 31 7 2 Peruville Road - North Side (cont.) - map Block 31 7 South Side Parcel 3 37.1 Road 2 17 37.1 37.1 37.1 Block 2 2 2 18 19 20 37.1 5 2 21 North Tr Per Eas Map 37. 30 iphammer Road - uville Road to t_ Side - Block 1 3 1 from approxiately 350 feet south of Auburn Road Parcel 1.2 16.2 Frontage Brickyard Road West Side - - from original Block 32 Water District 26 5 No. 7 boundary and Water 5 District 5 No. 2 boundary to Ludlowville 5 26 Road North Side - Map Block 32 1 South Side - 32 1 .. 32 1 32 1 32 1 32 1 Ludlowville Road - from Water Ridge Road West Side - Map Block 32 1 26 5 26 5 26 5 26 5 26 5 26 5 26 5 26 5 26 5 East Side - 27 1 26 10 26 10 2.6 10 26 10 26 9 Parcel 22.1 22.3 6.1 7 6.2 6.3 District No. 10 boundary to Parcel 4 16 15 14.2 14.3 14.1 13 12 17 18 30 10 9 11 12 7 Frontage Ludlowville Road - East Side (cont.) - map Block 26 9 26 9 26 9 Parcel 8 9 10 North Side - 26 7 10 26 7 11 26 6 9 26 6 10 26 6 11 26 6 13 26 6 12 26 6 14 27 1 18.2 Frontage South Side - 26 5 11 26 5 10 26 5 9 26 5 8 26 5 7 26 5 5 26 5 20 Frontage 26 5 4 26 5 3 26 5 2 Maple Avenue - from Ludlowville Road to Mill Street West Side - Map Block Parcel 26 9 6 26 9 4 East Side - 26 10 13.2 26 10 14 26 10 15 26 26 10 10 16 1 Mill Street - from Ludlowville Road to Green Avenue North Side - Mae Block Parcel 26 7 9 26 7 8 26 7 7 26 10 4 South Side - 26 9 1 26 9 2 1 Green Avenue - from Mill Street to end West Side - Map Block Parcel 26 10 2 26 10 3 East Side - of the said District and 26 10 12 5 26 10 13 6 26 10 14 7.1 26 10 15 7.2 26 10 1 8 Duq Road - from West Side Map 26 26 26 -Mill Street to end Block Parcel 7 6 7 5 7 4 East Side - 27 1 28.11 Frontage 26 8 2 26 8 1 27 1 28.12 Frontage 26 7 2 Salmon Creek Road - from Ludlowville Road feet south of Salmon Creek bridge West Side - Map Block Parcel 26 6 8 26 6 7 26 6 6 26 6 5 26 6 4 26 6 3 26 6 2 26 6 1 East Side - of the said District and 26 7 12 or parts 26 7 13 copies 26 7 14 County 26 7 15 Town 26 7 1 ,, to approxiately 50 The boundaries of the said District and the Tax Map Parcels or parts thereof included are as shown on copies of the Tompkins County Tax Maps on file at the Lansing Town Clerk's Office. AGREEMENT This Agreement made the 04-- L day of 1987, by and between the Village of Lansing, a municipal corporation in the County of Tompkins,.State of New York, hereinafter referred to as the "Village ", and the Town of Lansing, a municipal corporation in the County of Tompkins, State of New York, acting on behalf of the Water District No. 11, hereinafter referred to as the "Town ", WITNESSETH: WHEREAS, the Village is the owner of a Village Water System within its boundaries, including waterlines through the Village to the Southern Cayuga Lake Intermunicipal Water Facility, and WHEREAS, the Town and Village are both members of the Southern Cayuga Lake Intermunicipal Water Facility, and WHEREAS,-the Town, on behalf of Water District No. 11 , wishes to contract with the Village of Lansing; and WHEREAS, the Village is authorized to contract with a Water District of a municipality outside of its boundaries; and WHEREAS, Water District No* established pursuant to Article 12 the Town of Lansing adjacent to the and the Town, acting on behalf of construct or has constructed a water 11 is an improvement duly A of the Town Law located in west boundary of the Village, said District, is about to system in said District; and WHEREAS, there exists in the Village additional excess capacity in its lines and system to provide the water to said Water District; and WHEREAS, the Town on behalf of the District is desirous of executing a contract with the Village providing for the hook -up and connection of the water system in the District to the water system of the Village; and WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission ( "SCLIWC ") has approved the plans and specifications for the Water District No. 11; and WHEREAS, the Town Board of the Town of Lansing and the Village Board of the Village of Lansing have authorized their Chief Executive Elected official to execute a contract for said services on behalf of each respective municipality; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: i 1 1 . Subject to the terms and conditions hereinafter set forth, the Village hereby grants to the Town permission to connect to the Village water system the Town of Lansing Water of District No* 11 ( "the he Water system of ict the )Village of Lansfor the ng of rom obtaining water through t the Southern Cayuga Lake Intermunicipal Water Commission. 2. a. It is recognized by the parties hereto that the capacity of the water system in the Village is limited and may not be adequate to carry all water to all points during the term of this agreement and that the water system residents of the Village is primarily for the use of the Village secondarily for users outside the Village. In the event that the Village shall determine at any time that the Village waterlines, or water system are not adequate to carry the water through said mains, lines or system, then the Village may require the Town to construct new facilities or enlarge existing wate rm ains in the Village to handle No. ell regTheeTownr shat1, within Lansing Water District after written notification from the Village, take necessary action preliminary to the construction or enlargement of said facilities. If new facilities are constructed or existing watermains enlarged in the Village, the Town shall provide all plans for construction to the Village engineer and all plans shall be approved by the Village. Thereafter, all work, all construction, inspection and all matters in connection therewith shall proceed under the supervision and direction of the Southern Cayuga Lake Intermunicipal Water Commission and the Village and at the sole and exclusive facility in the hVillager District* shall become the such new or enlarged property of the Village upon completion. In the event that the Village determines that its mains, lines or water system are not adequate to carry water as provided herein, the Village may refuse any additional hook -up in the Water District until any and all corrective work as required herein has been completed. Any and all determinations as to the capacities of lines within the Village shall be made by the Village. b. In the event that there is a water shortage as determined by the Village Engineer and the Superintendent of the Southern Cayuga Lake Intermunicipal Water Commission, the Town hereby consents that the Village may after as much notice as reasonably possible, curtail or terminate the supply of water to be provided to the Water District hereunder. In the event of such curtailment or termination, the Village for any the damagesr resulting shall have no claim against therefrom. 3. For the purpose of ef.fectuating,,and enforcing the foregoing paragraph, the Village may require the Town to furnish to the Village monthly or other periodic reports of water usage r' and water flow rate for the Water District and the properties contained therein. 4. a. The Town and Water District No. 11 shall be solely responsible for all installation and construction for the hook -up to the Village water system as provided herein. Upon completion of the hook -up and commencement of water service, the Town shall be responsible for repair and maintenance of any and all waterlines constructed and installed in the District. Any installation, construction, repair and maintenance performed by the Town with respect to such hook -up shall be at the sole cost of the Town and Water District and shall be performed in accordance with specifications and under the supervision of the Village engineer and Town engineer and pursuant to any and all federal, state and local rules and regulations governing the Village water system and its operation, including the .rules and regulations of the Village and the Southern Cayuga Lake Intermunicipal Water Commission, as well as the rules and regulations of the Town water system. b. The Village shall have the right at all times to inspect and supervise installation, construction, repair and maintenance of the waterlines and water system to be constructed in the Water District. Notwithstanding any other terms or provisions of this agreement, in the event that the.Village deems it necessary to inspect, supervise, repair or maintain the apparatus, pipes or equipment installed by the Town in the District for the purpose of connection to the Village water system, the Town hereby grants to the Village on behalf of its successors and assigns a right of ingress and egress to such pipes, equipment and apparatus such right of ingress and egress being for the purpose of maintaining the Village Water system properly and as the Village deems necessary and appropriate. c. In addition to the foregoing, the Town and its successors and assigns to the extent legally permissable, shall provide reasonable access to private properties within the District for inspection by federal, state and local authorities and agencies as 'required. Any easements from private property owners within the District to the Town shall provide also for access to such easement area by the Village for the purposes of this agreement. d. Any and all connections between buildings and the watermains in said District shall be constructed and completed in accordance with and under the supervision of the Southern Cayuga Lake Intermunicipal Water Commission and its rules and regulations. All required fees therefor shall be payable to the required parties. In addition, the Village, by its duly authorized agent or agents, may inspect any and all new connections between buildings and the watermains in said District. Installation and maintenance of any lateral connection 3 from any building to any main shall be the sole and exclusive responsibility of the individual property owners. The Town shall not approve or permit any connection until such connection has been approved by the Southern Cayuga Lake Intermu nicipa 1 Water Commission as provided hereine r e. The Town agrees to comply with any and all rules and regulations of the Southern Cayuga Lake Intermunicipal Water Commission and the Village relating to water service and connections thereto as now existing and from time to time amended, and such rules and regulations shall be binding upon the Town and all users within the Town Water District except insofar as such rules and regulations may be inconsistent Village e reserves the express provisions of this agreements right to deny approval for connection to the watermains within the Town District to any party not meeting the such rules and regulations or any other requirements of the federal, state and local rules and regulations governing the Village water system and its operation. f. The Town by its engineer, shall during the term of the agreement, study and examine the water system as required in order to maintain reports herein from time-to time aaso shall requestedin submit written repo writing by the Village. g. Upon connection of the Water District to the Village system, the Town shall thereafter enforce its local laws which provide for rules and regulations governing the use of the water system within the water districts of the Town of Lansing and all other applicable laws, rules and regulations. 5. In consideration for the use of the Village water system and facilities as provided herein, each property owner within the District shall pay to the Village for the purposes of connection to and use of the Village water system an annual amount eqaul to the annual benefit assessment which would be charged to such property owner if such property were situated within that portion of the Village served by the Village water system and immediately adjoining the District. Such annual charge shall be billed to and paid by such property owner in the same fashion as applies to Village property owners, and such annual charges shall be subject to all applicable laws, provisions, resolutions, rules and regulations of the Village as now existing or from time to time ' adopted by the Village governing the imposition 'and payment of such annual charges. All such amounts owing by individual property owners in the District shall be billed by the Town for the ensuing year annually on June 1. By March 1 of each year the Town Clerk in the Town of Lansing shall prepare and deliver to the Village a list of all property owners in the District including the number of units and the assessed value of the individual properties. By May 1 of each year the Village shall 0 prepare and deliver to the Town a statement amount due to the Village and the amount due owner in the District. On or before the 15th each year, the Town shall certify to the Vil owing by each individual property owner and thereof, whether paid or unpaid, shall be paid the Town on said August 15the of the aggregate by each property day of August of lage all amounts the total amount to the Village by 6. As to the annual water usage charges of the property owners within the District, it is agreed that all individual property owners of the District shall be.billed by the Town in the same fashion and at the same time as the Town issues such bills to all other residents of the Town. All such water usage charges shall be payable directly to the Town and the Village shall have no responsibility or obligation therefor. It is anticipated at the present time that the Southern Cayuga Lake Intermunicipal Water Commission will include all water usage charges for property owners within the District as part of the quarterly water bill issued to Town residents by the Commission and it is further anticipated that the Town will collect all such water usage charges. 7. This agreement shall be effective as of the�o= day of Qand shall continue in full force and effect for a period of five years from the date hereof and shall be renewed automatically annually thereafter, unless and until either party shall terminate the agreement upon giving one year I s notice to said vered the other in writing ithstands g tthehforegoi municipality. Not ng,f the parties of that this agreement shall terminate by necessity: a. Concurrently with the termination of the intermunicipal water agreement by and among the various municipalities known as the Southern Cayuga Lake Intermunicipal Water Commissions or b. Upon default of either party in the performance of the provisions and obligations set forth herein provided such party has been given 30 days written notice of such default and such default has not been cured within such 30 day period. 80 Upon any termination of this agreement, any new waterlines, mains or facilities of any kind hereafter constructed within the Village shall under all circumstances become the , property of the Village without expense and this agreement shall confer title t o the Village without any further agreement or writing. 9. The parties hereto hereby recognize that certain parcels of property within the Village and which adjoin or are near said Water District may hereafter require connection to the water system in said district for the purpose of effectively providing 5 water to such properties through said district. As a result thereof, the parties hereto hereby further agree as follows: a. The Town hereby grants to the Village permission to connect to and extend the water service of the water district into the Village and to connect individual properties and improvements thereon to such extension for the purpose of transporting water through the water system of said district to the said properties within the Village. b. The Village shall be responsible for the repair and maintenance of any and all water lines constructed an installed by the Village within the Town and the Village with respect to the permission granted herein. Any installation, construction, repair and maintenance performed by the Village with respect to such water lines and connections shall be performed in accordance with the specifications and under the supervision of the Village Engineer, and pursuant to any and all federal, state, and local rules and regulations governing the Village water system, Town water system and their respective operations. c. The Village and its successors and assigns, to the extent legally permissable , shall provide reasonable access to those properties to be connected to the water system as provided herein by federal, state and local authorities and agencies as required. d. Installation and maintenance of any lateral connections from buildings to the mains shall be the sole and exclusive responsibility of the individual property owners. e. In consideration of the use of the Town's water system and facilities as provided herein, each property owner within the Village covered by the provisions hereof shall pay to the Town for the purposes of connection to and use of the Town's water system, the same fees and charges imposed upon those property owners within the said Water District. With respect to such fees and charges, such amounts shall be billed to the individual property owners within the Village and payable by the Village to the Town in the same fashion and in accordance with the same procedure as applies to payment of Village fees and charges by the Town as set forth in paragraph 6 hereinabove. 10. The terms of this agreement, specifically the. permission granted hereby by the Village to the Town and Water District to connect to the Village's water system is conditioned and contingent upon written approval of the Tompkins County Health Department. 11. A waiver of any breach or default hereunder shall not be deemed a waiver of any subsequent breach or default of the same or similar nature. :M 6 12. This is the entire agreement of the parties and there have been no representations other than those contained herein. This agreement cannot be modified except in writing, signed by all parties. -13. This agreement shall bind the successors and assigns of the parties hereto. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written. By By VILLAGE OF LANSING TOWN OF LANSING 7 1 C 1 Continued August 12, 1987 RESOLVED, that General Fund bills # 419 through # 477 totalling $'112,532661 and Highway Fund bills # 290 through # 329 totalling $ 55,499076 be and the same are hereby approved for payment, be it further RESOLVED, that Water District # 2 bills be and the same are hereby approved for payment. Vote of Town Board Herbert Howell, Supervisor Voting (Aye) Louis Bush, Councilman Voting (Aye) Louis Emmick, Councilman Voting (Aye) Bert Hilliard, Councilman Voting (Aye) Jeannine Kirby, Councilwoman Voting (Aye) On motion, meeting adjourned at the call of the Supervisor nn 66 August 21, 1987 The Lansing Town Board met in an adjourned meeting on August 21, 1987 for the purpose of approving Bond Resolutions for Water Districts 8 and 10 and to discuss any other business that may come before said board. ROLL CALL Herbert Howell Supervisor Present Louis Bush Councilman Present Louis Emmick Councilman Present Bert Hilliard Councilman Present Jeannine Kirby Councilwoman Absent Robert Williamson Town Attorney Present Bonita Boles Town Clerk Present The Supervisor called the meeting to order having the clerk take the Roll Call, The Supervisor reconviened the meeting to Hilliard Exxon to obtain a quorum. RESOLUTION offered by Mr. Bush, who moved its adoption, seconded by Mr. Emmick: RESOLVED, that the Town Board hereby authorizes the construction of approximately 1800 feet of 8 inch diameter ductile iron water main, together with valves, fire hydrants and other related necessary appurtenances in and for Lansing Water District No. 8 of the Town of Lansing, Tompkins County, New York at a maximum estimated cost of $53,500 and authorizing the issuance of $53,500 Serial Bonds of said town to pay the cost thereof and be it further: RESOLVED, that the Supervisor is hereby authorized and directed to obtain said serial bonds on behalf of the Town. Vote of Town Board Herbert Howe112 Supervisor . voting Aye Louis Bush, Councilman . . voting Aye Louis Emmick, Councilman voting Aye Bert Hilliard, Councilman voting Aye The Resolution was thereupon declared duly adopted. Said Resolution attached hereto and made a part thereof. RESOLUTION, offered by Mr. Emmick, who moved its adoption, seconded by Mr. Bush: RESOLVED, that the Town Board hereby authorizes the construction of approximately 620 feet of 6 inch diameter ductile iron water main together with valves, fire hydrants and other related necessary appurtenances in and for Lansing Water District No. 10 of the Town of Lansing, Tompkins County, New York, at a maximum estimated cost of $ 19,150 and authorizing the issuance of $ 19,150 Serial Bonds of said Town to pay the cost thereof. and be it further: RESOLVED, that the Supervisor is hereby authorized and directed to obtain said serial bonds on behalf of the Town.