HomeMy WebLinkAboutTB Minutes 1967-09-11 169
SEPTEMBER 11 , 1967
The following are minutes of a Regular Meeting of the Town Board
held in the Town Offices at 108 East Green Street , City of
Ithaca at 4 : 00 P . M . D . S . T . on Monday , September 11 , 1967 .
BOARD MEMBERS : PRESENT : Supervisor William B . Kerr ; Councilmen
Joseph N . Mayer , Jr . , Harry N . Gordon and Harry U . Baker .
ABSENT : Councilman Andrew W . McElwee
ALSO PRESENT : Superintendent of Highways Marion Morey , Lozier
Engineer James Dunlap , Attorney James Buyoucos , Journal Reporter
• Elizabeth Rogers , Clerk Myrtie Hewitt . Arrived. for part of
the meeting Chairman of Planning Board Noel Desch , Attorney
Manley Thaler , Mr . James Belasco , two residents from West Hill
area .
RESOLUTION 104 - WARRANT
VOTED resolved to approve warrants dated September 11 , 1967
in the following amounts :
General Fund - - - - - - - - - - $ 445427 . 72
Highway Fund - - - - - - - - - - 4 , 522082
Northeast Sewer District - - - - - - - - - - 795 . 96
Slaterville Rd . Area Sewer District - - - - 875897 . 41
RESOLUTION 105 - MINUTES
VOTED resolved to approve minutes dated August 7 , 19670
RESOLUTION 106 - APPOINTMENT - DOG ENUMERATOR
VOTED resolved to appoint Mrs . Fran Earle , 1318 Hanshaw Road
as dog enumerator for the Town of Ithaca for 1967 , the enumer -
ating to be done in the month of October .
RESOLUTION 107 - BUDGET MEETING AND REGULAR
COMBINED
RESOLVED to hold preliminary budget meeting and regular meeting
as a combined meeting at 4 ; 00 P . M . Thursday , October 5 , 1967
to conform to Town Law ,
RESOLUTION 108 - RENEWAL BOND ANTICIPATION NOTE
• Northeast Sewer Dis ric
RESOLVED that bond anticipation notes heretofore executed by the
Town of Ithaca , in the amount of $ 500 , 000 pursuant to provisions
of resolution authorizing construction of a Sanitary Sewer
System to serve the Northeast Sewer District , Tompkins County ,
shall be renewed at 32/ interest and the Supervisor is hereby
authorized to execute such renewal and such other instruments
and take such other steps as may be legally requested to effect
such renewal . Duly adopted by the Town Board of the Town of
Ithaca on the 11th day of September 1967 .
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170
RESOLUTION 109 - BOND RESOLUTION - EXTENSION NO . 1
TO SOUTH HILL SEWER DISTRICT
Upon motion made by Councilman Joseph N . Mayer , Jr . and seconded
by Supervisor William B . Kerr the following resolution was
duly passed :
Bond Resolution dated September 11 , 1967
A Resolution authorizing the construction of a sewer system to
serve Extension No . 1 to the South Hill Sewer District in the
Town of Ithaca , New York , at a maximum estimated cost of
$ 106 , 000 and authorizing the issuance of $ 106 , 000 serial
bonds of said Town to pay the cost thereof .
RESOLUTION 110 - BOND RESOLUTION - EXTENSION
N0 . 2 TO SOUTH HILL SEWER
D R' ' 7.
Upon motion made by Councilman Joseph N . Mayer , Jr . and seconded
by Supervisor William B . Kerr the following resolution was
duly passed :
Bond Resolution dated September 11 , 1967
A Resolution authorizing the construction of a sewer system
to serve Extension No . 2 to the South Hill Sewer District in
the Town of Ithaca , New York , at a maximum estimated cost of
$ 130 , 000 , and authorizing the issuance of $ 130 , 000 serial bnnds
of said Town to pay the cost thereof .
RESOLUTION 111 - BOND RESOLUTION - EAST ITHACA
WATER DISTRICT
Upon motion made by Councilman Baker and seconded by Council -
man Mayer the following resolution was duly passed :
Bond Resolution dated September 11 , 1967
A Resolution authorizing the construction of lateral water
mains in various streets in and for the East Ithaca Water
District in the Town of Ithaca , Tompkins County , , New York ,
at a total estimated cost of $ 44 , 000 and authorizing the
issuance of $44 , 000 serial bonds of said Town to pay the
cost thereof .
RESOLUTION 112 - AWARD BIDS - - SNYDER HILL WATER
DISTRICT
WHEREAS , on September 8 , 1967 , bids were received for the
construction of Contract " A " - Watermains and Appurtenances ,
and Pumping Facilities , and Contract " B " - 500 , 000 Gallon
Water Storage Tank for the Snyder Hill Road Water District ;
WHEREAS , the Town Board has carefully considered the Engineers '
Report on these bids , and ;
WHEREAS , the Town Board has further considered the bids received
and the type of construction offered ;
NOW , THEREFORE BE IT RESOLVED : that the best interests of
the Snyder Hill Road Water District will be served by using
cement lined cast iron pipe in Contract " A " ;
9 /11 /67
AND BE IT RESOLVED , that the Contract for construction of
Contract A -Watermains and Appurtenances , and Pumping Facilities ,
using cement lined cast iron pipe watermains , be awarded to the
lowest responsible bidder , Compagni Construction Com an ,
Cortland , New York , at an estimated contract sum of 12 , 290 . 00 ;
AND BE IT RESOLVED , that the contract for construction of
Contract B- 500 , 000 Gallon Water Storage Tank , be awarded to
the lowest responsible bidder , Pittsburgh- DesMoines Steel
Company , Warren , Pennsylvania , at an estimated contract sum
of 33 , 344 , 00 .
RESOLUTION CARRIED .
RESOLUTION 113 - JUNIPER DRIVE ACCEPTED
AS TOWN ROAD
Upon the recommendation of Town Highway Superintendent Marion
Morey the Board voted to accept Juniper Drive as a Town road ,
deeded from Savey Construction Company , Inc . of Northview Road ,
Ithaca , New York . The deed to be recorded in the County Clerk ' s
Office ,
RESOLUTION 114 - HOMESTEAD CIRCLE ACCEPTED
AS TOWN 49amkO ILO
Upon the recommendation of Town Highway Superintendent Marion
Morey the Board voted to accept Homestead Circle as a Town
Road , deeded from Eastwood of Ithaca , Inc . The deed to be
recorded in the County Clerk ' s Office ,
RESOLUTION 115 - LOWER SPEED - WEST HILL AREA
Bundy , Hayts , DuBoice & Trumans -
burg Roads .
Resolved to appeal to the New York State Traffic Commission
to reduce the maximum speed limit in the areas of Bundy ,
DuBoice , Hayts and Trumansburg Roads ,
RESOLUTION 116 - BID SPECIFICATIONS - HIGHWAY
DEPARTMENT TRU K
Resolved to authorize Superintendent of Highways Marion Morey
to prepare bid specifications for a new F . W . D . truck for the
highway department at an estimated cost of $ 20 , 0000
RESOLUTION 117 - FENCING- Northeast Walkway
• Resolved to have the highway department install fencing along
property line of Wayne Abair , 306 Tareyton Drive to keep children
from walking on lawn along the northeast walkway .
RESOLUTION 118 - PAINTING -WATER TANKS
Resolved to negotiate with the City in contracting for experienced
painters to do the painting of the water tanks for the Town
on a rotation basis . In this way tanks would be taken proper
care of as painting was deemed necessary by the professional
painters .
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172
Drainage Problems in Northeast Area
Mr . Dunlap from Lozier Engineers submitted a preliminary study
and estimates for the Northeast area storm water drainage . The
alternates discussed in -) taking care of the excessive runoff of
storm water were storm sewers and/or drainage ditches .
1 . The installation of storm sewers on Hanshaw Road
from Salem Drive to a point west of Warren Road where a south
branch of Renwick Brook progresses cross - lot from Hanshaw Road ,
2 . The installation of storm sewers and construction of
drainage ditches from Salem Drive at Hanshaw Road and thence ,
southerly and southeasterly thru lands of the State of New York
and Cornell University to a point of discharge into a drain -
age course of Forest Home Creek .
The estimated cost of alternate one is $ 110 , 000 and the
estimated cost of alternate two is $ 170 , 000 , however if
the open drainage ditch is piped , the estimated cost is
$ 216 , 000 . The high cost to alternate two is contributed to
the need for large diameter pipe and with anticipated ground
water problems in crossing the golf course fairway . The
consenus of the Board was that alternate two would not
be economically feasible .
A profile map was also presented showing the storm water run
off - emptying into concentrated ponds whereby seepage would
be engineered to alleviate excess flow at any one time .
Additional study is to be made and estimates submitted on
the pond alternative .
Meeting adjourned 5 : 30 P . M .
Myrtle . Hewitt
Town Clerk
9 / 11 /67
OCTOBER 5 , 1967
The following are minutes of a combined Preliminary Budget
meeting and a Regular Meeting of the Town Board held in the
Town Offices at 108 East Green Street , City of Ithaca t
4 : 00 P . M . D . S . T . on Thursday , October 5 , 19679
BOARD MEMBERS PRESENT . Supervisor William B . Kerr , Councilmen
Joseph N . Mayer , Jr . , Harry U . Baker and Andrew W . McElwee ,
ABSENT : Councilman Harry N . Gordon
ALSO PRESENT : Walter Schwan , Hugh Travis , Stuart Lewis , Frank
Egan , Mrs . Ross , Noel Desch , Attorney James V . Buyoucos ,
Lozier Engineer James Dunlap , Journal Reporter Roger Langley ,
Clerk Myrtie Hewitt ,
RESOLUTION 119 - WARRANT
VOTED resolved to approve warrants in the following amounts
dated October 5 , 1967 :
General Fund - - - - - - - $ 325315 . 68
Highway Fund - - - - - - - 6 , 801 . 65
Slaterville Road Sewer Dist . - - - 86 , 747 , 04
RESOLUTION 120 - MINUTES
VOTED resolved to approve Town Board minutes dated September
11 , 1967 .
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RESOLUTION 121 - BOND RESOLUTION - EXTENSIONS
1 and 2 SECOND SO H H LL
WATER DISTRICT
Upon motion made by Supervisor William B . Kerr , seconded by
Councilman McElwee , the following resolution was duly voted
and passed :
Bond Resolution Dated October 5 , 1967
A Resolution authorizing the construction of a water distribution
system in and for Extension N0 . 1 to the Second South Hill Water
District ( 1966 ) in the Town of Ithaca , New York , at a maximum
estimated cost of $ 58 , 000 , and authorizing the issuance of
$ 58 , 000 serial bonds of said Town to pay the cost thereof .
• Bond Resolution Dated October 5 , 1967
A Resolution authorizing the construction of a water distribution
system in and for Extension No . 2 of the Second South Hill Water
District ( 1966 ) in the Town of Ithaca , New Ybrk , at a maximum
estimated cost of $ 13 , 000 and authorizing the issuance of $ 13 , 000
serial bonds of said Town to pay the cost thereof .
RESOLUTION 122 - YOUTH CENTER CONTRACT
VOTED resolved that the application for the . New York State
Youth Bureau Project for 1968 be approved , and that Supervisor
Kerr be authorized to sign an agreement witi the City of Ithaca
for the operation of the Ithaca Youth Bureau for the calendar
year 1968 .
RESOLUTION 123 - APPOINTMENT - Phoebe Bartholomew
VOTED resolved to appoint Mrs . Phoebe Bartholomew to fill the
vacancy left by Mrs . Jane % Ames at an annual salary of $4680 .
RESOLUTION 124 - APPOINTMENT - Deputy Clerk
VOTED resolved that Mrs . Bartholomew be appointed Deputy Clerk
and also be authorized to issue water and sewer permits for
the Town of Ithaca effective immediately .
RESOLUTION 125 - PUBLIC HEARINGS ON SPECIAL
DISTRICT ASSESSMENT ROLLS
VOTED resolved that the Town of Ithaca has prepared assessment
rolls of the parcels of land included in the following Special
Improvement Districts ;
• South Hill Extension Water District
East State Street Extension Water District
Northeast Water District
Hanshaw Road Sewer District
Renwick Heights Sewer District
Northeast Sewer • District
Ellis Hollow Road Sewer District
and has apportioned and assessed upon such parcels of land in
proportion to the amount of benefits the improvements shall
confer upon the same , the costs chargeable to said districts in
connection with the construction of public water and sanitary
10/5/67
174
sewer systems therein which are payable in the year 1968 ,
and therefore
BE IT RESOLVED that the Town Board will hold a public hearing
thereon at the Town Offices , 108 E . Green Street on the 9th
day of November , 1967 at 4 : 00 ; 4 : 05 ; 4 : 10 ; 4 : 15 ; 4 : 20 ; 4 : 25 ;
and 4 : 30 P . M . in the order listed above , at which time it
will consider any objections which may be made to said
assessment rolls and apportionments .
RESOLUTION 126 - HEARINGS ON FIRE PROTECTION
CONTRACTS
VOTED resolved that a public hearing be held by the Town •
Board at 4 : 45 d ' clock P . M . , November 9 , 1967 in the Town of
Ithaca Offices , 108 E . Green Street , City of Ithaca , for the
purposes of hearing all persons interested in the renewal of .
• contract with the City of Ithaca for fire protection for
• one year period on the basis of $ 19 , 886 . 00 for the year
1968 , for fire protection in the Town of Ithaca , excepting
the following areas , to wit :
a ) the Village of Cayuga Heights
b ) the area comprising all the territory lying
between the east boundary of the Village of
Cayuga Heights and the east boundary of the
Town of Ithaca
c ) the Hamlet of Forest Home exclusive of the
structure housing the Cornell University
Filtration Plant .
BE IT FURTHER RESOLVED that a public hearing be held by the
Town Board at 5 : 00 P . M . , November 9 , 1967 in the Town Offices ,
108 E . Green Street , City of Ithaca for the purpose of hear -
ing all persons interested in a contract between the Village
of Cayuga Heights and the - Town of Ithaca whereby the Village
agrees that its Fire Department will give fire protection
for the year 1968 in the Hamlet of Forest Home and in that
portion of the Town to the north of Forest Home and between
the east boundary of Cayuga Heights and the east boundary
of the Town of Ithaca .
RESOLUTION 127 - PRELIMINARY BUDGET HEARING
Supervisor Kerr proposed one change in the budget as consider -
ed by the Town Board at the October 5th meeting . He
suggested that an additional $ 120 be added to Town Hall
and Offices to cover the charge for a second parking space
rented from the City of Ithaca for use by Town employees .
RESOLVED that the Town Board does hereby prepare and approve
as a Preliminary Budget of this town for the fiscal year
beginning January 1 , 1968 , the itemized statement of esti -
mated revenues and expenditures as prepared ; a copy of which •
is made a part of these minutes and
BE IT FURTHER RESOLVED , that the Board shall meet at 4 : 35 P . M
on Thursday , November 9., 1967 at the Town Offices , 108 E . Green
Street , City of Ithaca , for the purpose of hearing any
person for or against any item or items there in and
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BE IT FURTHER RESOLVED that the Town Clerk shall give notice
of such public hearing in the manner provided in Sec . 113
of the Town Law , and that such notice shall be posted and
shall be published in The Ithaca Journal at least twice .
RESOLUTION 128 -MAILBOXES IN THE TOWN
VOTED resolved that the Town of Ithaca may have the authority
to designate the location of mailboxes within its rights - of - way
when the problems of clearing snow , drainage , safety and
utilities are involved .
RESOLUTION 129 - DATE SET FOR NOVEMBER BOARD
MEETING
VOTED resolved that to conform to Town Law the Town Board
will meet Thursday , November 9 , 1967 for a regular and
budget meeting combined .
RESOLUTION 130 - BID AWARD - - HIGHWAY DEPAR04ENT
TRUCK
Supervisor Kerr offered the following resolution and moved
its adoption :
WHEREAS , the Town Superintendent of Highways , did on
October 5 , 1967 , recommend to the Board the purchase of an
F . W . D . truck pursuant to the provisions of Section 142 of
the Highway Law , therefore
BE IT RESOLVED that the Town Superintendent of Highways ,
Marion Morey is hereby authorized to purchase in accordance
with the provisions of Article 5 -A of the General Municipal
Law the following : One Four Wheel Drive Truck and Snow Plow
Equipment from the Charles J . Blackwell , Inc . Horseheads ,
New York who submitted a bid of $ 2 + , 687 . 00 with trade - in
allowance for a 1958 Ford Truck with snow equipment of
$ 3 , 000 , making net delivered price of $ 21 , 687 . 00 .
RESOLUTION 131 - AGREEMENT - EASTERN HEIGHTS INC .
AND TOWN OF ITHACA
VOTED resolved that the Town Board of the Town of Ithaca ,
acting for and in behalf of the Snyder Hill Road Water District ,
authorizes Supervisor Kerr to sign an agreement between the
Town of Ithaca and. Eastern Heights , Inc . whereby Eastern
Heights , Inc . guarantees payment of assessments chargeable
to real property owned by their cooperation in the Snyder Hill
Road Water District each year until a total of 90 residences
are constructed and placed on the assessment rolls . Council -
man McElwee made the motion , seconded by Councilman Mayer and
an all " aye " vote carried .
RESOLUTION 132 - LETTER OF CREDIT - EASTERN HEIGHTS
FIRST NATIONAL BA OWN OF ITHACA
RESOLVED that a Letter of Credit covering a 5 - year. period from
the First National Bank and Trust Company of Ithaca should
be forthcoming authorizing Supervisor Kerr to draw on said
bank any sum or sums of money not exceeding $ 60 , 000 from the
account of Eastern Heights , Inc . , said monies to be used only
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176 .
up to the amount and only in payment of the annual charges
and assessments assessed each year against Eastern Heights ,
Inc . in connection with the Snyder Hill Road Water District
in the Town of Ithaca .
RESOLUTION 133 - ST . CATHERINE CIRCLE
RESOLVED that the street running east and west from Blackstone
Avenue is to be known as St . Catherine Circle ,
RESOLUTION 134 - APPLY TO STATE FOR AID -
PARK DEVELOPMENT
RESOLVED to authorize Supervisor Kerr to sign necessary
papers applying for state and federal aid available to
town interested in developing park and recreational areas .
Noel Desch - Review of South Hill Future Development
Mr . Desch , Chairman of the Planning Board gave a detailed
accounting of proposed projects which involve the develop -
ment of the Town , among which are : Aurora Street Hill -
widening and re - aligning Stone Quarry Road ; Forest Home
Bypass ; Pine Tree Road - Ellis Hollow Road intersection ;
East King Road - Burns Road - Coddington Road intersection ;
widening of Pine Tree Road. including storm sewers .
Water Problems - Winthrop Drive Area
Stuart Lewis , Frank Egan and Mrs . Ross from the Winthrop
Drive area were present at the meeting to give an account -
ing of the drainage problems from recent storms confronting
them ,
Meeting adjourned at 7 : 30 P . M .
Myrtie M . Hewitt
Town Clerk
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LETTER OF CREDIT
s
TO THE TOWN BOARD OF THE TOWN OF ITHACA :
First National Bank and Trust Company of Ithaca , Ithaca ,
New York , hereby authorizes the Supervisor of the Town of Ithaca ,
County of Tompkins , New York , to draw on said bank at its main
office at 202 East State Street , Ithaca , New York , any sum or
sums of money not exceeding Sixty Thousand Dollats ( $ 60 , 000 . 00)
total , for the account of EASTERN HEIGHTS , INC . , its successors
and assigns, said monies to be used only up to the amount and
only in payment of the annual charges and assessments assessed
each year against EASTERN HEIGHTS , INC . , its successors or
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assigns , in connection with the Snyder Hill Road Water District
in the Town of Ithaca , the payment of which EASTERN HEIGHTS , • INC . , '
has guaranteed to the Town of Ithaca , pursuant to an agreement
between the said Town and EASTERN HEIGHTS , INC . , dated
Of , 1967 .
It being understXe sixty thousand dollar Letter
of Credit shall be rely proportionately with the
liability of EASTERN . , in accordance with the terms
of the . agreement betwHEIGHTS , INC . , and the Town of
Ithaca da ted the 19670
This Letter of Credit shall cease and become null and
void when the agreement of guarantee of EASTERN HEIGHTS , INC .
to make the aforesaid payments has terminated under the
provisions of said agreement .
Notwithstanding anything to the contrary hereinbefore
contained , this Letter of Credit shall be for a term of five ( S )
years only , commencing on the first day of January following the
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t : . first year in which assessments are levied as provided in
paragraph 1 of said agreement which commencement date in no
event shall be later than January 1 , 1969 . This Letter of Credit
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at the expiration of said five -yeas period , may be renewed by
the Bank at its sole discretion for an additional period of
4 •
five ( 5 ) years upon a review of the facts . `
The Ball hereby agrees with the drawers , endorsers and
bona fide holders of its drafts , drawn and negotiated in
compliance with the terms of this credit , that said drafts shall
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be honored on presentation at the counter of the above mentioned
drawee Bank .
This Letter of Credit is irrevocable during the said
five -year period as described above unless the said agreement
between the Town of Ithaca and EASTERN HEIGHTS , INC . , is sooner
terminated in accordance with the provisions therein contained ,
in which case this Letter of Credit shall be null and void ,
DATED. 6 , lg6 7 FIRST NATIONAL BANK AND TRUST COMPANY
OF ITHACA
By
Carlton D . McGary
Vice President
STATE OF NEW • YORK )
COUNTY OF TOMPKINS )
On this j day of tom ('- , Nineteen Hundred and Sixty- seven ,
before me personally came , Carlton D : McGary , to me personally
i known , who , being by me , duly sworn , - didAepose and say : that
he resides at 312 Winthrop Drive , Town of Ithaca , State of New
York , that he is the Vice President of First National Bank and
Trust Company of Ithaca , Ithaca , New York ,, the corporation
described in and which executed the above instrument ; that he
knows the seal of said . corporation ; that it was ao affixed by
order of the Board of Directors of said corporation ; and . that he
signed his name thereto by like order .
i No to rI �
SVL,V'IA
otary Public, Sta.tc of New YorI4
Not 55 -2499675
lur.lifiell �iresl �M�ti h� g30cowlt ,
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AGREEMENT
THIS AGREEMENT made the 5th day of October , 1967 , by and
between the TOWN OF ITHACA , Tompkins County , New York , a municipal
corporation with its office at East Green Street , Ithaca , New York ,
and EASTERN HEIGHTS , INC . of Ithaca , New York , with a mailing
address of P . 0 ; Box 63 , Ithaca , New York ,
WITNESSETH :
WHEREAS , by order of the Town Board dated August 7 , 19671,
the Snyder Hill Road Water District in said Town was established
to include real property more particularly described in said order ,
and
WHEREAS , the ratio of the present assessed valuation within
the boundary of the District to the estimated maximum cost of the
improvements contemplated to be constructed therein makes it
economically unfeasible to proceed with the construction of said
District , and
WHEREAS , Eastern Heights , Inc . owns a major portion of the
area within said District which area is now assessed as unimproved
property , the land in which area is the same property conveyed to
Eastern Heights , Inc . by Margaret D . Backner , by deed dated May 29 ,
1967 , recorded in Liber 469 of Deeds at page 285 and by Frank E .
Backner , by deed dated May 29 , 1967 , recorded in Liber 469 of Deeds
at page 287 , hereinafter also referred to as Eastern Heights
unimproved - property , and said corporation intends to develop said
property , and said Eastern Heights , Inc . contemplates that about
50 residences will have been constructed on separate lots and sold
prior to January 1 , 1969 and about 160 - residences prior to January 1 ,
1971 .
WHEREAS , in order to insure that the cost of said improvement
district will not constitute an undue burden upon the property within
ouch District in accordance with the provisions of Section 194 -A of
the Town Law of the State of New York , the Town Board has required
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as a condition precedent to its entering into construction contracts
for the installation of said water district improvements that
Eastern Heights , Inc . guarantee the payment of its portion , as
hereinafter defined , of the total charges which may be lawfully
assessed against the said property of Eastern Heights , Inc . by the
Town Board throughout the period of the contemplated bond issue of
forty ( 40 ) years , for district charges including , but not limited
to , reduction of debt , operation and maintenance charges .
WHEREAS , it . is the intention of the Town Board to approve
the execution of the contracts for the construction of said
improvements upon receipt of this agreement and the letter of
credit herein referred to ,
NOW , . THEREFORE , it is agreed as follows :
1 . Eastern Heights , Inc . hereby guarantees the payment of
the total assessments for debt service , operation , maintenance and
other charges which shall be chargeable to the said real property
in said District now owned by said corporation and which is now
estimated to consist of 50 . 5 assessable units according to the
present proposed method of assessing the aforesaid costs in said
District . Said guarantee shall be for a period of forty ( 40 )
years commencing with the first year in which such assessments
are levied in connection with such improvements . This guarantee
may be terminated as hereinafter provided in paragraph 4 herein.
or by action of the Town Board .
2 . ` The charge per unit for debt service , operation ,
maintenance and other charges shall be such amount as the Town
Board of the Town of Ithaca shall annually fix and determine in
accordance with the benefit conferred by the improvements , the
applicable provisions of the Town Law of the State of New York
and of the ordinances of the Town of Ithaca , it being understood
that the preliminary estimate of the per unit cost for the first
year of payment is Two Hundred Thirteen Dollars ( $ 213 . 00 ) .
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3 . The total obligation which Eastern Heights , Inc . guar -
antees as forth in paragraph 1 herein shall be reduced annually
by the number of lots upon which residences are constructed and
each of which said lots has been placed upon the assessment rolls
of the Town of Ithaca for a lot and completed improvement in the
name of a third person less other amounts received by the District
Less credits caused by others coming into the District by extension
of boundaries .
4 . To insure the performance of the obligation of Eastern
Heights , Inc . as set forth herein and to further guarantee payment
as agreed , Eastern Heights , Inc . shall file an irrevocable letter
of credit issued by a commercial bank or other lending institution
on such terms and . conditions as shall be satisfactory to the Town
Board in an amount equal to the annual unit charge as determined
by the Town Board multiplied by the number of units specified for
Eastern Heights , Inc . each year , to amortize the maximum cost of
the District which is now estimated to be Two Hundred Thousand
Dollars ( $ 2009000 .00 ) . It is agreed , however , that at such time
as ninety (90 ) lots upon which residences are constructed and such
lots have been placed upon the assessment rolls of the Town of
Ithaca in the names of third persons , this agreement of guarantee
shall cease and become null and void and any obligation or liability
of Eastern Heights , Inc . under said guarantee shall terminate unless .
this guarantee shall have been terminated sooner by action of the
Town Board .
5 . Such letter of credit shall authorize the Town Board of
the Town of Ithaca to draw on such commercial bank , in each year ,
for the account of Eastern Heights , Inc . up to the amount of the
annual charge assessed each year against Eastern Heights , Inc . in
the event that the annual assessment for debt service , operation ,
maintenance and other charges or any portion thereof remains unpaid
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} for thirty ( 30) days after the date upon which such assessment
became a lien and notice thereof was mailed to Eastern Heights , Inc .
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Such better of credit shall be furnished by the First National
Bank and Trust Company of Ithaca , New York , or other lending
institution and shall be for a term of five ( 5 ) years , which
term , upon review of the facts , may be renewed -by the bank at
that time for an additional period of five ( 5 ) years , and if
said First National Bank and Trust Company fails to renew said
letter of credit , a similar letter of credit , or other security
satisfactory to the} Town Board shall be obtained by Eastern
Heights , Inc .
6 . This agreement shall be binding upon Eastern Heights ,
Inc . , its successors and assigns , and it shall also run with the
said land now owned by Eastern Heights , Inc . and shall be binding
upon any successor or subsequent owners of the said lands o €
Eastern Heights , Inc , included in the said District and described
in the aforesaid deeds from Frank Backner and Margaret Backner to
la Eastern Heights , Inc . , except that it shall not run with the land
as to such portions of said Eastern Heights , Inc . lands which have
been , from time to time , conveyed as a separate lot to a third
person or persons intending to occupy the same and upon which a
residence is constructed and such lot has been placed upon the
assessment roll of the Town of Ithaca as a lot and completed
improvement .
Notwithstanding the fact that Eastern Heights , Inc . may
transfer any part or all of its said real property above described ,
the liability and guarantee of Eastern Heights , Inc . under this
agreement shall nevertheless continue with respect to any of the
charges or payments hereinabove referred to which are chargeable
against the said lands now owned by Eastern Heights , Inc . except
ra for such lots transferred from time to time to third persons
intending to occupy the same and on which residences have been
constructed and which lots have been placed on the assessment rolls
of the Town of Ithaca , in the name of a third person or persons as
a lot and completed improvement in the name of a third person , unless
the Town Board accepts the transferee in place of Eastern Heights ,
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Inc . for a part or all of the then existing liability of Eastern
Heights , Inc . under the terms of this agreement .
IN WITNESS WHEREOF , the parties have hereunto set their hands
and seals in duplicate the day and year first above written .
TOWN BOARD OF THE TOWN OF ITHACA
Acting for and in behalf of the
µ Snyder Hill Road Water District
By
Supervisor
EASTERN HEIGHTS , INC .
By
ice - ident
STATE OF NEW YORK)
SS ,
TOMPKINS COUNTY )
On this 5th day of October , 1967 , before me personally came
NORMAN JORDAN to me known , who being by me duly sworn , did depose -
and say that he resides at 5 Highland Park , Ithaca , New York ; that
he is a. Vice -President of Eastern Heights , Inc . , the corporation
described in and which executed the foregoing instrument ; that he
knows the seal of said corporation ; that the seal affixed to said
instrument is such corporate seal ; that it was so affixed by order
of the Board of Directors of said corporation , and that he signed
his name thereto by like order ,
n rr� A
otary F b ic '
};y f ii
a . l-,ublic, State o. idea
No, 55 x31035
�tial?f3p� ;r TomPil"
` r;oaari�sit�?� ��ires
STATE OF NEW YORK )
SS .
TOMPKINS COUNTY )
On the 5th day of October , 1967 , before me personally came
WILLIAM KERR , to me known , who , being by me duly sworn , did depose
_ 77 .
and say that he resides at 512 Cayuga Heights Road , Ithaca , New
York ; that he is the Supervisor of the Town of Ithaca , Tompkins
County , New ` York , the municipal corporation described in and which
executed the foregoing instrument ; that he knows the seal of said
corporation ; that the seal affixed to said instrument is such
Town seal ; that it was so affixed by order of the Town Board and
that he signed his name thereto by like order .
Notary Public
CAROL Co REEVES
Notary Public, State of New York
No. 55-3231350
Qualified in Tompkins County
Term Expires March 30, 196
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