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Home My WebLink AboutTB Minutes 1980-12-08 TOWN OF ITHACA REGULAR BOARD MEETING December 8 , 1980 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 P . M . , on the 8th . day of December , 1980 , there were PRESENT Noel Desch , Supervisor Henry McPeak , Councilman Victor Del Rosso , Councilman George Kugler , - Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman ABSENT Catherine Valentino , Councilwoman ALSO PRESENT James V . Buyoucos , Town Attorney Robert Parkin , Highway Superintendent Lawrence Fabbroni , Town Engineer Beverly Livesay , Board of Representatives Gust Freeman , Board of Representatives Barbara Z . Restaino , Town Planner Nancy Fuller , Deputy Town Clerk Dooley Kiefer , 629 Highland Road Henry Aron , 106 Woolf Lane Eleanor May , 1360 Slaterville Road Montgomery May , 1360 Slaterville Road Richard Pendleton , 326 Forest Home Drive Ann Pendleton , 326 Forest Home Drive Liese Bronfenbrenner , 108 McIntyre Place Barbara Cotts , 115 Northview Road Bob Cotts , 115 Northview Road David Klein , 131 West Haven Road Representatives of the Media : Elizabeth Ryan , WHCU Pat Brauz , Ithaca Journal Mary T . Rogus , WICB - TV Mark Cassoni , WICB - TV Dave Maley , WTKO PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS SUPERVISOR Supervisor Desch reported that effective January 1 , 1981 , the Town Planner position will be vacant . Mrs . Restaino will be leaving the Town position to attend the Syracuse University Maxwell School of Business and Public Administration . Barbara has done an outstanding job for the Town of Ithaca and will be very difficult to replace . She was instrumental in developing our local SEQR Law , Parks and Recreation Programs , Zoning and Sign Ordinance revisions , research on special land use proposals , critical environmental areas and was alwasy willing to pitch in on survey crews , traffic counts , crossing guards , building inspection support . The plan for finding a suitable replacement is already underway . At our current salary range , we do not expect to find persons with Town Board Minutes - 2 - December 8 , 1980 extensive experience , but rather hope . to advertise in February and March to attract persons expecting to graduate in June from schools such as the Cornell Planning Department or possibly attract persons with some municipal planning experience but with less formal education . Our Town employees have requested the Town to support their desire to join the Tompkins County Credit Union . The Town ' s role would be an administrative one , dealing with handling by - monthly payroll deductions on behalf of the employees . Although our paper work burden is already high , the Town should endorse any incentive on the part of our employees to save . We already have a Trust and Agency Fund and simply would create a new subaccount for these monies . It is not intended to be mandatory for an employee to join the Credit Union . The Common Council of the City of Ithaca is about to decide on the future of the Route 96 relocation on West Hill . The mayor has asked for our support in accepting the proposed phasing designated by State DOT , namely no overpass in Phase I . We all do . this with some reluctance , but with recognition of the reality that we might will lose the whole project with further procrastination . By deferring the overpass until the 21st century , we are even more in need of pursuing the planning of fire stations on West Hill , a commitment both we and the City recognize . We have a formal request from the residents of Clover Lane to provide street lighting on their short street . Originally , three lights were proposed by NYSE &G . The residents have indicated two specific ones , and we now are preparing the legal petitions for their approval so that the formal hearing steps can be taken during the first part of 1981 . Last evening , Mr . Cartee and I met with many of the residents of Northview Road for an informal discussion about zoning and planning matters . We encourage the residents to reactivitate the civic association and suggested that they review the proposed revisions to the Zoning Ordinance and give us the benefits of their imput . Our discussions were very constructive . Concern was expressed about the pressures of permitting increased housing density and how to control occupancy violations . It may be necessary to consider mandating inspections prior to occupancy by new tenants in all rental cases . We must consider the added administration burden of this approach , before making such commitments . All Town , - Board members should let me know of their interests in serving on our Town Board Committees . I expect that we will make such determinations at our year end meeting on December 31 . We will have the following Committees : Codes and Ordinances Fire Protection Services Highway Service Evaluation Parks Committee Personnel Committee Other Vacancies P anning Boar ( Aron vacancy ) Tompkins County Youth Bureau ( Dave Jennings vacancy ) Tompkins County Cable Commission ( Cathy Valentino vacancy ) . CREDIT UNION RESOLUTION N0 , 204 Motion by Supervisor Desch ; seconded by Councilman Cramer , Town Board Minutes - 3 - December 8 , 1980 RESOLVED , that the Town Board of the Town of Ithaca hereby approves the request by the employees of the Town of Ithaca to become members of the Tompkins County Employees Credit Union , and BE IT RESOLVED , that the employees and elected officials of the Town of Ithaca may joint said Credit Union , and FURTHER BE IT RESOLVED , that the necessary deductions , in connection with this membership , be an authorized deduction from each members pay , as they request said amounts to be so deducted . ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . Nays - none ) . TOWN ENGINEER REPORT Town Engineer Larry Fabbroni noted that he had a short report for the Board this evening . The East Ithaca Connector is quickly coming to the end of the study which will product technical documents for routes between Pine Tree Road and Route 366 . The Route 366 and Route 13 . Then field surveys will be needed to study the hypothetical traffic patterns . He went on to say he expected the consultants would soon review the proposal with the Town , County and Cornell staff . Mr . Fabbroni noted that work on the Town Hall is moving toward completion . HIGHWAY SUPERINTENDENT Highway Superintendent Robert Parkin stated that the men were cutting shoulders on Forest Home Drive and Happy Lane . Ditches have been cleaned on Happy Lane and Valley View Road . The creek culvert on Stone Quarry Road has also been cleaned . Also , the signs have been installed on the bikeway . The highway men have been hauling salt and sand to stockpile for winter use . So far , they have only had to plow one and one - half times . Supervisor Desch asked about the Tudor Road catch basin ? The Town Engineer stated that there was nothing in the ditch , no build up . Councilman Cramer asked about obtaining new "Welcome to Ithaca Signs " ? The Superintendent stated that he had already prepared a map which located the position of signs . Supervisor Desch stated that the Board should look at the pictures of the existing signs to determine what wording they wish on the new signs . Councilwoman Raffensperger asked the Highway Superintendent if the first snow storm was a difficult one ? Mr . Parkin answered no , we were prepared for it . Councilwoman Raffensperger noted that the day after the storm you could tell what roads the Town has plowed and what road were done by the other Towns . PARKS COMMITTEE REPORT Town Board Minutes - 4 - December 8 , 1980 Councilwoman Raffensperger stated that she and Barbara Restaino had met with the school board regarding the Dewitt Park . She went on to say that in 1976 , a Northeast Park Committee was formed . The Town became quickly involved in the Dewitt Park project . Barb and I met with the school board to discuss the first part of the plan . The Town of Ithaca will appropriate approximately $ 16 , 000 and the School District $ 8 , 000 . Councilman Cramer asked what was the date of Phase I of the plan ? Councilwoman Raffensperger answered , the projected starting date is the fall of 1981 . Councilman Cramer asked if there was a Comprehensive Park Plan ? Supervisor Desch answered yes . All new Board members should take the time to read the plan . PETTY CASH FUND RESOLUTION NO . 205 Motion by Supervisor Desch ; seconded by Councilman Cramer , WHEREAS , the Planning , Zoning and Engineering Departments , in conductiong the affairs of that department , are called upon from time to time , by vendors to pay cash upon the delivery of materials , supplies , or the rendering of such services , and WHEREAS , the creation of a Petty Cash Fund is allowed under Section 64 , 1 - a of Town Law , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the creation of a Petty Cash Fund in the amount of $ 100 . 00 for the Planning , Zoning and Engineering Department . ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . Nays - none ) . FLOATING HOLIDAY RESOLUTION NO . 206 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town employees to take their Floating Holiday on January 2 , 19810 ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . Nays - none ) . WASTEWATER TREATMENT FACILITY Proof of posting and publication notice of a Public Hearing to consider the approach . to be used to build , operate and maintain the new $ 30 million Wastewater Treatment Facility . having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch stated that a decision on the Wastewater Treatment Facility would not be made tonight . He expects to have a joint meeting with the City of Ithaca , the Town of Dryden soon , to dirs.cuss Town Board Minutes - 5 - December 8 , 1980 the financing scheme . A great deal of time has been spent on the . service agreement . The Town of Ithaca need assurances that the Town will be allowed to grow with no interference from the City of Ithaca , and that there will be a guarantee of spare capacity if and when needed by the Town . He went on to say that what ever base is used , it will be fixed for the life of the bond and that the spare capacity will be use designated on the fixed base . There will be buying power , if other municipalities need this . Supervisor Desch went on to say that if the Service Agreement approach were used , the Town of Ithaca would have not equity in the system . It would be basically a tenant / landlord relation - ship . However , with the Joint Ownership approach , the board would be made up of four representatives from the City , two from the Town of Ithaca and one from the Town of Dryden . with one - half of the - representatives on the board being elected officials . He noted that the City had a valid concern in not going the Joint Ownership approach has they have an existing facility and manpower . They are concerned over their employees . Mrs . May stated that _ the. hardest bill , for her to pay , is the water and sewer bill and she . was not happy about putting money into something the Town did not own . If the City should ultimately end up owning the facility , the Town should make sure the bills will not be so high in twenty years that retired people will not be able to afford to own their own property . Mr . May stated that he hoped the Town would . not consider investing in a large debt with no ownership . Supervisor Desch. stated that in all fairness to the City , he must say on their behalf that they have bargained in good faith , so far . Councilwoman Raffensperger stated that the contract being discussed , is better than she eventhought the Town would get from the City . The City Charter must be changed if they go with the Joint Ownership approach . Councilman Cramer asked if the City employees could be transfered to other departments which would cut down on the number of employees and still they would not loose their jobs . Supervisor Desch stated that it was difficult to determine administrative loading . However , a good example would be the Water Commission , Bolton Point is being operated with only twelve employees , whereas , the City has a great many more employees at their water plant . Mrs . Kiefer stated that she did not understand all the concern . . If you can audit the books you can see what is going on . Supervisor Desch responded that it would be a catch up situation . You would always be behind , trying to keep ahead of discussions . Mr . May stated that he felt the joint ownership approach was the only way the Town could catch anything before it happened . An audit after the fact does not solve anything . Without joint ownership , it will always be after the fact . ZONING ORDINANCE Proof of posting and publication notice of a Public Hearing to consider the adoption of proposed amendments to the Zoning Ordinance having been presented by the Town Clerk the Supervisor opened the r Town Board Minutes - 6 - December 8 , 1980 public hearing . Town Planner Barbara Restaino noted that the Zoning Ordinance was presented to the Board in the final draft form . She further noted that the Zoning Ordinance had been in the making for two years with various Board participating in the preparation . Mrs . _ Restaino noted that Councilwoman Valentino expressed to her - the hope that this new ordinance will finally be adopted , as the first revision was in 1970 . Mrs . Restaino stated that she also hopes this new ordiance will finally be adopted . She went on to say that it is a fairly refinded document . The basic idea was to provide protection and preserve the communities physical and aesthetic environment . The preamble is very good and set a policy . It is not a part of the ordinance . Mrs . Restaino further noted that the Town was divided into eight neighborhoods , as noted in the preamble . She went on to say that the 1968 Zoning Ordinance worked very will except for a few minor problems . The new ordinance maintains the R- 9 , R- 15 and R- 30 zones , however , the occupancy requirements were changed slightly . One more person per dwelling , is now allowed , if owner occupied . Also , duplex ' s are now allowed in the new ordinance . Under Cluster Housing , . . . " Section 281 of Town Law adopted by resolution of the Town Board on November 3 , 19559 This section needs to be reaffirmed . Mrs . Restaino felt the section on Multiple Residents was adequate . However , the County feels there are not enough multiple residence zones . Perhaps , the Town map should be looked at , to determine areas where multiple residents could be located . Mobile Home Parks will be allowed after all other means have been explored . This section has been very strictly written . Mrs . Restaino further stated that the ordinance allows two types of Business Zones . B - 1 is small neighborhood business areas . Business and residential uses in the same zone , that allow Ma and Pa stores in neighborhoods . B - 2 zones are for larger more intensive businesses . They are only permitted along primary highways . Industrial Zones were included , however , she felt that a long look should be taken at existing areas , before new areas are proposed for rezoning . Ag Districts will now prohibit subdivision unless rezoned . This will help to preserve agricultural land . Institutional Use Zones . 25 % of this land is owned by colleges and parks . Colleges are not required to present their building plans . Mrs . . Restaino felt that a long hard look should be taken at the Institutional Use Zone . . Mrs . Restaino noted that the administration of the new ordinance has been switched . Special permits will be issued by the Planning Board . Special permits will provide flexibility for such things as kennels or churches outside of their allowed zones . Review will be on a case to case basis . Mrs . Restaino suggested that the Zoning Ordinance should be reviewed yearly . The Zoning Ordinance , when in final form , should be put in a loose leaf binder , so that new sections could be easily Town Board Minutes - 7 - December 8 , 1980 added or deleted . She further noted , that if the ordinance were reviewed regularly , then larg revisions , like this one , would not be necessary . Mrs . Restaino voiced the hope that the final draft could soon be sent to the Town Attorney for his recommendations . David Klein stated that he had a few questions on dogs and kennels . He further stated , my wife and I are dog breeders . We have three dogs . We have had problems with the Zoning Officer . He noted that he felt kennels should be allowed in all residential zones , not restricted . Mrs . Restaino stated that kennels , in the new ordinance , was restricted on purpose . The present ordinance allowed only purebred dogs in a kennel . The new ordinance specifys more that three dogs , six months old , would require a special permit . Mr . Klein felt the new proposed ordinance was a bit restrictive . He posed the question of a dog having a litter and the owner being unable to sell them all , you might end up with four or five dogs over six months of age . before they are sold . Mr . Klein also asked about household pets . Some owners are engaged in hobby breeding . He felt the zoning ordinance should be expanded a bit more , and that it should be less restrictive . Dick Pendleton stated that he was interested in the number of persons allowed in a dwelling . He felt the wording in the preamble was okay . However , item 2A on page 16 does not say the same thing and he was confused . Councilman .Cramer felt Mr . Pendleton was right , these two sections , AdML in contrast , were not clear . Supervisor Desch stated he felt a difinition of a family needed to be consistent in all sections . He further stated that he felt it was not spelled out yet . as to waht a family is . Mr . Pendleton stated that the wording of the preamble , inregards to a family , was fine with him and if the ordinance follows the wording of the preamble , he would be in agreement . Mrs . May questioned the keeping of a horse . Why specify a horse and eliminate a cow ? She felt this was an antiquated idea . Mrs . Restaino responded , saying they tried to handle the problem of horses in the easiest way possible . Mrs . May noted she could understand dogs , but questioned inclusion of horses on page 19 , section 3 . Mrs . Restaino stated that next to dogs , horses were the most common pet . Mrs . May responded by saying a great many people who want animals , are restricted under the Zoning Ordinance , and , therefore , cannot have them as they are unable or unwilling to go after an appeal through the Zoning Board of Appeals . Mr . May asked why the Zoning Ordinance states two animals are allowed on two acres , three animals -on three acres ? Barbara Restaino stated historically horses were kept in residential zones . She felt perhaps , under the circumstances , horses should be put in the special permit section under livestock . Supervisor Desch noted the points were valid and would certainly be considered . A man in attendance , noted he could understand pressures to Town Board Minutes - 8 - December 8 , 1980 increase the number of unrelated persons . However , he questioned a two family dwelling , owner occupied , going from three to six persons . In some dwellings , the room space would make this an excessive amount of people , in others this would be no problem . Mrs . Restaino noted that the intent of the ordinance was for the units to be of equal size . Mr . Cox felt there was a need for concern regarding the size of the units inrelation to the occupancy numbers . Beverly Livesay asked if there were any rules on rooming houses ? Barbara Restaino responded by saying rooming houses were included under the special permit section . Mrs . Liese Bronfenbrenner felt a better definition of rooming houses were needed . Also , special permits should be spelled out more specifically . Mr . Aron questioned page 86 , # 9 , radio or television antenna or other towers . Mrs . Restaino stated this was meant to be broad enough to include any type of tower . Mr . Aron asked if any person , who puts something up in the air would be required to obtain a special permit ? Mrs . Restaino answered , yes . However , this excludes TV antennas . Mr . May asked if this section includes commercial towers ? Mrs . Restaino said yes . Councilman Del Rosso asked about ham radio operators , would they require a permit ? Mrs . Restaino answered yes . Mr . Klein asked if there was a section on non - conforming uses in the new ordinance ? Councilman Del Rosso noted any non - conforming property cannot be transferred . He further stated that any thing illegal under the old zoning ordinance was illegal under the new zoning ordinance . Attorney Buyoucos stated that a non - conforming use may continue as long as it is non - conforming in the same way . However , it cannot be extended . If a non - conforming usage ceases for a period , then it looses its character as non - conforming . Non - conforming zoning is a compromise . It is a compromise situation that not all people will be satisfied with . However , allowances have to be made . Years ago , if anon - conforming usage ceased for one year , then the non - conforming status was eliminated . With the present interest rates , may be we should consider extending non - conforming so they could be transferred . Supervisor Desch asked Mr . Klein if he had a preference ? Mr . Klein answered , not particularly . Town Engineer Fabbroni noted that a non - conforming use could not be transferred to a higher , more intense use but it can be transferred to someone for the same use . You can ' t expand a grocery store , for instance . Town Board Minutes - 9 - December 8 , 1980 James Buyoucos felt that a decision on the definition of a family should be delayed until more imput is received on what people really want . He further stated that some people are willing to challange the old life style . He suggested a definition of a family might say one or more persons related by marriage , blood or adoption . Or the zoning ordinance could also say a family consists of a man and woman living together as a couple or , a: family consists of two people living together maintaining a common household . Mr . Pendleton asked Supervisor Desch if he had a time frame in mind ? Supervisor Desch stated there will be public hearings in January , . February and March . He hopes to adopt the ordinance in either March or April . However , there is no hard set time frame . Mr . Pendleton noted that he was told the Zoning Board did not make exceptions . He requested flexibility be written into the new zoning ordinance . If you owned a 22 room house on two acres , you could still only have two people living there . He noted he was asking for flexibility . Beverly Livesay noted that in the definition of a family , no reference was made to foster children or children under care . Mr . Buyoucos noted that in answer to the question on foster homes , the new zoning ordinance is not going to exclude children . Mrs . May stated that she hoped the new zoning ordinance would not present a hardship for the people of the Town of Ithaca . RESOLUTION N0 , 207 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P . M . , on January 12 , 1981 , to consider the adoption of proposed amendments to the Zoning Ordinance . ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . .. Nays - none ) . WASTEWATER TREATMENT FACILITY RESOLUTION NO . 208 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on January 12 , 1981 , to consider the approach to be used to build , operate and maintain the new $ 30 million Wastewater Treatment Facility . ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . Nays - none ) . .SEWER SYSTEM EVALUATION VOUCHER Supervisor Desch stated that the Town of Ithaca Had received a voucher from the City of Ithaca for expenses amounting to $ 14 , 541 . 28 for the Town share of the Sewer System Evaluation Study . He felt that before this was paid the Town needed an explanation of the $ 11 , 000 worth of equipment charged . Town Board Minutes - 10 - December 8 , 1980 WATER ACCOUNT REFUNDS RESOLUTION NO . 209 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund in the amount of $ 30 . 28 be made to Harry A . Hafler , 1540 Slaterville Road , Account No . 170 - 0158104 , by reason of the customer having made a double payment for the same water bill , and RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund in the amount of $ 23 . 39 be made to Will and Carol Cook , 3 Renwick Drive , Account No . 174 - 0165469 , by reason of the customer having made a double payment for the same water use , and RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund in the amount of $ 21 . 87 be made to Rocco P . Lucente , 103 Salem Drive for 604 Winston Court - Apartment 4 , Account No . 187 - 0220920 , by reason of the customer having made a double payment for the same water use , and RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund in the amount of $24 . 89 be made to William E . Brown , Jr . , 210 Eastern Heights Drive , Account No . 172 - 0163727 , by reason of the customer having made a double payment for the same water use , and FURTHER BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund in the amount of $ 23 . 39 be made to Lee F . Hodgden , 110 Halcyon Hill , Account No . 919 - 0002426 , by reason of the customer having made a double payment .- for the same water use . ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . Nays - none ) . TRANSFER OF FUNDS RESOLUTION NO . 210 o ion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that in order to meet present Town of Ithaca Highway Department expenses , in view of uncolledted revenues , that $ 20 , 000 shall be transferred ( $ 10 , 000 to Item # I and $ 10 , 000 to Item # IV ) from Part Town Unexpended monies , THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the transfer of $ 20 , 000 from Part Town Unexpended monies to the Town of Ithaca Highway Department . . ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . Nays - none ) . NEWSLETTER Supervisor Desch asked the Board if they had any more timely or newsworthy items to be included in the Newsletter to please let him know . The Newsletter will be included with the Town and County Taxes this year . � INTERMUNICIPAL WATER AGREEMENT - CONSOLIDATION OF PROJECTS I AND II Proof of posting and publication notice of a Public Hearing to ` PROPOSED . CIIANGES TO THE INTEIUMUNICIPAL AGREEMENT NEW PAGE £i 6/5/79 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 twelvemonth period for Einich figures are available pre ' =dE[v E70RDING ceding September 15 and shall estimate the revenues to be re- UN! DERLINED cryived for the coning fiscal _year . The Commission shall . allocate the costs for the next year among the parties hereto based upon. 1 suh water usage durin g said P recedin g twelve* month period or , a:11 c th.e - alternative , the Co- mission may charge ach municipality . w based upon actual consumption as the same occurs durin the fi.s =' al year , or , the Camrilissi " an may adopt a combination of the - above _ uaQ�Tever , if the Commission .adopts some combination of the foregoing , it shall be a "reasonable effort to fairly al- locate j the costs between the pa _r_ ti. c � pating municipalities. The . parties ! shall raise -their share and then pay to the .treasurer of the Comn-ni" ssion their allocable share of such expenses as so .determine, in the manner set forth in Schedule A : The treasurer of the Commission shall pay the operating and maintenance costs out. oy the funds so received _ 4 . Surolus or Deficits . Ir the total revenues received by the Commission result in . a surplus over and above a . reasonabl. e 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 -Co tine Commission by each municipality during the fiscal year or , at the Commission ' s opt _i. on , small 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. s'-tall first use any surplus fun •3& from any prior year to cover such deficit , and if there are no JYQUCOS & QA? NEY surplus funds , - such deficit shall be paid by . each of the parties ATCORNEYS AT LAW SAVINGS BAN : BUILDING - - - ITHACA " NEW YORK I4U30 - : 10/3/80 NEVI : PAGE 8a _ ga- hereto in proportion to such eater consumed w _ithin each municipality during the preceding fiscal year as . set forth on Schedule A . The parties hereto agree to raise . the funds required for each of their shares as determin. e.d by th,e corm lssioa and to pay ' the same _ in timely fashion _ Without limiting the fore - r I - . _ • - - - :OY000OS & BARNEY ATTORNEYS AT LAW g AVIMO5 E)A 'iK OUILWNC - ITNACA , t: EW YOYK 14950 - � r NEW PAGE 12 2j17/ 77 - 12 - 3/ 11/77 6/29/77 12/5 /78 . 6 / 5/ 79 10/3/80 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 terns and conditions of the agreement becween the Town of . Lansing and Lucie G . Bolton , dated June 23 , 19n7 , and in accordance with the Town of Lansing specifications in effect rebruary 25 , 1974 . Such- road shah. be: maintained and plowed by the Commission for the. Commission. ' s own use until the earlier of the folloiaing events at ich . time tllze road shall be conveyed to Lansing Village and Lansing Village agrees to accept same . ( a ) The reasonably regular use of the road for ingress and . egress by any person or entity other than the Co-Inn i: ssion ; or, ( b ) January I , 1935 _ From and after such date the obligations ; for maintenance . and snowplowing s? iall be the obligation of Lansing Village . i In the event that the road on such date is not then in the . . municipal boundaries of Lansing Village , mthe obligations to accept said road . shall . be the -obbligations of the municloality ( such as the Lansing Town ) within whose boundaries said road shall then be Iocated . I0 . R ? sponsibilitor Damage Claims . In the event any liability is asserted against any of the parties_ hereto ar_ isi-n _r, out of the construction , operation , or maintenance- of. Project . 1 and oroject IT , the parties shall be severally liable for the defense and payment of such claims , the proportions being , in . - the same proportion as the debt is allocable - to each party _ The- Commission , or any one of the municipalities , may place or take out appropriate insurance against any such possible liability for protection and benefit of the Project and each individual : JYOt1COS & 8AI NEY ti municipality , and the premiums fog any such ATTORNEYS AT LAW - - SAWNCS DA N X . 8U 1LD 1N, - - IT H ACA. MEW YORK 14850 - - - NEW PAGE 16 2 /17/77 - 16 - 3 /11 / 77 6/29/77 12 / 5/78 6/ 5/79 _ 10/3/80 ( b ) If such connection occurs after December 31. , 1.977 , but before January 1 , 1979 , the cha rge shall be $ 25 . 00W ( c ) If such connection occurs after December 31 , 1978 but before January 1 , 1987 , the cna rge shall be $ 25 . 00 plus an additional amount equal to $ 25 . 00 :. ` multi.plied by the numbe of full years that have passed since . December ` 31 , 1978 ( i_ . e if the connection . occurs in Juno of 1981 , the '. charge shall be $ 75 _ 00 ) w '. ( d ) If such connection oc- eixrs after Dece;:,i De:_r` 31.. ,. 1986 .the charge shall be . $ 250 . 000 The connection charges collected hereunder shall be applied -to re duce the funds require for principal . area interez)t= on the joint indebtedness incurred hereunder . A connection charge shall be made for each unit . as determined by Schedule B annexed hereto . The parties . hereto by ' rrutual agreement ' may increase ,. reduce or . eliminate the connection charge , or alter tlhe definitions cif unit set forth in Schedule B The parties may assess the connection charge directly against the property owner or pay the charges out of general revenues or obtain the funds in any manner_ peim _ t t d by law . UYO'JCOS BARNEY A TTOA'N E'f5 AT LA%N SAVINGS BANK Hua DING. - - - - _ - YORK 16930 - - - - L I - J 6/5/ 79 NEW PAGE 18a 11 /7 /80 currently pending before the Appellate Division of the New York State Supreme Court _ 22 _ Transfer of Meters in Village of Lansing . Lansing Village here?ey transfers to the parties to this agreement , effective January 1 , 1981 , all right , title and. interest , if . any , of Lansing Village in and to all of the water meters installed or purchased as part of original Lansing Water District -No . 1 , reserving _ to Lansing Village its proportionate interest in same in its capacity as ` a participating member ' municipality in this agreement . 23 _ . Termination of Lansing Village Dakcrest Road Station .. Effective January 1 , 19821 Lansing. Village will cease operating its Ca'ccr_ est Road pumping station and the work . performed by such puliips shall be assumed by the pumps operated. by the !� Commission and the. costs therefor shall be added to and con - 1 sidered a part of the annual operating and maintenance costs of the Commission . Title to the Village ' s pumps and the Village ' s portion of the pumping station shall remain with such village.. IN WITNESS WHEREOF , the parties hereto have executed BUYOUCOS & BARNEY A77OP.NSYS AT LAW SAVINGS BANK BUILDING - - P.O. BOX 23 RH 4CA, NEW YORK 14850 14EW PAGE 26 2 / 17/ 77 , : . 3/ ]_1/ 77 . 6 `_29 /77 _ . . 26 . 12 / 5 , 78 . 6 / 5/79 10/ 3/80 I SCHEDULE;' A FINANC &.FNG « DEBT ALLOCATION FOR PROJECTS T AND II. _ I _ Debt Allocation . For purposes of . debt allocation required by the Local Finance Eaw , the joint debt for th. e UNDERLINED financing of Projects I and 11 shall be allocated annually ADDED i between the municipalities in proportion to the water consumed by each o.f therm from , the water supply facilities of Project I ( the ' " Sy ; telm " . during the latest twelve month period for ta1ii rxi. CHA14GED FROM � figures are . .avai. la'Ole on August 15 of each year . The allocation. Sept . - 15 S hall be determined by the . Commi ssi_ on based upon . suc�i figures: .. .UiIDERLINED Effective January 1 ; 1981 , and unt -il th11 CommisCa.on d.eteri--y inn i ADDED otherwise the deb ` ' allocation shall be as follo�;7s : NAME OF NrJNICIPALITY PERCE y'iA 1E Off' DEL)T Dryden 3 . 151 . . Ithaca ' 54 . 088 Lansing Town o238 Lansing Village 24 . 951 Cayuga Heights 17 . 572 II Financing of Princioal and Interest and Os .ration and . Maintenance Costs a Each o the partiea agrees '.to pay to the Co�unission an amount for water consumed from Ube SYs tcm .`M. their own mu?iicipal :i_ ty in accordance 10i_th. a uniform water ' rate schedule in the amount s .indicated on. _, Exhibit 1 hereto , said z schedule to be applied to tree ultimate cons ,.zmers witrLin e ch municipality . The amounts so derived are he � eiriafter. referred to as " water rent revenues _ " Each municipality shall have the option of raising such amounts by charging ultimate cons =amers in accorda�zce with such water rate schedule _ or _ by assessments or by any other manner permitted by lava llow? \rer , regardless . of the method chosen by each municipality 46 actually rais :� ' their share due to the Commission , . the amount payable shall be computed as if ea h municipality adopted Exhibit l amen 3UYOUCOS & BARNEY ATTOHHEYS AT LAW charged the ultimate conslUme rs thereunder . . All of the wa4:. er, SAV 1 H G S BANK Ea U 1 LO1 HG ITHACA. NEW YORK I4B30 oj AN 6/ 5/79 YdEW PAGE 27 10/ 3/80 r 10/27/80: . - 27 -- ` rent revenues shall be ' delivered to the . .trea7urer of the Commission for . appiicat ion towards the principal and interes � payments due on the combinna indebtedness incurred . for Projects I and II and the combined operation and maintenance U' ?LINED 0 costs of Projects I and II . Any surplus of revenues shall be disposed of as. set forth in tha agreement if such revenues : are not equal to or in excess of such costs , the muni^ i,pal. itz es _ shall make up the difference between revenues and costs by each Contributing a portion of such difference , the portion apr..; .cabml; Et to each party , to be determined by multiplying the -total ba7. ance needed by a :fraction , th ° denGminator Gf _ which is " the • amount of water consumed frt?ra the System in all . the municipalities during i the . 11mmediately preceding four billing quarters as determined by the Cornrnissio:cz , and the numerator of V1.i1ch is the. amount of water consumed from� the System in such period by thei individual r.unicipality whose share is being determined . The need :tor: such. contributions shall be estimated by the Comimission to the extent reasonably possible no later than the August 15 'ch . preceding 'ho ensuing fiscal year : hereinafter provided , Exhibit . 1 ' may no Excep � as t be changed . by the Commission without . the written agreement to suclr . change of all of - the parties . - Unless the Co;zirrcissior� determine otherwise _ the water n rent payments required hereuder shall be made. 40 At he Co�nmis s.i on or its Treasurer quarterly as follows village of Lansing , To%vns of Dryden and Lansing February 1 , I-lay 1 , August 1 , November . 1 Town of Ithaca - Ja _zua- ry 1 , April A , July 1 , 0c doer 1 village of Cayuga . Heights March 1 , June It September l ,. December 1 . The balance of the payments above the water rent payments shall. be made to the Co;nnission or its Treasurer on the dates BUYOUCOS & BARNEY determined by the Comm iss ion . . ATTORNEYS AT LACY 5AVING5 BANK BUILDING ITHAC✓•, NEW YORK I4950 - - p. rOTALLY I3Ltd PAGI: 27a 10/27 /80 - 27a- � ithstandin he forNot egoirg in the event costs exceed eater rent reve-iues during any y�`a .r From tha original date of this agreerient until 1992 , the contributions . of each municipality shall be caluclated ' in the folio "ping -manlier , The municipalities designated under . the title Project I - belaw shall be res -oo_ssib 'le for the percentage . oF the corn-trzbut �.o.r� s set forth. in the chart beImsy , to be a-111ocated bl.--4t we.eri. them .Irl, : proportions to eater from the System cansuned within their - boundaries as . ' de -t. ernined by the Commission ., and those munic , palities desi.gna red under Project 1I . below shall be responsiY, 1 G . for the bala!r.cee , 1_i'.-cewise a .l: loca. ted be t� iee�� them. o,i the bas IS of consu:mpt ion Project . _ prod � . ' ec L, Dryden , Ithaca , Lansing Dryden , 1 'ch.a Town , Lansing 'tillage , Lansing Tory. Cayuga Heights Cayuga Heigh. 1970 . D-ec - 31 , " -1981 70% 24/o 1/1/32 - 12/31/82 80% ? o�u 1/1/83 - 12/ 31/83 82_% ls�% 1/1/84 121/ 31/84 84;0 6°ice 1/ l/85 - 12 / 31/85 . 86% 1 /1/86 - 12/ 31/80 83/ 12% 1/ 1/87 - .12 / 31 /87 90% 10YO 1/ 1/88 - 12 / 31/83 . 92/ g/o -1/1/89 - 12 / 31/89 94% 6% 1/1/90 - 12 /31/90 96% 4% 1/ 1/91 12/ 31/91 98% 2% 1/ 1/92 - 12 /31/92 and hereafter 100/ 0% UYOUCOS & BARNEY ATTORNEYS AT LAW y4VINC5 DANK DUILOING ITH AU . NEW YORA 14450 ... r . .. - 4. 14E;I PAGE 10 /21 /80 - 27b _ - For example , in 1981 , $ 265 , 000 _ is to be raised in addition to the eater rent revenues . 76°cp of said amount ( $ 201 , �'r00 _ ) is payable by all of the parties to this agreemen.t ( Project I municipa, lites ) n Based upon consumption , the :nunicipalitie s in Project 1 , `Ji11 pay the , amounts outlined undc x Project I below . The . balance ( $ 63 , 600 . ) will be paid by - alb the municipalities except: Lansing ViIla.ge _ Based upon, corls.ump� tion those mun ic ipalities Y,�ri ]_ l pay the aniaIxnts- ui7der Pro .) cc4 :r_ y` below . Pro ' ' ecZ I Project II Total Percent Dollars Percent Dollars Ithaca 54 . 038 $ 108 , 933 . 23 70 . 070 $ 45 , 836 . 52 = $ 1- 54 , 769: _ 75 Dryden 3 . 151 6 , 34x _ 12 4 . 198 2 , 669 . 93 ., 964016 .: 05 Lansing ( T ) 0 . 238 479 . 33 0 . 319 202 . 88 682 . 21 V . of CH . 17 , 572 35 , 390 . 01 2. 3 , 413 14 , 890 . G7 50 , 280 . 63 . Lansing ( V ) 24 . 951 50 , 251 . 31 - -- - > 50 , 251 . 31 { 100 . 00 $ 201o400 . 00 100e00 .$ 63 , 600 . 0'0 . $ 265 , 000000 - UYOUCOS BAPNEY ATTOR,r.YS AT LAW SAVINGS. BANK DU1LU1NG 1TRACA- NEW YORK 11850 S J s - T1O CHAi•N:E - WAS :' PAGE 29 . ` 17 2/ 77/ 3//11/7 7 I -28- X235/78 I 6/5/ 79 10 / 3/80 TTI _ WA CER RENT SURCIUARGES AND BENEFIT UNIT CHARGES Nothing contained in this Schedule or elsewhere in j this agreement shall prohibit each of the municipalities that is a :party hereto :from adding a surcharge to the hater rate schedule or assessing benefit: Emit . charges to cu. .stomers w�. Lhir, . f their own municipality for the purpose of financing debt sezv .. 6. or opexatian a.nd mair_tenance charges of dater supply faci 3 ties : oE�rried and operated individEaall b he mur> ici_ a7_ i =c r. p y . y _ p yj . or f_ or the purpose of raising part or all of the funds to pay a . municipality '. s share . of the expenses . related to Project T , or Project II . _ I f IV _ TRANSITIoN TO PROJEC` S i M To facilitate -transition from other water sources 1 to the . water - supply facilities of Project I , ( the " System i which transition began to occur in the third b11ling quarter of 1976 , . the _ parties agree that. for the third bi17 ing . quarter eac. party to this agreement sha11 pay to , t1r Comm1 ssion an. amount. calculated inaccordance with the water rate schedule in effect prior to Dec ember 1 , 1. 976 applied against only those uers wa:ih . . 7 ,, i 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 ther amount so required shall be - credited by the Commission. at such time as may be determined by the Comniissi. on against obligations due from such municipality up - to August _15 , 1977 .. _ _ . . Commencing with the .fourth bi11ing . quarter of 1976 all part ies hereto agree to pay to the Commission amounts due calculated in accordance with the water rate . schedule annexed hereto applied . . )JYOIJCOS & BARNEY f against all of the ultimate consumers within each party ` s ATTORI4 ?Y3- AT LAW SAVI tabs uANK BU IL011G boundaries , who as of January 1 ; 1977 were receiving water_ . 1THACA- r4FW YORK 14910 WAS PAGE 30 ' - NOW PAGE 29 2 / 17/77 6/5/ 79 = 29- . ` , 3/ 11/77 10 / 3/80 1275%78 from the System. , whether or not they in fact received water - from s . Ithe System during the fourth quarter of 1976 . There- shall be subtracted from the amount due from each municipality or party any amounts pay b% le by said municipality to Iother providers of water , such as the City of Sthaca As all consumers had beer,' transferred frog the City of Ithaca water source to . the . System by the beginni.rng of the first quarter . of. 1977 , commencing with I that . quarter and thereafter each party ber_ eto has an c�_i 7 Pay to the Commission amounts calculated in accordance with the water. rate schedule attached to this . agreement applied against a1.1 such fconsumers without pa 1, en of any amounts to the City o f M . mm Im III IM Im MI Ir MI -MI MI • j - - f - E 1i 6 - 1 . i jYOUCOS & BARNEY ' M MI ATT03NHYS AT LAW - . - - - . 'SA'lINGS DANK DV ILDI PIG i - - - - _ _ -- 1THA CA. NEW YORK 14670 - MI 1, M I . , . . -. I MI e -. - ` EXHIBIT S ir1AS . ` PAGE 31 `PATER . RATE SCHEDULE Effective January 1 , .1980 Gallons Min . Water Unit Cost Cu . Ft . Allowed ) Allowed Charge per ,Teter Min . Charge per ) = Min . Charge- per 1 , 000 Size Quarter ) per Quarter Quarter Gallons Small 1 , 200 8 , 977 $ 18 . 58 $ 2 . 07 1 3 , 200 23 , 940 44 . 32 1085 1 - 1 / 2 5 , 500 411146 73 . 91 1 . 79 21f 11 , 200 83 , 787 143 . 26 1 . 71 . 311 . - - 16 , 000 119 , 696 189 . 01 1 . 58 . - 4 " 241000 1791% 544 266 . 21 1948 6 < < 42 , 100 314 950 437 . 77 1 . 39 First 1 , 200 cu . ft . per 100 cu . fte at $ 1 . 548 = $ 18 . 58 $ 2007 Next 81800 tuft . per 100 cu . ft . at $ 1 . 285 $ 113908 $ 1 . 72 Over 10 , 000 cu . ft . per 100 cu . ft . at $ 9953 multiple Housing and Mobile Home Parks of over two dwelling 1 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 if the unit were 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 : An annual charge of $ 20 . 00 per diameter inch for each fire pro - tection main serving a sprinkler system will be billed on January 1 of each year . The water application fee shall be as follows for each new service for which application is made after January 1 , 1980 : Service Size , 3 / 4 " . and smaller , $ 150 . 00 Service Size , l " , $ 200 . 00 Service Size , larger than 1 " , $ 250 . 00 , plus meter , tap , accessory materials and installation costs in location approved by the Southern Cayuga Lake Intermunicipal Water . Commission . 9 / 11 / 79 Id rz • WAS PAGE 3 2 - 3 �_.: 2% 20 74 6 / 5/7=9- - SCHEDU-LE B 2/1777 10/3/30 = 3/11/77 DEFINITION Or UNITS 6/ 29/77 FOR PU RPOSES Or 12/5/78 CONNECTION - CHAR GISS Single family house 1 unit Two family house - 2 units - Multiple dwellings 1 unit for each dwalling unit mobile hone park l unit for each mobile hoira space . Co ° rcial property l unit fox each sfore or sepaxat.e- . other ;ise defined ) place of business School - educata. on. , none resi- den 1 ui It for each 10 - students -ci al faculty Group living accortmoaati. ons - l unit for each 3 • . beds or 3 accupa- ( e . g - p dormitories oz . other . fGcilities where groups of generally unrelated persons reside ) Motels l unit for ` each sleeping room. Boarding houses and rooming - l unit for eacli sleeping room or houses for each tY70 occupants , t•7hi. clIecrex results in more .units Professional offices l unit For each office Gas Stations - 1 unit for each service bay or s t E Industrial l unit - . . for each* . 16 , 000 cubic fee ' or part . thereof of water estimatec to be consumed annually Restaurants and food service - J unit plus 1 iinit for each establishiments 5 , 000 square . feet of bui. J. d xr, c� . 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 res* UIUx•rtq in the largest nurwer of units . Ti= e final determination of the applical category shall rest with the Commission _ ` Any uses- not spG� sically defined may be defined by ' th. z : Co fission. .. x - . :, - . - uy �1� r, _ i 2 / 17 / 77 CHANGES TO THIS .AGREEMENT ARE ON : PAGES 8 , 8a , 12 , 16 , 18a , 26 , 27 , . 27a , 27b , 28 , 3/ 11/ 77 29 , 30 , 31 . NEW PAGES ARE ATTACHED 6 / 29 / 77 SEPARATELY : WHEREVER REFERE14CE IS MADE / , 9 TO PROJECTS I . & II ON ORIGI14AL DOCUMENT IT IS U14DERLINED YKITETNIM01, , .ESTATED AND CONSOLIDATED AGREEMENT Or I-iUNICIPAL COOPERATION FOR CONSTRUCTION , FINANCING AN OPERATION OF AN I\YTER -I�IU�7ICIPAL IIATER SUPPLY AND TRANSMISSION SYSTEK THIS AGREEMENT of municipal cooperation , as amended , . F F j . restated and consolidated as of this 5 -ch day of J.unre . ', 1979 , between the TOK,,NT BOARD OF THE TUN OF DRYDEN , Tompkins County , i . ( New York , on its own behalf and on behalf of DRYDE17 WATER DISTRICT 1 ( hereinafter referred to as " Dryden " ) , the TOLAN ij BOARD OF THE TOWN OF ITHACA , Tompkins County , New York ( herein . after referred to as " Ithaca " ) , the . TOWN BOARD OF - THE TOWvN . OF } IiANSING , Tompkins County , New York , on its . own behalf and on r behal � of MCKINNEY ' S WATER DISTRICT ( hereinafter referred to t - I cs. s " Lansing Town " ) , the VILLAGE OF LANSING on -its own behalf- and as- successor to I. AZ:SING I^TATER DISTRICT I ( hereinafter: referree to as " Lansing Village " ) , and the VILLAGE. OF CAYUGA HEIGHTS , Is T )� pkins County , ItiTew Yo_k ( hereinafter referred to . as " Cayuga i {i heights " ) , all of the parties hereto sometimes collectively f + ' v 1 { or individually referred to hereinafter as " municipalities " .. , i or " mumbicipality . " I i WITNESSETH : TgHEREAS , the above named municipalities have unaert: akeil. to study the desirability and feasibility of providing water- . services to the inhabitants of all or a part of each of the . .: i above named municipalities , and WHEREAS , Lozier Engineers , Inc . have prepared two er_gi " neers ' 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 1 an addendum dated September , 1972 ( the project referred to in . JYOUCOS & BARNEY said report and addendum being hereinafter referred to as. . " Pro- . ATTORNEY5 AT LAW ject I " and the report and addendum together being referred to SAVINGS BANK BUILOING ETH ACA . N %W YORK 14830 Y LL S F k f1h 3 /11/77 . .: 6/ 29 / 77 12 / 5 /78 - 2 - 6 / 5 / 79 as " Report on Project - I " ) and 'a second -.. report entitled "Engineers I Report on Proposed Water Transmission Facilities , Including Water iTransmission 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 as " Project II " and the report and addendum on said project being ! hereinafter collectively referred to as " Report on Project IT " ; and municipalities , toL7_� EREA S e the above named P ursuant . the authority contained in Article 5G of the General Municipal Law of the State of New YorR and in Title 1 .-A of the Local_ IFinance Law and pursuant to the . authority granted generally to municipalities and water districts wish to provide for the con Es . ruction , operation , maintenance and financing jointly of the. water supply. and transmission . systems set forth in the fore - Igoing reports ; and the parties hereto believe that the benefits to be conferred by the construction and operation of the afore - said projects will permit assurance of adequate eater supply parties hereto for their existin need for she p g s ; will permit growth of areas of several of the parties hereto and provide , water for such growth , w :il1 permit improvement of water sexvice•. i to 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 i partyhe-° eto ; and WHEREAS , pursuant to the foregoing desires Dryden , , Ithaca , Lansing Town ( acting . at that time for Lansing Ilater � . and Cayuga Heights District 1 as well as for itself . and McKinney ` s Water Dist .r, xct) / ,JYOUCOS & BARNEY AYTORNEYS AT LAw prior to the incorporation of Lansing Village , entered into an SAKlNGS HANK BUILDING - iTHACA, NEW YORK 14830 Agreement _ of Tviunicipal Co operat ion for Construction , Financing , 3 / 11/77 (I 6 / 29 / 77 1i 12 / 5 / 78 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- 4 fied by a Modification of Agreement of Municipal Cooperation for Construction , Financing and Operation of an Inter- Municipal I; } i 11 Water Supply and Transmission System dated as of December l6 , 1 ` 1974- and by a Written Agreement as to , Water Rate Schedule dated �I as of December 1 , 1976 ; and I WHEREAS , the Projects contemplated by the foregoing agreements and modifications have been substantially constructed and are now in operation ; and T4THERaS , bonds have been issued for the financing of said Projects and repayment of . the indebtedness represented. by { said . bonds is about to commence ; and i i WHEREAS , since the original agreement and first modifi- i i cation . thereoZ Lansing Village has . been incorporated and , to the extent permitted by law , the pursuant to law , has assumed the governance , operation and / i 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 I ments relating thereto and Lansing Village wishes to be so jincluded ; and I 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 agree"ment ; fNOW , THEREFORE , in consideration of the premises and I I provisions hereinafter set forth the parties hereto mutually agree as follows i I .. 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 JYOUCOS & BA ?NrY - NACA• NEW YORK 14930 the " Co,nmiss ion " ) . Said Commission shall consist of ten ATTORN °YS AT LAW . i _ ; AV? NGS BANK ©U ILDING M - M - Av T 30/ 11/ 77 M. 6 /29 / 77 � 6 / 5 / 79 _a _ w members - t member _-. Each par hereto shall appoint two rye o the Commission . of the members so appointed , at least o n e member ( � irom each of the parties shall be from the governing body of the appointing party . The members of the Commission shall serve fat the pleasure of the appointing party .. The Commission shall ! elect its ov7n chairman , vice - chairman , secretary and treasurer ' Iiprovided , however , that the treasurer must be a fiscal officer of Pone of the municipalities that is a party to this agreement : A quorum shall consist of a majority of the appointed nembers of ; ithe Co-amiss ion . Except as otherwise provided herein. , by law , . or i the votes of . . a majority of the :by regulation of the Comm .i_ ssion , /members . presenL- at any m .eeting ishall be necessary for any affirmative . action of the Commis s i on. : . , The . Commission , inso = ar as is permitted by law , . shall haw , e - the . Is following powers and duties : 1 ( a ) The overall responsibility for and .supervision of ithe construction , operation , maintenance , management of , and re - ; payment of indebtedness incurred for , Projects I and . IT . with ` limiting the foregoing , the Commission shall ( i ) Arrange for engineering services, acquisition. of necessary lands and rights. of way , preparation of bid specifications , lettirig of bids , arranging and supervising or contracting with public or private corporations . - . construction. , hiring of appropriate personnel/ to manage , service / and 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 . ;UYOUCOS BARNEY � ( ii ) Apply to the appropriate governmental authorit i • . ATTORNEYS; AY LAW including the United States Government and the government. 54VINC.5 HANK BUILDING - ( TNACA, NEW YORK I4830 of the State of New York , for such r - :> t L - .T . • { 1 a . 2 / 17/ 77 6/ 5/ 79 mm 5 -- 3/11/ 77 3r5 8 . in that loans . _ or .grants financial and other aid in ) . that may be available for Projects I and II . i Establish such rules and regulations as k - Eit deems advisable relating to . the operation of IProjects I and II , including , without limitation ,. . . I - j rules and regulations . relating to required plumbing i inspections prior to connection to the system , arid , rules for handling emergency breaks . in . lines served by Projects I and II . 4 . f ( iv ) P .rovi de for. the enforcement of its rules and regulations .. ( v ) In the event of. breaks in lines ( 1.,ihether I . in lines included in Projects I and IT or lines I served by the projects ) be empo�.aered to shut off f j water to all or .ar_y . part of a municipality. pending !� completion of appropriate repairs by the Com-nission I I { or by the municipality involved to the sat is faction of the Commission . I ( b ) To hire its own personnel or in " lieu thereof to contract with any of the parties hereto or any other munici pality or governmental agency or political subdivision for pro - vision of personnel services , use o .L equipment , use of supplies , etc . , and. the costs of such contract shall be included in the cost of the operation of the projects that shall be assessable i against the parties hereto in the manner hereinafter set forth . ( c ) To make capital improvements to the projects before and after completion of initial construction subject to the . approval and authorization of all the parties hereto and. any federal or state agencies as may be required . . JYOUCOS & BARNEY ( ( d ) To call , arrange and conduct hearings in regard ATTORNEYS AT LAW s^VINGS DANK BUILOINO. to the furnishing of water service and make determination of 'SHAG&, NFW YORK 14930 2 / 17/ 77 3/ 11/ 77 6/29 / 77 . 12/ 5 /78 - 6 - 6 / 5/79 l . an issues thereat ; to provide ' for. the . riakin Y P g : . 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 - of the ! General Municipal Law _ ( e ) - By vote of a majo _r. ity of the appointed members a . 1 lithe Commission to adopt regulations as to . the time of holding 1 meetings of the Commission . and notice required therefor . ( f ) To collect the necessary information ::or preparing ,and iscu ing bills for . customers of : the Commission and , at . the., option of the Commission , for preparing - and issuing bills. for : cus - ftomers of the municipality parties .hereto in accordance with ;.instructions received from each municipality . i ( g ) To contract to provide . services for any one or 1 } ;more of the parties hereto such as meter reading , maintem nce . f an individual municipality ' s ,rater lines , and other services _ The governing bodies of the respective municipalities . ?may at any timme delegate such other . dut .ies and responsibilities 1 o the Ca r�Tniss ion as permitted by law and as mutually agreed . If required by law to effectuate the purposes of .thin Igreement , the parties hereto agree to designate one of the . overning bodies of the parties to implement this Agreernc n : by e}:ecuting documents paying personnel , formally letting :bids , and any actions that by law must be conducted by a governing body of a municipality and by law may not be conducted by ox delegated to the Co1nission - . Subject to the right to change saiie in the future by unanimous action of the parties hereto , " the To %-gym Board of the Town of Ithaca is hereby designated for such purp Such designated municipality shall be reimbursed by the CanVcIis _ . � For all costs incurred by such municipality in renderi-ng such ser - 3JYOUCOS & BARNFYvices including payroll and fringe benefit expenses . . Such ATTOP.NEYS AY LAW SAVING5 BANK [BUILDING ITHACA, NEW YORK 14950 f 3/ 11/ 77 . _ 6/ 29/ 77 ' 12 / 5 /78 - 6a -. 6/ 5/79 Ireimb ursement ' shall bz a expense of the Commission and shall Ibe assessable against the parties hereto in the manner hereinafter ` set forth . 2 . Financing of Initial Construction _ The initial jonstruction costs of Projects I and II has been financed by Ithe issuance of joint indebtedness for . each ProjecL_ for which Ithe joint faith and - credit of the parties hereto except Lansing 1 , , YOUCOS & BARNEY ATTORNEY AT LAW kV1NGS BANK BUILDING 'NACA- NEW YORK 14970 x f 2 / 17/ 77 f 3 / 11/ 77 12/ 5%78 6/ 5/ 79 ( Village , has been pledged for the payment thereof _ Even though not ex.pressly on said bonds , . Lansing . Village agrees to. pay its share of such indebtedness as if it l were an original party to said bonds . The bor ( I for the projects shall be repaid i. d over 20 . years ' in the amounts i set forth in the Bond Schedules for Project I and Project . Il I annexed hereto . The total cost of Project I is not in excess of . $ 6 , 070 , 0700 . 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 k i! set forth in Schedule A annexed . Each of the parties hereto ,k - �( agrees to take all steps necessary to provide for repayment of such obligations , including , without limitation , authorization aj t j appropriate . resolations by each of the governing boards of each of the par'c. _ies hereto if not already accomplished , raising of I k the appropriate funds by taxation or otherwise , and all relaL 1 matters . Further , each :o -f the parties hereto agrees to pay its 1 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 Com-riission at such 4 , times as the Comn, iss ion . shall determine to permit payments to- : be timely made 'on the principal and interest of the indebtedness k incurred for Projects I and II . The funds so received by the -Treasurer shall be paid to . . the bondholders or the paying agent =or bondholders . 3 . Financing of the Maintenance and operation Cost of Projects I and II . Annually , on or before September 15 k each year , the Commission shall prepare a budget for the opera- ,UYOUCOS & BARN�Y ATTORNEYS AT LAW Lion and maintenance costs of Projects I and 1 .I which shall be I $ +IYING9 BANK BUILDING - - ITNAG, NEW YORK 14870 - SEE NEW- PAGE 8 and 8a - 6 / 5/ 79 NEW WORDS ARE UNDERLINED 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 1.5 . The Commission shall allocate the costs for the next year among the parties hereto based upon such watex. usage during said preceding twelve month period . . The parties sha. 11 raise their share and then pay to the treasurer of the Commission their allocable share of such expenses in the man.n. er set forth in. Schedule A The treasurer of the Commission shall pay the operating and maintenance costs out of the funds I so received . i 4 . Surplus or Deficits . If the total revenues received by the Commission result in a surplus over and above a reasonable a:-m.ount reserved for contingencies , the surplus . shall be refunded at the end of the fiscal year to the municipalities in proport ion L.0 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 . jyear . if the amounts collected from each municipality, result . in. f a . deficit , the Commission shall first us- e 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 I 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- 'OUCOS & BARNEY RTTORNEYS AY LAW - DINGS HANK BUILDING ACA. NBW YORK 14830 - - - -•.. - - . - ...+..._....�-.•r.z. .eM_'!.^�..�. r:.. ._.Y....r_.��+. .w< .�. . .+.rsl� -4. e !Mb,+w• wIT..T^. 2 / 17 / 7 7 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 ieach of the municipalities or to establish water rent surchar e :=s i - g or water - rate surcharges sufficient to raise , the. funds neces X to pay each party ' s allocable share of the operating and mai _ tenance expenses _ Even if the party contests . the allocation of. a deficit to it , each party agrees . to pay the amount so a7.. 1ocated 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 Coir-Limission , that such payr. ent 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 � ! oarty ' s allocation . j 5 . D ` termination of j^later Consumed . For the puzp ose . it of this agreement , wh^ ?? ever . reference is made to water consumL t + within a unicipality , the water referred to shall be . only th `j water supplied from the waster supply facilities ' referred to in l DYoject I . Water consumed within a municipality . but derived !-.-C .rct ! other sources in operation January 1 , 1978 shall be exchded . in I1 all computations required hereunder. . ONTo new public source of . jwater 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 ' whic1neve _- occurs first . It is anticipated that meter installations sh ... 11 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 1JYOJCOS & BARNEY ATTORNEYS AT LAW - SAVINGS BANK BUILDING - - - ITNACA • NEW YORK IAD50 . . v .. ' 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 consiLmpti-on obtained pursuant to standards established by the Commission . Each party hereto agrees to deliver such of its records pertaining to its I . own water systems ( including readings ) as . the Commission may. . I f - i . . I 'OUCOS & BARNEY RTTORNEYS AT LAW - IM05 DANH BUILDING ACA. NEW YORK 14930 - S . ;` :.�`,.:. . . � - _ Ys...- � �� Y• ° yt ) £G ..i3i eR13 { e iraY a EttO - 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 municipa t� for the purpose of determining water co=wmed within each mun _- pality . It the Cominissi_on 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 f' snrvi.ces shall continue to be employee's of the mun. ici.pal3, 1 from which they are assigned . All personnel so assigned and � ! engaged in the operation or maintenance of Project . I or Project I I shall possess the same powers ; duties , immuriiti es ai, nrivi 1 eaas they would ordinarily possess if they pert oi�ned theiz ( i duties for and in the municipality by which they are employed 11 To the ex-tent _ equired by law , the applicable Civil Service rules and regulation shall' be observed . 70 ' Title to Real Estate_ Title 'to ., the real estate and easements used in Projects I arid II has . been or . will . be . taken in 1 the names of Dryden , I.thacar Lansing -Town and Cayuga Heights , ijointly, each bolding an undivided interest corrunensurate wi,th e the 1 interest of each municipality in . the respective Projects.. •ll- real estate. and easements obtained in connection' with either _ r co- ect I o - ec � shall be held and used for the joint water transmission lines and um 1 supply plant and related facilities , . p p ing stations , and shall be used only for the purposes . of Pry ot and Project II unless all of the parties holding title plus Lansing Village agree otherwise . This limitation of use - shat be binding upon the parties hereto and any - of their successors ;UYOUCOS & BARNEY interest There is hereby assigned to Lansing Village an ATTORNEYS AT LAW SAVINGS SANK ITHACA. NEW YORK 14050 :�• j 2/17 / 77 3/ 11/ 77 11 6/ 29/ 77 6/5 / 79 undivided interest in all the real property con tained • in . Pro ' ect " j If the amount of such interest to be commensurate with Lansing 1 Village ' s interest in Pro -) ect I . 8 . Tax exemption .. To the extent permitted by law each party agrees to take such steps as maybe necessary to . exempt from real property taxation any of the real property , real property improvements , easements , pipelines , filtration. f iplant or other facilities associated with Pro ' ects I or _ or . used by the Coy i fission located within the municipal: boundaries. . of such party , and further agrees. , to the extent permitted - by law , not to assess or levy taxes against such. properties . 9 . Pre-Agreement Costs . Prior to the execution of I this agreement , Lansing Town has acquired certain of the real. estate necessary for the water supply station and has incurred. costs for the purchase price of such real estate arid engineering j services of Thomas G . Miller related thereto . Other municipa 'li - !! have incurred ex erases to Lozier Engineers , Inc . and legal t ties h - P �E - f expenses in connection with the study of the feasibility of the y ++ -:project and applications for approval of the project .from appropriate governmental authorities and land acqui .si_tion ! expenses . After execution of this agreement , the parties in d.ividually may incur additional expenses relatj.ve to Pro -iect_ s :f 1 -and IY with the consent or approval of the other parties to this : 1 . - 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 transerrinc; title O .L. real estate , surveys and appraisals , to the parties jointly in the manner set forth above .. Such reimbursement shall =COS & BARNEY be out of the proceeds of the joint indebtedness incurred ATTORNEYS AT LAW VINGS DANK- SUILDINp hereunder . The road knotim as Bolton Road - MCA, NEW YORK leading from Route 34 to the water intake point on i SEE NET PAGE 12 2/ 17 / 77 i ,. .: 3 / 11/ 77 - 12 - 12%5%78 6/ 5/ 79 .Cayuga_ Lake ; and - all appur tenances . - to said road , shall be paid a for jointly by all municipalities in - accord ance with the i� Financing allocation for Pro -iect I . The completion of the road 1 1 j shall be in accordance with the terms and conditions of the i agreement between the Town of Lansing and Lucie G . Bolton , j dated June 28 , 1967 , and in accordance with the Town of La specifications in effect . February 25 , . 1974 _ Such read shall. be imaintained and plowed by the Commission for the CoMMIssioia ' sl own use until the earlier of the follo�k? ing events at tiinich tune . f the road shall be conveyed to Lansing . Village and Lansing Village agrees to accept. same : ( a ) The. reasonably regular use of the r6ad. for ingr. c, ss 1 f and egress by any person or entity other than the Commission ; or- If ( b ) January 1 , 1985 . �iFrom. and after such date the . ob1icFL tions for maintenance and snoWplo-vain. g shell be the obligation . of Lansing Village . j In the event that the road on such date is not then . .ID, t] { r:ranicipal boundaries of Lansing Village , the obligations . to a :. r 1 1 said road shall be the obligations of the municipality . ( such as the Lansing Town ) within whose boundaries said road . shall _ ther,. 7_) : i located la . Responsibility for Damage Claims . In the event any i liability is asserted against any . of the parti. c'ss hereto . arisi.ric . AND PROJ . II ! out of the construction , operation or rnain. tenance of Project. :% ,. ADDED the parties shall be s �eeverall liable for the defense and a T, ue , , 1L p Y p " - i of such claims , the proportions being in the same proportion as i the debt is allocable to each party . Similarly , any ai, � 11 � �; i TAKEN OUT CNa, : .ng-out-of the -cor p ^rEtok-o- rnt-ena�n ter-}?:ter NEW PAGE. 12 et I- slue the- level l ',� i1tx- owl=he-jaar-t-kes — =,tee be . -by.-e-a-ch.1 —nmici-P i� IJYO'JCOS & BARNEEY ATTORNEYS AT LAW - SAVINGS BANK BUILDING ITHACA. NEW YORK 14930 r n y . A ' 3 / 11/ 77 12% 5%77 F i ALL ON NETj PAGE 12 � � - 12a- 6 / 5 /79 I ► • _ _ " The: ._ CommissioAKEN ,- OUT ON or NE ii PAGE 1 i or any one of the municipalities , may place or take out appropr .iate insuranceagainst any such possible liability ! for protection and benefit or the Project and each iindividual municipality , and the premiums for any such t Ir i ! E - i I I I _ f i E ► I I - ► IYO OS 6ADN "EY f ATTOP. NEYS AT LAW .AVINGS BANK BUILDIN I - - rHACA, NEW YORK % 48�J f _ 2 / 17/ 77 6/ 5/ 79 _ _ 3 / 11/ 77 i �)5/78 . 6 1 insurance coverage shall be an obligation chargeable against 1 j the PPrr2dect , the cost thereof to be apportioned during the 1 construction period in accordance with the debt allocations , and t thereafter to be included in the costs of the operation and maintenance of the project and included in the budget assess against each municipality each year in the manner set forth, f 1 above o } 110 Aeration of Agreeni ent This agreement . shall con - tinue in force until such time as the bonds issued . by the s municipalities for- the construction of said Projects have been fully paid , satisfied and discharged , and shall. continue tlr. ere after until further agreement of all the parties hereto . Z`his #� agreement may be modified at any time by una nimous . agreele _ :t of all parties hereto . 12 . Accounting and Bonding _ Such fiscal officers and 1 such. other employees as the Conu-nission may determine and in a { event any Co=uission members. or employees who handle funds sr before receiving any moneys on account of Proms' ect T c; rrc � r f fix fT give a corporate surety .bond for the faithful performance aL , their duties and a full accounting for all moneys of either pro ] < handled by them , in such amounts as the Commission shall p -rel - scribe and 4whi. ch bonds shall be approved by the Coin= ssion as to form and sufficiency of surety . An endorsement on an an :existing surety bond meeting the requirements set forth above shall be _-suff_ icient . 13 . Settlement of . .pis utes An disputes between the - � y p parties hereto " arising out of the application or interpretation, i of this agreement shall be submitted for declaratory judg-en ` o the Supreme Court of the State of New York in Tompkins County , UYOUCOS _& BAP,NEY ATTORN_YB AT LAW New York . - - - SAVINGS BANK BUILDINO ITHACA, NEW YORK IR9 •1D 2 / 17/ 77 3/ 11/ 77 6/ ?_ 77 - 14 - 114 18 6/ 5/ 79 I 14 , Further Documents . I -t is the purpose . and . intent s of the parties hereto to make available an adequate supply of potable water to the aforesaid municipalities _ To this end the I parties hereto agree to cooperate fully in acting jointly by 1 and througY: this agreement of municipal cooperation pursuant to Article 5G of the General municipal Law . To provide the fnecessary authority for the financing , construction and super �+ vision to accomplish such purposes , the parties hereto pledge t themselves . and agree amongst themselves to ' amend or supplem:et, this agreement in the future in any way desirable to provide . ' E additional authority which may be deemed necessary to adequately and properly create , construct , maintain and operate the said 1 projects . 15 . illegality of Part . In the event that there shall be a final adjudication that any provision or provisions of this agreement mss , are or sha11 be invalid , illegal or contrary to public policy , such ad5udzcation shall not affect any of the ot?� er provisions of this agreement , and such other provisions i 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 become 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 ito consider such interest and to include the City of Ithaca . as . a party to this agreement upon the agreement of the City ofthac to share its proper cost of construction , land acquisition , rights of era en ineering and legal expenses , debt . service , and opera-Y g 3UYOUCOS & BARNEY ATTO?VN Y9 AT LW tion and maintenance and other E ✓. her costs of the projects to be con SAYINGS BANK OUILDIN6 4 ITHACA, . NEW YORK 149130 I strutted in accordance herewith _ . Such addition of the City of _ + 2 / 17/ 77 3/ 11/77 - 15 - 6 9/ 7 12 5 / - Ithaca . to ' this. agreement may be evidenced by- .the execution -of a supplemental agreement modifying such provisions of this f I� 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 arti. es agree that should new water districts be P g . . i - formed within the municipal boundaries of Dryden and Lansing. Town , and should such new district elect , wa. Ler may be supplied _ j to such districts from or through Promo ecta�s I a r r_ I provided , however , that said districts by supplement: to this. agreement agree to pay their proportionate share of the costs of operation i and maintenance and principal and interest in . the manner set forth in this agrees sent . The amount of such payments shall . be M agreed to by all parties to this agreement prior to the I _ e^•, ecut ion of such supple a;entai agreement . l8 . Connection Charqes . It is anticipated that G7on to existing water mains , outside of existin water � _ s g exteng ci strict may be made which will benefit additional . property owners , water districts may be enlarged , and /or new water_ districts may be created after the completion of � ,q ., . The parties hereto agree to pay- to the Commission . for each 4 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 payabl I to 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 , 19 ' 3UYOUCOS & BARNEY AT70tISMY9 AT LAW there shall be no charge . - - - SAVINGS DANK- BUILDING - ITHACA. NEW YORK 148D0 - - - 1 . 2/ 1.7 / 77 3 /11/ 77 6/ 29/ 77 SEE NE67 PAGE lb - 16 . 12 / 5/ 78 6/ 5/ 79 ( b ) If such connection occurs - after December 31 , . i 1977 , but before January 1 , 1979 , the charge shall be $ 25 . 00 _ ( c ) If such connection occurs after December 31 ,. c 1978 but before January 1 , 19870 the charge shall . be $ 25 . 00 pl -as an additional amount equal -to $ 25 . 00 multiplied by the r nuTber 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 Decal er 3 ). jr j1986 the 6h .arge shall be $ 250 . 00 - ' ff� The connection charges collected hereunder. shall, j be applied to reduce . the funds required for principal and inter i on the joint indebtedness incurred hereunder. . T - n o� i I mo'. i n � C � i2 �_Ct iC� rt ha�rgye � rlt� dJn9_.CAiLn.,ec J rti r�ha ,-r� THIS IS TAKEN1 OUT ON NEW P P 16 Mnw�n ( rs Y.S °f`L'L � Qr� � 1L� _� Le�Z �S-Sl?cll`'rr Tli cfi rini r , r _� , + ter. i . rr r '��t?.�•". ��r—��--P�{�-P�--cZ�-•— m1-, 'L. l - n o t1 -� -F��_r,��r�,r zn � rrccrvcrrv'-ter - 1 i�+ ® r-r -- �. ir9 -41 n _.:_t - LLCL�.-� f w—�n?l Yl fit" L.�.a, �'•� „ '�- � r� •f r r• i n J .. g to the s?� '-,c.r- n�-�•�-�-�k�—�-�i-F%��—Ylt1o'C7' 1 �,,,��-t' r� 7 - rtci Cti-r TT � I � ar-tal + •h -, lTl,�,'hr. -. .-.... 9 - 1 avz:��s 1 -`ems--� .. ti,•�``T..�TV - - - - -- rr - --° -- � { A connection charge shall be made for each un ' t I _ as determined by ' Schedule B annexed hereto r The parties. hereto by mutual. agreement , : xn f crease , reduce or eliminate the connection charge , or al •tex 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 cut of i)jyo cos & BARNEY general revenues or obtain -the funds in any manner permitted ATTOft'1 ?Y9 AT LAW SAYINDS OANK HUILDIND by law . - - - -• I:HAG, NEW YORK 14D50 2 / 17/ 77 3/ 11/ 77 - l7 - 2 /29/ 77 1 5 6/ 5/79 I Nothing contained herein shall limit the authority i of. each municipality to impose additional connection charges on f� consumers within their jurisdiction for any lawful purpose _ f i No connection shall be inane by the Commission to a i ultimate consumer _ in any municipality party to this age ee�men.t I Ivrithout approval. of the municipality An which the connec-tion is to be made . fi f19 . . Authorizat °ion . The parties hereto reps, e eYi t and warrant ( a ) that this agreement has been presented t t 'I governing bodies of each of the parties . hereto ; ( b ) ..that each } such governing body has approved -this agreemenu: by a majority vote of the entire voting strength of its governing body and 1{ ( v ) thaw if required , all. steps by way of public hearings- , and/or �4 referendum or otherwise not taken at the time of execution of . fthis agreement shall be taken within . ninety days of the execu w of this agree_ne, n:t . Within such ninety day period , eaclx ` party { hereto shall certify whether or not all legal steps and approvals necessary to make. this agreement a . binding agreement �i upon such party have been taken and whether or not this agree ! ro. ent . is the - valid , binding obligation of such party : such, f certification. shall, be made in tr ipli_ catF and. a. copy 6e% 1A.vcred I to the Town or Village Clerk. or Supervisor of the other part " : es hereto . If such certificates are not . made by all of. the parties heizto within such period , unless the parties otherwl se agree , this agreement shall be deemed approved by all parties and _ each - Iparty shall be abJ_ e to proceed in accordance with the terms of f!f this agreement and in full reliance upon its validity effect ` as of the date above set forth . Until the end of such 90 day UYOUCOS & BAP,NcY I period or until .all certificates indicating approval are served , - ATTORNEYS AT LAW F 6AVJNGS 5A.NK . " ILOING the parties hereto shall continue to be governed by the Agree YEen ;TNACA, NVN YORK ) 4570 6/ 5/79 - 18 - - and Modifications " heretofor executed and presently ire " 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 VIlla.ge ' 4 ` obligations hereunder , and pledging the full . faith and credit of I the Village thereto , together . with a certificate from the counsel to the village that all legal regai.rements relative to the adop-= L- ion of such resolution have been . met including _ the holding of. a i , 1public hearing thereon after legal. and proper notice ; and ( a ) loo referendum has been sought and the statutory i . . f lS time for same has expired ; or ( b ) T1. e resolution . and agreement were approved at a . pifoli. c referendum . 20 . Validation and. Reliance . Each of the municipalities i } agreas to l .� -L ti_ ate , under-take end complete all proceedi_r_gs . .. ch z' n`e necessary to construct, establish and operate this � 2;.ntermunicipa1. water system and to effectuate , otherwise , jthis project and the provisions of this agreement in accordance I With all the applicable requirements of lava It is understood by the parties hereto that each municipality has arid wal. 11 . incur- cosAL s , 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 mun11 cipalities to do the same . 21 . Effect on Pendi_n. cx Annex:atio .n Action . The parties he. rek�� agree that the execution of this agreement shall in no . way be intended or interpreted to prejudice the outcome of annexation . ;�JYOU�OS & SAQNEY proceedings between the Town of - Lansing and Village of Lansing. ATTORNEYS AT LAW - 54VIN65 DAMA BUILDING FTk ^CA, NEW YORK . . . '. - : . . '.n •" .. - .' ... __ . ! ". � ' -rte.-a SEE NEW PAGE 18a 6 /5/ 79 currently pending before the Appellate Division of th'e New York State Supreme Court _ IN WITNESS . WHEREOF , the parties hereto have executed I . 4 1 � j + i i 1 i ,4 i >UYOUCO ) & BARNEY ATTORNEY: AT LAW SAVING5 DANK BUILDING ITHACA, NEW YORK I4330 - - 2 / 17 / 77 ESEE NEW PAGE 26 _ 26 _ 3/11/77 I 6 / 29 / 77 12 / 5/ 78 . I SCHEDULE A 6/ 5 / Z9 ! FINANCING & DEBT ALLOCATION FOR PROJECTS ' I ' AN II i AF�EN OUT T T -nrl r�� m L. YJ v A 1 Debt Allocat ion . For purposes oz debt alloca- tion required by the Local Finance Law , the joint debt for the financing of Project I shall be allocated annually between the municipalities in proportion to the water consumed by each of them from the water supply facilitie s of Project I . ( the " System " ) . i during the latest twelve month period - for cahieh figures are avail I able on September 15 of each year . The allocation shall be- detca- i mined by the Commission based upon such figures . Until the Commission determines otherwise , the debt allocation shall be as follows : t r?ME OF MUNICIPALITY PERCENTAGE OF DEBT Dr v d en 2 . 333 Ithaca 54 . 948 La :-ising Town • 213 Lansing Village 26 . 955 . i Cayuga Heights 15 . 551 j ti II . -(-b-} Financing of Principal and interest and Operation t i a: d Maintenance Costs _ Each of the parties . agrees to pay to the 1 Coa= ission an amount for water consumed from the System in their own municipality in " accordance with a uniform water rate schedule 1 . in the amounts indicated on Exhibit 1 hereto , said schedule t T applied to the ultimate consumers within each municipality . Thy.. amounts so derived are hereinafter referred to as . " water rent 1 I revenues " Each municipality shall have the option of raising such amounts by . charging ultimate consumers in accordance with i 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 . the Commission , the amount payable shall be computed as if each JYMCOS & BAP.NcY � I i ATTORNEYS AT LAV! ( municipality adopted Exhibit 1 and charged the ultimate consumers 5A•P1PIGS BANK DUILDING I:HA:A. NEW YORK T4950 1 t S -YS r.r t fk 6 / 5/7 �, . SEE NEW PAGE -27 - 27 - - - - thereunder- _ All of _- the water rent. revenues dcr- - -fY� ~ , � - ----- -s . n L,, , � n i n r T , �s n , cent rPZr � ns � . G r1 car id-f_uo� �.iz� g C7i 1' 1 rra a 7 , Pte ` e .%I EW rAKEN P OUT ON ` =?-e-L;a-�tC'�--`tea-flz- - 'c-e r -1 mevrnr -- n .i �.Tl PAGE 27 , r A7 a n , � r� c: � � ; err .. .-�� 1 -�.r --- ys- uv r r� - * �f ;4 olle ±E1�cc , Tn • ' N � Ki��t�- 's - � e�73s"Crz� shall be delivered . to the treasurer of . the Commission for application towards tha princ' J. and ilzterest payments due on the indebtedness incurred for . I • Project 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. W0 °.DING Fosts , the municipalities shall make up the deficit by each. REVISED contri.butinc a. portion of such deiicit �! the portlfln - - . to each party to be deLerinined by ffalt iplying the total deficit j by a . fraction , the denominator of which is the amount of water I co:isumed iron the System in all the municipalities during the LP.mediately preceding _ four billing quarters . as determined by the t1 ti Commission , and tha numerator of which is the amount of Ovate ... on sumed from the System in such period by the individual mu 111. - Ij pality %:?hcse share is berg determined . . E. :cept as hereinafter Drovidea d , Ey:hib1 1 may not be . changed by the Commission without the written agreement to such change of all of the parties . ` Unless the Cozrmission de" er�� ines otherwise , the payments requ ireei hereunder shall be made to the Commission or ' it s . delegat.e . f quarterl1r as follows : ' f Village of Lansing , Towns, of Dryden and Lansing - rebruary 1 , May 1 , Auaust 1 , NotTember 1 To�an of Ithaca - January, 1 , April 1 , July 1 , October 1 village o -LF Cayuga Heights March 1 , June 1 , September 1 , . D ° cer^Der 1 . UYOUCOS & BARNEY ATTORNEYS AT LAW - SAVINGS BANK BUILDING ITHACA • NEW YORK 14950 SEE NEW PAGE 27A - 27a- 6/ 5/ 79 WORDING ON THIS PAGE DELETED ( a ) Ybe 11ocaLion . The allocation of deb al be made annually b =_Atwe the muni� ies in proportion to the r water consumed from the ern d�uri- the latest twelve-month . period for h �n figures are available on Se Amber 15 of each } , r . The allocation shall be determined by the . Comma S �.o� { � . I y f 11 11 - i I i a _ jj 1 j ;YQUCOI & BARNEY _ ATTORNEYS AT LAW - - AY1tiOS DANX SUILOINC - - - (MACH. NEW YORK 1493D WORDING ON THIS PAGE DELETED 2 / 17 / 77 . 3/ 11/77 12 / S/78 6/29 /77 - 28 6/5/ 79 ased upon .. such _figures . Until the Commission determines - o her.,� ise , the debt allocation shall be as follows : MkTvIE OF MUNICIPALITY . PERCENTAGE OF ; EET Dryden 3 . 194 i ithac « 75 . 225 \ Cayuga Heights 210293// . I1ansing Town 0 . 29�I_ �� ( b ' � Financinct of Principal and ` nterest on Construe •- i` tion Inde';cedneSs and. Op° ration and Maintc ance . The costs of debt service and operation. and maintenance of Project II s17a1. 1 . 1� e_ r paid first by the application or.. th-e glance of water rent cezjc�r, . j derived f =`L Dryden , Ithaca , Cayuga-Heights and Lansing Town ' s McKinney ' s Y� ater District ( 24/� of such revenues ) if such rev4 3 hues exceed the amounts needed to pay such costs , the surplus sha ?1 be disposed of as set;, -forth In the agreement . If such revenues be insufficient , th deficit shall be paid by the I; r � - 1I -nun. icipali-cies in proportion tc� the water consumed _ from the Syste�� witrzin each municipality in -che immediately preceding four billing quarters . / The portion paid by each municipality `. shall be determined b� multiplying the deficit by a fraction , i the dent = inator of which shall be the `aggregate amount of Irate consumed from the/ System in Dryden , ltha� , Cayuga Heights and f/ Lansing Town ' s McF, inney ' s _ t4' atez District fluxing such pezi_c� d , and the nimmera`tor of which . shall be the amount of water fr_ o:ts. tbe_ System consumed in such period by the individ ' al municipality whose share • is being determined . For the purpose of computing 1 amounts ue for Project II , th. e ~rater consumed ins. Lansing Tow, shall be deemed to be only the water consumed in La. sing ' s' uYOJCOS & BARNECY McKi?rney ' s Water District . The payments to the Comm �S\ sion for ATTORNEYS AT LAVV SAVIN % S BANK BUILDING i project II shall be made simultaneously with the payme is for 1TNACA, NEW YORK 14850 - P of ect I . r' THIS PAGE BECAME PAGE 28 . 2 / 17 / 77 NO WORDING CHANGE 3 / 11/ 77 6 / 9/ 77 l - 29 - 125 / 78 6/ 5 / 79 III * . WATER RENT SURMARGES AND . BENEFIT -UNIT CI-IARGES i� Nothing contained in this Schedule or elsewhere in j this agreement shall prohibit each of the municipalities that �{ is a party hereto from adding a. surcharge to the water rate ! schedule or assessing benefit unit . charges to customers within 1, i their own munic -ipfinancing y for the purpose of financing debt i servce I or operation and maintenance charges of water supply facilitiea oz.7ned and operated individually by the municipality , or for the purpose of raising part or all of the funds to pay a i municipality ' s share of the expenses related to Project I or . i + Pro ect YI . i 1 IVO TRANS ?TION TO PROJECTS . i To facilitate transition from other water sours°es to the water supply facilities of Project I , ( the " System . , 'Who i ch transition begat 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 c .:� lculated in accordance with the water ra-ce 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 I System and only for the period during such quarter that water j *s-7as so received . Any excess amounts paid by any party hereto !� above the amount so required shall be credited by the Conunissior, . i at such time as may be determined by the Commission against ! obligations due. from such municipality up to August 15 , 19 '77 . Commencing with the fourth billing quarter of 1976 all . parties . hereto agree to pay to the Commission amounts due calculated ir). j accordance with the water rate schedule annexed hereto applied Ul`OUCOS & BARNEY against all of the ultimate consumers within each part y ' s ATTORNZY5 AT LAW SAVINGS BANK HUILD ! NG - - - ITHAG, NEW YORK 14850 - boundaries , who as of January 1 , 1977 were receiving water - - , THIS PAGE BECOMES PAGE 29 - . NO [CORDING CHANGE 2 / 17 / 77 6/ 5 / 79 . - 30 - 3/ 11/ 77 f 1 35/78 _ ( from the Syste-n , whether or not they in fact received water from the System . during . the fourth quarter of 1976 _ There shall be � I i subtracted from the amount du ` from each municipality or party I any amounts payable by said municipality to other providers of I � water , such as the City of Ithaca . As all consumers had been ( ' transferred from the City of Ithaca water source. to the System I by the beginning of the first quarter of 1977, 1 commencing with that quarter and thereafter each party hereto has and/or will pay I to the Commission amounts calculated In accordance. with . the � 1a, te- 3- { I rate schedule attached. to this agreen4ant .applied against al ?, suc�; consumers without payment of any amounts to the City of IthacC. 1 j f i ' , , I " i f i - t - - j f i i i 1 E j i 1 JYOUCOS & 6ARN =Y ATTORNEYS AT I_A'*Y. - - - - SAVINGS BANK DUILDING ITNA:1. NEW YORK I4� 50 I - ` 217 / 77 6 / 5/ 79 -. . 4 NEW RATE SCHEDULE APPROVED 1 - 1 - IIO ' NOW BECOMES PAGE 30 3/ 11/ 77 - 31- 6/ 29 / 77 1 12/ 5/78. EXHIB IT I I� WATER RATE SCHEDULE Gallons Min . water Unit Cost + I ; Cu . ft . Allowed ) Allowed Charge per i4 et. er Min . Charge per) =Min. . Charge Per 11000 Size Quarter ) Per Quarter Quarter Gallons j - — i Small 1 , 200 8 , 977 $ 16. . 59 $ 1085 1I 3 , 200 231, 940 39 . 57 10: 65 5 ' , 500 41 , 146 65 : 99 i. . 60 2 " 11 , 200 83 , 787 127 . 91 3, 53 3 " 161, 000 119r696 3. 68 76 4 24 , 000 179 , 544 237 . 69 1 .. 32 � 1 6 42 100 314 , 950 390 . 87 124 i Pirst 1 , 200 cu . f t . per 100 cu . ft . at 1 . 383 - 16 X59 1 . 85 8 , 800 cu . ft . per 100 cu . ft . at 1 . 147 = 101 . 1-0 1 . 54 over 10 , 000 cu _ ft . per 100 cu . ft . at . 851 1 . 14 i multiple Housing ana 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 } if the unit was individual: :i.y metered . The water charge w : . 11 -Lhen ' be multiplied by the number of units on the . master meter_ and this will be the billing rendered . 1 _ - i 4 • '•r >UYOU�:OS & BAP.N EL: Y ATTORNEYS AT L:&w - - I SAVINGS BANK BUILDING - ITHACA, NEW YORK I4850 - - - - 2 / 20 7jr 6/ 5/ 79 SCHEDULE B .- - 2 / 17/77 - 3 / 11/ 77 DEEFINITION O :" UNITS 6/ 29 / 77 FOR PURPOSES OF 12 /5 /78 . . C0106NEC.TION. -. CHARGES . Single an ily house 1 unit . Two .far�.ily house - 2 units Multiple d iellings - .l unit for each dwelling , urd 2• .obile ho.tte par}. - l un � t for eac ?� Tonbil e, hc� ire sg too=ercial props T- Ly s.. un :i t for eaczi sore or sere w { i` ot o lher:•rise dc-,Lined ) place of business School — education , non rFS :% den- C_ yaii :i.. t; year e. ac.) t. :i_ f.; stud- e3 0 � •ti a. 1 �� t7.•�. 'c-.�� - Group living accoalzriod. atzonS - :t. U II: I-.t for. each_ beds or 3. oc -uurx { e - g - , doYTf t.O'.: ?. es O r other facili t :i ..Z C 1lfa_re groups oz c� esrerallt L1n.�. elated persons residel - • . i �otels .1 'ansAt for e ac.h. . .Leepincs . roo ,,i- � � '10uaFS aZ` d YOOr(! l -~ urx.ht :for EiiacAt. leepinq room oi- Foard ° � . � 1 houses for C! a. c:2: two c� cc. upants , . trriichc.�� 7: -E :tS .11Z more ur17 _ S Professional offices 1 un . . � . .nor eacxi. c� f :` : . ce Gas 5ta -IC 0:I . l 1. n1_ t for each se ba i i Xndus trial 1 imi. t for each - 1: 6 ; OOO cni.Ir) � c. or part they eof of watex es t' _.zn�� 1. c to be c_onstucied. ann:u. a.l. ly Restauiral is and food Sa_ v'i. Ce 1_ • u : t: ):�ltis 1" w it nor each estaolislLman- s 5 sOOO squaxc� feed o ), r1. 2' .1 . d 1c area: ��r1y t1Se O ?N C? LCt113arZC te�:7-lch 3. s rC3 I ,. c�)� ��. y c.; uF, C,* e,, T.) I ] �. 0 C ) �f` :t_ liC: 3. LI5" l .C) rs :L.} Tr?OxC t1 � ?1 t ;T2 � CaregC3r�° SY"laL � b CaE'E?i7EC� tC� � � :lTi. t}.i. ' C= c'--. 1 C� c5C5C�' " G .11.E t :i_'frC in the 3ar_ ges xiuru� er of uni is � `_r;roe: _ i � a`k_ cletc� rj_- ,.i_ xtati. oi � of IA- c_ FAY z,:! category shall rest with the Comwni ssiari .. - c' may b ��. �}_ e J_. 1� ed by- th U C�)�tlit • Any uS � S T1OL" S � c .. � ::. lCdlf_ y C� � �.. 1-. ri2d� ..i1c.- . r Y Water Sul:) : v ater < Dlstr �ruLSu � a � � LI; pOS ° : Syste System m. Bond Resolution Date : 4 - 9 - 74 & 12 - 3 - 74 4 - 9 - 74 Authorized Amount : $ 6 , 070 , 000 $ 1 , 9301000 P . P . U . 40 years 40 years Date of First Borrot� ing. : 1 - 2 .9 = 7 . 4 - 1-1 ---29 - 74 Miniiuum : $ 209 , 000 $ 6 161, 000 Mahimu-r : 313 , 500 99 , 000 Schedule Amount to Bond : $ 5 , 320 , 000 $ 1 , 680 , 000 $ 72000 , 000 $ $ 8 - 15 - 77 $ 209 , 66 , 000 275 , 000 - 000 275 , 000 8 - 15 - 78 209 , 000 66 , 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 , 000 815 - 85 266 , 000 84 , 000 350 , 000 8- 15 - 86 2661, 300 84 , 000 350 , 000 . 8 - 15 - 87 285 , 000 90 , 000 375 , 000 8 - 15 - 88 285 , 000 90 , 000 375 , 000 8 - 15 - 39 285 , 000 90 , 000 3. 75 , 0. 00 1 - 15 - 90. 304 , 000 96 , 000 400 , 000 g _ 15 _ g � 304 , 000 961000 400 , 000 8 - 15 - 92 304 , 000 96 , 000 400 , 000 8 - 15 - 93 304 , 000 96 , 000 400 , 000 8 - 15 304 , 000 9 .6 , 000 400 , 000 8 - 15 - 95 304 , 000 96 , 000 . 400 , 000 8 - i5 - 56 304 , 000 96 , 000 400 , 000 Bonds Dated _ 12 - 15 - 7 6' Bonds Due : 8 - 1577 / 96 Interest . 1st Coupon 8 - 15 - 77 and thereafter on . 2 - 15 and 6 - 15 t : ._ . ti u tt\ O O O O tf\ O O i N Lf\ Lr-\ L N O LP% a _:I- co CJ� 0 Q\ L� co r- H rte\ LJ lrJ , LO U7 L1 O W o O C tr\ tt1 0 { N O O 0 � R; co c r-4 Lr\ Lf\ ttl o tf \ u-N Ltl- O to O O O O O O O as cz �c� Lr\ N N N cV L, Lam- N Lam- tf\ N O O O C) O i O O t tt\ \�o CO CrN CXD C� v co 0 N �� \ � CO 0 K\ rr\ Kl a yr G\ % Lam- o .� Le Ot rr,� E-4 t-I co N O C1 L` L ` Lr\ tt\ K\ rr\ b co tt O 4 b [ v i �f t O C-'', tf\ Cam- C~ C� �o � °.� t1\ Lr\ Lf\ 1\ a { H O O D O O O O L S N H L� Lr\ N N N N Lt\ L� N C`-- Lf\ N Q O O O o Q 1 O 0% qc�U Cz � u\ tf\ -� -�- CO . 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U 0 N Sa O �j WW Eit:) W 0 I7 r Ul Ul a' M W r-I N a' U r--i N co m O CN H co arl H O0 r-I r-i a O N N N 0 �' t c)"d' d' 0 O Town Board Minutes - 11 - December 8 , 1980 consider the adoption of amendments to the Intermunicipal Water Agreement - consolidation of Projects I and II having been presented by the Town Clerk the Supervisor opened the public hearing . ( Copy attached to the minutes ) . Supervisor Desch stated that the original project was broken down into two projects . It is - feasible ,. at this time , to consolidate . the two projects . RESOLUTION N0 , 211 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the amendments to the Intermunicipal Water Agreement , consolidating Projects I and II . The Supervisor called for a roll call vote . Councilman Cramer Voting Aye . Councilman Del Rosso Voting Aye . Councilman Kugler Voting Aye . Councilman McPeak Voting Aye . Councilwoman Raffensperger Voting Aye . Supervisor Desch Voting Aye . The Resolution was duly adopted . EAST ITHACA CIRCULATION STUDY RESOLUTION N0 , 212 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the expenditure of $ 2 , 000 for the East Ithaca Circulation Study . ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . Nays - none ) . EAST ITHACA TRANSIT SERVICE RESOLUTION NO . 213 Motion by Council-woman Raffensperger ; seconded by Councilman Kugler , WHEREAS , the Town Board of the Town of Ithaca , over the past three years , has undertaken a systematic planning effort to provide bus service in the developed areas of the Town , and WHEREAS , the leadership role assumed by the Town has been instrumental in the successful service on the hospital run and in the Northeast , and WHEREAS , the close working relationship between City , Town , County , Cornell and the private sector that has developed from these efforts , has assisted in the development of a County wide plan which incluces service to East Ithaca , and WHEREAS , Cornell University has offered to extend bus service to the Snyder Hill Road area in conjunction with their planned relocation of certain administrative offices to East Hill Plaza , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the commitment of the $ 7 , 000 budgeted for 1981 bus service to the East Ithaca area for the service shown on the enclosed plan and schedule , contingent upon the authorization of $ 5 , 500 by Tompkins County and Cornell Universities Town Board Minutes - 12 - December 8 , 1980 / willingness to administer the project and to pay for all operational deficits for this service beyond the Town and County contribution . ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . Nays - none ) . REGISTER OF NON - CONFORMING SIGNS RESOLUTION N0 , 214 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , WHEREAS , the Town of Ithaca Sign Law , Local Law No . 6 - 1980 , provides that the lawful us.e of any sign existing at the date of adoption of said Law may be continued even though such sign does not conform to the provisions therein , and WHEREAS , said Sign Law also provides that at such time when a legal non - conforming sign is in need of alteration , replacement , or substantial repair , as determined by the Enforcement Official , such sign shall be made to come into conformance with said Law or to be removed , NOW THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca that within six months of the effective date of the Town of Ithaca Sign Law , Local Law No . 6 - 1980 , the Enforcement Official shall have compiled a registry of all lawful signs existing prior to the adoption of , or created by , said Law . Each such sign , if lacking a permit , shall be issued one and the fee waived . The Enforcement Official shall inspect each such sign annually and determine whether the sign is in conformance with Section 8 . 05 of the Town of Ithaca Sign Law , Local Law No . 6 - 1980 . ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . Nays - none ) . RESOLUTION N0 , 215 Motion by Councilman Del Rosso ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the minutes of the September 8 , September 22 , October 2 and October 14 meetings , as presented by the Town Clerk . ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION NO . 216 Notion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Bolton Point Warrants dated December 8 , 1980 ) in the Operating Account are hereby approved , in the amount of $ 32 , 401 . 48 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission they are in order for payment . ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS RESOLUTION N0 . 217 Town Board Minutes - 13 - December 8 , 1980 Motion by Councilman Del Rosso ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated December 8 , 1980 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $ 21 , 768 . 56 General Fund - Outside Village . . . . . . . . . . . . . . . . . 5 , 088045 Water and Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 , 492 . 66 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . goof 21 , 924 . 71 Parks Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 , 831 . 74 Lighting Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 . 01 Capital Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 . 89 ( Desch , McPeak , Del Rosso , Kugler , Raffensperger and Cramer voting Aye . Nays - none ) . RESOLUTION N0 , 218 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the scheduling of the Annual Audit Meeting of the Town of Ithaca for 10 : 30 A . M . , on December 31 , 19800 ( Desch , McPeak , Del Rosso, Kugler , Raffensperger and Cramer voting . Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . Town- Clerk