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HomeMy WebLinkAboutTB Minutes 1974-02-181 ! TOWN OP ITHACA SPECIAL BOARD MEETING February 18, 1974 At a special meeting of the Town Board of the Tovm of Ithaca, Tomp< kins County, New York, held at the Town Offices at 108 East Green Street, Ithaca, New York, on the 18th ddy of February, 1974, at 5:00 p.m., there weibe: PRESENT: Walter J. Schwan, Town Supervisor Andirew W. McElwee, Councilman Noel Desch, councilman Vidtor Del Rosso, Councilman Robdrt N. Powers, Councilman APPOINTMiSNTS TO SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION The Town Bocurd discussed the appointment of two of its members to Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point project). Supervisor Schwan recommended the appointment of Councilman Desch as one of the two members from the Ithaca Town Board because of his experience with the water treatment plant at ^ Cornell University and his knowledge of the operation of such a [ plant. Supervisor Schwan said he had been advised by the Department of Audit and Control that the Treasurer of the Commission must be the chief fiscal officer of one of the four municipalities involved in the project* That would narrow the selection of a Treasurer to Chiles McCord (Dryden), Wesley McDermott (Lansing), Gordon Wheeler (Village of Cayuga Heights), and Walter J. Schwan (Town of Ithaca). Supervisor Schwan felt that the Treasurer ought to be from the Town of Ithaca since its share of the cost of the operation is the great est (72%). He said the Commission can audit the bills but they can^ not be delegated the authority to pay them. The bills must be finally approved for payment by the municipal board whose chief fiscal officer is the Treasurer. The members of the Commission will be unsalaried. Five members are a quorum (out of eight)• When a vacancy exists a new member of the Commission is appointed by and from the board of the municipality making the original appointment. After discussion, the sense of the Board was that the Supervisor ought to be the second m^nber of the Town Board of the Town of Ithaca appointed to the Commission. Motion by Councilman Desch; seconded by Councilman Powers, RESOLVED, that the Town Supervisor of the Town of Ithaca, Walter J. Schwan, be appointed as a representative of the Town of Ithaca to the Southern Cayuga Lake Inter-Municipal Water Commission. This resolution was duly adopted by an affirmative vote of Council- [ man Desch, Councilman Powers, and Councilman McElwee. Councilman Del Rosso, was not present when this vote was taken. Motion by Councilman Powers; seconded by Supervisor Schwan, RESOLVED, that Councilman Desch be appointed as a representative of the Town of Ithaca to the Southern Cayuga Lake Intermunicipal Water Commission. This resolution was duly adopted by an affirmative vote of Council man Powers, Supervisor Schwan, and Councilman McElwee. Councilman Del Rosso was not present when this vote was taken. - 2 - ZIFCHOCK OPTION - BOLTQN POINT LAND February 18r 1974 Supervisor Schwan reported i the optibn jtd purchase Bolton Point land from James S. ZifchOck^^pires on th^^filfst of March, and re- guested authorizatibn to expbhd the sum of |3|l/50b to purchase the land from Mr. Z ifchock from iheil^own-Widb Gbheral Fund (on a tempo rary basis). Title will be t^kfeh in th^ naiiib of the Town of Ithaca and when the Southern Cayuga Lake Interm\ihibipal Water Commission has authoritjr to borrow money, the Town oi ^'^haca will be reimbursed. The deed will' then be transfbrrec( lin the h^e of all four municipali ties. The land in question is iiee4ed foriithe treatment plant. Motion by Councilman Powers, Seconded byi Cbuhcilman McElwee, RESOLVED, that the Town SupeirVi^Gif^'authbrized to exercise the option to purchase lands of ilfamec S; Jzifbhb^ the Town of Losing, Tompkins County, New York, ih adcb^enceliwitti the terms of thb option agreement dated September 4, 1973 ,i i j^nd tp expend for said purchasefrom Town-Wide General Funds jthe pbm of .§^1,500.00. The foregoing resPlutiPn was ptit tb a iroii Isail vote with the follow ing result: , . ' 1 , 1 nn ; Supervisor Sdhw^h ..i.. Voting ..*. Aye pPundiiman MCElVbb •. • • Voting ...« Aye Coi^cilman Dei^pii Vbtihg .... Aye CotihPilmen Del kossP .. i/oting .... Aye Cbuhdiimai^ Pbwers Voting .... Aye The resolution was thereupon duly adopted. ADJOURNMENT The meeting was adjourned until February 19, 1974 at 5:00 p.m. Edward L. Bergen Town Clerk DISTRICTBOND ANTICIPATIONREN.DATE PRINCIPAP^NTERESAYMENTS 1974TOTAL PMT.AMOUNT OF NOTEWATER DISTRICTSEdSt lUldLd Walter''3/3/74UIpP.oo2,000.00/'^ 1 ,350.003,350.00■Gnydcr Hill Road Water3/3/74'J.S/O.Od /^-Sfo.co36 ,000.00 OO0,000.g;coo.oq—12,000.00!nd South Mill Water NtJl0,002.00 9,300.70—14,427.70170,000.00 I'l 0^000^ Od-end South Mill Water Nt.#23/3/74!/ ^ 3,930.007^204.30 11 ,222.30249,752.00j 6.^1 a 00lOgftd South mil Wotcr* Ext.l3/3/74g,250.00x/'^ 1 ,037.50 4,087.50j^194,240.00 J■end South IMll Water Ext.23/3/74TOTAL B.A.N. WAVER PAYMENTS1 .000.00337.50i,~3^4. fftr1S337.5049,000.00 0C>^jt)D0,0 6SEWER DISTRICTS■^llis Hollow Road Sewer20,250.00 26,775.00 47,025.00 ( 714,000.00 yn^aOO a^I,s6aoo ^%f6i.2s ^jioV,a^ ^ fil/■ yjif.-io -S%)Z^0 _ ^ .75j:i^3/3/74 g.BOO.00^^ 2,012.00 5,312.00WorthcQSt Sower'3/3/74-re/ ILflSS.atr iS<9^3,oo,000.001'^ 15,407.50 33,487.50—,000.00■Slaterville Road Sewer■*6outh lim Sewer Nt.l3/3/7412,000.OOV'^ 14,207.50 20,287.503/3/74 "^^^7!^ 0.South Hill Sewer Nt.g3/3/74^^)'^^'^'iVOg.ee-//,aij n(pC,>i310,163.14 17,701.14^'j00,00413,000.00 3'? 5,0 -:?a ck:?381 ,000.00 , 00'South Hill Sqwgp Nt.33/3/74^0^ 4,000.00ee-30j3?7J110,293.90 31 ,995.90South Hill Sewer EaI. 13/3/74C,2G7.9Q^—10,947.90SjjS.axr i,V&.oo3,000.00^''''^ 3,525.00 6,525.004271 ,017.00 )f? - 3C,czrv487,839.00 ■>South ih'll Sewer Ext. 2TOTAL B.A.N. SEWER PMTS.-—3/3/74TOTAL BAN NOTES WATER & SEWER P^i^.-130. Of 2,4^0.004,000.00t^^ 4^,275.00 8,275.00 '167.144.00 JHh4. C>094,000.00 ^1^00 0, OO65,500.00 75,112.50_ 140.612.54s4)85,75Or^(l0LW^50~5l875^..-WTeoo^acL i]^3mMJ5=j-ajrjoc'oo'%, 43d. 00 ' Ilg7f^63j/'7S,^o8l8l5r!5!?^2«3.^&3iA^o.ooh£rO-a . CTDt<( Jt\ OMPKINS pARTNERSHir FOR HEALTH OUNTY OMPREHENSIVE HEALTH PLANIMING COUNCIL HERMAN M. BIGGS MEMORIAL BLOg!, 1287 TRUMANSBURG RD., ITHACA, N. Y. 14850 MEMO TO: Public Safety and Correction CoDimittee Board of R^resentatives FROM: Mrs. Elizabeth McLellan, Chairman, TCCHPC Mr. John Miller, Chainnan, Emergency Medical Services Committee of TCCHPC & Tompkins County Fire sind Disaster Coordinator The accon^anying report and recommendations would congilete the first phase of the program to develop an emergency medical services system in Tonq?kins County. The Exec utive Committee of the TCCHPC has endorsed the recommendation of its Emergency Medical Services Committee to purchase radio equipment for the ambulances in the county and submits the following proposal for your consideration. In an effort to upgrade the level of pre-hospital care given in the state, the New York State Bureau of Bnergency Health Services has established a Master HLan for creation of a hospital-to-hospital and ho^ital-to-ambulance communications systeii utilizing high-band radio frequencies. As part of this plan Tcm^ikins County Hospital has recently purchased a multi-frequency radio transmitter-receiver with funds provided by the Regional Medical Program and by the Tompkins County Hospital Auxiliary. The system is expected to be operational by mid-July. No county tax funds have been ex pended on the hospital's portion of the emergency medical services system. This hospital radio transmitter-receiver will be of little use until the ambulances in Ton^kins County are equiped with high-band radios. In order to con^lete the hospital- to-ambulance communications network we propose that the County Board of Representatives finance the purchase of 12 multi-frequency mobile radios at an estimated cost of $30,000. The Council believes that it would be appropriate to expend revenue-sharing funds for this purchase inasmuch as this is a one-time expenditure for capital equipment and falls, furthermore, into a category of high priority uses for which these funds were allocated. We propose that the Tom^ikins County Fire and Disaster Coordinator's Office license, own, distribute suid control the use of all ambulance radio equipment. All emergency medical service, vehicles would be provided with radio equipment under a contract with the Fire and Disaster Coordinator's Office with the following stipulations: 1. Maintenance of radio equipment would be the responsibility of the participating ambulance service. 2, In the event new ambul^ces are purchased, the ambulance service must absorb the CO it of transfer oif radio equipment . There are 10 ambulances in service presently in Tompkins County, but we are request ing two additional units to provide a reserve in the event major repairs necessitated the removal of a radio. This would also provide at least one radio should a new sumbulance service be established. (The formation of at least one and possibly two services has been discussed in recent months.) Affiliated with ALPHA • Areawide and Local Planning For Health Action. Inc. % ^ 1-^ All equipment purchased nould be conqpatible with that being used in adjacent counties as outlined by the New York State Bureau of Energency Health Services. The system would contain; 1. Four frequencies a. A frequency reserved by the FCC everywhere in the U.S. for use in medical emergencies for hospital-to-hospital and hospital-to-ambulance commilhication This is designed to allow any mobile unit to contact a hospital should it be required to leave its service hospital. b. The Tompkins County Hospital-to-ambulance frequency. c. The frequency used for the Tompkins County Sheriff's radio communications system. d. Local government frequency which is used to connect the various local governmental communications systems, e.g. the Fire and Disaster Coordinator syston with the hospital. 2. Selective call capabilities provided by a touch tone encoder/decoder system. 3. Multiple frequency receivers. r pIVIPKIIMS partnERM m HEALTH OUNTY OMPREHEIMSiVE HEALTH PLAIMIMINC3 COUB^ICIL HERMAN M. BIGGS MEMORIAL BLDG.. 1287 TRUMANSBURG RO., ITHACA, N. Y. 14850 EMERGENCY MEDICAL SERVICES PROGRAM 1) Adoption of a Fire and Ambulance Ehiergency Niwnher We will encourage the use by the public of one telephone number ^ich will provide quick and coordinated response by all involved agencies when medical emergencies occur. A first step in this direction is the adoption of 273-8000 as the fire and ambulance emergency number in most sections of the county. This is the number of the Eire and Disaster Radio Communications System. The Elnergency Mescal Services Committee and the Ton^kins County Comprehensive Health Planning Council urges the Board of R^resentatives to pay for the monthly rental of the telephone line, from Groton to West Green Street as an on-going espense of the Hre and Disaster Coordinator's Office. We feel that the citizens of Groton are entitled to the same emergency services that is provided all taxpayers of Tompkins County. That cost is $92 monthly and provides to2kl-free, immediate connection with fire and ambulance emergency services when 898-3800,Is-^led^. Use of an enteiprisenumber has been investigated but would not meet wit^'^e j^re insurance underwriters. 2) Devel^ent of a Radio Communications System for Emergency Medical Services in Tompkins County (See acconpanying memo) 3) Development of a Eire and Ambulance Ehiergency Location Syst*^ When emergencies are telephoned in to the Eire and Disaster Coordinator Radio Center, the geographical location of that emergency must be pinpointed in the shortest possible time.^ Whatever location system is eventually adopted should be used by all ^ergency services in the county. Representatives of the public safety units on our Emergency Medical Services Committee tell us that they are giving consideration to various plans for developing such a locations system. For use until a permanent location system has been adopted the Fire and Disaster Office has devised a location system and is gradually putting it into operation. Its virtues are that it iB'based on the tax maps already in use by the Tonpkins County Assessment Office and that it is being put into operation without cost to the county. Each resident will be given a telephone sticker containing the fire and ambulance emergency number and the parcel number of the property on which he resides, as taken from the tax maps. When given such a number the Fire and Disaster Coordinator's dis patcher is able to send out an emergency vehicle quickly and accurately. Thanks to the generosity of local banks the telephone stickers have been provided free-of-charge. Volunteer fire companies are doing the clerical work involved and are distributing the stickers. Affiliated with ALPHA - Areawide and Local Planning for Health Action, Inc. Emergency Medical Services Program Emergency Medical Training All personnel involved in delivery of emergency medical services; dispatchers, ambulance personnel (both volunteer fire and professional) and some public safety personnel should receive Bnergency Medical Training, The course offered by Tompkins- CortlMd Community College is being taken by over 6o persons and the Council hopes that it will be offered on a regular basis. The only other Emergency Medica3 Train ing basic courses in this region are offered in Auburn and in Syracuse which requires absence from work and is costly, 5) Preparation of a Disaster Plan The above steps are vital in the preparation of a Master Flan for use in case of a disaster. When completed the Bnergency Medical Services Committee will assist John Miller, Fire and Disaster Coordinator, in'the development of such a plan. n ! n ' I V 6/13/73 AGREEvIENT OP MUiMICIPAL COOPERATION FO^^20/74 CONSTRUCTION, FINANCING AND OPERATION OF AN INTER-MUNICIPAL WATER SUPPLY AI>ID TRANSMISSION SYSTEI^ THIS AGREET^ENT of municipal cooperation made as of this j day of , 1973, between the TOVJN BOARD OP THE .^ TOWN OP DRYDEN, Tompkins County, New York, on its own behalf and on i . I .behalf of DRYDEN VJATER DISTRICT 1 (hereinafter referred to as "Dryden") the TOWN BOARD OP THE T014N OF ITHACA, Tompkins County^ New York (hereinafter referred to as "Ithaca"), the TOV^N BOARD OF THE T0V7N OP LANSING, Tompkins County, New York, on its own behalf and on behalf of LANSING WATER DISTRICT i, and McKINNEY'S WATER DISTRICT (herein- X; ' I 'after referred to as "Lansing") and the VILLAGE OF CAYUGA HEIGHTS, * H • 'Tompkins County, New York (herieiiiafter referred to as "Cayuga Heights"), ' ' I 'all of the parties hereto somet^es collectively or individually, re- •. i n 'ferred to hereinafter as "municipalities" or "municipality", WITNESSETHs • t ' . ; - . n WHEREAS, the above named municipalities have undertaken to study, the desirability and feasibility of providing water services to - the inhabitants of all or a part of each of the above named municipali ties; and VJHEREAS, Lozier Engineers, Inc. have prepared two engineers* reports, one entitled "Engineers* Report on Proposed VJater Supply Facilities, Including Water Treatment Plant, Transmission Main and Pumping Station", dated June, 1972 and supplemented by an addendum dated September, 1972 (the project referred to in said report and addendvim being hereinafter referred to as "Project I" and the report and addendum together being referred to as "Report on Project I") and a second report entitled "Engineers' Report on Proposed Water Trans-" mission Facilities, Including V7ater Transmission Mains, Booster Station r^jand Storage Tank" dated June, 1972, as supplemented by an addendum j dated March, 1973, reducing the scope of the initial project (the project referred to in said second report as supplemented being, herein after referred to as "Project II" and the report cxnd addendum on said project being hereinafter collectively referred to as "Report on Pro ject II"; and I- I n n 6/13/73 - 2 - 8/29/73 1/7/74 2/20/74 WHEREAS, the above named municipalities, pursuant to the authority contained in Article 5G of the General Municipal Law of the State of New York and in Title 1-A of the Local Finance Law and pur suant to the authority granted generally to municipalities and water districts wish to provide for the construction, operation, maintenance and financing jointly of the v/ater supply and transmission systems set forth in the foregoing reports; and WHEREAS^ the parties hereto believe that the benefits to be conferred by the construction and operation of the aforesaid projects will permit assurance of adequate v;ater supply for the parties hereto for their existing needs, will permit grovrth of areas of several of the parties hereto and provide water for such growth, will permit improvement of water service 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 party hereto? N0X*7, THEREFORE, in consideration of the premises and provis ions hereinafter set forth the parties hereto mutually agree as follcwss i* Creation of Commission, There is hereby created an executive body to be kno-v/i as the "Inter-Municipal X^ater Supply and Transmission Commission" (hereinafter referred to as the "Commission")» tj^.rd Commission shall consist or eight ms^rabers, two members being appointed by each of the parties Of the members so appointed, at least one mambar from each of the parties shall be from the govern ing body of the appointing party. The members of the Commission sbnlX t serve at the pleasure of the appointing party. The Commission shall elect its ovm chairman, vice-chairman, secretary and treasurer pro vided, hov7ever, that the treasurer must be a fiscal officer of one of the municipalities that is a party to this agreement. A quorum shall consist of any five memlDers of the Commission and five affirmative votes of the members present shall be necessary for any affirmative action of the Commission. The Commission, insofar as is permitted by lav;, shall have the following powers and duties? I I 6/13/73 - 3 ~ 2/20/74 (a) The overall responsibility for and supervision of the construction, operation, maintenance and repay ment of indebtedness incurred for Projects I and II. Without limiting the foregoing, the Commission shall (i) Arrange for engineering services, acquisition of necessary lands and rights of way, preparation of bid specifications, letting of bids, arranging and supervising construction, hiring of appropriate personnel to service and operate the projects^ assessing to eabh party to this agreement the portion of costs allobable to each party for the n i j 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 pfOvide for the acquisition of supplies, materials and latJbr necessary to construct, operate and maintain Projects I and II. (ii) Apply to the appropriate governmental authorities, including the United States Government and the government of the State of New York, for such financial and other aid (including loans or grants) that may be available for Projvicts I and II. (iii) Establish such .md regulations as it deems advisable re.U\Lin.vj the operation of Projects I and II, incluii;>o.- vjiv.hout limitation, rules and regulations relating to required plumbing > - inspections prior to connection to the system, and n rules for handling emergency breaks in lines served ] 1 ' ^ by Projects X and II. (iv) Provide for the enforcement of its rules and regulations. (v) In the event of breaks in lines (vrhether in lines included in Projects I and II or lines served by the projects) be empov/ered to shut off water to all or any part of a municipality 'mm Ji n 1/7/74 - 4 - 2/20/74 pending completion of appropriate repairs by the Commission or by the municipality involved to the satisfaction of the Commission. . (b) In lieu of hiring its own personnel to contract with any of the parties hereto or any other municipality or govern mental agency or political subdivision for provision of personnel services, use of 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 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. (d) To call, arrange and conduct hearings in regard to the furnishing of water service and make determination of any issues thereat; to provide for the making of necessary inspections and the keeping of all records concerning the maintenance of said system. The Commission shall make all necessary-and required reports, including those required by Article 3 of the General Municipal Law. The governing bodies of the respective municipalities may at any time delegate such other duties and responsibilities to the Commission as permitted bylaw and as mutually agreed. If required by law to effectuate the purposes of this Agree ment, the parties hereto agree to designate one of the governing bodies of the parties to implement this Agreement by executing documents;, paying personnel, formally letting bids, and any actions f n that by law must be conducted by a governing body of a muni cipality and by law may not be conducted by or delegated to^ the Commission. If the parties are unable to unanimously agree on which governing body shall be so designated, it shall be the Town Board of the Town of Ithaca. 2. Financing of Initial Construction. The initial construction costs of Projects I and II shall be financed by the issuance of joint indebtedness for each Project for which the joint faith and credit of the parties hereto will be pledged for the payment thereof as herein- 'f I f\ \ n ' 1/7/74 Z/ZO/74 — j 5 — after set forth. The indebtedness for the Projects shall be in the form of bonds, bond anticipation notes, or capital notes as the parties may agree and all subject to the requirements of the Local Finance Law and any other appropriate law. Failing agreement, such indebted- I ness shall be in the form of bonds to be repaid over 30 years in the [u amounts set forth in the appropriate Proposed Bond Schedule in the Re ports on Project I and Project II. The anticipated total cost of Pro ject I shall not exceed $4,150,000.00. The total cost of Project II shall not exceed $1,930,000.00. Principal and interest payments for both Projects shall be paid for jointly by all four of the parties hereto and the debt allocated to the parties hereto, all as set forth in Schedule A annexed. Each of the parties hereto agrees to take all steps necessary to authorize the issuance of such obligations and to provide for repayment of same, including, without limitation, authoriza tion of appropriate bond resolution by each of the governing boards of each of the parties hereto, execution of bonds by or on behalf of each of the parties hereto and all related matters. Further, each of the parties hereto agrees to pay its proportionate share of the principal and interest payments as set forth in the schedule annexed to this agree ment, said payments to be made to the Treasurer of the Commission at such times as the Commission shall determine to permit payments to be timely made on the principal and interest on the indebtedness incurred for Projects I and II. The funds so received by the Treasurer shall be paid to the bondholders or the paying agent for bondholders. 3. Financing of the Maintenance and Operation Costs of Projects I and II. Annually, on or before September 15 of each year, the Commission shall prepare a budget for the operation and maintenance costs of Pro jects I and II which shall be 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 preceding September 15. The Commission shall allocate the costs for the next year among the parties hereto based upon such water usage during said preceding twelve month period. The parties shall raise their share and then pay to the treasurer of the Commission their allocable share of such expenses in the manner set forth in Schedule A in four quarterly installments on February 1, 1/7/74 2/20/74 - 6 - May 1, August 1, and November 1, of the next year. The treasurer of the Commission shall pay the operating and maintenance costs out of the funds so received. 4. Surplus or Deficits. If the total revenues received by the Commission result in a surplus over and above a reasonable amount reserved for contingencies, the surplus shall be refunded at the end of the fiscal year to the municipalities in proportion to the amounts paid to the Commission by each municipality during the fiscal year or at the Commission's option, shall be applied against amounts due from each municipality in the ensuing fiscal year. If the amounts collected from each municipality result in a deficit, the Commission shall first use any surplus funds from any prior year to cover such deficit, and if there are no surplus funds, such deficit shall be paid by each of the parties hereto in proportion to such water consumed within each municipality during the preceding fiscal year as set 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 foregoing, the parties hereto 1 i I agree to take such steps as may be appropriate or legally necessary to assess the real estate of each of the municipalities or to establish water rent surcharges or water rate surcharges sufficient to raise the funds necessary to pay each party's allocable share of the operating and maintenance expenses. Even if the party contests the allocation of a deficit to it, each party agrees to pay the amount so allocated at the time determined. The party so paying may reserve his rights to challenge such allocation by stating at the time of payment, in writing to the treasurer of the Commission, that such payment is made under protest and the basis for the protest. Thereafter, 'notv^ithstanding such payment, the party may take any legal steps to implement review of such party's allocation. 5. Determination of Water Consumed. For the purpose of this agreement, whenever reference is made to water consumed within a municipality, the water referred to shall be only the water supplied from the water supply facilities referred to in Project I. Water n 6/13/73' 8/29/73 - 7 ^ W/^4 consumed within a municipality but derived from other sources shall be excluded in all computations required hereunder. It is anticipated that meter installations shall be made for the purposes of monitoring water received from the system by consumers. The consumption of water within each of the municipalities to be ascertained to determine the amount payable by each comm^lnity shall be based upon the readings of such meters. If meters are inoperable or not available, such determi nation shall be based on estimates of consumption obtained pursuant to standards established by the Commission. Each party hereto agrees to deliver such of its records pertaining to its own water systems (in cluding readings) as the Commission may request to enable the Commis sion to make the foregoing determinations. At the Commission's option, master meters may be installed at points of connection of the trans mission lines of each Project to the distribution lines oimed by each municipality for the purpose of deteming water consumed v/ithin each municipality. If the Commission elects, the readings of such meters may be substituted for the readings on consumers' meters. Assignment of Personnel. If the Commission shall contract with any of the municipalities for personnel services, any personnel of any municipality assigned to perform such services shall continue to be employees of the municipality from which they are assigned. All personnel so assigned and engaged in the operation or maintenance of Project I or Project II shall possess the same powers, duties, immunities and privileges they would ordinarily possess if they per formed their'duties for and in the municipality by v/hich they are employed. To the extent required by law, the applicable Civil Service rules and regula'tion shall be observed. 7• Title to Real Estate. Title to the real estate and ease ments used in Projects I and II shall be taken in the names of Dryden, Ithaca, Lansing and Cayuga Heights, jointly, each holding an undivided interest commensurate with the interest of each municipality in the respective Projects. All real estate and easements obtained in con nection V7ith either Project X or Project II shall be held and used for the joint water supply plant and related facilities, transmission lines and pumping stations, and shall be used only for the purposes jpfiir J I ; 1/7/74 2/20/74 -i8 - of Project'I and Project II unless all of the parties holding title agree otherwise. This limitation of use shall be binding upon the parties hereto and any of their successors in interest. 8. Pre-Agreement Costs. Prior to the execution of this agreement, Lansing 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 and engineering services of Thomas G, Miller related thereto. Other municipalities have incurred expenses to Lozier Engineers, Inc. and legal expenses in connection with the study of the feasibility of the project and applications for approval of the project from appro priate governmental authorities and land acquisition expenses. After execution of this agreement, the parties individually may incur additional expenses relative to Projects I and II with the consent or approval of the other parties to this agreement. All of said costs shall be deemed to be costs of the project and shall be reimbursed to the respective parties hereto paying same upon presentation of appropriate voucher therefor, and where necessary, appropriate documents of title transferring title of real estate, surveys and appraisals, to the parties jointly in the manner set forth above. Such reimbursement shall be out of the proceeds of the joint indebtedness incurred hereunder The road known as Bolton Road in the Town of Lansing leading from Route 34 to the water intake point on 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. Upon completion of the road, in accordance with the terms and conditions of the agreement between the Town of Lansing and Lucie G. Bolton, dated June 28, 1967, the said road shall be transferred and maintained by the Town of Lansing. 9. Responsibility for Damage Claims, in the event any liability is asserted against any of the parties hereto arising out of the construction, operation or maintenance of Project I, the parties shall be severally liable for the defense and payment of such claims, the proportions being in the same proportion as the debt is allocable to each party. Similarly, any liability arising out of the construction, operation or maintenance of Project II shall be the several liability of the parties, to be borne by each municipality in the same proportion as the debt for Project II is allocable between the parties. The Commission, or any one of the municipalities, may place or take out appropriate insurance against any such possible ' 6/13/73 . 8/29/73 _ 'g _ 1/7/74^ 2/20/74 liability for protection and benefit of the Project and each individual municipality, and the premiums for any such insurance coverage shall be an obligation chargeable against the Project, the cost thereof to be apportioned during the construction period in accordance with the debt allocations, and thereafter to be included in the costs of the - operation and maintenance of the project and included in the budget assessed against each municipality each year.in the manner set forth above. Duration of Agreement, This agreement shall continue in force until such time as the bonds issued by the municipalities for the construction of said Projects have been fully paid, satisfied and discharged, and shall continue thereafter until further agreement of all the parties hereto. This agreement may be modified at any time by unanimous agreement of all parties hereto. Acoounting and Bonding. Such fiscal officers and such other employees as the Commission may determine and in any event any ^ Commission members or employees who handle funds shall before receiving any monies on account of Project I or Project II give ,a corporate surety bond for the faithful performance of their duties and a full accounting for all monies of either project handled by them, in such aiTiounts as the Commission shall prescribe and which bonds shall be approved by the Commission as to form and sufficiency of surety. An endorsement on an existing surety bond meeting the requirements set forth above shall be sufficient.- 12. Settlement of Disputes. Any disputes between the parties hereto arising out of the application or interpretation of this agree ment shall be submitted for declaratory judgment to the Supreme Court * • of the State of New York in Tompkins County, New York. 13. Further Documents. It is the purpose and intent of the parties hereto to make available an adequate supply of potable v;ater to the aforesaid municipalities. To this end the parties hereto agree to cooperate fully in acting jointly by and through this agreement of municipal cooperation pursuant to Article 5G of the General Municipal Law. To provide the necessary authority for the financing, construc tion and supervision to accomplish such purposes, the parties hereto n 6/X3/73 8/29/73 - 10 - 1/7/74 2/20/74 pledge themselves and agree amongst themselves to amend or supplement this agreement in the future in any way desirable to provide addition al authority v/hich may be deemed necessary to adequately and properly create^ construct, maintain and operate the said projects. J^^Qgality of ^art. In the event that there shall be a final adjudication that any provision or provisions of this agreement is, are or shall be invalid, illegal or contrary to public policy, such adjudication shall not affect any of the other provisions of this agreement, and such other provisions shall continue in full force and effect. • ^^^dihional 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 evi dence in a formal manner interest in becoming a party to this agree ment, the parties hereto agree to consider such interest and to in clude the City of Ithaca as a party to this agreement- upon the agree ment of the City of Ithaca to share its proper cost of construction, land acquisition, rights of way, engineering and legal expenses, debt service, and operation and maintenance and other costs .of the projects to be constructed in accordance herewith. Such addition of the City of Ithaca to this agreement may be evidencedby the execution of a supplemental agreement modifying such provisions of this agreement as may be necessary to reflect the participation of said City. Nothing herein is intended to exclude any other municipality from bGcominor a participant in the water supply system, > • Future V7ater Districts in Dryden and Lansing. The parties agree that should nev7 water districts be formed v/ithin the municipal boundaries of Dryden and Lansing, and should such nev; district elect, v/ater may be supplied to such districts from or through Projects I and II provided, hov;ever, that said districts by supplement to this agreement agree to pay their proportionate share of the costs of operation and maintenance and principal and interest in the manner set forth in this agreement. The amount of such payments shall be agreevd to by all parties to this agreement prior to the e;:ecution of svich supplemental agreement. 2/20/74 -llOa - 16a, Connection Charges. It is anticipated that extensions to outside of existing water districts existing water mains/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 Projects I and II. The parties hereto ^ agree to pay to the Commission for each property owner served by such 1 I ' - extended water main or enlarged water district or new water district, in addition to all other charges, taxes and assessments, a connection charge to be payable to the Commission at the time of connection of each property owner and to be computed as follows: (a) If such connection occurs within one year of the date of completion of both projects, the completion date to be determined by the Commission, there shall be no charge. (b) If such connection occurs one year but less than two years after completion, the charge shall be $25.00. (c) If such connection occurs two years but less than ten years after completion, the charge shall be $25.00 plus an additional amount ^ equal to $25.00 multiplied by the number of full years that have passed n .^ I in excess of two since the date of completion (i.e., if the connection occurs 4-1/2 years after the date of completion, the charge shall be $100.0 (d) If such connection occurs ten or more years after completion i the charge shall be $250.00. The connection charges collected hereunder shall be applied to re duce the funds required for principal and interest on the joint indebted ness incurred hereunder. Thirty-two percent of the connection charges excluding connection charges derived from extensions, enlargements, or new districts in the Town of Lansing that do not utilize water mains or lines lying within any other municipality, shall be applied to the indebt edness for Project II. The balance of the connection charges (including those charges for connections in the Town of Lansing) shall be applied Pf to the indebtedness for Project I. A connection charge shall be made for each unit as determined by Schedule B annexed hereto. The parties hereto by mutual agreement, may increase, reduce or eliminate the connection charge, or alter the definitions of unit set forth in Schedule B. The parties may assess the connection charge directly against the n I i 1 1/7/74 ' 2/20/74 -7 11 - property owner or pay the charges out of general revenues or obtain the funds in any manner permitted by law. Nothing contained herein shall limit the authority of each muni cipality to impose additional connection charges on consumers within their jurisdiction for any lawful purpose. 17. Authorization. The parties hereto represent and warrant (a) that this agreement has been presented to the governing bodies of each of the parties hereto; (b) that each such governing body has approved this agreement by a majority vote of the entire voting strength of its governing body and (c) that if required, all steps by way of referendum or otherwise not taken at the time of execution of this agreement shall be taken within ninety days of the execution of this agreement. Within such ninety day period, each party hereto shall certify that all legal steps and approvals necessary to make this agreement a binding agree ment upon such party have been taken and that this agreement is the valid, binding obligation of such party. Such certification shall be made in triplicate and a copy delivered to the Town of Village Clerk or Supervisor of the other parties hereto. If such certificates are not made by all of the parties hereto within such period, unless the parties otherwise agree, this agreement shall become null and void. Once all such certificates are received, each party shall be able to proceed in accordance with the terms of this agreement and in full reliance upon its validity. 18. Validation and Reliance. Each of the municipalities agrees to initiate, undertake and complete all proceedings which are necessary to construct and establish this intermunicipal water system and to effectuate, otherwise, this project and the provisions of this agree ment in accordance with all the applicable requirements of law. It is understood by the parties hereto that each municipality has and will i^~ cur costs, expenses and liabilities in connection with all acts and pro ceedings required to effectuate this agreement and that each municipality is proceeding to initiate and establish the subject project in reliance upon the agreement of the other municipalities do the same. IN WITNESS-WHEREOF, the parties hereto have executed this agree ment as of the day and year set forth .above. i/7/74 2/20/7.4 - 12 - n TOWN BOARD OF THE TOWN OF DRYDEN ON BEHALF OF THE TOWN OF DRYDEN AND ON BEHALF OF DRYDEN WATER TOWN BOARD OF THE TOWN OF ITHACA TOWN BOARD OF THE TOWN OF LANSING ON BEHALF OF THE TOWN OF LANDING AND ON BEHALF OF LANSING WAT] DISTRICT 1 AND McKINNEY'S WAT] -7 VILLAGE OF C By. - 13 - 6/13/73 8/29/73 1/7/74 2/20/74 STATE OF NEW YORK TOMPKINS COUNTY ss On the U-t day of , 1974/ before me personally came CHARLES G. McCORD, to me known, who being by me duly sworn, did de pose and say, that he resides at 5 ICnoll Tree Road, Ithaca, Nev; York, that he is the Supervisor of the T0I7N OF DRYDEN, the municipality described in and which executed the within instrument; that he knows the seal of said municipality; that the seal affixed to said instru ment is such municipal seal; that it was so affixed by order of the Town Board of the TOWN OP DRYDEN, and that he signed his name thereto by like order. STATE OF NEW YORK TOIOPKINS COUI^TY ss Baa.m came ■7orn (^the day of Y)lcthAJO, 1974/ before me personally ■ pA/h A / to me known, who being by me duly, did depoge and s^, i ^ ^ rthat he resides at ^(x-cJL that he is a member of the To\7n Boar(^ . __ the TOim OFDRYDEN, the ihunicipality described in and vzhich executed the withininstrument; that he knows the seal of said municipality; that the sealaffixed to said instrument is such municipal seal; that it was so affixed by order of the Town Board of the 'SOm OF DRYDEN, and that he signed his name thereto by like order. STATE OP NEW YORK TOMPKINS COUNTY ss Notary Public ^ AMUUft day of ^IcOicJxJ 1974, before me personallyoaiaQ hit. / to me known, who being by me duly sv7C^,n, depose arid say, that he resides at J7fo ^ ] •CI. t that he is a member of the Tofe Board"o'f theTO^'JN OF iIryden^ the municipality described in and v/hich executed tho within instrument; that he knows the seal of said municipality; that the seal affixed to said instrument is such munic5.pal seal; that it vjas so affixed by order of the Town Board of the TOli'JN OF Dryden, and that he signed his name thereto by like order. Notary Public ss fl tLtli AMOUR o'Tjsiy Public, Stste of NS3No. 65-5065350gaC. in Tompklna COHMfjtcm txplrfls March 80. la— ca On the day of 'y7)a.>ui./J , 1974 , before me personally me , to me known, v7ho being by me dul:rn, did depose and say, that he resides at /QQ a'-/vA~ Boaf/a ofy/ I uepu&tsV? 7 that he is a member of theiZ., >rvrwivV trhTOvJi^i/ OF DRYDEN; "the municipality described in and which executed the X7ithin instrument; that he knows the seal of said municipality; that the seal affixed to said instrument is such municipal seal; that itv/as so affixed by order of the Tov/n Board of the TOt'JTJ OP DRYDEN, and that he signed his ncune thereto by like order fMUUR Notary Public Wium Eublic, state of KM 2Ctt No. 56-5066350 ■gB&lrln Tompkina C{ Cntm ExpUfls Match Sflb •V - 14 - STATE OF NEW YORK TOI^IPKINS COUNTY 6/x3/V3 f/7%" 2/20/74 ss On the dcda Ccime did ,djepose y of i 1974, before me personally %:d. ' known, who being by me dulvi sv/orn, -77). --11 resides at^./ A' that he is a member of the Town^^Board of i±e TOtiM OFDRIDEN, the municipality described in and which executed the within instrument; that he knows the seal of said municipality; that the to said instrument is such municipal seal; that it was so affixed by order of the Town Board of the TOtTTJ OF DRYDEN, and that he signed his name thereto by like order. Notary Public STATE OF NEW YORK TOMPKINS COUNTY SS htLtn fl MOUK taim B'ubllc, State of New m.' No. 55-5065350 Suit, ill Tompkins CODIItS tttwi DtplfBs Match ao, i^C On the^tf^^ day of , 1974, before me personally came VJALTER J, SCHV7AN, to me known, V7no being by me duly sxvorn, did depose and say, that he resides at 16 Muriel Street, Ithaca, New York, that he is the Supervisor of the TOVJjM OF ITHACA, the municipality described in and which executed the within instrument; that he knows the seal of said municipality; that the seal affixed to said instrument IS such municipal seal; that it was so affixed by order of the To;'7n Board of the TOWN OF ITHACA, and that he signed his name thereto by like order. Notary Public IliD<yAT-Li) L. HLian'lN ss Notaiy Pu!))ic, State of New York .-r- 554)254000Qualified in Tompkins County ierm Expires March 30, 197rSTATE OF NEW YORK TOMPKINS COtJNTY / On the day of ^ 1974, before me personally came 1/fC7~0f^ , to me kfiown, v^o being by me dnjy sworn, di(^ de^se and say, that he resides at / ^O/itC , and that he is a member of the Town Board of the TOWN OF ITHACA, the municipality described in and which executed the within instrument; that he knows the seal of said municipality; that the seal affixed to said instrument is such municipal seal; that it was so affixed by order of the Town Board of the TOWN OF ITHACA, and that he signed his name thereto by like order. STATE OF NEW YORK TOMPKINS COUNTY ss Notary Public J^^^arv PuIiHc. state of New York No. 554)254001) Qualified in Tomiikins County Term Expires March 30, 1974^ / On the day of (/^/^Cy , to me kho , 1974, before me personally came /V0^c J!^S.SC.H , to me khown, who beir^by me duly sworn, didydepgse and say, that he resides at /3$L ^0/lK $ and that he is a member of the Town Board of the TOWN/\/iuJ ^0A DF ITHACA,OF ITHACA,the municipality described in and which executed the within ins^ument; that He knows the seal of said municipality; that the seal a^ixed to said instrument is such municipal seal; that it was so affixed b^ order of the Town Board of the TOWN OF ITHACA, and that he signed his name thereto by like order. ^ Notary Public EpwAP-n l. fJotai-y i'i-.h!ic , of iW iv Yi).! ^ No. 55-025-10::i)Qualificj^l in romjikiiis County 1 erm Expires March 30, Y)ir I \ 1 * n -14A- 6/13/73 8/29/73 1/7/74 2/20/74 STATE OF NEW YORK TOMPKINS COUNTY ss 1974, before me personally came did d yj On the day of ^ ^~ f to fne known, who being ^ me dioly sworn, ^ose and say, that he resides at /J(3 ^ACCJ A/^^iP/ZKL DP ITHACA, tiOF ITHACA, th and that he is a member of the Town Board of the TOWN e municipality described in and which executed the within instrument; that he knows the seal of said municipality; that the seal affixed to said instrument is such municipal seal; that it was so affixed by order of the Town Board of the TOWN OF ITHACA, and that he signed his name thereto by like order. IvDWAKl) L. iiKRC.iDN STATE OF NEW YORK TOMPKINS COUNTY SS Notary WmSc: MNiW York No. 3;1-{)25.1()00 Qoiiiifieil in Tompkins Coimtv 'renn ICxpircs Murch 30, 197^^ On the ^7^^^ay of ^ /^qjejts , tp/m ^ ^ ipo^e and say, that he resides at /^h //^6 to/me known 1974, before me personally who Js^ing by m^duly sx>7orn;came _ did de^- AJ&U/ t and that he is a member of the Town Bocird of the TOWN OF ITHACA, the municipality described in and which executed the within instrument; that he knows the seal of said municipality; that the seal affixed to said instrument is such municipal seal; that it was so affixed by order of the Town Board of the TOWN OF ITHACA, and that he signed his name thereto by like order. Notary Public EDWARD L. i>i:R(..Ji:N Notary Public, Stalo of New York Nv>. 5rj-02540()(> Q uiilif'od i.n Tojnnkins County Term K::pires Murch 30, 197y ST'TiT'Tr r\r? vrvnxr TOilPKINS COUNTY On the WESLEY Mccam? ^ SS ^ day of -IcDERMOTT to me known.. 1974 r before me personally did w]:io being by me duly sx7orn,depose and say, that he resides at Huhui-n frd- a oc^r^ /O■ y- -J. w — — / /^f ijbM !■ 'i y-:- ■ ^ " yNev; York , and that he is the Supervisor of the TOWN OF LA^lSI^fG, themunicipality described in and which executed the vzithin instrument;that he knows the seal of said municipality? that the seal affixedto said instrument is such municipal seal? that it x-zas so affixed by 'order of the Toxm Board of the TOl^TN OF LANSING, and that he signed his name thereto by like order. Nota^/^ublic STATE OF NEW YORK TOriPKINS COUNTY SS J.WF C. PUSH 'i' ii". of New-York . -c'f b'sro i'' 1 onipkins;• oircs March 30,19 *7 4 )n^ the ^day of (/ 'Jv f to me and say, that he resides ac 1974, before me personally to me known, x^zho ^ing by m^ duly sworn, ^od . • tKfSk Town Hoard of th<^ /Ivd^oU yptAx r and that he is a member of" the Tovm" Boafd'bf th? TOWN OF/ LM^SING, the m.unicipality described in and which executed the X'/ithin instrument? that he knoxvs the seal of said municipality; that the seal affixed to said instrument is such municipal seal; that it V7as so affixed by order of the Tovzn Board of the TOI^TI^ OF LANSING, and that he signed his name thereto by like order. ry Publxc •otarv 'n h'V-}' Y rin'"j.' Countyno Ljcpnros March 30. IQ oill ']:> 30.19 -!rH70 - 15 - 6/13/73 8/29/73 1/7/74 2/20/74 n n STATE OF NEW YORK TOMPKINS COUNTY ss came the day of , 1974.. before me personally to me knov/n, v;ho being by me dijJLy sv7orn, /Pal"did depose and say, that he resides at A/gcl' yprkj , and that he is a member of the Town Board of the/ 0^ ^o<r../z.CcZ TO VJI>J^ OF ^LANSING, the municipality described in and which executed the within instr\^ent; that he knows the seal of said municipality; that the seal affixed to said instrument is such municipal seal; that it vzas so affixed by order of the Town Board of the TOVJN OF LANSING, and that he signed his name thereto by like order. ss STATE OF NEW YORK TOMPKINS COUNTY On th'- ^ came /o did jdeppse and say, that he //« H day of I AMU INob^ry Public M at cJi 3d. 19 , 1974 , before me personally f to me kno\i7n, who being by mg duly sworn, resides at 9C L ^7^/ he is a member of the Town Board of thefand that TOt-®! 01^ LANSING, the municipality described in and which executed the V7ithin instnment; that he knows the seal of said municipality; that the seal affixed to said instrument is such municipal iseal; that it V7as so affixed by order of the Town Board of the TO^TI^J OF LANSING, and that he signed his name thereto by like yOrder. Nj^^ry^ Public p,,!.!;. c..'I New Yorh STATE OP NEW YORK TOriPKINS COUNTY SS Oir'li'ie ' i:; iMinidMiis County Term ILxumw Mareh 39.19 On the / / day of , 1974 , before me personally ^ ^ ^ known, who being by pje duly ^worn, say, that he resides at orn.came <^d depose and and that he is a member of the Town Board of the ^ T07iN OF LANSING, the municipality described in and which executed the within instrument; that he knows the seal of said municipality; that the seal affixed to said instrument is such municipal seal; that it was so affixed by order of the Town Board of the TOVIN OF LAITSING, and that he signed his name thereto by like pfder. STATE OF NEW YORK TOMPKINS COUNTY ss On the iLA day of NotarwPublic C\n*nH 1974, before me personally came FREDERICK C. MARCrlAT^, to me knovTn, who being by me duly sv;orn, did depose and say, that he resides at 112 Oak Hill Road, Ithaca, New York, and that he is the Mayor of the VILLAGE OF CAYUGA HEIGHTS, the corporation described in and vjhich executed the V7ithin instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it V7as so affixed by order of the Village Board of the VILLAGE OF C2VYUGA HEIGHTS, and that he signed his name thereto by like order. ROSE M. TIERNKV Mbtary Public, Sb.tc of New Yoxk Wo. SS-SO.WS Qualifiod in Tompkjns Ccrai Tonn Expires March 30, 19-. / /^Ao t£c. 6/13/73 8/29/73 T ^ 1/7/-/4- 16 - 2/20/74 STATE OF NEW YORK ; TOMPKINS COUNTY ; ss On the day of / 1974", before me personallyncame t to me knoim, who being by me duly sworn, did depose and say, that he resides at ,.that he is a member of the Town Board of the Town of the municipality described in and which execu ted the within instrument; that he knows the seal of said municipality; that the seal affixed to said instrument is such municipal seal; that it was so affixed by order of the Tovm Board of the TOm OF / and that he signed his name thereto by like order. Notary Public n 1 I 1/7/74 2/20/74 - 17 - SCHEDULE A FINANCING & DEBT ALLOCATION FOR PROJECTS I AND II I. PROJECT I; (a) Debt Allocation. For purposes of debt allocation 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 from the system consumed during the latest twelve month period for which figures are available on September 15 of each year. The allocation shall be determined by the Commission based upon such figures. Until the Commission determines otherwise, the debt alloca tion shall be as follows: NAME OF MUNICIPALITY PERCENTAGE OF DEBT Dryden 2.338 Ithaca 55.065 Lansing 27.013 Cayuga Heights 15.584 (b) Financing of Principal and Interest and Operation and Mainten- ance Costs. Each of the parties agrees to pay to the Commission an ' I _i amount for water consimed from the system in their own municipality in accordance with a uniform water rate schedule in the amounts indicated on Exhibit 1 hereto, said schedule to be applied to the ultimate con sumers within each municipality. The amounts so derived are hereinafter referred to as "water rent revenues". Each municipality shall have the option of raising such amounts by charging ultimate consumers in accord ance with such water rate schedule or by assessments or by any other manner permitted by law. However, regardless of the method chosen by each municipality to actually raise their share due to the Commission, the amount payable shall be computed as if each municipality adopted Exhibit 1 and charged the ultimate consumers thereunder. All of the I water rent revenues derived from Lansing, except revenues derived from Lansing's McKinney's Water District, and 68% of the water rent revenues derived from Dryden, Ithaca, Cayuga Heights and Lansing's McKinney's Water District shall be delivered to the treasurer of the Commission for application towards the principal and interest payments due on the indebt edness incurred for 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 costs, the municipalities shall make up the deficit by each contributing a por tion of such deficit, the portion applicable to each party to be 6/13/73 8/29/73 - 18 - determined by multiplying the total deficit by a fraction, the denominator of which is the amount of water consumed in all the municipalities during the immediately preceding four billing quarters f I j J as determined by the Commission, and the numerator of which is the amount of water consumed in such period by the individual municipality v;hos6 share is being determined- Except as hereinafter provided. Exhibit 1 -.^may not be changed by the Commission without the written agreement to such change of all of the parties. Unless the Commission determines otherwise, the payments required hereunder shall be made to the Commission or its delegate quarterly on February 1, May 1, August 1, and November 1 of each year. II. PROJECT II; (a) Debt Allocation- The allocation of debt shall be made •R annually between the municipalities in proportion to the vjater con- J sumed during the latest twelVe-month period for which figures are available on September 15 of each year. The allocation shall be determined by the Commission based upon such figures. Until the Commission determines otherwise, the debt allocation shall be as follows 2 NAI'>1E OF MUNICIPALITY PERCENTAGE OF DEBT Dryden 3.194 Ithaca 75.225 Cayuga Heights 21.290 Lansing 0.291 (b) Financing of Principal and Interest on Construction R Indebtedness and Operation and Maintenance. The costs of debt ser- ! j " vice and operation and maintenance of Project II shall be paid first by the application of the balance of water rent revenue derived from Dryden, Ithaca, Cayuga Heights and Lansing's McKinney's Water Dis trict (32% of such revenues). If such revenues exceed the amounts needed to pay such costs, the surplus shall be disposed of as set forth in the agreement. If such revenues be insufficient, the deficit shall be paid by the municipalities in proportion to the 6/13/73 8/29/73 ^ IQ 1/7/7419 - 2/20/74 vzater consumed within each municipality in the immediately preceding four billing quarters. The portion paid by each municipality shall be determined by multiplying the deficit by a fraction, the denominator of which shall be the aggregate amount of water consumed from the system in Dryden, Ithaca, Cayuga Heights and Lansing's McKinney's Water District during such period, and the numerator of which shall be the amount of water from the system consumed in such period by the individual municipality whose share is being determined. For the purpose of computing amounts due for Project II, the water consumed in Lansing shall be deemed to be only the v/ater consumed in Lansing's McKinney's Water District. The payments to the Commission for Project II shall be made simultaneously v/ith the payments for Project I. 11I» WATER PENT SUPxCHARGES AND BENEFIT tnN7IT CHARGES Nothing contained in this Schedule or elsewhere in this agreement shall prohibit each of the municipalities that is a party hereto from adding a surcharge to the v/ater rate schedule or assessing benefit • unit charges to customers vzithin their ovm municipality for the pur pose of financing debt service or operation and maintenance charges of v/ater supply facilities owned and operated individually by the municipality, or for the purpose of raising part or all of the funds to pay a municipality's share of the expenses related to Project I or Project II. IV. DECREASE IN WATER RATE SCHEDULE The parties hereto are making an application to the United States Government, Department of Housing and Urban Development for financial assistance in connection V7ith Projects I and II. If the assistance contemplated in such application is forthcoming, unless the parties otherv/ise agree each of the rates set forth in the water rate schedule annexed hereto shall be decreased by a percentage of each unit of v/ater consumed, the percentage to be equal to the per centage reduction in total costs of both Projects (debt service and operation and maintenance) estimated as a result of the receipt of such assistance. -20- EXHIBIT I WATER RATE SCHEDULE 8/29/73 '74 2V Unit Cost Meter Size Cu. Min Ft. Allowed , Charge Water Charge Thousand Gallons per 1000 Gallons Small 1,200 7.80 8.98 .869 1 "3,200 18.60 23.94 .777 1-1/2 " 2 " 5,500 11,200 31.02 60.12 41.14 83.78 .754 .718 3 "16,000 79.32 119.68 .663 4 "24,000 111.72 180.27 .620 6 "42,100 183.72 314.91 .583 First 1,200 per 100 :at .65 = 7.80 Next 8,800 per 100 at .54 = 47.52 Over 10,000 per 100 at .40 =360.00 8.98 65.82 683.20 .869 .722 .535 Multiple Housing and mobile home parks of over 2 units, using a master meter, will be computed as follows: The quarterly master meter read ing x.ill be divided by the number of dwelling units and the water charge will be figured on this number as if the unit was individually metered. The water charge will then be multiplied by the number of units on the master meter and this will be the billing rendered. ^ t * SCHEDULE B 2/20/74 DEFINITION OF UNITS FOR PURPOSES OF CONNECTION CHi^RGES Single family house Two family house Multiple dwellings Mobile home park 1 unit 2 units 1 unit for each dwelling unit 1 unit for each mobile hone space Commercial property (Not otherwise defined) 1 unit for each store or separate place of business School ~ education, non-residen tial 1 unit for each 10 students or faculty Group living accommodations (e.g., dormitories or other facilities where groups of generally unrelated persons reside) 1 unit for each 3 beds or 3 occupants Motels 1 unit for each sleeping room Boarding houses and rooming houses 1 unit for each sleeping room or for each two occupants, whichever results in more units Professional offices Gas Stations Industrial 1 unit for each office 1 unit for each service bay or stall 1 unit for each 16,000 cubic feet or part thereof of water estimated ^ to be consumed annually Restaurants and food service establishments 1 unit plus 1 unit for each 5,000 square feet of building floor area Any use or occupancy which is reasonably susceptible of inclusion in more than one category shall be deemed to be in the category resulting in the largest number of units. The final determination of the applicable category shall rest with the Commission. Any uses not specifically defined may be defined by the Commission