HomeMy WebLinkAbout435804-003Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 9
Receipt No. 435804
DATE: 07/11 /2003
Time: 11:01
Document Type: MISC RECORDS
Parties To Transaction: MEETING-3
Deed Information
Consideration:
Transfer Tax:
RETT No:
INSTRUMENT NUMBER
*435804-003*
Delivered By: ITHACA, TOWN OF
Return To:
ITHACA, TOWN OF
Mortgage Amount:
Basic Mtge. Tax:
Special Mtge. Tax:
Mortgage Serial No.:
State of New York
Tompkins County Clerk
This sheet constitutes the Clerk endorsement required by Section 316-A(5) & Section 319 of th
Property Law of the State of New York. DO NOT DETACH
Tompkins County Clerk
11111111111111111111111111111111111111111111111111111111111
e Real
REGULAR MEETING OF THE 1THACA TOWN BOARD
MONDAY, JULY 7, 2003
TB RESOLUTION NO.2003-087: Public Interest Order and Resolution Authorizing the
Expansion and Renovation of the Southern Cayuga Lake Intermunicipal Water
Traafmanf Plant Aiifhnri-yinn fha Fvnanrlifmaro of Piinrla fnr Qiio-k Pimrnnca
Authorizing the Issuance and Sale of Joint and Several Serial Bonds forla Portion of
the Costs of Such Project and Authorizing Execution of an Amendment to the
Agreement of Municipal Cooperation Governing Such Treatment Plant'li
At a meeting of the Town Board of the Town of Ithaca, Tompkins County, held at the Town
Hall, 215 North Tioga Street, in the City of Ithaca, New York, on the 7th day of July, 2003,
at 5:30 o'clock p.m. prevailing time.
PRESENT: Supervisor Catherine Valentino
Councilperson Mary Russell
Councilperson Carolyn Grigorov
Councilperson David Klein
Councilperson William Lesser
Councilperson Thomas Niederkorn
Councilperson Will Burbank
ABSENT: None
WHEREAS, the Town Board of the Town of Ithaca, in conjunction with t e Towns of
Dryden and Lansing and the Villages of Cayuga Heights and Lansing, has det rmined and
agreed to participate in the expansion and renovation of the Southern C yuga Lake
Intermunicipal Water Commission ("SCLIWC") water treatment plant and o contract
indebtedness therefore in accordance with Section 15 of the Local Finance La pursuant
to a Supplement to Agreement of Municipal cooperation for Construction, Fin ncing and
Operation of an Intermunicipal Water Supply and Transmission System Relat ng to 2003
Plant Expansion Project dated as of July 7, 2003 (the "Intermunicipal greement
Supplement"); and
WHEREAS, a plan, report and map has been duly prepared in such manner and in
such detail as this Board determines to be necessary, relating to the construction and
equipping of a two-story office and work space addition to the Southern Ca uga Lake
Intermunicipal Water Commission ("SCLIWC") water treatment plant, pursuant o Article 5-
G of the General Municipal Law and relevant provisions of the Town Law and V Ilage Law,
such project to be known and identified as the SCLIWC 2003 Plant xpansion
Improvement, and hereinafter also referred to as "Improvement", to provide expanded
space in the water treatment plant owned in common by the Towns of Dryden, Ithaca and
Lansing and the Villages of Cayuga Heights and Lansing (collectively the "Mu icipalities"
and sometimes individually the "Municipality"), such improvement to be const iucted and
owned by the Municipalities, and
WHEREAS, said plan, report and map have been prepared by Hunt Engineers
TB RESOLUTION NO. 2003-087 *1
PAGE 2 Ir
Architects & Land Surveyors, P.C., competent engineers duly licensed by the State of New
York and have been filed in the office of the Town Clerk where they are available for public
inspection, and
WHEREAS, the area of said Town determined to be benefitted by said SCLIWC
2003 Plant Expansion Improvement consists of the entire area of the Town excepting
therefrom the area contained within the Village of Cayuga Heights, and
WHEREAS, the proposed SCLIWC 2003 Plant Expansion Improvement consists of
the improvements set forth below, and as more particularly shown and described in said
map, plan and report presently on file in the Office of the Municipality Clerk; and
WHEREAS, the maximum proposed to be expended for the aforesaid improvement
is $2,310,835.00; and
WHEREAS, the proposed method of financing to be employed for the aforesaid
improvement is issuance by the Municipalities of joint and several serial bonds not to
exceed $1,000,000 and payment of the balance of the costs of said improvement by the
expenditure of current revenues and surplus funds held by SCLIWC.
WHEREAS, a public hearing for the purpose of considering said plan, report and
map, the providing of said SCLIWC 2003 Plant Expansion Improvement, the authorization
of serial bonds for payment of part of the costs of the Improvement, the expenditure of
current revenues and surplus funds for the balance of the costs of the Improvement, and
the amendment of the existing Agreement of Intermunicipal Cooperation between the
Municipalities in relation to such Improvement was held on the 7`h day of July, 2003, all in
accordance with applicable provisions of General Municipal Law, Local Finance Law, and
Town Law, at which time all persons interested in the subject thereof were given an
opportunity to be heard; and
WHEREAS, the project hereinafter described has been determined to be an
Unlisted Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality
Review Act, the implementation of which as proposed, it has been determined will not
result in any significant environmental effects; and
WHEREAS, all other actions precedent to the financing of the capital project
hereinafter described have been performed; and
WHEREAS, it is now desired to authorize the SCLIWC 2003 Plant Expansion
Project, the execution of the Intermunicipal Agreement Supplement, and the financing of
such capital project;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ithaca, if
2
TB RESOLUTION NO. 2003-087
PAGE 3
the within resolution in substantially the same form is adopted, approved and made
effective by the other member municipalities of SCLIWC, to the extent applicable to such
municipality, as follows:
Section 1. The Town of Ithaca hereby authorizes the SCLIWC 2003 Plant
Expansion Project, consisting of construction of a 7616 square foot, two story office
and work space addition on the east end of the SCLIWC water treatment facility at
1402 East Shore Drive in the Village of Lansing and renovation of 4332 square feet
of existing office space to provide increased office space for SCLIWC's
Administration and Distribution personnel, workshops for SCLIWC's electrical and
mechanical technicians and production department personnel, handicapped
accessibility, an archive room for long term storage of SCLIWC's files and
documents, an expansion of the facilities laboratory to meet increased water quality
monitoring requirements, and additional fire suppression systems in t e new and
renovated areas of the facility; upgrading the HVAC systems to brin them into
compliance with current building codes; upgrading the north entrance t the facility;
and adding four additional parking spaces to accommodate the publi , all of said
actions being authorized pursuant to Articles 12,12-A, and/or 12-C of th Town Law
and Article 5-G of the General Municipal Law.
Section 2. The Town of Ithaca hereby authorizes the Supervisor, on behalf
of the Town, to execute the Intermunicipal Agreement Supplement ursuant to
which the Town authorizes the SCLIWC 2003 Plant Expansion Project, delegates to
SCLIWC the authority to contract for and construct said Project, and agrees to the
manner of financing the same as set forth herein.
Section 3. The Town of Ithaca, subject to the approval of the voters of the
Town of Ithaca if a referendum is requested, hereby authorizes the expenditure of
up to $2,310,835.00 for the SCLIWC 2003 Plant Expansion Project and the
payment of all costs incident thereto, including architects fees, consulting fees,
attorneys fees, bidding costs and any other related costs, all of said a tions being
hereinafter collectively referred to as the "Project."
Section 4. There are authorized to be issued in connection with the Project,
$1,000,000 joint serial bonds of the Village of Cayuga Heights, Village of Lansing,
Town of Dryden, Town of Ithaca, and Town of Lansing, all of Tompkins County,
New York, pursuant to the provisions of Section 1 of Article VIII of the Constitution
of the State of New York as amended and Title 1A of the Local Finan e Law.
Section 5. $2,310,835.00 is estimated as the maximum cost for
the plan for the financing of the Project, which plan is hereby authorizf
of
The issuance of not more than $1,000,000 joint nd several
3
(a)
ject, and
consists
TB RESOLUTION NO. 2003-087
PAGE 4
serial bonds as aforesaid, the amount of which is initially estimated to be
allocated and apportioned to each of the municipalities is set forth below; and
(b) Payment from the unreserved fund balance of SCLIWC of the
balance of the remaining costs of such SCLIWC 2003 Plant Expansion
Project.
Section 6. For the purposes of Section 15.10 of the Local Finance Law
relating to the allocation of joint indebted ness, the amount of joint indebtedness to
be apportioned and allocated to each of said Towns and Villages shall be in the
same proportion as the consumption of water from the SCLIWC facility in each of
the Towns of Dryden, Ithaca, and Lansing and the Villages of Cayuga Heights and
Lansing shall bear to the total consumption of water from the SCLIWC water
distribution facility, which is estimated to be, and for the purposes of determining
gross indebtedness of each of said municipalities in their respective debt statements
pursuant to Section 15.10 of the Local Finance Law and therefore the amount to be
allocated for the purpose of ascertaining each of the municipalities debt contracting
powers, shall be as follows:
MUNICIPALITY PERCENTAGE OF DEBT ALLOCATED PORTION OF DEBT
Town of Dryden
4.455
$ 44,550.00
Town of Ithaca
46.185
$461,850.00
Town of Lansing
17.322
$173,220.00
Village of Lansing
20.324
$203,240.00
Village of Cayuga Heights
11.714
$117,140.00
Nothing in this section shall be deemed to be in conflict with or to supercede the
provisions of this resolution hereinafter set forth relating to the annual
apportionment of the amount of principal and interest on the bonds herein
authorized to be issued as among said Towns and said Villages, nor the manner of
collection and payment of the amounts of annual debt serviced provided to be
apportioned annually by said provisions. The Supervisors of said Towns and the
Treasurers of said Villages are hereby authorized and directed to act jointly to make
application to the State Comptroller as appropriate for the allocation and
apportionment of said joint indebtedness in accordance with the provisions of this
section and to perform all acts and furnish all information required in connection with
such application.
Section 7. It is hereby determined that the period of probable usefulness of
the aforesaid specific objects or purposes is 40 years, pursuant to Subdivision 1 of
Paragraph a of Section 11.00 of the Local Finance Law. It is further determined that
the maximum maturity of the serial bonds herein authorized will exceed five years.
1i
TB RESOLUTION NO. 2003-087
PAGE 5
Section 8. The full faith and credit of said Town of Dryden, said Town of
Ithaca, said Town of Lansing, said Village of Cayuga Heights, and sa d Village of
Lansing, all of Tompkins County, New York, are hereby jointly ple ged for the
payment of the principal of and interest on said bonds as the same respectively
become due and payable. The principal of and interest on said joint bo ids shall be
apportioned annually among said Towns and said Villages in accordance with the
Intermunicipal Agreement Supplement hereinabove referred to, in the ratio which
the consumption of water from the SCLIWC system in each of said municipalities
bears to the full consumption from the entire SCLIWC water distribution system,
such ratio to be annually determined in accordance with the aforesaid Intne
municipal
Agreement Supplement, the share of said principal and interest to be by the
aforesaid Towns, shall be annually assessed, levied and collected I within said
Towns as follows:
(a) From the several lots and parcels of land in each of the watE r districts in
the Town of Dryden and in the Town of Lansing, in the manner rovided by
law in accordance with the benefit conferred on such parcels ,and lots by
such Improvement.
(b) From the several lots and parcels in the Town of Ithaca'Town-wide
water improvement area, in the manner provided by law in acco dance with
the benefit conferred on such parcels and lots by such Improvement.
The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay
the share of said principal and interest to be borne by said Village, as the same may
become due and payable, and the Village of Lansing shall annually levy and collect
a tax sufficient to pay the share of said principal and interest to be borne by said
Village, as the same may become due and payable.
If not paid from the aforesaid sources, all the taxable real property ins id Town of
Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable
real property in said Town of Lansing and all the taxable real property in said Village
of Cayuga Heights, and all the taxable real property in said Village of Lansing shall
be jointly subject to the levy of an ad valorem tax, without limitation as t the rate or
amount, sufficient to pay the principal of and interest on said bonds as the same
become due and payable.
Section 9. Subject to the provisions of the Local Finance L w and this
section, the power to authorize the issuance of and to sell joint bond tnticipation
notes in anticipation of the issuance and sale of the joint serial bands herein
authorized, including renewals of such notes, is hereby delegated to the Supervisor
of the Town of Ithaca, the Chief Fiscal Officer of said Town, acting on behalf of the
chief fiscal officers of the Towns of Dryden and Lansing and the Village of Cayuga
Heights and Lansing. Such joint bond anticipation notes shall be of uch terms,
61
r
TB RESOLUTION NO. 2003-087
PAGE 6
form and contents, and shall be sold in such manner as may be prescribed by a
bond anticipation note certificate, as authorized by Section 30.00 of the Local
Finance Law; provided, however, that any bond anticipation notes so issued shall
be the joint indebtedness of said Towns and said Villages and shall be executed in
the names of Town of Dryden, the Town of Ithaca, the Town of Lansing, the Village
of Cayuga Heights and the Village of Lansing, and shall be signed by the
Supervisor of the Town of Dryden on behalf of said Town and shall have affixed
thereto the seal of the Town of Dryden, attested by the Town Clerk of said Town,
shall be signed by the Supervisor of the Town of Ithaca on behalf of said Town and
shall have affixed thereto the seal of the Town of Ithaca attested by the Town Clerk
of said Town said Supervisor, shall be signed by the Supervisor of the Town of
Lansing on behalf of said Town and shall have affixed thereto the seal of the Town
of Lansing, attested by the Town Clerk of said Town, shall be signed by the
Treasurer of the Village of Cayuga Heights on behalf of said Village and shall have
affixed thereto the seal of the Village of Cayuga Heights, attested by the Village
Clerk of said Village, and shall be signed by the Treasurer of the Village of Lansing
on behalf of said Village and shall have affixed thereto the seal of the Village of
Lansing, attested by the Village Clerk of said Village. The chief fiscal officer of the
Town of Ithaca to whom is hereby delegated the power to authorize the issuance of
and to sell such joint bond anticipation notes, shall file an executed copy of each
such bond anticipation note certificate with the finance board of each of the
aforesaid municipalities prior to the issuance of the bond anticipation note or notes
authorized by such certificate.
Section 10. The validity of such joint serial bonds and joint bond anticipation
notes may be contested only if:
1. Such joint bonds are authorized for an object or purchase for which said
Towns or said Villages are not authorized to expend money, or
2. The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within 20
days after the date of publication, or
3. Such joint bonds are authorized in violation of the provision of the
Constitution.
Section 11. Upon the adoption of this resolution by each of the aforesaid
Towns and the aforesaid Villages, and the publication thereof with the notice
provided for herein, the Clerks of each such Town and each such Village shall file
with the Clerk of each of the other Towns and of the Villages, a certified copy of this
resolution and a printer's affidavit or affidavits , as the case may be, of publication
n
i
TB RESOLUTION NO. 2003-087
PAGE 7
thereof with the required noticed or notices, as the case may be.
Section 12. Pursuant to Section 15.00(m) of the Local Finan a Law, the
powers and duties of advertising such joint bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor of the Town of Ithaca,
Tompkins County, New York, who on her own behalf and on behalf of the chief
fiscal officers of the Towns of Dryden and Lansing and the Villages of Cayuga
Heights and Lansing, shall advertise such bonds for sale, conduct th sale, and
award the bonds in such manner as she shall deem best for the inte ests of the
aforesaid Towns and Villages, provided, however, that in the exerci a of these
delegated powers, she shall comply fully with the provisions of the Lo al Finance
Law and any order or rule of the State Comptroller applicable to l' sale of
municipal bonds. The receipt of said Supervisor shall be a full acquitt nce to the
purchaser of such bonds, who shall not be obliged to see to the appli ation of the
purchase money.
Section 13. All other matters, except as provided herein relating o such joint
bonds, including determining whether to issue such joint serial bolds having
substantially level or declining debt service and all matters related thereto,
prescribing the method for the recording of ownership of said bonds, ap ointing the
fiscal agent or agents for said bonds, providing for the printing and delivery of said
bonds, the date, denominations, maturities and interest payment dates, place or
places of payment, shall be determined by said Supervisor on behalf of the chief
fiscal officers of the Towns of Dryden, Ithaca, and Lansing, and the Villages of
Cayuga Heights and Lansing. It is hereby determined that it is tote financial
advantage of the issuers not to impose and collect from registered owners of such
serial bonds any charges for mailing, shipping and insuring bonds transferred or
exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section
70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal
agent. Such bonds shall contain substantially the recital of validity clause provided
for in Section 52.00 of the Local Finance Law and shall otherwise be ir such form
and contain such recitals in addition to those required by Section 52.00 of the Local
Finance Law, as the Town Supervisor shall determine. Said bonds sha I be signed
in the name of each Town and Village by the manual signature of each respective
chief fiscal officer and a facsimile or original of the corporate seal of eac Town and
Village shall be imprinted thereon and shall be attested by the manual si natures of
each respective Town or Village Clerk.
Section 14. Pursuant to Local Finance Law Section 15, the Super
Town of Ithaca is designated as the chief fiscal officer to maintain tl
relating to the joint bonds, the paying agent on the bonds, and the registr
if she does not appoint such an agent pursuant to the authority granted
in this resolution.
visor of the
ie records
ation agent
elsewhere
7
TB RESOLUTION NO. 2003-087
PAGE 8
Section 15. Any obligation issued under authority of this resolution shall
contain on it's face a recital in substantially the following form: "This obligation
evidences the joint indebtedness of the Town of Ithaca, Tompkins County, New
York, the Town of Dryden, Tompkins County, New York, the Town of Lansing,
Tompkins County, New York, the Village of Cayuga Heights, Tompkins County,
New York, and the Village of Lansing, Tompkins County, New York."
Section 16. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.150-1. Other than as specified in this
resolution, no moneys are, or are reasonably expected to be, reserved, allocated on
a long-term basis, or otherwise set aside with respect to the permanent funding of
the object or purpose described herein.
Section 17. SCLIWC is hereby authorized to pay, out of unreserved surplus,
the costs of the SCLIWC 2003 Plant Expansion Project in excess of the bond
proceeds authorized by this resolution, provided, however, the maximum cost of
said project does not exceed the maximum authorized in this resolution.
Section 18. It is hereby determined that the Town's share of the estimated
expense of the aforesaid improvement does not exceed 1/10th of 1% of the full
valuation of the taxable real property in the area of said Town outside of Villages
and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q
of the Town Law, the permission of the State Comptroller is not required for such
improvement.
Section 19. Within 10 days after the adoption of this resolution by the Town
Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post and
publish a notice which shall set forth the date of the adoption of this resolution and
contain a copy of this resolution, or an abstract of this resolution concisely stating
the purpose and effect thereof. Such notice shall specify that such resolution was
adopted subject to a permissive referendum.
Section 20. If no referendum is requested, or if requested, a referendum is
held and the referendum approves the resolution, this resolution, or a summary
thereof, shall be published by the Town Clerk of the Town of Ithaca, together with a
notice in substantially the form prescribed, and containing the information required,
by Section 81.00 of said Local Finance Law, such publication to be in the Ithaca
Journal, a newspaper published in the City of Ithaca and having a general
circulation within such Town.
Section 21. This resolution shall take effect immediately, unless a
referendum is requested, in which event it shall take effect, if approved at such
referendum, upon such approval.
4
TB RESOLUTION NO. 2003-087
PAGE 9
Section22. Pursuant to subdivision 6(d) of Section 209-q of the'Town Law,
the Town Clerk is hereby directed and ordered to cause a certified copy of this
resolution to be duly recorded within 10 days of the date of adoption in he Office of
the Clerk of the County of Tompkins, which when so recorded, shall be resumptive
evidence of the regularity of the proceedings and action taken by the T wn Board in
relation to the aforesaid improvement.
Section 23. This resolution is adopted subject to a permissive referendum
pursuant to Town Law Article 12, 12-A and/or Article 12-C, and Local linance Law
Sections 35.
The question of adoption of the foregoing resolution was, upon motion
made by
Councilwoman Russell, and seconded by Supervisor Valentino, duly put to a vote
on a roll
call, which resulted as follows:
Supervisor Valentino
Voting aye
Councilman Klein
Voting aye
Councilwoman Grigorov
Voting aye
Councilwoman Russell
Voting aye
Councilman Lesser
Voting aye
Councilman Niederkorn
Voting aye
Councilman Burbank
Voting aye
The resolution was thereupon duly adopted.
MA
�sowra�lA�91IMM
TO
ft76Md r.� �rtux�ca� Iry rrt�An..n .. .
g