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At a "`regular .. meeting•of the Town BoaaA
Of file Town at. Tthwns I TONI" ne CONt1tY�-
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New York, held at• -the Offices, 10! '�ast
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.
Street
In the City of Iihacq . Nlew York
June
on the ' l0th slay of jtafo{fsfllt at 5 s 00 o'clock 1'.M.
The meeting was called to.or4er by Supervisor Schwan
and upon the roll being called', there were,
PRESBNTc Supervisor halter J. Schwan
Councilman. Andrew N. McElwee
Councilman Noel Desch
;
ARSENTt Councilman Victor Del Rosso
Councilman Robert N. Powers.
The following resolution was offered by Synsrvi:e_r sl=bmAn
who moved its adoption, seconded by Councilman Desch__.
to wit:
MOD RESOTION DAT"j-0 June 10 , 1974.
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A RE -SOLUTION :;JTl MZrTr. ::M JOINT CM42"MIUCT201'
OF A VMTER DIS':RIPUTIdi SYS:F,M TO SLRVF. JOINTLY
VAaJOUS .1LR ,1S 17; T'lis "V.P.:S OF DRYD^.', I= *�•1CA
AND LMSING X110- TEE VILbAGr. OF CAYUGA HEIGHTS*
COM47TY OF TWW"'IFS, Z, YO?Y., AT A
I:j Tli~:
TOTAL Es-tri1TL'D COST OF NOT w—=(c-m $1,930,000•
IiiCLUDI:iG ricin,?-,;TAL rAPr:STS IN COMMCTION
TISETWRITP AM AUTnORIZI'iG TM- ISSVA!= OF
:lOT E CC ?rFG $1, 930, 000 JOI ?T o'T'!IAL F.a08
OF SAID TOiSN OF DRYDS:i, SAID TO:!:l OF XTRACA.
SAID TOiui OF Jx-;SI`:. AND SAID VILT„1GE OP CAYUGA
HEIGHTS, ALL IN TO:V=;s COU'M, NEW roRK•
WbM-.X1S,' the Tom Eoard of the Town Of Dryden, TccxP%I"
County, gew York, has heretofore had and taken proceedings tsar"
suant to Section 202-b of the Town Law providing for the increases
4
and impraveent Of the facilities of Pater District Igo. 1 in._aa id—
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Tows, to consist of a coa,iehonsive Water isnprovenent. including
transmission mains, storage reservoir and booster station for an
facility for L`se Torms of
intesmunicipaI water distribution
Ithaca and Laming and the, Village of Cayuga Heights. in Toaakins
and for the joint use and operation by, the said
County, New York,
.
four municipalities pursuant to an agree=ent of MuLci?a17777
r' c s eFs a
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Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in
Tompkins County, New York, and for the joint use and oparatien,by '
the said four municipalities pursuant to an agreement of municips
cooperation to be entered into by and between the said ;owns and
the said Village, pursuant to Article S-G of the General Municipal
Laws and
WHEREAS, the Town Board of the Town of Lansing, Tompkins
County, New.York, has heretofore had and taken proceedings pur-
suant to the provisions of Section 202-b of the Town Law provid-
ing for the increase and improvement of the facilities of the
McKinney Water District in said :own, to consist of a comprehen-
sive water improvement, including transmission mains, storage
reservoir and booster station for an intermunicipal water distri-
bution facility for the Towns of Dryden, Ithaca and Lansing and
the village of Cayuga Heights, in Tompkins County, 1:ew York, and
for the joint use and operation by the said four municipalities
pursuant to an agreament of municipal cooperation to be entered
into.by and between the said Towns and the said Village, pursuant
to :►rticle S-G of the General Municipal Law: and
WHwTL7S, the Board of Trustees of the Village of Cayuga
Usights, Tompkins County, Now York, has heretofore had and taken
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proceedings Pursuant to the provisions or Article 11 of the
Village Law authorizing the establiob wnt of a water distribution
system in and for said Village, to consist of a conproheneive
water improvement, including transmission mains, storage reservoir'<
and booster station for an interrmnicipal water distribution .
facility for the Towns of Dryden, Ithaca and Lansing and the
Village of Cayuga Eeights, in Tonpkins County, Now York, and tar
.
the joint use and operation by the said four municipalities pns"
anent to an agreement of municipal cooperation to be entered into
by and between the said Towns and the said Village, pursuant to
Article 5-G of the General ftnieipal Lan and
WHMMAS, following the completion of the aforesaid pro-
ceedings, for purpoces of implementing the same, said Towns of
Dryden, Ithaca and Lansing and Village.of Cayuga weights have
entered into a municipal cooperation contract pursuant to Article
5-G of the General Municipal Law entitled "Agroerent of Municipal
Cooperation for Construction, Financing and operation of an later -
municipal Water Supply and Transmission System","made as of the
21st day of %larch, 1974, by and between said Towns and said
Village on behalf of the aforesaid water districts, water distri-
bution benefited area and Village as the case may bat and
t
t9_REA5, it is now desired to provide for the financing
f the costs of the aforesaid water distribution improvements
now, Ti'ERMOM. M IT
t
RESOLVED, by the Town Board
f the Town of Ithaca . Tompkins County.:4er.,-
fork, if the within resolution L`► identical _form is adopted,
pproved and made effective by the
Town of D den, the of Lansing, and the Village of
Ca a Heights
i
as follows:
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Section 2. The plan fop the financing of the aforesaid
specific object or purpose'consists of the issuance (pursuant to
the provisions of Section l of Article VIii of the Constitution
•
of the State of New York, as amended, and of Title.IA of the
Local Finance Law of the State of. New York) of joint obligations
of the Town of Dryden, Tompkins County, New York, the Town of
Ithaca, Tompkins County, New York, the Town of Lansing, Tompkins
County, New York, and the Village of Cayuga Heights, Tompkins
-
County, New York, eonatituting joint indebtedness by said Towns
and said Village, which shall be evidenced by joint serial bonds
of said Towns and said Village in the principal amount of not
exceeding $1,930,000 which are hereby authorised to be issued in
accordance with and suhject to the provisions of.the Local Finance
Law, and, in anticipation of the issuance of said joint bonds of
said Towns and said Village, by the issuance of joint bond antW—
pation notes of said Towns and Village, for the temporary !mane-
ing of said specific objeet.or purpose.
Section 3. 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 Village, shall be in the same
proportion as the consumption of water in each of the Towns of
Dryden, Ithaca, the Village of Cayuga Heights and the McKinney
;rater District in the Town of Lansing shall bear to the total con-
sumption of crater for the entire joint water distribution.laeility,
which is estimated to be, and for purposes of determining gross
indebtedness of each of said municipalities in their respective
'
debt statements pursuant to Section 25.10 of the Local Finance Lay
and therefore the amount to be allocated for the purpose of ascer-
taining each of the respective municipalities' debt contracting
be as follo:
powers, shall follows
Er
i
Law 20 fanam
61,644.20
Ithaca � A-4S1,042.S0
Leasing S.615.30
Cayuga Heights 410,e9f.00
Nothing in this section shall be deemed to be in conflict with or
to supersede the provisions of Section 6 of this resolution relat-
ing to the annual apportionment of the amount of principal and
interest on the bonds herein authorised to be issued as 01010019 •aid
Towns and said village, nor the manner of collection and payset►t
annual debt service provided to be apposticeed
of the amounts of
annually by said Section 6. The Supervisors of said Teams and the
Treasurer of said vill&47A are hereby authorised and directed to
act jointly to make application to the State Conotroller for the
allocation and apportionment of said joint indebtedness in accord -
owns with the provisions of this section and to perform all acts
and furnish all information required in connection with suctt appli
cation.
Section 4. It is hereby determined that the period of
probable usefulness of the aforesaid specific object ar PGXPO9
is forty years pursuant to subdivision 1 of paragraph (a) of
Section 11.00 of the Local Finance Law. It is hereby further
determined that the maxiaum maturity of the joint bands hereby
authorized to he issued will be in excesss•cf five years. and such {
bonds will mature in annual installments in conformity with law.
the Local Tinanes
Sections. Subject to the provisions of
Law and this section, the cower to authorize the issuance of and
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to sell joint bond anticipation notes is anticipation of the
issuance and sale of the joint serial bonds herein authorized. t
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renewal" thereof, is hereby dele9atN! to the supervisori .
of the Town of Ithaca, the chief fiscal officer of said Torn.
Such joint lord anticipation notes shall be of such term' form
and contents and shall be sold by said, Supervisor in such maser
may be prescribod.by a bond anticipation note certificate, as
as
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1777717777117-1
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authorized by Section 30.00 of the Local Yinrnee Laws provided•
however, that any bond anticipation notes so issued shall be the
joint indebtedness of said Towns and -said Village and shall be
executed in the names of the Town of Dry;os, the Town of Ithaca,-"
the Town of Lansinq and the Village 0! Cayuga Aeights, and shall
be signed by the Supervisor of the Town of rcyden on behalf of
said Town and shall have affixed thereto the seal of the Torn.of
Dryden, attested by the Town Clark of said Towns shall be signed
rY
s
by the Supervisor of the Town of Ithimca on behalf of said Tows
and shall have affixed thereto the seal of the Town of Ithaca,
attested by the Town Clark of said Towns shall be signed by thecn
Supervisor of the Toof Lansing on behalf of said Town and shall
have affixed thereto the seal of the Town of Lansinq, attested by
the Town Clark of said 'fawn; and shall be signed by the Treasurer
of the Village of Cayuga Heirihts on behalf of said Village and
small have affixed thereto the seal of the Villabs of Caywa
Heights, attesteJ by t-he 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 Loral anticipation notes, shall file an executed copy
r
of each such bond anticipation note certificate with the finance
board of each of the afore3aid =nicipalities prior to the loan-
f '
once of the bond anticipation note or notes authorized by such
certificate.
i
Section 6. The faith and credit of said Tom of Dryden,
Tompkins County, New Yorks said Town of Ithaca, Tompkins County,
{
tdew Yorks said Town of Lanftina', 'TC-Pkins County,' New York: and
said Village of Cayuga Heights, Tompkins County, New York,," are
hereby jointly pledged for the paynent of the principal of a_nd
interest on said joint bonds its the same become due and payable.
The principal of bail .joint bonds and the interest thereon.shall :.
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be apportioned annually among said Towns and said village in
accordance with the agreement of municipal cooperation hereinabow
referred to in the recitals of this resolution, on the ratio whiab
the consumption of water from the system in each of sai4 mmnioi-
palities bears. to the full consumption from the entire Inter-.
municipal water distribution facility, such ratio to be annually
determined in accordance with the aforesaid agreement of municipal
cooperation; the share.of said principal and interest to be harms
by the aforesaid Towns, shall be annually assessed, levied and
collected within said Towns as follows
a) From the several lots and parcels of land is
Water District No. 1 of the Town of Dryden, in
proportion as nearly as any be to the benefit
which each lot or parcel of land therein will
derive therefrom.
b) From the several lots and parcels of land is
the Town of Ithaca seater Distribution Benefited
Area, in proportion as nearly as may be to the
i
benefit which each lot or parcel of land therein'
will derive therefrom.
c) From the several lots and parcels of land in the
McKinney water District in the Town of Lansing,
at the same time and in the same manner as other
Town charges.
he Village of Cayuga Iieie*hts 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 in said 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 Uaights, shall be jointly,subject to the
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OVY of an ad valorem tax, without limitation as to rate os as+ount
ufficient to pay the principal of and interest on said bonds."
saint may become due and payable.
section 7. The validity. of .ouch joint serial bonds may
be contested only ifs
1) Such joint bonds are authorized for an object ox
purpose for which said Towns and said Village are
not authorised 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
conimmced Aithin twenty days after the date of
publication, or
3) Such joint bonds are authorised in violation of
the provisions of the Constitution.
Section S. upon the adoption of this resolution by each
f the aforesaid Towns and the aforesaid Village, and the.publiea-
ion thereof with the notice provided in Section 9 hereof, the
Jerks of each such Town and such Village shall file with the
lerk of each of the other Towns and of the Village a certified .
py of this resolution and a printer's affidavit of publication
ereof with the notice required by Section 9 hereof..
Section 9. This resolution is adopted by the village of
ayuga Heights subject to permissive referendun and upon its taking
ffect in and with respect to said village, shall thereupon be
�
ffective upon its adoption by the Town Boards of the aforesaid
owns and, upon this resolution finally becoming effective, it
�.
ha1I be published in full in The Aural :Jews, the official news-
per of the Town of Dryden, and in the Ithaca Journal, the
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ffieial newspaper of the Town of Ithaca, of the Town of Lansing
nd of the Village of Cayuga Heights, together with (i) a notice
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of the Town Clerk of the Town of Dryden in substantially the
forts provided in Section 81.00 of the Local Finance Lam, (ii) a
notice of the Town Clerk of the Town of Ithaca substantially in
said foam, (iit) a notice of the Town Clerk of the Sown of Lansing
substantially in said form.. and (iv) a notice of the Village Clerk
of the Village of Calmly, I:eights substantially in said form.
The-ucation of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resultsd as followas
Councilman McElwee voting Ays
Councilman Desch voting Aya
Supervisor Schwan voting Aye
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The resolution was thereupon declared duly adopted.
. •tee
STATE OF NEN YORE )
COUNTY of 24WRINS ) as.
TOWN OF ITUNCA )
I, Edward L. Bergen, Town Clerk of the Town of Ithaca,
do hereby certify that I have compared the preceding Resolution
with the original thereof filed in my office in the Town Hall
of the Town of Ithaca, Tompkins County, New York, adopted on the
loth day of June, 1974, and that the same is a true and correct
copy of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the seal of said Town this 23rd day of July, 1974.
Edward L. Bergen, Town Clerk
sy
o, Town of Ithaca
sy
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812
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