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HomeMy WebLinkAboutBF148885-001i • 92L4RIi . S At a regular meeting of the Townes Board of the Town_of Ithaca • Tompkins Cowty, New York: held at th6 Town Offiose, 104 Last fteen (address) s street: a is the City of Ithaca . `New TMic. on the 10th day of �, 1974, at S:00 o'clock P.M. i The meeting was called to order by Supervisor Schwan_ and upon the roll being callede, there were 4 - PRESENT: Supervisor waiter.J. Schwan Councilman Andrew W.. McElwee s, Councilman Noel Desch ASSMTs Councilman Victor Del Rosso Councilman Robert N. Powers The following resolution was offered by sgDeXXjAnr ,g hwsn who moved its adoption, seconded by Councilman McElwee ,,,,,,• to vit: SOND RESOLUTION DATED June 10 . 1974. A RESOLuTim; AU.roRIZriG TIM JOINT CO17STROC.`PIO" OF A WATyR SUPPLY SYSIMN TO SERVE JOINTLY VARIOUS AREAS Iit TIM TDIMIS OF DRYDz :1, ITMACA AM I.AI7ffi 'M AND T11E VILLAGE OF CAYUGA MIGHTS, IN TIM COMM or To:tna.ns, :mw Yon., AT A TOTAL ESTr.4r.TZD cost OF TIOT F. SC: ED227G $4.150, 000, r?CLUDZIM r3CID�0TAL Ir IMSES III CO.Tz--CTMI !T.F,-p-7IT8 AND AVENMIZIM TIM I55J1':C 0^ 'IOT EKC=DING E4,1.50, 000 JOS!iT SI".R27M Soros OF SAID TOUN OF DRYD=, SAID TOM OF ITI'.AC.N, SAID TOTN Or LP:15I`IG A:iD SAID VILLAGE OF CAYUGA I1EIGnTS, ALL IN TO:IPXrAs CW111#7Y, NLit . YOM. W122:.:LAS, the Town Board of the Town of Dryden. Tompkins ti County, 17ew York, has heretofore had and taken proceedings pur- suant to Section 202-b of the Town Lau providing for the increase and improvement of the facilities of hater District No. 1 in said ` Town, to consist of a conprohcn3iva water i'aprovc t, including water treatment ?lant, transmission Main and. pwv station for an interconicipal water supply facility for the Tawas of Dryden, It.Naea and Lansing and the Village of Cayuga Heights,.in Vomkins County, Now York, and for the joint use and operation, by the said I I }. proceedings pursuant to the provisions of Article 11 Of the I Village Law.authori:ing the astablishment of a water supply sr in and for said Village, to consist of a compsehsnsive water Y improvement, including water treatment Plante transmission male and pump station for an intesmunicipal water supply facility the Towns Of Dryden, Ithaca, and Lansing and the Village of heights, is Tompkins County, now York, and for the joint use and s operation by the said four municipalities pursuant to an agr*smmtx' of inunieipal cooperation to be entered into by and between the said Towns and the said Village, pursuant to Article S-G of the , General Municipal Laws and wimm S, following the completion of the aforesaid pt4D- cesdings, for purposes of implementing the same, said Towns of f Dryden, Ithaca and Lansing and Village of Cayuga P.eights have . entered into a municipal cooperation contract pussuant to Article s-G of -the General Municipal Law entitled "Agreement of Municipal Cooperation for Construction, Financing and operation of en Inter - municipal water Supply and Transmission System," made as of the.' Zlst day of March, 1974, by and between said Towns and said Vil- lage on behalf of the aforesaid water districts, water supply benefited area and Village as the case may ban and wfEZRM it is now desired to provide for the financing I of the costs of the aforesaid water supply improvementf MW, TUEREPORE, AE IT RESOLVED, by the Town Hoard of the Town of Ithaca , Tompkins County, New York, i! tM within resolution in identical form is adopted, approved and made effoctive by the Town of Dryden, the Town of Lansing, and the Village of Cayuga Heights as follo"t r f, f ` _ MR 20 PEE Section 1. The joint construction of a eosTrehensive water improvement, consist inq of an intake plant at Holton Pout on Lake Cayuga in the'Town of Lansing, a watertreatment plant and a raw water pump station, force mains, Plant and pump station road and a transmission.main to the Village Of Cayuga 11e1ghts for an - intermunicipal water supply facility for the joint use and opera tion by the Town of Dryden, on behalf of Water District no. l.in •, said Town, by the Town of Ithaca on behalf of the Town Wide Water Supply Benefited Area in said Town. by the Town of Lansing on behalf of Water District No. 1 and the McKinney Water District in said Town, and by the Village of Cayuga Heights for said Village, to consist of an intermunicipal water supply facility for the joint use and operation by the said four municipalities, including original furnishings, equipment, machinery and apparatus and the acquisition of necessary lands and rights in land therefor, is hereby authorized at a total estioated cost including incidental expenses of not exceeding S4,150,000. Said joint construction shall be carried out in accordance with the proceedings hersinbe- fore recited and in accordance with a certain map, plan and report prepared by Lozier Engineers, Irn., competent engineers 4n17 licensed by the State of sew York, which map, plan and report have been filed in the office of the Town Clerk of the Town of Dryden in June, 1972, in the office of the Town Clerk of the Town of Ithaca in June, 1972, in the office of the Town Clerk of the Town of Lansing in June, 1972, and in the office of the Village Clerk of the Village of Cayuga }leigbts in June, 2972, and which reap, plan, and report were thereafter modified by the relocation of the water treatment Plant to a new location substantially in the vicinity of the original site, which new location is now shown an the map prepared by Lozier L•'ngineers, Inc., which has been previJOU - ly filed in the offices of each of the aforesaid Town Clerks and '. Village Clerk. T,F 777 y - 1 ------------- I Section 2. The plan for the financing of the aroresaid specific Abject or purpose consists of the issuance (pursuant to e provisions of section I of Article VIII of the Constitution of s the State of New York, as amended, and of Title lA of the Local Finance Law of the State of New York) of joint obligations of the z ,. Town of Dryden, Tompkins'County, New York, the Town of Ithaca. Tompkins County, Now York, the Town of Lanaing..Tompkins County, Now Ygrk, and the Village of Cayuga Heights, Tompkins County, now Iv ork, constituting joint indebtedness by said Towns and said illage> which shall be evidenced,by joint serial bonds of said s and said Village in the principal amount of not exceeding 4,150,000 which are hereby authorised to be issued in accordance i ith and subject to the provisions of the Local Finance Law, and n anticipation of the issuance of said joint bonds of said Towns d said Village, by the issuance of joint bond anticipation notes f said Towns and Village for the temporary financing of said. specific object or purpose. Section 3. For the purposes of Section 15.10 of the al 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 proportion as the consumption of water in each of said cipalitie; shall bear to the total consumption of water for Fe entire joint water supply facility, which is estimated to be, Lnd for the purposes of determining gross indebtedness of each of aid municipalities in their respective debt statements pursuant Section 15.10 of the Local Finance Law and therefore the amount be allocated for the purpose of ascertaining each of the res- active municipalities' debt contracting powers, shall be as ollows: Dryden i 97,027.00 Ithaca 2,28S,197.50 Lansing 1,121,039.5Q" =, 6.00 Cayuga weights 616,73IC y - d Lou. ZO PACE 8T Nothing in this section shall be deemed to be in conflict with or to superseds the provisions of Section 6 of this resolution selat- ing to the annual apportionment of the amount of parindpal and interest on the bonds herein authorised to be issued as among said Towns and said Village, nor the manner of collection and payment of the amounts of annual debt service provided to be apportioned annually by said Section.6. The Supervisors of said Towns and the Treasurer of said Village are hereby -authorized and directed to act jointly to make application to the State Omeptroller for the allocation and apportionment of said joint indebtedness in accord- ance with the provisions of this section and to perform all acts and furnish all information required in connection with such appli cation. Section 0. It is hereby determined that the period of probable usefulness of the aforesaid specific object or pur?ose 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 maximum maturity of the joint bonds hereby authorised.to be issued will be in excess of five years. and such bonds will mature in annual installments in conformity with law. Section 5. Subject to the provisions of the Local Finance Law and this section, the power to authorise the issuance of and to sell joint bond anticipation notes in anticipation of the issu- ance and sale of the joint serial bonds herein authorized, includ- ing renewals thereof, is hereby delegated to the Supervisor of the Town of Ithaca, the chief fiscal officer of said Town. Such joint bond anticipation notes shall be of such terms, form an3 contents and shall be solci.by said Supervisor in such manner as may be pre- scribed by a bond anticipation note certificate, as authorized by i Section 30.00 of the Local Finance Laws providedo however, that any bond anticipation notes so issued shall be the joint indebted- ness of said Towns and said Village and shall be executed in the a 3 - 4- W ..- 'i= ° ..1."+-':'� �Tya �:_ „W 1C knw•y€1�.. lM� .4 .: i laElt 20 PACE -names of the Town of Dryden, the Town of Ithaca, the Town of Lansing'and the Village of Cayuga peights, and shall be signad• by the Supervisor of the Town of Dryden on behalf of said Sows 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, 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 Sown Clerk of said Town, and 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, attes- ted 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 bow anticipation notes, shall file an executed copy of each such bond anticipation note certificate with the finance board of each of the aforesaid participating ,municipalities prior to the issuance of the bond anticipation note or notes authorized by such certifi-. oats. Section 6. The faith and.credit of said Town of Dryden, Tompkins County, New York; said Town of Ithaca, Tompkins County, Now York; said -Town of Lansing, Tenpkins County, now York, and said Village of Cayuga Heights, Tompkins County, New York, are hereby jointly pledged for the paynent of the principal of and interest on said joint bonds as the saes become due and payable. , The principal of said joint bonds and the interest thereon shall be apportioned annually among said Towns and said Village in accordance with the agreement of municipal cooperation herein - above referred to in the recitals of this resolution, on the ratio which the consumption of water from the system in *sob of said ,t k , L16ER 21 FACE 100- ' f an ad valorem tax, without,limitation as to sate;= amount uffieient.to pay the principal::of and interest oa 6aid bonds a4. he same may became due and payable. ; x Section 7. The validity of such joint serial bonds_=W contested only Its 1) Such joint bonds are authorized for an object or purpose for which, said Towns and said Village 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 iwk substantially complied with, and'an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, es! 3) Such joint bonds are authorised in violation of the provisions of the Constitution. Section 8. 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 lurks of each such Town and such Village shall file with the lark of each of the other Towns and of the Village a certified opy of this resolution and a prin'ter's affidavit of publication hereof with the notice required by Section 9 hersof. Section 9. This rosolution is adopted by the Village of f yoga Heights subject to peraissive referendum and upon its taking f effect in and with respoct to said Villaae, shall thereupon be ffective upon its adoption by the Town Boards of the aforesaid { i' owns and, upon this resolution finally becoming effective, it hall be published in full in the Rural :yews, the official news- aper of the Town of Dryden, and,in tho Ithaca Journal. the officia ewspaper of the Town of Ithaca, of the Town of Lansinq and of the illage of Cayuga Heights, togother with (I) a notice of the Tows Mark of the Town of Dryden in substantially the, form provided in > r"i' • U 11 20 PACE 1 Section.9l.00 of the Local Finance Law, (ii) a notice of the Town Clerk of the Town of Ithaca substantially in sail! foam, (iii) a notice of the Town Clerk of the Town of Lansinq, substan- " tially in said four, and (iv) a noticeof the Village C1ork of the village of.Cayuga Haights.substantially.in said foss. The question of the adap•..ion of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman McElwee voting AT* Councilman -Desch Voting Aye Supervisor Schwan _ voting Aye Xxxxxxxx xtll���#„ g. 3E�E�3E�3E�3Ex�EF�E3 The resolution was thereupon declared duly adopted- STATE OF NEW YORE ) COSTNTY OF TOMPKINS ) as. " TOWN OF ITHACA ) I, Edward L. Bergen, Town Clerk of the Town of Ithaca, Bergen,, the preceding. Resolution do hereby certify that I hacompared filed in my office in the Town Hall with the original thereof of theTown of Ithaca, Tompkins County, New York, adopted on the that the same is a true and correct 1 loth day of June, 1974, and COPYof the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hatsd and Town this 23rd day of July, 1974. affixed the seal of said r tart A,4�JfLf� �d..Y.tAltw: "rrt ttt c YE Edward L. Bergen, Town Clerk _}: 'c►rii., :'r_ Town of Ithaca S�CO'Rs1'� .w+...■A�.i clerk L .N .. .,.