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At a special meeting.of the Town
Board of the Town of Ithaca, Tomp-
kins County, New York, held at the
Town Offices at 108 East Green Stre
in the City of Ithaca, New York, on
the 16th day of December, 1974 at
5:00 o'clock P.M., Eastern Standard
Time.
PRESENT: Walter J. Schwan, Supervisor
Andrew W. McElwee, Councilman
Noel Desch, Councilman ..
Victor Del Rosso, Councilman
Robert N. Powers, Councilman
The following resolution was offered -by Walter J. Schwan,
Supervisor, who moved its adoption, seconded by Andrew 11. McElwee,
Councilman, to wit:
BOND RESOLUTION DATED December 16, 1971
A RESOLUTION AUTHORIZING THE ISSUANCE OF
NOT EXCEEDINr, AN ADDITIONAL 0,920,000 JOINT
SERIAL BONDS OF THE TOWNS OF DRYDEN, ITHACA AND
LANSING AND.THE VILLAGE.OF CAYUGA HEIGHTS, ALL
IN TOMPKINS COUNTY, NEW YORK, TO PAY PART OF
THE COST OF A WATER SUPPLY SYSTEM TO BE CON-
STRUCTED TO SERVE JOINTLY VARIOUS AREAS IN
SAID TOWNS AND SAID VILLAGE.
WHEPSAS, the Town Board of the Town of Dryden, Tompkins'
County, New York, has heretofore had and taken proceedings pur-
suant to Section 202-b of the Town Law providing for the increase
and improvement of the facilities of Water District -No. 1 in said
Town, to consist of a comprehensive water improvement, including
water treatment plant, transmission main and pump station for an
intermunicipal water supply facility for the Towns of Dryden,
Ithaca and Lansing and the Village of Cavuga Heights, all in Tomp-
kins County, New York, and for the joint use and operation by the
said four municipalities pursuant 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 Municipal
Law; and
WHEREAS, the Town Board of the Town of Ithaca, Tompkins
County, New York, has heretofore had and taken proceedings pursuan
to the provisions of Article 12-C of the Town Law, establishing
the Town Wide Water Supply Benefited Area in said Town, to consist
of a comprehensive water improvement, including water treatment
plant, transmission main and pump station for an intermunicipal
water supply facility for the Towns of Dryden, Ithaca and Lansing
and the Village of Cayuga Heights, all in Tompkins County, New..
York, and for the joint use and operation -by the said four munici-
palities pursuant 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 Municipal Law; and
FiHEP.SAS, the Town Board of the Town of Lansing, Tompkins
County, New Mork, has heretofore had and taken proceedings pur-
suant to the Provisions of Section 202-b of the'Town Law providin
nor the increase and improvement of the facilities of Water Distr
No. 1 and -the McKinney Water District in said Town, to consist of
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j a oomprehensive water improvement, including water treatment plan ,
transmission main and pump station for an intermun*cipal water
supply facility for the Towns of Dryden, Ithaca and Lansing and
the Village of Cayuga Heights, all in Tompkins County, New York,
and for the joint use and operation by the said four municipali-
ties pursuant to an agreement of municipal cooperation to be en-
tered into by and between the said Towns and the said Village,
pursuant to Article 5-0 of the General Municipal Law= and
WHEREAS, the Board of Trustees of the Village of Cayuga
j Heights, Tompkins County, New York, has heretofore had and taken •
proceedings pursuant to the provisions of Article 11 of the Village
Law authorizing the establishment of a water supply system in and
for said Village, to consist of a comprehensive water improvement
d including water treatment plant, transmission main and pump sta-
tion for an intermunicipal water supply facility for the Towns of .
bryden, Ithaca and Lansing and the Village of Cayuga Heights, all
in Tompkins County, New York, and for the joint use and operation
by the said four municipalities pursuant to an agreement of Muni-
cipal cooperation to be entered into by and between the said Town
and the said Village, pursuant to Article 5-G of the General Muni
cipal Lawl and
WHEREAS, following the completion of 'the aforesaid pro-
ceedings, for purposes of implementing the same, said Towns of
Dryden, Ithaca and Lansing and Village of Cayuga Heights have
entered into a municipal cooperation contract pursuant to Article
5-G of the, General Municipal Law entitled "Agreement of Municipal
Cooperation for Construction, Financing and Operation of an Inter
municipal Water Supply and Transmission System", made as the 21st
day of March, 1974, by and between said Towns and said Village on
behalf of the aforesaid water districts, water supply benefited
area and Village as the case may be; and
WHEREAS, in order to provide for the financing of the
costs of the aforesaid water supply improvement, the aforesaid
four municipalities adopted a bond resolution entitled%
"A RESOLUTION AUTHORIZING THE JOINT CONSTRUCTION OF A
WATER SUPPLY SYSTEM TO SERVE JOINTLY VARIOUS AREAS IN
THE TOWNS OF 'DRYDEN, ITHACA AND LANSING AND THE VILLAGE
j OF CAYUGA HEIGHTS, IN THE COUNTY OF TOMPKINS, NEW YORK,
l AT A TOTAL ESTIMATED COST.OF NOT EXCEEDING $4,150,000,
j INCLUDING INCIDENTAL EXPENSES IN CONNECTION THEREWITH AND
AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $4,150,000
JOINT SERIAL BONDS OF SAID TOWN OF DRYDEN, SAID TOWN OF
ITHACA, SAID TOWN OF LANSING AND SAID VILLAGE OF CAYUGA
i HEIGHTS, ALL IN TOMPKINS COUNTY, NEW YORK.",
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on the following dates: -
Town of Dryden April 9, 1974
° Town of Ithaca - June 10, 1974
Town of Lansing - Apr!il 9, 1974
Village of Cayuga Heights - April 29, 19741
and
WHEREAS, it now appears that in order to contract for the
construction of the aforesaid water supply improvement it will be
necessary to incur $1,920,000 of expenditures in addition to the
$4,150,000 heretofore estimated as the maximum cost thereofl and
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WHEREAS, on the basis of
and taken by the aforesaid four
to provide for the financing of
FORE, BE IT
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supplementary proceedings had
municipalities, it is now desired
such additional costal !ION, THE!!E
RESOLVED, by the Town Board of the Town of
kins County, New York, if the within resolution in
is adopted, approved and made effective by the Town
Town of Lansing, and the Village of Cayuga $eights,
Section 1. The specific object or purpose of the Town of
Dryden, e�own of Ithaca, the Town of'Lanaing and the Village
of Cayuga Heights, all in Tompkins County, New York, for which
the bonds herein authorized are to be issued is the joint constru
tion of a comprehensive water improvement consisting of an intake
plant at Lake Cayuga in the Town of Lansing, a water 'treatment
plant and raw water pump station,'force mains, plant and pump eta
tion road and a transmission main to the Village of CayYuga Neight
for an intermupicipal water supply facility for the point use and
operation by the aforesaid four municipalities, including origin,&
furnishings, equipment, machinery and apparatus and the acquisi-
tion of necessary land and righta in land therefor, as .heretofore
authorized by a joint bond resolution adopted as set forth in the
preambles hereof.
Section 2. The maximum estimated cost of
specific object or purpose is hereby determined to
(an increase of $1,920,000), and the plan for the
of is as follows:
a)
b)
the aforesaid
be $61070.,000
financing ther,
By the issuance of joint obligations of the Town
of Dryden, the Town of Ithaca, the Town of Lansing
and the Village of Cayuga Heights in the principal
amount of not exceeding $4,150,000, as authorised
by the joint bond resolution heretofore adopted•by
said municipalities described in the preambles
hereoff.and
By the issuance of $1,920,000 additional joint
obligations which shall be evidenced by joint
serial bonds of said Towns and said Village hereby
authorized to be issued in accordance with and
subject 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 issu-
ance of joint bond anticipation notes of 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
Local Finances 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 said muni-
cipalities shall bear to the total consumption of water for the
entire joint water supply facility► which is estimated to be,
and for the purposes of determining gross indebtedness of each
of said municipalities in their respective debt statmants pur-.
suant to Section 15.10 of the Local finance Law and therefore the
amount to be allocated for the purpose of ascertaining each of th
respective municipalities' debt contracting powers, shall be as
follows,said allocation beAng'deemed to super;ede the earlier
allocation set forth in the provisions of the joint bond resolu-
tion described in the preambles hereof)
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Dryden
Ithaca
Lansing
Cayuga Heights
$ 141,916.60
3,342,445.50
1,639,689.10
945,948.80
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 authroized to be issued as among said
Towns and said Village, nor the manner of collection and payment
of annual debt service provided to be apportioned annually by said
Section 6. The Supervisors of said Towns and the Treasurer of sail
Village are hereby authorized and directed to act jointly to make
application to the State Comptroller for the allocation and appor-
tionment of said joint indebtedness in accordance with the.provis-
ions of this section and to perform all acts and furnish all infor
oration required in connection with such application.
Section 4. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is forty years pursuant to subidvision 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
authorized 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 t ih s section, the power to authorize 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 and contents
and shall be sold by said Supervisor in such manner as may be pre-
scribed 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 indebted-
ness of said Towns and.said Village and shall be executed in the
names of the Town of Dryden, the Town of Ithaca, the Town of Lans-
ing and the Village of Cayuga Heights, 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'Towni 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 Town Clerk of said
Town; and shall be signed by the Treasurer of.the Village of Cayug,
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. The chief fiscal officer of said Town of
Ithaca to whom is hereby delegated the power to authorize the issu
ante 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 participating muni
cipalities prior -to the issuance of the bond anticipation note or
notes authorized by such certificate.
Section 6. The faith and credit of 'said Town of Dryden,
Tompkins County, New York, said Town of Ithaca, Tompkins County,
New York, said Town of Lansing, Tompkins County, New York, and
said Village of Cayuga Heights, Tompkins County, New York, are
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hereby jointly pledged for the payment of the principal of and E
interest on said joint bonds as the same 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 hereinabove
referred to in the recitals of this resolution, on the ratio which
the consumption of water from the system in each of said munici-
palities bears to the full consumption from the entire intermuni- !
cipal water supply facility, such ratio to be annually determined
in accordance with the aforesaid agreement of municipal coopera !
tiont the share of said principal and interest to be borne by the
aforesaid Towns, shall -be annually assessed, levied and collected
within said Towns as follows:
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a) From the several lots and parcels of land in j
Water District No. 1 of the Town of Dryden, in !
proportion as nearly as may be to the benefit
which each lot or parcel of land therein will
derive therefrom.
b) From the several lots and parcels of land.in the
Town of Ithaca -Water Supply Benefited Area, in
proportion as nearly as may be to the benefit which k
each lot or parcel of land therein will derive there- j
from. {
c) From the several lots and parcels of land in Water
District No. 1 of the Town of Lansing, in proportion
as nearly'as may be to the benefit which each lot j
or parcel of land therein will derive therefrom. !�
d) 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.
The Village of Cayuga Heights shall annually levy and collect a j
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 j
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 Heights, shall be jointly subject to the levy of
an advalorem tax, without limitation as to rate or amount sufficie t
to pay the principal of and interest on said bonds as'the same be-
come due and payable.
Section 7. The validity of such joint serial bonds maybe
contest on y :
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
not substantially complied with, and an action, suit
or proceeding contesting such validity is commenced
within twenty days after the date.of publication, or
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3) Such joint bonds are authorized in violation of
the provisions of the constitution.
Section B. Upon the adoption of this resolution by each
if the a oresa Towns and the aforesaid Village, and the publica-
tion thereof with the notice provided in Section 9 hereof, the
.lerks of each such Town and such Village shall file with the
!lark cif each of the other Towns and of the Village a certified
:opy of this resolution and a printer's affidavit of publication
thereof with the notice required by Section 9 hereof.
Section 9. This resolution is adopted by the Village of
.ayuga He ghts subject to permissive,referendum and upon its takin
effect in and with respect to said Village, shall thereupon be
effective upon its adoption by the Town Boards of the aforesaid
Towns and, upon this resolution finally becoming effective, it
shall be published in full in the Rural News, the official news-
paper of the Town of Dryden, and in the Ithaca Journal, the offlci 1
newspaper of the Town of Ithaca, of the `Down of Lansing and of the
Village of Cayuga Heights, together with (i) a notice of the Town,
Clerk of the Town of Dryden in substantially the form provided in
Section 81.,00 of the Local Finance Law; (ii) a notice of the Town
Clerk of the Town of Ithaca substantially in said form (iii) a
notice of the Town Clerk of the Town of Lansing substantially in
said form, and (iv) a notice of the Village Clerk of the Village
of Cayuga Heights,substantially in said form4
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resulted as follows:
Councilman McElwee, voting Aye
Councilman Desch, voting Aye
Councilman Powers, voting Aye
Councilman Del Rosso, voting Aye
Supervisor Schwan, voting Aye
The resolution was thereupon declared duly adopted.
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STATE OF NEW YORK )
COUNTY OF TOMPKINS )
1, the undersigned Clerk of the Town of Ithaca, Tompkins
County, New York, DO HEREBY CERTIFYs
That I have compared the foregoing copy of the minutes of
the meeting of the Town Board of said Town, including the resolu-
tion contained therein, held on the 16th day of becember, 1974,
with the original thereof on file in my office, and that the some
4s a true and •correct copy of said original and of the whole of
said original so far as the same relates to the subject matters
therein referred to.
I FURTHER CERTIFY that all members of said Board had due
notice of said meeting.
IN WITNESS WHEREOF, I have hereunto not my hand and
affixed the seal of said Town,. this 19th day of December, 1974.,
'down Clerk
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