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HomeMy WebLinkAboutTB Minutes 1974-12-16 • II TCWN OF ITHACA SPECIAL BOARD MEETING December 16 , 1974 At a Special Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 100 East Green Street , Ithaca , New York , on the 16th day of December , 1974 , at 5 . 00 pom. . , there were PRESENT . Walter J . Schwan , Supervisor Noel Desch , Councilman Andrew T:1 * HcElwee , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman ALSO PRESENT . James V . Buyoucos , Town Attorney Barbara Holcomb , Planning Board Chairwoman Lawrence P . Fabbroni , ' Town Engineer BOLTON POINT WATER SUPPLY SYSTEM BOND RESOLUTION on ADDITIONAL $ 1 , 9200000 Supervisor Schwan read proposed bond resolution authorizing the issuW ance of not exceeding an additional $ 1 , 9 20 , 000 joint serial bonds of the Towns of Dryden , Ithaca and Lansing and the Village of Cayuga Heights to pay part of the cost of a water supply system . to be construc0 ted to serve jointly various areas in said towns and said village . After the reading of the proposed resolution , the Board acted as follows ° 4 ( SEE . ATTACHED BOND RESOLUTION ENTITLED . A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING AN ADDITIONAL $ 11920 , 000 JOINT SERIAL BONDS OF THE TOTINS OF DRYDE1410 ITHACA AND LANSING AND THE VILLAGE OF CAYUGA HEIGHTS , ALL IN T014PRINS COUNTY , NEIA1 YORK , TO PAY PART OF THE COST OF A WATER SUPPLY SYSTEM TO BE CONSTRUCTED TO SERVE JOINTLY VARIOUS AREAS IN SAID TOWNS AND SAID VILLAGE . ) AWARD OF CONSTRUCTION CONTRACTS FOR SOUTHEMT CAYUGA LAKE INTERMUNICIPAL WATER SUPPLY AND DISTRIBUTION FACILITIES ( BOLTON POINT PROJECT ) Supervisor Schwan :read a proposed '' resolution in the above * entitled matter and . the Board acted as follows . Motion by Supervisor Schwan ; seconded by Councilman Powers , WHEREAS , sealed bids for the construction of water supply and distribution facilities . for the Southern Cayuga Lake Intermunicipal, Treater Supply and Distribution Project have been received and opened at the time and place specified in the notice to bidders for submis Sion of proposals , duly published . and Lozier Engineers , Inc . ( the Project Engineers ) have examined the bid proposals and the contract documents , and have investigated the contractors submitting the lowest bids , and has considered any alternate types ' of construction offered in said proposals , and further have submitted their report and findings including the tabulation of the bids and . the names of the lowest re � sponsible bidders for the construction of said facilities in accordance with plans , , specifications and contract documents as prepared and filed by the Project Engineers ° and the Project Engineers have further i I I III I�Tinutes e 2 l December 16 , 1974 If recommended that in accordance with the 'provisions contained in saide ' contract documents certain omissions and changes may be made in the ! construction plans during the course of construction without changing materially the original design and plan and without lessening the , operational capacity of the project ' s facilities or the standards of compliance with applicable governmental requirements ,a and the Soathern Cayuga Lake Intermunicipal Commission has requested that this Board designate a person or persons to execute any such change orders upon the recommendation of the Project Engineers and the Commission , in , order that each change order need not be submitted for approval at a duly called meeting of the governing Board. of each municipality ° and WHEREAS , the Southern . Cayuga Lake Intermunicipal Water Com� mission has reviewed the bids and contract proposals and documents and the report , recommendations and findings of the Project Engineers if and has also determined that the persons ', or companies hereinafter named are the lowest ; responsible bidders and has recommended that , the bid proposals of said companies be accepted subject to compliance . with all applicable legal provisions , procedures and requirements , NOW , THEREFORE , IT IS RESOLVED � Section to That this Board finds and determines that the ! following are the lowest responsible bidders and proposals for the ; construction of the aforesaid water supply and distribution facilities ' in accordance with the aforesaid plans , specifications and contract documents . (A ) Contract G . H & P . Stewart & Bennett , Inc . , 714 -, West Clinton Street , , Ithaca , ,� hT . Yo in the amount of $ 4 , 140 , 355 ° 00 , ;determined as follows . � -= ( 1 ) Contract GPI $ 3 , 918 , 655 ° 00 ( ii ) Contract H 193 , 000o '00 ( iii ) Contract Pii 69 , 700000 II $ 4 , 181 , 355000 Less , a deduction for the Ii combined award �1 41 , 000 < 00 If Net Total $ 4 , 1400355o00 ( B ) Contract Eo To Ho Green Electric Co , , 235 Metro ;Park , Rochestery No Y . in the amount of $ 852 , 6006- 00 ( C ) Contract T . Masciarelli Construction Co . , Inc . 11 Second Street , Binghamton , No Yo , in the amount of $ 1 , 546 , 920 ° 00 jl ! ( D ) Contract T . Chemung Contracting Corp . , 105 . Chemung Place , Elmira , No Ye in the amount r- of $ 434 , 950000 ( E ) Contract So Chicago Bridge & Iron Co . 1 Wall St . , New York , No Ye 10005 , for Alternate Item S - lA- 1 , in the amount ' of g $ 272 , 500o00 , Total $ 71247 , 325000 Minutes 3 v December 16 , 1974 Section 2 . That the above proposals be accepted and that the contracts be awarded to the above ®named companies , as aforesaid ; that the Supervisor is hereby authorized to execute the aforesaid contract documents as prepared by the Project Engineers and the attorney for the Commission acting in behalf of the Towns of Dryden , Ithaca , and , Lansing , and the Village of Cayuga Heights and approved by the attor � if ney for each of said municipalities provided that the acceptance of said proposals by this Board shall not be effective until the contract documents have been duly executed and acknowledged by the authorized officer of each of the Towns of Dryden , Ithaca , Lansing and the Vil ° lage of Cayuga Heights and by the duly authorized officer of each of the above -named bidders and the contractor has supplied all items or documents required by . said contract documents , including duly executed security for performance % and material payments ( performance bonds , material payment bonds ) and insurance policies . Section 3 . That the Supervisor or his depute or any other ! person duly authorized by this Board is 'authorized to the extent per ® mitted by law , to execute , on behalf of this Board " ( i ) any change , orders which may from time to time be recommended or approved by the Project Engineers and the Southern Cayuga Lake Intermunicipal Water Commission acting in behalf of the four participating municipalities and ( ii ) any and all other documents which may be required from time to time to effectuate this resolution and the construction of the aforesaid Project ; subject to such restrictions and regulations as this Board may from time to time adopt provided that due notice there - , of shall be given to the ]Project Engineers , the Commission , and to Ir contractors performing work in this project . Unanimously carried . CONDEMNATION PROCEEDINGS TO ACQUIRE LANDS FOR THE SOUTHERN CAYUGA LAKE INTEP34UNICIPAL To4ATER SUPPLY AND DISTRIBUTION PROJECT Supervisor Schwan read a proposed resolution in the above - entitled matter and the Board acted as follows " Motion by Supervisor Schwan ; seconded by Councilman Desch , WHEREAS , (A ) it appears that it is necessary that the lands hereinafter described be acquired for the purpose of constructing improvements thereon , or otherwise using " the same , in connection with : the Southern Cayuga Lake Intermunicipal eater Supply and Distribution Project , ' the title thereto to be held jointly by the Towns of Dryden , Ithaca , Lansing and the Village of Cayuga Heights , and ( B ) The lands and interests therein to be acquired are located , in the Town of Lansing , and are the lands owned formerly by Fred Bush , now deceased , and are more particularly shown on the " Acquisition Map No . 11 " for the Water Tank Site and access easement over the lands of the said Bush Estate on Triphammer Road , and are more particularly described in the letter dated November 18 , 1974 --� from Walter J . Schwan , as Treasurer of the Southern Cayuga Lake Inter - municipal Water Commission to Robert S . Bush , Executor of the Estate of Fred Bush , NOW , THEREFORE , IT IS RESOLVED THAT * 1 . The offer to acquire said lands as contained in the aforesaid letter dated November 18 , 1974 ! is confirmed , and the Supervisor or his Deputy is authorized to execute any and all docu - ments required to accept title to the premises and easements therein described , and 2 . If said offer is not accepted , the Town of Ithaca , either separately or jointly with the Towns of Dryden and Lansing and the - Village of Cayuga Heights , shall commence and prosecute all actions i SUMMARY i� 1974 1975 1975 General Fund Town Wide Adopted Preliminary Adopted Appropriations 155 , 637 . 00 171 , 027 . 00 186 , 690 . 00 Unexpended Balance 171500 : 00 30 , 000 . 00 30 , 000900 Revenues 115 , 900900 112 , 150 . 00 127 , 850 . 00 Total to Raise in Taxes 22 , 237 . 00 28 , 8 . 00 28 , 840 . 00 Tax Rate . 298 . 374 . 374 �i General Fund ( Town Out ) & Highway Dept , Appropriations 194 , 616 . 00 211 , 833 . 00 227 , 333 . 00 Unexpended Balance 26 , 000900 91000 . 00 29 , 000 . 00 Revenues 87 , 4'530- 00 . 115 , 869 . 00 115 , 869 . 00 Total to Raise in Taxes 81 , 163 . 00 86 , 964 . 00 82 , 464 . 00 Tax Rate 1 . 639 19663 1 . 592 Fire Protection Contract Cost Village 13 , 5010 . 00 131500 . 00 17 , 525 . 00 Contract Cost City of Ithaca 601000 . 00 60 , 0009:00 . 136 , 500 . 00 Total Fire Cost (Appropriations ) 73 , 500900 73 , 500 . 00 154 , 025 . 00 FIRE Tax Rate 194619 19386 2 . 906 Lighting ' Forest Home Lighting Appropriations 700 . 00 700 . 00 700 . 00 Unexpended Balance 300900 50 . 00 50900 Revenues - '---- _ . 0 .0 _. _ fl 0 I � . 0 0 . . Total-°�to _ Raise. .:- in • _Taxes 400 . 00 - - 650 . 00 650 . 00. Tax Rate . 281 = 9456 . 456 Glenside Lighting 300 . 00 300900 300 . 00 Unexpended Balance - - 200 . 00 200 . 00 200 . 00 Revenues . 00 : 00 000 Total to Raise in Taxes W10,0000 100 . 00 000 00 Tax Rate . 316 . 315 9316 Renwick Heights Lighting 38;'5 . 00 385 . 00 385 . 00 Unexpended Balance x . 00 000 . 00 - Revenues _ _ _ _ . 00 000 . 00 Total to Raise in Taxes ` 385 . 00 385900 385 .00 Tax Rate 9441 . 440 9440 Village - (-Town Wide ) Tax w Rate 0298 . 374 _ . .3174 Town ( Outside ) Tax Rate 1 . 937 29037 1 . 966 Water Benefit - Roll - $ 105 , 284974 Water Surcharge - ( Est . ) - 28 , 080 . 00 Sewer Benefit - Roll - $ 199 , 189 . 58 Sewer Surcharge - ( Est . ) - 4 , 386 . 00 i Minutes - a - December 16 , 1974 l or proceedings under the Condemnation Lana , or other applicable laws of New York , to obtain title to said lands and easements and the ! Supervisor or his Deputy is authorized to sign or verify any and all if , pleadings or process or other documents an said proceeding , and 3 . The negotiations to acquire said lands and interests ir , therein shall be conducted by the Southern Cayuga Lake Intermunicipal Water Commission and its counsel , and. the said Commission and its , counsel are hereby authorized to prepare all pleadings , make investi - gations , obtain witnesses , and otherwise ,jpjepare for and - conduct the ' trial of any action or proceeding in condemnation of such lands . . The ! Chairman or Treasurer of the Southern Cayuga Lake Intermunicipal Water Commission is authorized to verify any pleading or process in any such proceeding as the. agent of this Board ; I 4 . In addition , -the Treasurer or the Chairman of the said Commission or other persons authorized by the Commission , and the , counsel for the Commission , are authorized to conduct all other nego ® tiations to acquire any other lands or easements as the Commission and the Project Engineers - shall deem necessary , based upon the plans and specifications and to have the value thereof appraised by competent : appraisers , subject to final approval byllthe four participating muni - cipalities , but this provision is not intended to delegate any rights or powers which cannot be delegated by this }Board , nor does this pro - vision grant to ' the Commission any status as a party to any condemna - ? tion action or proceeding , 5e In addition , the Supervisor or 1 his Deputy , are authorized either separately , in behalf of this municipality , or jointly with the , other actions or proceedings under the Condemnation Law or other New , York law to acquire all owither lands , easements or other interests ; therein which may be required for the purposes of this Project and as recommended by the Commission and the Project Engineers , Unanimously carried . RATIFICATIO11 OF MODIFICATION OF AGREET1051T OF MU�TICIPAL COOPERATION Supervisor Schwan read the proposed resolution in the above matter and the Board acted as follows ° Motion by Councilman Desch * seconded by Supervisor Schwan , WHEREAS , the cost of the Water Supply Project has been in - creased and such increase has been duly approved by the Boards of the four municipalities of the said Project in accordance with applicable , legal procedures and , as a result , it is necessary to revise the Agree ; meat of Municipal Cooperation heretofore ; executed by the said munici ® pali. ties , and the Southern Cayuga Lake Intermunicipal Water Commission has caused the necessary revisions of the said Agreement to be made and has recommended the execution of allllsuch revisions * the said re visions are set forth in the document entitled " Modification of Agree - ment of Municipal Cooperation for Construction , Financing and Opera - ition of an Intermunicipal Water Supply and Transmission System , " now I £ iled with this Board and which will be dated as of December 16 , 1974 , F1_ NOW , THEREFORE , I'.r IS RESOLVED o That all such revisions and the said Agreement , as revised , , are .hereby ratified and the Supervisor or his Deputy are hereby ; authorized to execute any such revisionslor the entire Agreement as so revised . It Unanimously carried . l II . Ifl i Minutes 5 �- December 16 , I974 I EN INEERING AGREE ENT ( BOLTO�`I POINTM ) AND PAYMENT TO LONER PaNGINEFRS , IIIC o . 1 I� Supervisor Schwan read proposed resolution in the above , matter and the Board acted as followse Notion by Supervisor Schwano seconded by Councilman McElwee , RESOLVED , that the contract between the Town of Dryden , Ithaca and Lansing , and the Village of Cayuga Heights , and Lozier Engineers , Inc . dated as of the 2nd day of December , 1974 , as finally revised is ! ratified and approved , and I h IT IS FURTHER RESOLVED , that the !Isum of $ 100 , 000 be paid to Lozier Engineers , Inc . , on account of services rendered by said ; Engineers . II Unanimously carried . BID ON PICK®UP TRUCI. Proof of posting and publication of the Advertisement for Bids on a F � 100 Pick-up Truck , having been presented , the Supervisor noted ' that only one bid had been received from Cayuga Ford , Inc '. , 415 � N . Triphammer Road , , Ithaca , N . Yo in the amount of $ 4 , 364 . 74 , less $ 200 . 00 Trade ° in on 1956 FE 100 Pickup , fcr a net bid of $ 4 , 164 , 74 , In view of the fact that there " was only one bid , it was the } ! sense of the Board that the 'bid should be rejected and the Pickup Truck re � advertised . i u Motion by Councilman Descho seconded by !Councilman McElwee , ; RESOLVED , that the bid received from Cayuga Fora. , Inc . on an Fa100 ' Pickup Truck , in the amount of $ 4 , 364 . 74; less $ 200. . 00 trade ° in , ! net bid $ 47164 . 74 , be rejected and that "the Pickup Truck be re ° ! advertised . Unanimously carried . ii NIENDMEFT TO THE TOI'JN OF ITF"ACA ( TRAFFIC OADINANCE ( CIO PARKING ) I Hr . Lawrence P . Fabbroni , Town Eingineer , recommended that the ! Town Board conduct. a public hearing at15 30 p . m . on Monday , January 13 , 1975 for the purpose of hearing all persons for and against a pro - ' posal, to amend the Town of Ithaca Traffic Ordinance by adding to I� Section 1 ( i ) Parking Vehicles section ( g ) and ( h ) as follows ° i l " ( g ) on the south side of Mitchell Street from the Town of Ithaca line easterly to Pine Tree Road , ( h ) on the north side of Mitchell Street from the Town of Ithaca line easterly to Judd Falls Road . " ir I Motion by Supervisor Schwan ; seconded byjlCouncilman Powers , RESOLVED , that the Town Board of the Town of Ithaca conduct a public ; hearing at 5x30 p . m . on January 13 , 1975 for the purpose of hearing ' all persons for and against a proposal to amend the Town of Ithaca ; Traffic Ordinance with respect to parking vehicles in the areas in - dicated in rlr . Lawrence P . Fabbroni ° s recommendation above . Unanimously carried . III " I II II Minutes m 6 m �I December 16 , 1975 I I� SPECIFICATIONS ON I.TEW CABS AND CHASSIS , BODY AND HOIST , AND MATERIAL SPREADER The Board reviewed specifications for a new cab and chassis , body and hoist , and material spreader prepared by Robert E . Parking , Highway Superintendent . It appeared thaljt after reviewing the speci � fications the Board still had some questions they wanted to put to Mr . Parkin . Since Mr . Parkin was not present , the Board tabled the specifications and agreed to reconsider gthem again at the meeting of IDecember 31 , 1974 when 11re Parkin wouldlbe present . I I, ADJOURNMENT The meeting was adjourned to December 31 , 1974 . I ✓ Edward L . Bergen Town'! Clerk ,I . I I li I III Ili I III . I I I, I j III I �I �I I I I I I'I I ` I III III II III i I lil4 i 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 Street , in the City of Ithaca , New York , on the ` 16th day of December , 1974 at :. 5 : 00 o ' clock P . M . , Eastern Standard Time . , I PRESENT : Walter J . Schwan , - Supervisor Andrew W . McElwee , - Councilman ---� Noel Desch , Councilman { Victor Del Rosso , Councilman Robert N . Powers , Councilman The following resolution was offer'-` ed by Walter -J . _ _ :Schwan , Supervisor,:, who_ moved ' its-. - adopt i.on ,-- :seconded - -by -Andrew TAI. .: - McElwee ., Councilman ,.. j BOND RESOLUTION- DATED Mecember :1--6 --- =1.9-74 A RESOLUTION AUTHORI.ZING '� T-HE . ISSUANCE _ OF _ NOT EXCEEDING AN ADDITIONAL $ 1 , 9201000 JOINT SERIAL BONDS OF THE TOWNS OF DRYDEN , ITHACA AND LANSING AND THE VILLAGE OFi'! CAYUGA HEIGHTS , ALL IN TOMPKINS - COUNTY- NEW:.-.YORK ,_a;TO -,T—Y -,TA THE COST' ° OE' A WATER' S:UPPLY .j ,SY.STEP4`--TO -BE:-CONS SAID(rT0']1�TS.�ANDRSAIDOVhLhP;GEARIC)US 'TAPtEAS�Ir] _ . - II WHE _ .A EAS , the Town Board of the TowP` n 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 waterlimprovement , 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 ,yof_ 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 " Areaiif in said Town , to consist of a comprehensive water improvement ; including water treatment plant , transmission main and pump station 'lifor an intermunicipal water supply facility for the Towns of Dryden , Ithaca and Lansing and the Village of Cayuga Heights , all in 'iTompkins 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 j r TTHEREAS , the Town Board of the Town of Lansing , Tompkins County , Neer York , has heretofore had '� and taken proceedings pur - suant to the orovis :ions of Section , 202 - b of the Town Law providing jk for the increase and improvement of the facilities of Water Distri t No . . l and the -McKinney Water District in said Town , to consist of IG i 2 - a comprehensive water improvement , including water treatment plantr 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 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 - G of the General Municipal Law ; and WHEREAS , the Board of Trustees of the Village of Cayuga Heights , Tompkins County , New York , ' has heretofore had and taken proceedings pursuant to the provisions of Article 11 of the Villa e Law authorizing the establishment of a water supply system in and for said Village , to consist of a ', comprehensive water improvement including water treatment plant , transmission main and pump sta - tion 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 municipalities pursuant to an agreement of muni cipal cooperation to be entered into . by and between the said Town and the said Village , pursuant toJArticle 5 -G of the General Muni cipal Law ; 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 OF CAYUGA HEIGHTS , IN THE " COUNTY OF TOMPKINS , NEW YORK , AT A TOTAL ESTIMATED COST OF NOT EXCEEDING $ 4 , 150 , 000 , 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 HEIGHTS , ALL IN TOMPKINS COUNTY , NEW YORK , " , on the following dates : Town of Dryden April 9 , 1974 Town of Ithaca June 10 , 1974 Town of Lansing April 9 , 1974 Village of Cayuga Heights April 29 ; 1974 ; 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 thereof ; and i I WHEREAS , on the basis of supplementary proceedings had and taken by the aforesaid four municipalities , it is now desired to provide for the financing of - such additional costs ; NOW , THERE FORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tomp- kins County , New York , if the within resolution in identical form is adopted , approved and made effective by the Town of Dryden , th Town of Lansing , and the Village of Cayuga Heights , as follows : Section 1 . The specific object or purpose of the Town of Dryden , the Town of Ithaca , the Town of Lansing 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 sta tion road and a transmission main to the Village of Cayuga Height for an intermunicipal water supply facility for the joint use and operation by the aforesaid four municipalities , including original furnishings , equipment , machinery 'and apparatus and the acquisi - tion of necessary land and rights ' 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 the aforesaid specific object or purpose is hereby determined to be $ 6 , 070 , 000 ( an increase of $ 1 , 920 , 000 ) , and the plan for the financing there - of is as follows . a ) By the issuance of joi"nt. 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 authorized --= by the joint bond resolution heretofore adopted by said municipalities described in the preambles hereof ; and b ) 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 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 said muni - cipalities shall bear to the to tal ' 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 statements 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 being deemed to supersede the earlier allocation set forth in the provisions of the joint bond resolu tion described in the preambles hereof : I 4 - Dryden $ 1411916 . 60 Ithaca 3 , 342 , 445 . 50 Lansing 1 , 639 , 689 . 10 Cayuga Heights 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 pay:,lent 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 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 mation 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 this 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 I _ bond anticipation notes shall be of such terms , form and contents I 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 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 Towns 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 ance ' 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 �I i i 5 hereby jointly pledged for the payment of the principal of and 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 tion , 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 : a ) From the several lots and parcels of land in 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 4lots and parcels of land in the Town of Ithaca Water Supply Benefited Area , in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive there - 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 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 F11 the same time and . in the same manner as other Town charges . 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 . 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 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 . i Section 7 . 'The validity of. such joint serial bonds may be contested only if : 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 i 1 , i 4 6 , - I 3 ) Such joint bonds are authorized in violation of the provisions of the constitution . I Section 8 . Upon the adoption of this resolution by each of the aforesaid Towns and the aforesaid Village , and the publica - tion thereof with the notice provided in Section 9 hereof , the Clerks of each such Town and such Village ' shall file with the Clerk of each of the other Towns and ! of the Village a certified copy of this resolution and a printer ' s affidavit of publication thereof with the notice required ed b Y Section 9 hereof . Section 9 . This resolution is adopted by the Village of Cayuga Heights subject to permissively 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 offici 1 newspaper of the Town of Ithaca , of the Town 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 , Laws ( 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 form . The question of the adoption ` of the foregoing resolution was duly put to a vote on roll call , " which resulted as follows : Councilman McElwee , 11 voting Aye Councilman Desch , voting Aye Councilman Powers , voting Aye Councilman Del Rosso , voting Aye Supervisor Schwan ; voting Aye I The resolution was thereupon declared duly adopted . i I I . I I I� t III I 7 - STATE OF NEW YORK ) n ss COUNTY OF TOMPKINS ) I , the undersigned Clerk .of the Town of Ithaca , Tompkins County , New York , DO HEREBY CERTIFY : 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 December , 1974 ; with the original thereof on file in ' my office , and that the same is a true and correct copy of said original and of the whole of said original so fair 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 set my hand and affixed the seal of said Town , this 19th day of December , 1974 . Town Clerk I S E A L