HomeMy WebLinkAboutTB Minutes 1979-06-25 5
TOWN OF ITHACA
ADJOURNED BOARD MEETING
June 25 , 1979 - 5 : 30 p . m .
At an Adjourned Meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town Offices at 126 East
Seneca Street , Ithaca , New York , at 5 : 30 p . m . , on the 25th day
of June , 1979 , there were
,. � PRESENT : Noel Desch , Supervisor
Andrew W . McElwee , Councilman
Robert N . Powers , Councilman
Catherine Valentino , Councilwoman
Shirley Raffensperger , Councilwoman
ALSO PRESENT . James V . Buyoucos , Town Attorney
Gust L . Freeman , County Representative
Jean Swartwood , Understudy Town Clerk
Janet Jonson , 113 Burleigh Drive
Ivar Jonson , 113 Burleigh Drive
Robert Schwarting , 112 Park Lane
George C . Kugler , 101 Pineview Terrace
Representatives of the Media :
Molly Cummings , ,;WTKO
Barbara Mink , WHCU
Carol Eisenberg , Ithaca Journal
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ABSENT : Victor Del Rosso , Councilman
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APPOINTMENT TO FILL VACANCY ON TOWN BOARD
Supervisor Desch recalled that a vacancy was created on
the Town Board by the resignation of Mr . Gust L . Freeman and
candidates were discussed at the Board ' s last meeting . The Super -
visor introduced Mr . George Kugler . He noted that some of the
Board members had by now had an opportunity to meet Mr . Kugler
and talk with him .
RESOLUTION NO . 120 , 1979
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that Mr . George Kugler , 101 Pineview Terrace , be , and
he hereby is appointed to the Town Board of the Town of Ithaca
to fill the vacancy created by the appointment of Mr . Gust L . Freeman
to the County Board of Representatives , said appointment of Mr . Kugler
to run through December 31 , 1979 , and Mr . Kugler will stand for elec -
tion in November of 1979 .
Roll call voted resulted as follows %
Councilman Powers Aye
Councilman McElwee . . . . . . . . . . . . . . . A-ye
Councilwoman Valentino . . . . . . . . . . Aye
Supervisor Desch Aye
Councilwoman Raffensperger . . . . . . Abstain
The motion was thereupon declared duly adopted .
A
,�, S, S�
Town Board Minutes - 2 - June 25 , 1979
APPOINTMENT TO . THE
ENVIRONMENTAL MANAGEMENT COUNCIL
Supervisor Desch reported that he had a letter from Prof .
Richard B . Fischer , 135 Pine Tree Road , advising that he will be
on leave from Cornell University until February 1 , 1980 , and request-
ing that the Board appoint someone to replace him as the Town ' s
representative on the Environmental Management Council . The Super-
visor reported that Mr . Robert Schwarting , 112 Park Lane , has ex-
pressed an interest in serving during Prof . Fischer ' s absence .
RESOLUTION N0 . 121 , 1979
Motion by Supervisor Desch ; seconded by Councilman Powers ,
RESOLVED , that Mr . Robert Schwarting , 112 Park Lane , be , and he
hereby is appointed as the Town of Ithaca ' s representative on the
Environmental Management Council to serve until the return of Prof .
Richard B . Fischer on February 1 , 1980 .
( Raffensperger , Valentino , McElwee , Powers , and Desch voting Aye .
Nays - none )
APPOINTMENT TO EXECUTIVE COMMITTEE
OF THE HUMAN SERVICES COALITION
Supervisor Desch recalled that Councilwoman Valentino has
asked to be replaced on the Executive Committee of the Tompkins
County Human Services Coalition because of a number of conflicts
she has with other committee meetings and her work at Cornell
University . The Town has been seeking a replacement for some time .
Discussion with Mr . Schwarting indicated that his wife , Anne A .
Schwarting who has been involved with the Community Resources
Development Council ( under Cooperative Extension ) is willing to
serve .
RESOLUTION NO . 122 , 1979
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that Mrs . Anne A . Schwarting of 112 Park Lane , Ithaca ,
New York , is hereby appointed as the Town of Ithaca Representative
on the Executive Committee of the Tompkins County Human Services
Coalition .
( Raffensperger , Powers , McElwee , Valentino , and Desch voting Aye .
Nays - none )
REVIEW OF NEWSLETTER
Supervisor Desch distributed copies of the proposed Town
Newsletter to the Board members and asked for comment .
Councilwoman Valentino suggested that the appointments
made at this meeting ought to be noted . Councilwoman Raffensperger
suggested that mention should be made of the fact that there will
be summer day camp at Northeast and Glenwood Schools starting in
July and running into August . Other suggestions were made , and
the Supervisor said he would incorporate as many of the suggestions
as possible , possibly removing items of lesser priority .
The proposed Newsletter , with the recommended additions ,
was approved .
Town Board Minutes - 3 - June 25 , 1979
COMMUNICATION - Cayuga Bird Club
Supervisor Desch reported he had received a letter from
Mr . John " Confer , President of the Cayuga Bird Club , commending
the Town Board . for its action in proposing to acquire a portion
of the East . Ithaca/Freeville Lehigh Valley Railroad property which
is being abandoned . Mr . Confer also stated that the Cayuga Bird
Club stands ready to assist the Town in the improvement and main -
tenance of the area to be acquired .
INTERMUNICIPAL AGREEMENT
The Board reviewed what Supervisor Desch hoped would be
the final draft of the intermunicipal water agreement ( Bolton
Point water system ) . He said the agreement provides , basically ,
for the membership of the Village of Lansing with two votes on
the Commission . He reviewed with the Board the differences in
the current draft of June 5 , 1979 , from the draft of December 51
1978 . The two primary changes , he said , were wording with respect
to the annexation proceeding between the Town of Landing and the
Village of Lansing ; and the provision for zoned billing . He noted
that the present draft does not include another matter which has
been under consideration for some time - - the proposed consolidation
of Project I and Project II .
Councilman McElwee called attention to the fact that the
agreement has no reference to charges where sprinkler systems are
in use . There was some discussion of the sprinkler matter . After
the discussion , Supervisor Desch said that the Commission would be
encouraged to proceed with the studies involved in the consolidation
of Projects I and II and to complete the work involved with changing
the benefit formula to include benefits derived from sprinkler ser -
vice .
-- Supervisor Desch reviewed with the Board the rationale in -
volved in the consolidation of .Projects I and II . There was also
some discussion with respect to the Bolton Road .
The Supervisor indicated that the primary action to be
taken at this time is the approval of the draft of agreement to
include the Village of Lansing .
RESOLUTION N0 . 123 , 1979
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , that this Town Board hereby approves the draft inter -
municipal agreement entitled " AMENDED , SUPPLEMENTAL , RESTATED AND
CONSOLIDATED AGREEMENT OF MUNICIPAL COOPERATION FOR CONSTRUCTION ,
FINANCING AND OPERATION OF AN INTER-MUNICIPAL WATER SUPPLY AND
TRANSMISSION SYSTEM , dated June 5 , 1979 , to include the Village
of Lansing .
( Kugler , Valentino , Raffensperger , Powers , Del Rosso , McElwee ,
and Desch voting Aye . Nays - none )
In view of the discussion with regard to the matter
of the consolidation of Projects I and II and the sprinkler
matter , the Board acted as follows .
RESOLUTION NO . 124 , 1979
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
WHEREAS , the matter of the consolidation of Project I
and Project II ( Bolton Point ) was not considered in the revision
of the intermunicipal agreement involving the membership of the
Village of Lansing , and
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AMENDED , SUPPLEMENTAL , RESTATED AND
CONSOLIDATED AGREEMENT OF MUNICIPAL
COOPERATION FOR CONSTRUCTION , FINANCING
AND OPERATION OF AN INTER-MUNICIPAL
WATER SUPPLY AND TRANSMISSION SYSTEM
THIS AGREEMENT of municipal cooperation , as amended ,
restated and consolidated as of this 5th day of June. , 1979
between the TOWN BOARD OF THE TOWN OF DRYDEN , Tompkins County ,
New York , on its own behalf and on behalf of DRYDEN WATER
DISTRICT 1 ( hereinafter referred to as " Dryden " ) , the TOWN
BOARD OF THE TOWN OF ITHACA , Tompkins County , New York ( herein-
after referred to as " Ithaca " ) , the TOWN BOARD OF THE TOWN OF
LANSING , Tompkins County , New York , on its own behalf and on
behalf of McKINNEY ' S WATER DISTRICT ( hereinafter referred to
as " Lansing Town " ) , the VILLAGE OF LANSING on its own behalf
and as successor to LANSING WATER DISTRICT I ( hereinafter referre
to as " Lansing Village " ) , and the VILLAGE OF CAYUGA HEIGHTS ,
Tompkins County , New York ( hereinafter referred to as " Cayuga
Heights " ) , all of the parties hereto sometimes collectively
or individually referred to hereinafter as " municipalities "
or " municipality . "
WITNESSETH :
WHEREAS , the above named municipalities have undertaken
to study the desirability and feasibility of providing water
services to the inhabitants of all or a part of each of the
above named municipalities ; and
WHEREAS , Lozier Engineers , Inc . have prepared two engi-
neers ' reports , one entitled " Engineers ' Report on Proposed Water
Supply Facilities , Including Water Treatment Plant , Transmission
Main and Pumping Station " , dated June , 1972 and supplemented by
an addendum dated September , 1972 ( the project referred to in
JYOUCOS & BARNEY said report and addendum being hereinafter referred to as " Pro-
ATTORNEYS AT LAW ject I " , and the . report and addendum together being referred to
SAVINGS BANK BUILDING
ITHACA. NEW YORK ItSSO
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as " Report on Project I " ) and a second report entitled " Engineers '
Report on Proposed Water Transmission Facilities , Including Water
Transmission Mains , Booster Station and Storage Tank " dated June ,
1972 , as supplemented by an addendum dated March , 1973 , reducing
the scope of the initial project ( the project referred to in
said second report as supplemented being hereinafter referred to
as " Project - II " and the report and addendum on said project being
hereinafter collectively referred to as " Report on Project II " ;
and
WHEREAS , the above named municipalities , pursuant to
the authority contained in Article 5G of the General Municipal
Law of the State of New York and in Title 1 -A of the Local
Finance Law and pursuant to the authority granted generally to
municipalities and water districts wish to provide for the con-
struction , operation , maintenance and financing jointly of the
water supply and transmission systems set forth in the fore -
going reports ; and
WHEREAS , the parties hereto believe that the benefits
to be conferred by the construction and operation of the afore -
said projects will permit assurance of adequate water supply
for the parties hereto for their existing needs , will permit
growth of areas of several of the parties hereto and provide ,
water - for such growth , will permit improvement of water service
to several of the parties hereto , and , in general , will assure
a safe and adequate supply of water for the foreseeable future
for each and all of the municipalities and districts that are a
party hereto ; and
WHEREAS , pursuant to the foregoing desires , Dryden ,
Ithaca , Lansing Town ( acting at that time for Lansing Water
and Cayuga Heights
District 1 as well as for itself and McKinney ' s Water - District) / ,
WYOUCOS 8 BARNEY
ATTORNEYS AT LAN• prior to the incorporation of Lansing Village , entered into an
SAVINOS BANK BUILDING -
FTHAG, NEW YORK 14570 Agreement of Municipal Cooperation for Construction , Financing
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and Operation of an Inter-Municipal Water Supply and Transmission
System dated as of February 25 , 1974 , which Agreement was modi-
fied by a Modification of Agreement of Municipal Cooperation for
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Construction , Financing and Operation of an Inter-Municipal
! Water Supply and Transmission System dated as of December 16 ,
! 1974 and by a Written Agreement as to Water Rate Schedule dated
as of December 1 , 1976 ; and
WHEREAS , the Projects contemplated by the foregoing
agreements and modifications have been substantially constructed
and are now in operation ; and
WHEREAS , bonds have been issued for the financing of
said Projects and repayment of the indebtedness represented by
said bonds is about to commence ; and
WHEREAS , since the original agreement and first modifi-
cation thereoZ Lansing Village has been incorporated and ,
to the extent permitted by law , the
pursuant to law , has assumed the governance , operation and /
1
liabilities of former Lansing Water District 1 ; and
WHEREAS , the parties wish to include Lansing Village on
the governing board of the Projects and , as a party to all agree -
ments relating thereto ,, and Lansing Village wishes to be so
included ; and
WHEREAS , all the parties wish to further amend the
agreements to reflect current circumstances , and wish to
restate and consolidate all previous agreements into one new
restated agreement ;
NOW , THEREFORE , in consideration of the premises and
provisions hereinafter set forth the parties hereto mutually
agree as follows :
1 . Creation of Commission . There ' is hereby created
an executive body to be known as the " Southern Cayuga Lake
Inter-Municipal Water Commission " ( hereinafter referred to as
1YOUCOS & BARNEY
TNACA, NEW YORK 148501 the " Commission " ) . Said Commission shall consist of ten
ATTORNEYS AT LAW
GAYINGS BANK BUILDING
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members . Each party hereto shall appoint two members to the
Commission . Of the members so appointed , at least one member
from each of the parties shall be from the governing body of
the appointing party . The members of the Commission shall serve
at the pleasure of the appointing party . The Commission shall
elect its own chairman , vice - chairman , secretary and treasurer
provided , however , that the treasurer must be a fiscal officer of
one of the municipalities that is a party to this agreement . A
'quorum shall consist of a majority of the appointed members of
the Commission . Except as otherwise provided herein , by law , or
the . votes o £ . a majority of the
1 y regulation of the Commission , /members present at any meeting
, shall be necessary for any affirmative action of the Commission .
The Commission , insofar as is permitted by law , shall have the
ifollowing powers and duties :
( a ) The overall responsibility for and supervision of
the construction , operation , maintenance , management of , and re -
_ !payment of indebtedness incurred for , Projects I and II . Without
( limiting the foregoing , the Commission shall
( i ) Arrange for engineering services , acquisition
of necessary lands and rights of way , preparation of bid
specifications , letting of bids , arranging and supervising
or contracting with public or private corporations
-construction , hiring of appropriate personnel/ to manage ;
service
/ and operate the projects , assessing to each party to this
agreement the portion of costs allocable to each party for
the retirement of indebtedness and the costs of operation
and maintenance in the manner hereinafter set forth ,
prepare budgets from which the foregoing assessments can
be made , and provide for the acquisition of supplies ,
equipment , materials and labor necessary to construct ,
operate and maintain Projects I and II .
IYOUCOS & BARNEY ( ii ) Apply to the appropriate governmental authorities
ATTORNEYS AT LAW
including the United States Government and the government
:AVINGS BANK BUILDING
TNACA, NEW YORK 14030
of the State of New York , for such
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financial and other aid ( including loans or grants )
that may be available for Projects I and II .
( iii ) Establish such rules and regulations as
it deems advisable relating to the operation of
Projects I and II , including , without limitation ,
rules and regulations relating to required plumbin ;
inspections prior to connection to the system , and
rules for handling emergency breaks in . lines server,
by Projects I and II .
( iv ) Provide for ' the enforcement of its
rules and regulations .
( v ) In the event of breaks in lines ( whether
in , lines included in Projects I and II or lines
served . by the projects ) be empowered to shut off
water to all or any part of a municipality pending
completion of appropriate repairs by the Commission
or by the municipality involved to the satis factie-
of the Commission .
( b ) To hire its ovan personnel or in lieu thereof -:.:
contract with any of the parties hereto or any other munici -
pality or governmental agency or political subdivision for
vision of personnel services , use of equipment , use of sup;•= = ? s ,
etc . , and the costs of such contract shall be ' pncluded in 1-
of the operation of the projects that shall be assess ��
cost p P J _ �
1
against the parties hereto in the manner hereinafter set fc'•
( c ) To make capital improvements to the projects
and after . completion . of initial construction subject to the
approval and authorization of all the parties hereto and an'
federal or state agencies as may be required .
B : COS & BARNEY ( d ) To call , arrange and conduct hearings in :' ice= '
ATTORNEYY AT LAW
6AVINOS BANK BUILDING to the furnishing of water service and make determinatic .i
ITHACA, NEW YORK 14950 I
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any issues thereat ; to provide for the making of necessary inspec -
tions and the keeping of all records concerning the maintenance
of said system . The Commission shall. make all necessary and re-
quired reports , including those required by Article 3 of the
1
General Municipal Law .
( e ) By vote of a majority of the appointed members of
the Commission to adopt regulations as to the time of holding
eetings of the Commission and notice required therefor .
( f ) To collect the necessary information for preparing
and issuing bills for . customers of the Commission and , at the
ption of the Commission , for preparing and . issuing bills for cus -
tomers of the municipality parties hereto in accordance with .
instructions received from each municipality .
( g ) To contract to provide services for any one or
: ore of the parties hereto such as meter reading , maintenance
f an individual municipality ' s water lines , and other services .
The governing bodies ' of the respective municipalities
ay at any time delegate such other duties and responsibilities
o the Commission as permitted by law and as mutually agreed .
If required by law to effectuate the purposes of this
% greement , the parties hereto agree to designate one of the
overning bodies of the parties to implement this Agreement by
executing documents , paying personnel , formally letting bids ,
and any actions that by law must be conducted by a governing
body of a municipality and by law may not be conducted by or
d &-legated to the Commission -. Subject to the right to change same
in the future by unanimous action of the parties hereto , the Town
oard of the Town of Ithaca is hereby designated for such purposes .
Such designated municipality shall be reimbursed by the Commission
for all costs incurred by such municipality in rendering such ser-
JYOUCOS & BARNEY
ices including payroll and fringe benefit expenses . Such
ATTORNEYS AT LAW
iAVINOS BANK BUILDING
THACA, NEW YORK 14050
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reimbursement shall be an expense . of the Commission and shall
be assessable against the parties hereto in the manner hereinafter
set forth .
2 . Financing of Initial Construction . The initial
construction costs of Projects I and II has been financed by
the issuance of joint indebtedness for each Project for which
the joint faith and credit of the parties hereto except Lansing
BUYOUCOS & BARNEY
ATTORNEYS AT LAW
SAVINGS BANK BUILDING
ITHACA. NEW YORK 10850
.p
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Village , has been pledged for the payment thereof .
Even though not expressly on said bonds , Lansing
Village agrees to pay its share of such indebtedness as if it
were an original party to said bonds . The bonds
for the projects shall be repaid over 20 years in the amounts
set forth 'in the Bond Schedules for Project I and Project II
annexed hereto . The .total . cost of Project I is not in excess
of $ 6 , 070 , 000 . The total cost of Project II is not in excess
of $ 1 , 930 , 000 . 00 . Principal and interest payments for both
Projects shall be paid for jointly by all of the parties
hereto and the debt allocated to the parties hereto , all as
set forth in Schedule A annexed . Each of the parties hereto
agrees to take all steps necessary to provide for repayment of
such obligations , including , without limitation , authorization of
appropriate resolutions by each of the governing boards of each
of the parties hereto if not already . accomplished , raising of
the appropriate funds by taxation or otherwise , and all related
matters . Further , each of the parties hereto agrees to pay its
proportionate share of the principal and . interest payments as
set forth in the schedule annexed to this agreement , said pay-
ments to be made to the Treasurer of the Commission at such
times as the Commission shall determine to permit payments to
be timely made on the principal and interest of the indebtedness
incurred for Projects I and II . The funds so received by the
Treasurer shall- be paid to the bondholders or the paying agent
for bondholders .
3 . Financing of the Maintenance and Operation Costs
of Projects I and II . Annually , on or before September 15 of
each year , the Commission shall prepare a budget for the opera-
3UYOUCOS & BARNEY
ATTORNEYS AT LAW tion and maintenance costs of Projects I and II which shall be
SAVINGS BANK BUILDING
ITHACA, NEW YORK 14850
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filed with the Commission ' s treasurer and with the fiscal
officers of each of the parties hereto . The Commission shall
also ascertain the amounts of water from the water supply
facilities of Project I used in each municipality during the
latest twelve month period for which figures are available pre -
ceding September 15 . The Commission shall allocate the costs
for the next year among the parties hereto based upon • such water
usage during said preceding twelve month period . The parties
shall raise their share and then pay- to the treasurer of the . _
Commission their allocable share of such expenses in the manner
set forth in Schedule A . The treasurer of the Commission
shall pay the operating and maintenance costs out of the funds
so received .
I
4 . Surplus or Deficits . If the total revenues received
by the Commission result in a surplus over and above a reasonable
amount reserved for contingencies the surplus shall be refunded
at the end of the fiscal year to the municipalities in proportion
to the amounts paid to the Commission by each municipality during
the fiscal year or , at - the Commission ' s option , shall be applied
against amounts due from each municipality in the ensuing fiscal
year . If the amounts collected from each municipality result in
a deficit , the Commission shall first use any surplus funds
from any prior year to cover such deficit , and if there are no
surplus funds , such deficit shall be paid by each of the parties
-hereto in proportion to such water consumed within each
municipality during the preceding fiscal year as set forth on
Schedule A . The parties hereto agree to raise . the funds required
for each of their own shares as determined by the Commission and
to pay the same in timely fashion . Without limiting the fore-
YOUCOS 81 BARNEY
ATTORNEYS AT LAW
MINGB BANK BUILDING -
OIACA. NEW YORK 14850
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going , the parties hereto agree to take such steps as may be
appropriate or legally necessary to assess the real estate of
each of the municipalities or to establish water rent surcharges
or water rate surcharges sufficient to raise the funds necessary
to pay each party ' s allocable share of the operating and main -
. tenance expenses . Even if the party contests the allocation
of a deficit to it , each party agrees to pay the amount so
allocated at the time determined . The party so paying may
reserve his rights to challenge such allocation by stating at
the time of payment , in writing to the treasurer of the
Commission , that such payment is made under protest and the
basis for the protest . Thereafter , notwithstanding such payment ,
the party may take any legal steps to implement review of such
Party ' s allocation .
5 . Determination of Water Consumed . For the puip ose
of this agreement , whenever reference is made to water consumed
within a municipality , the water referred to shall be only the
water supplied from the water supply facilities referred to in
Project I . Water consumed within a municipality but derived from
other sources in operation January 1 , 1978 shall be excbded in
all computations required hereunder .. . No new public source of
water in the then Commission service area shall be activated
by any member municipality until the seven million dollar bond
issue for projects I and II has been paid in full , or until the
capacity of the Bolton Point system has been exceeded , whichever
occurs first . Itois anticipated that meter installations shall
be made for the purposes of monitoring water . received from the
system by consumers . . - The consumption of water within each of
the municipalities to be ascertained to determine the amount
BARNEY
YOUCOS & payable by each community shall be based upon the readings of
ATTORNEYS AT LAW
,YINGS DANK DUILDING
4ACA. NEW YORK IIDSO
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such meters . If meters are inoperable or not available , such
determination shall be based on estimates of consumption obtained
pursuant to standards established by the Commission _ Each party
hereto agrees to deliver such of its records pertaining to its
own water systems ( including readings ) as the Commission may
)YOUCOS 8 BARNEY
ATTORNEYS AT LAW
SAVINGS BANK SUILOING
rHACA, NEW YORK 14850
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request to enable the Commission to make the foregoing determina -
tions . The Commission may , at its option , read meters directly .
Further , at the Commission ' s option , master meters may be
installed at points of connection of the transmission lines of
! each Project to the distribution lines ovmed by each municipality
Y
for the purpose of determining water consumed within each munici-
pality . . If the Commission elects , the readings of such master
meters may be substituted for the readings on consumers ' meters .
6 . Assignment of Personnel . If the Commission shall
contract with any of the municipalities for personnel services ,
any personnel of any municipality assigned to perform such
services shall continue to be employees of the municipality
from which they are assigned . All personnel so assigned and
engaged in the operation or maintenance of Project I or Project
II shall possess the same powers , duties , immunities and
privileges they would ordinarily possess if they performed their
duties for and in the municipality by which they are employed .
To the extent required by law , the applicable Civil Service
rules and regulation shall be observed .
7 . Title to Real Estate . Title to the real estate and
easements used in Projects I and II has been or will be taken in
the names of Dryden , Ithaca , Lansing Town and Cayuga Heights ,
jointly , each holding an undivided interest commensurate with the
interest of each municipality in the respective Projects . All
real estate and easements obtained in connection with either Prc - -
.-ject I or Project II shall be held and used for the joint water
supply plant and related facilities , transmission lines and pump-
ing stations , and shall be used only for the purposes of Project
- and Project II unless all of the parties holding title plus
Lansing Village agree otherwise . This limitation of use shall
be binding upon the parties hereto and any of their successors in
YOUCOS & ,BARNEY
ATTORNEYS AT LAW interest . There is hereby assigned to Lansing Village an
1VIMGS BANK BUILDING
MACA, NEW YORK 11830
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undivided interest in all .the real property contained in Project
the amount of such interest - to be commensurate with Lansing
Village ' s interest in Project I .
8 . Tax exemption . To the extent permitted by law
each party agrees to take such steps as may be necessary to
exempt from real property taxation any of the real property ,
real property improvements , easements , pipelines , filtration
plant or other facilities associated with Projects I or II or
used by the Commission located within the municipal boundaries
of such party , and further agrees , to the extent p ermitted . by
law , not to assess or levy taxes against such properties .
9 . Pre- Agreement - Costs . Prior to the execution of
this agreement , Lansing Town has acquired certain of the real
iestate necessary for the water supply station and has incurred
1
costs for the purchase price of such real estate and engineering
services of Thomas , G . Miller related thereto . other municipali -
ties have incurred expenses to Lozier Engineers , Inc . and legal
expenses in connection with the study of the feasibil-ity of the
project and applications for approval of the project from
appropriate governmental authorities and land acquisition
expenses . After execution of this agreement , the parties in -
dividually may incur additional expenses relative to Projects I
and II with the consent or approval of the other parties to this
agreement . All of said costs shall be deemed to be costs of the
project and shall be reimbursed to the respective parties hereto
paying same upon - presentation of appropriate voucher therefor ,
and where necessary , appropriate documents of title transferring
title of real estate , surveys and appraisals , to the parties
jointly in the manner set forth above . Such reimbursement shall
1YOUCOS & BARNEY be out of the proceeds of the joint indebtedness incurred
ATTORNEYS AT LAW
iAVING ! BANK BUILDING hereunder . The road known as Bolton Road -
THA G, NEW YORK I41370
leading from Route 34 to the water intake - point on
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Cayuga Lake , and all appurtenances to said road , shall be paid
for jointly by all municipalities in accordance with the
financing allocation for Project I . The completion of the road
shall be in accordance with the terms and conditions of the
agreement between the Town of Lansing and Lucie G . Bolton ,
dated June 28 , 1967 , and in accordance with the Town of Lansing
specifications in effect February 25 , 1974 . Such road shall be
maintained and plowed by the Commission for the Commission ' s
own use until the earlier of the following events at which time
the road shall be conveyed to Lansing Village and Lansing Village
agrees to accept same :
( a ) The reasonably regular use of the road for ingress
and egress by any person or entity other than the Commission ; - or
( b ) January 1 , 19850
From and after such date the obligations for maintenance
and snowplowing shall be the obligation of Lansing Village .
In the event that road on such date . is not then in the
municipal boundaries of Lansing Village , the obligations to accept .
said road shall be the obligations of the municipality ( such as
the Lansing Town ) within whose boundaries said road shall then be
located .
10 . Responsibility for Damage Claims . In the event any
liability is asserted against any of the parties hereto arising
out of the construction , operation , or maintenance of Project I ,
the parties shall be severally liable - fcr the defense and payment
of such claims , the proportions being in the same proportion as
the debt is allocable to each party . Similarly , any liability
arising out of the construction , operation or maintenance of Pro-
Sect II shall be the several liability of the parties , to be
BARNEY
YO. S & borne by each municipality in the same proportion as the debt for
i
ATTORNEYS AT LAW
,VINOS BANK BUILDING
4ACA, NEW YORK I4850
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6 / 5/79
! Project II is allocable between the parties . The Commission ,
i or any one of the municipalities , may place or take out
appropriate insuranceagainst any such possible liability
for P rotection and benefit of the Project and each
s - I
individual municipality , and the premiums for any such
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ATTORNEYS AT LAW
KINGS BANK BUILDING
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insurance coverage shall be an obligation chargeable against
the Project , the cost thereof to be apportioned during , the
construction period in accordance with the debt allocations , and
thereafter to be included in the costs of the operation and
maintenance of the project and included in the budget assessed
against each municipality each year in the manner set forth
above .
11 . Duration of Agreem ent . This agreement shall con -
tinue in force until such time as . the bonds issued by the
municipalities for the construction of said Projects have been
fully paid , satisfied and discharged , and shall continue there -
after until further agreement of all the parties hereto . This
agreement may be modified at any time by unanimous agreement of
all parties hereto .
12 . Accounting and Bonding . Such fiscal officers and
such other -employees as - the Commission may determine and in any
event any Co,-nmission members or employees who handle funds shall
before receiving any moneys on account of Project I or Project
II give a corporate surety bond for the faithful performance of
their duties and a full accounting for all moneys of either proje t
handled by them , in such amounts as the Commission shall pre -
scribe and which bonds shall be approved by the Commission as to
form and sufficiency of surety . An endorsement on an existing
surety bond meeting the requirements set forth above shall be
.-suf fic ient .
13 . Settlement of Disputes . Any disputes between the
parties hereto arising out of the application or interpretation
of this agreement shall be submitted for declaratory judgment to
'the Supreme Court of the State of New York in Tompkins County ,
UYOUCOS & BARNEY
ArmRNCYB AT LAW New York . _
SAVINGS BANK SUILDINO
ITHACA, NEW YORK 14850
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14 . Further Documents . It is the purpose and intent
of the parties hereto to make available an adequate supply of
potable water to the aforesaid municipalities . To this . end the
parties hereto agree to cooperate fully in acting jointly by
and through this agreement of municipal cooperation pursuant to
Article 5G of the General Municipal Law . To provide the
necessary authority for the financing , construction and super -
vision to accomplish such purposes , the parties hereto pledge
themselves and agree amongst themselves to amend or supplement
this agreement in the future in any way desirable to provide
additional authority which may be deemed necessary to adequately
and properly create , construct , maintain and operate the said
projects .
15 . Illegality of Part . In the event that there shall
be a final adjudication that any provision or provisions of this
agreement is , are or shall be invalid , illegal or contrary to
public policy, such adjudication shall not affect . any of the
other provisions of this agreement , and such other provisions
shall continue in full force and effect .
16 . Additional Parties Hereto . The . parties hereto are
aware of the desire of the City of Ithaca to provide for an
alternate source of water and of the possible interest of the..
City of Ithaca to becore a part of Project I and Project II .
Should the City of Ithaca evidence in a formal manner interest
in becoming a party to this agreement , the parties hereto agree
to consider such interest and to include the City of Ithaca as
a party to this agreement upon the agreement of the City of - Ithac
to share its . proper cost . of construction , land acquisition , rights -
of way , engineering and legal expenses , debt service , and opera-
IYO S & BARNEY
ATTORNEYS AT LAW tion and maintenance and other costs of the projects to be con-
SAVINGS BANK BUILOINO
TNAG, NEW YORK 14870 structed in accordance herewith . Such addition . of the City . of ;
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6/5 / 79
Ithaca to this agreement may be evidenced by the execution of
a supplemental agreement modifying such provisions. of this
agreement as may be necessary to reflect the participation of
said City . Nothing herein is intended to exclude any other
municipality from becoming a participant in the water supply
system .
17 . Future Water Districts in Dryden and Lansing Town .
The parties agree that should new water districts be
formed within the municipal boundaries of Dryden and Lansing
Town , and should such new district elect , water may be supplied
to such districts from or through Projects I and II provided ,
however , that said districts by supplement to this agreement
agree to pay their proportionate share of the costs of operation
and maintenance and principal and interest in the manner set .
forth in this agreement . The amount of such payments shall be.
agreed to by all parties to this agreement prior to the
execution oi. . such supplemental agreement .
18 . Connection Charges . It is anticipated that
extensions to existing water mains outside of existing water
districts may be made which will benefit additional property
owners -, water districts may be enlarged , and/or new water
districts may be created after the completion of Projects I and
II . The parties hereto agree to pay to the Commission for each
unit served by such extended water main or enlarged
water district or new water district , in addition to all other
charges , taxes and assessments , a connection charge to be payable
to the ' Commission at the time of connection of each property
owner and to be computed as follows :
( a )' If such connection occurs before January 1 , 1978
UY .OS & BARNEY
ATTORNEYS AT LAw there shall be no charge .
SAVINGS BANK BUILDING
ITHACA• NEW YORK 14070 .�
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2 / 17 / 77
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6 / 5/ 79
( b ) If such connection occurs after December 31 ,
1977 , but before January 1 , 1979 , the charge shall be $ 25 .00 .
( c ) If such connection occurs after December 31 ,
1978 but before January 1 , 1987 , the charge shall be $ 25 . 00
plus an additional amount equal to $ 25 . 00 multiplied by the
number of full years that have passed since December 31 , 1978
( i . e . , if the 'connection occurs in June of 1981 , the charge
shall be $ 75 . 00 ) .
( d ) If such connection occurs after December 31 ,
1986 the charge shall be $ 250 .. 00 .
The connection charges collected hereunder shall
be applied to reduce the funds required for .principal and interes
on the joint indebtedness incurred hereunder . Twenty six, percent
of the connection charges excluding connection charges derived
from extensions , enlargements , or new districts . in Lansing
Town ( except for McKinney ' s Water District or extensions of
such District ) , or in Lansing Village , shall be applied to the
indebtedness for Project II . The balance of the connection
charges . ( including those charges for connections in the Lansing
Town outside of McKinney ' s and Lansing Village ) shall be applied
to the indebtedness for Project I .
A connection charge shall be made for each unit
as determined by Schedule B annexed hereto . .
The parties hereto by mutual agreement , may in -
.
rease , reduce or eliminate the connection charge , or alter
the . definitions of unit set forth in Schedule B .
The parties may assess the connection charge
directly against the property owner or pay the charges out of
JYCtS & BARNEY general revenues or obtain the funds in any manner permitted
ATTORNEYS AT LAW .
GAVINOS BANK BUILDING by law .
ITHACA, NEW YORK 14050
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Nothing contained herein shall limit the authority
of each municipality to impose additional connection charges on
consumers within their jurisdiction for any lawful purpose .
No connection shall be made by the Commission to an
ultimate consumer in any municipality party to this agreement .
without approval of the municipality in which the connection is
to be made .
19 . Authorization . The parties hereto represent
and warrant ( a ) that this agreement has been presented to the
governing bodies of each of the parties hereto ; ( b ) that each
such governing body has approved this agreement by a majority
vote of the . entire voting strength of its governing body and
( c ) that if required , all steps by way of _ public hearings and/or
referendum or otherwise not taken at the time of execution of
this agreement shall be taken within ninety days of the execution
of .this agreement . Within such ninety day period , each party
hereto shall certify whether or not all legal steps and
approvals necessary to make this agreement a binding agreement
upon such party have been taken and whether or not this agree -
ment is the valid , binding obligation of such party . Such -
certification shall be made in triplicate and a copy deliv.erfed.
to the Town . or Village Clerk or Supervisor of the other parties
hereto . If such certificates are not made by - all of the - parties
hereto within such period , unless the parties otherwise agree ,
th is . agreement shall be deemed approved by all parties and each
party shall be "able- to proceed in accordance with the terms of
this agreement and in full reliance upon its validity effective
as of the date above set .forth . Until the end of such 90 day -
WU COS & BARNEY period or until all certificates indicating approval are served ,
ATTORNEYS AT LAW
SAVINGS BANK BUILDING the parties hereto shall continue to be governed by the Agreement
ITHACA, NEW YORK 14830
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F and Modifications heretofor executed : and presently in force . Not -
withstanding the foregoing , the admission to voting rights on the
commission of members designated by Lansing Village shall occur
only upon the receipt of certified resolutions of the Lansing
Village Board authorizing execution of this agreement , assuming
responsibility for the annual levy of taxes to meet such Village ' s
obligations hereunder , and pledging the full faith and credit of
the Village thereto , together with a certificate from the counsel
to the Village that all legal requirements relative to the adop-
tion of such resolution have been met including the holding of a
public hearing thereon after legal and proper notice ; and
( a ) No referendum has been sought . and the statutory
time for same has expired ; or
( b ) The resolution and agreement were approved at a
public referendum .
20 . Validation and Reliance . Each of the municipalities
agrees to initiate , undertake and complete all proceedings
which are necessary to construct , establish and operate this
intermunicipal water system and to effectuate , otherwise ,
this project and the provisions of this agreement in accordance
with all the applicable requirements of law . It is understood
by the parties hereto that each municipality has and will incur
costs , expenses and liabilities in connection with all. acts and
proceedings required to effectuate this agreement and that each
municipality is proceeding to initiate , establish an -a' operate the
subject project in reliance upon the agreement of . the other
municipalities to do the same .
21 . Effect on Pending Annexation Action . The parties hereby
agree that the execution of this agreement shall in no way be
intended or interpreted to prejudice the outcome of annexation
BUYOUCOS & BARNEY proceedings between the Town of Lansing and Village of Lansing
ATTORNEYS AT LAW
SAVINGS BANK BUILDING
ITHACA , NEW YORK 14850
6/ 5/ 79
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currently pending before the Appellate Division of the New York
State Supreme court .
IN WITNESS WHEREOF , the parties hereto have executed
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fOUCOS & BARNEY
ATTORNEYS AT LAW '
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WINGS BANK BUILOINO -
HACA• NEW YORK IABSO -
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3 / 11/ 77
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this agreement as of the day and year set forth above .
TOWN BOARD OF THE TOWN OF DRYDEN
ON BEHALF OF THE TOWN OF DRYDEN
AND ON BEHALF OF DRYDEN WATER
DISTRICT 1
TOWN BOARD OF THE TOWN OF ITHACA
. i
TOWN BOARD OF THE TOWN OF LANSING
ON BEHALF OF THE TOWN OF LANSING
AND ON BEHALF OF MC KINNEYIS WATER
DISTRICT
VILLAGE OF CAYUGA HEIGHTS
By :
VILLAGE OF LANSING ON BEHALF OF
SUCH VILLAGE AND AS SUCCESSOR TO
LANSING WATER DISTRICT 1
By :
BUYO.UCOS & BARNEY
ATTORNEYS AT LAW
SAVINGS BANK BUILDING
ITHACA, NEW YORK IABSO -
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2 / 17 / 77
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12 / 5/ 78
SCHEDULE A 6/ 5/ 79
- FINANCING & DEBT ALLOCATION FOR PROJECTS I AND II
I . PROJECT I :
` ( a ) Debt Allocation . For purposes of debt alloca-
tion required by the Local Finance Law , the joint debt for the
financing of Project I shall be allocated annually between the
municipalities in proportion to the water consumed by each of
them from the water supply facilities of Project I ( the " System " )
during the latest twelve month period for which figures are avail -
able on September 15 of each year . The allocation shall be deter-
mined by the Commission based upon such figures -. Until the
Commission determines otherwise , the debt allocation shall be as
follows : _
NAME OF MUNICIPALITY PERCENTAGE OF DEBT
Dryden 2 . 333
Ithaca 54 . 948
Lansing Town . 213
Lansing Village 26 . 955
Cayuga Heights 15 . 551
( b ) Financing of Principal and Interest and Operation
and Maintenance Costs . Each of the parties agrees to pay to the
Commission an amount for water consumed from the System in their
own municipality in accordance with a uniform water rate schedule
in the amounts indicated on Exhibit • l hereto , said schedule to be
applied to the ultimate consumers within each municipality . The
amounts so derived are hereinafter referred to as " water rent
revenues " . Each municipality shall have the option - of raising
such amounts by charging ultimate consumers in accordance with
such water rate schedule or by assessment's or by any other l
manner permitted by law . However , regardless of the method .
chosen by each municipality to actually raise their share due to
YOUCOS & BARNEY ! the Commission , the amount payable shall be computed as if each
ATTORNEYS AT 1..wW I municipality adopted Exhibit 1 and charged . the ultimate - consumers
AVINGS BANK BUILDING
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•HAG, NEW YORK 14870
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thereunder . All of the water rent revenues derived from Lansing
Village and Lansing Town , except revenues derived from Lansing
Town ' s McKinney ' s Water District , and 76% of the water rent
revenues derived from Dryden , Ithaca , Cayuga Heights and Lansing
Town ' s McKinney ' s Water District shall be delivered to the
treasurer of the Commission for application towards . the principal
and interest payments due on the indebtedness incurred for.
Project I and the operation and maintenance costs of Project I .
Any surplus of revenues shall be disposed of as set forth in
the agreement . If such revenues are insufficient to pay such
costs, the municipalities shall make up the deficit by each
contributing a portion of such deficit , the portion applicable
to each party to be determined by multiplying the total deficit
by a fraction , the denominator of which is the amount of water
consumed from the System in all the municipalities during the
immediately preceding four billing quarters as determined by the
Commission , and the numerator of which is the amount of water
consumed from the System in such period by the individual munici-
pality whose share is being determined . Except as hereinafter
provided , Exhibit 1 may not be changed by the Commission without
the written agreement to such change of all of the parties .
Unless the Commission determines otherwise , the payments required
hereunder shall be made to the Commission or its delegate
quarterly as follows :
Village of Lansing , Towns of Dryden and' Lansing - February 1 ,
May 1 , August 1 , November 1
Town of Ithaca - January 1 , April 1 , July . 1 , October 1-
Village of Cayuga Heights - March 1 ,, - June . 1 ,, September 1 ,
December 1 .
BUYOUCOS & BARNEY
ATTORNEYS AT LAW
SAVINGS BANK BUILDING
ITHACA . NEW YORK 14830
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II . PROJECT II :
( a ) Debt Allocation . The allocation of debt shall
be made annually between the municipalities . in proportion to the
water consumed from the System during the latest twelve-month
period for which figures are available on September 15 of each
year . The allocation shall be determined by the Commission
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YOUCOS & BARNEY
ATTORNEYS AT LAW
f
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WINGS BANK BUILDING
NAG• NEW YORK 14830 "
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based upon such figures . Until the Commission determines
otherwise , the debt allocation shall be as follows :
3
NAME OF MUNICIPALITY PERCENTAGE OF DEBT
- Dryden 3 . 194
I Ithaca 75 . 225
j Cayuga Heights 21 . 290
Lansing Town 0 . 291
1 '
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( b ) Financing of Principal and Interest on Construc -
tion Indebtedness and Operation and Maintenance . The costs of
debt service and operation and maintenance of Project II shall be
paid first by the application of the balance- of water rent revenu
derived from Dryden , Ithaca , Cayuga Heights and Lansing Town ' s
I McKinney ' s Water District ( 24% of such revenues ) . If such reve-
II
nues exceed the amounts needed to pay such costs , the surplus
`i shall be disposed of . as set forth in the agreement . If such
revenues be insufficient , the deficit shall be paid by the
1
1 municipalities in proportion to the water consumed from the
System within each municipality in the immediately preceding
four billing quarters . The portion paid by each municipality
shall be determined by multiplying the deficit by a fraction ,
the denominator of which shall be the aggregate amount of water:
consumed from the System in Dryden , Ithaca , Cayuga Heights and
I
Lansing Town ' s McKinney ' s Water District during such period ,
and the numerator of which shall be the amount of water from the
System consumed in such period by the individual municipality
whose share is being determined . For the purpose of computing
amounts due for Project II , the water consumed in Lansing Town
shall be deemed to be only the water consumed in Lansing ' s
BUYOUCOS & BARNEY I McKinney ' s Water District . The payments to the Commission for
ATTORNEYS AT LAW
SAVINGS BANK BUILDING project . II shall be made simultaneously with the payments for
ITHACA. NEW YORK 14830
Project I .
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6/ 5 / 79
III , WATER RENT SURCHARGES AND BENEFIT UNIT CHARGES
Nothing contained in this Schedule or elsewhere -in
this agreement shall prohibit each of the municipalities that
1
is a party hereto from adding a surcharge to the water rate
schedule or assessing benefit unit charges to customers within
their own municipality for the purpose of financing debt service
4 or operation and maintenance charges of water supply facilities
owned and operated individually by the municipality , or for
the purpose of raising part or all of the funds to pay a
municipality ' s share of the expenses related to Project I or
Project II .
IV . TRANSITION TO PROJECTS .
To facilitate transition from other water sources
to the water supply facilities of Project I , ( the ' " System " ) ,
which transition began to occur in the third billing quarter of
1976 , the parties agree that for the third billing quarter each
party to this agreement shall pay to . the Commission an amount
calculated in accordance with the water rate schedule in effect
prior to December 1 , 1976 applied against only those users within
the boundaries of each party which were receiving water from the
System and only for the period during such quarter that water
was so received . Any excess amounts paid by any party hereto
above the amount so required shall be . credited by the Commission
II at such time as may be determined by the Commission against
I obligations due from such municipality up to August 15 , 19770
Commencing with the fourth billing quarter of 1976 all parties
hereto agree to pay to the Commission amounts due calculated in
accordance with the water rate schedule annexed hereto applied
YO., S & BARNEY
I
ATTORNEYS AT LAW against all of the ultimate consumers within each party ' s
WINGS BANK BUILDING
7iAG• NEW YORK 14830 boundaries , who as of January 1 , 1977 were receiving water
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from the System , whether or not they ifs fact received water from .
the - System during the fourth quarter of 1976 . There shall be
subtracted from the amount due from each municipality . or party
any amounts payable by said municipality to other providers of
water , such as the City of Ithaca . As all consumers had been
transferred from the City of Ithaca water source to the System
by the beginning of the first quarter of 1977, commencing with
� that quarter and thereafter each party hereto has and/or will pay
to the Commission amounts calculated in accordance with the water
rate schedule attached to this agreement applied against all such
consumers without payment of any amounts to the City of Ithaca .
. I
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MOUCOS & BARNEY
ATTORNEYS AT LAW
SAVINGS BANK BUILDING
ITHACA, NEW YORK 14850
2 / 17 / 77 6 / 5/ 79
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6 / 29/ 77
12/ 5 / 78
EXHIBIT . I
WATER RATE SCHEDULE
s
Gallons Min . Water Unit Cost
Cu . ft . Allowed ) Allowed Charge per
Meter Min . Charge per ) =Min _ Charge Per 14V000
ISize Quarter ) Per Quarter Quarter Gallons
Small 1 , 200 8 , 977 $ 16 . 59 $ 1 .. 85
. r
1
11 " 3 , 200 23 , 940 39 . 57 1 . 65
II
1 - 1 / 211 5 , 500 41 , 146 65 . 99 . 1 . 60
2 " 11 , 200 83 , 787 127 . 9 l . 1 . 53
311 16 , 000 119 , 696 168 . 76 1 . 41
411 24 , 000 179 , 544 237 . 69 1 . 32
611 42 , 100 314 , 950 390e87 1 . 24
First 1 , 200 cu . ft . : per 100 cu . ft .. at 1 . 383 - 16 . 59 1 . 85
Next 8 , 800 cu ft . per 100 cu , ft _ at 1 . 147 = 101 . 10 1 . 54
i
Over 10 , 000 cu . ft . per 100 cu . ft . at . 851 1 . 14
Multiple Housing and mobile home parks of over two dwelling units ,
using a master meter , will be computed as follows : The quarterly
f
master meter reading will be divided by the number of dwelling
un its and the water charge -will be figured on this number as
I if the unit was individually metered . The water charge will then
be multiplied by the number of units on the master meter and
this will be the billing rendered .
YOUCOS 8 BAP.NEY
ATTORNEYS AT LAW
AVINGS BANK BUILDING -
fHACA, NEW YORK 14850
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SCHEDULE B 2 / 17 / 77
3 / 11/ 77 •
• DEFINITION OF UNITS 6/ 29 / 77
FOR PURPOSES OF 12 /5 / 78
CONNECTION CHARGES
Single family house - 1 un _ILt
Two family house - 2 units
Multiple dwellings - 1 unit for each . dwelling unit
Mobile home park - 1 unit for each mobile horre space
corm-nercial property - 1 unit for each store or separate
( Not otherwise defined ) place of business _
School - education , non- residen- 1 unit for each 10 students or
ti al faculty
Group living accommodations - l unit for each 3 ' beds or 3 occupa.
( e . g . , dormitories or other
facilities where groups of
generally unrelated persons
reside )
Motels - 1 unit for each sleeping room
Boarding houses and rooming - 1 unit for eacH sleeping room or
houses for each - two occupants , whichever
results in more units
Professional offices 1 unit for each office
Gas Stations - 1 unit for each service bay or stz
Industrial - 1 unit for each 16 , 000 cubic fee `
or part thereof of water estimatec
to be consumed annually
Restaurants and food service - 1 • . unit plus 1 unit for each
establishments 5 , 000 square feet of building
floor area
Any use or occupancy which is reasonably susceptible of inclusion in
more than one category shall be deemed to be in the category resulting
R
.in the largest number. of units . The final determination of ' the applicak
category shall rest with the Commission _
Any uses not srEc .Lj. cally defined may be de � ined by the Commission _
i
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e::���w+��� '._t'� ' x. x:1.4:.::+ 3,:9= .• v�:+ • 3s•"..+.FSi'. ..i=' ii•:�" . Lda . c:.: i.'s.:lait: .. -; .�::1 ' • :r ";~i%�a : .•✓•.r:::s'
- �..�i�:J• M � .'.:J.•"�Y+i.+7.•���. �.... :.i'+' -..-•>+u .-":'>e... a+. •+ w--� �... �-• ;ate- __ _ Z..:' . ...... . .w.• cs�..+r�. .. w.• .�. . ..r.. ...�;:::.� ...r� .A-:.t_„1• " .
Purpose : . . Water Supply Water Distribution
System System `
Bond Resolution Date : 4 - 9 - 74 & 12 - 3 - 74 4 - 9 - 74
Authorized Amount : $ 6 , 0701000 $ 1 , 930 , 000
PrP . U . 40 years 40 years
Date of First
Borrowing : 11 - 29 - 74 11 - 29= 74
Minimum : $ 209 , 000 $ 66 , 000 Consolidated
Maximum : 313 , 500 99 , 000 Schedule
Amount to Bond : $ 5 , 320 , 000 $ 1 , 680 , 000 $ 7 , 000 , 000
8 - 15 - 77 $ 209 , 000 $ 66 , 000 $ 275 , 000
8 - 15 - 78 209 , 000 66 , 000 275 , 000
8 - 15 - 79 209 , 000 66 , 000 275 , 000
8 - 15 - 80 228 , 000 72 , 000 300 , 000
8 - 15 - 81 228 , 000 72 ; 000 300 , 000
8 - 15 - 82 228 , 000 72 , 000 300 , 000
8 - 15 - 83 247 , 000 78 , 000 325 , 000
8 - 15 - 84 247 , 000 78 , 000 325 , 000
8 - 15 - 85 266 , 000 84 , 000 350 , 000
8 - 15 - 86 266 , 000 84 , 000 . 350 , 000
8 - 15 - 87 285 , 000 90 , 000. 375 , 000
8 - 15 - 88 285 , 000 90 ., 000 375 , 000
8 - 15 - 89 285 , 000 90 , 000 375 , 000
1 - 15 - 90 304 , 000 . 96 , 000 400 , 000
8 - 15 - 91 304 , 000 96 , 000 400 , 000
8 - 15 - 92 304 , 000 - 96 , 000 400 , 000
8 - 15 - 93 304 , 000 96 , 000 400 , 000
8 - 15 - 94 304 , 000 96 , 000 400 , 000
8 - 15 - 93 304 , 000 96 , 000 400 , 000
8 - 15 - 95 304 , 000 96 , 000 400 , 000
Bonds Dated : 12 - 15- 76
Bonds Due : 8 - 15 - 77 / 96
Interest : lst Coupon 8 - 15 - 77 and thereafter on
2 - 15 and 8 - 15
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Town Board Minutes - 4 - June 25 , 1979
WHEREAS , the benefit formula does not take into account
the benefit derived from sprinkler service in the service area
of the Bolton Point Water System ,
NOW , THEREFORE , BE IT RESOLVED :
That the Southern Cayuga Lake Intermunicipal Water Com-
mission be requested to consider revisions to the intermunicipal
agreement to incorporate these changes ; and further this Board
suggests to said Commission that the revisions be ready for adoption
within six months .
( Kugler , Valentino , Raffensperger , Del Rosso , Powers , McElwee ,
and Desch voting Aye . Nays - none )
IVAR JONSON - LETTER OF CREDIT
Mr . Ivar Jonson appeared before the Board to request that
they agree to accept from him a letter of credit for $ 10 , 000 to
guarantee the completion of about 520 feet leading in from Ellis
Hollow Road to Phase I of his multi - family complex behind the Ellis
Hollow apartments . This proposal was supported by the Town Engineer .
He said that $ 10 , 000 is sufficient to cover the remaining work . Mr .
Jonson will maintain the road during the winter . Mr . Fabbroni recom-
mended a cut - off date of September 30 , 1980 for completion .
RESOLUTION NO . 125 , 1979
Motion by Councilman Powers , seconded by Councilman McElwee ,
WHEREAS , approximately 520 feet leading in from Ellis
Hollow Road to Phase I of the Ivar Jonson multi - family subdivision
behind the Ellis Hollow apartments remain to be completed , and
WHEREAS , Mr . Ivar Jonson has offered to furnish a letter
of credit ( or equivalent ) in the amount of $ 10 , 000 to guarantee
the remaining work ,
NOW , THEREFORE , BE IT RESOLVED :
That the Town Board of the Town of Ithaca agrees to enter
into an agreement for such purpose , such agreement to carry through
September 30 , 1980 , and such agreement to be subject to the approval
of the Town Attorney .
( Raffensperger , Valentino , Powers , McElwee , and Desch voting Aye .
Nays - none )
PUBLIC HEARING - 6 : 30 P . M .
PROPOSED BENEFIT FORMULA REVISION - SUBDIVISIONS
Supervisor Desch read the following proposed addition to
the Town of Ithaca benefit formula for water and sewer benefit
charges :
" In an approved subdivision where a developer has constructed
an approved water distribution main and /or a sanitary sewer
collector serving part or all of the subdivision , the benefit
on that portion of the subdivision served shall be determined
by the standard provisions herein as if the utility improve -
ments did not exist for a period of three ( 3 ) years after
construction of same has been approved except that the sale
of any lot in any manner or the issuance of a permit to build
on a lot to anyone will make such lot ( s ) subject to the stand -
ard provisions herein and all the remaining land will be sub -
ject to standard provisions herein at the end of the three
years .
" The developer must certify his ownership annually to the
Town Clerk between September 1 and October 1 . "
Town Board Minutes - 5 - June 25 , 1979
The Supervisor inquired whether anyone wished to speak in
favor of or in opposition to the proposed change . Mr . Buyoucos
asked what was meant by " standard " provisions . Supervisor Desch
said they were the provisions that already exist . Mr . Buyoucos
recommended that this language be used " shall be determined
in accordance with the provisions of the Town of Ithaca Water and
Sewer Benefit Formula . " This was acceptable to all Board members .
Councilwoman Raffensperger asked if information was avail -
able regarding the number of parcels that would be affected . Mr .
Fabbroni responded by reviewing the effect of the proposed change
in the benefit formula in various subdivisions throughout the Town ,
that is , how many units would be lost . He said , in summary , that
approximately 25 water and sewer benefit units would be lost .
Councilwoman Raffensperger said she could not help asking why the
Board . is considering this change since it affects so few . She
questioned also whether the Town Board should give developers an
exemption for an investment which enhances the value of the property
beyond the developer ' s capital cost . Councilman Powers said he
doubted that the investment was that good . Councilman McElwee
agreed it would increase the value of the lots . Supervisor Desch
said that the proposed change would encourage development in a
limited way . He said , of course , the longer the period of grace
the more of an inducement to development it would be .
Mr . Schwarting asked what the Board was trying to accom-
plish . Was it trying to encourage development ? Supervisor Desch
said that was part of it , but it is more a response to inquiries
the Town has had from developers . The developers feel that they
have a grossly unfair burden to carry with regard to debt service .
Mr . Schwarting inquired how many developers had been put in such
a negative cash flow position that they have eventually gone bank -
rupt . Supervisor Desch said there were quite a few . Mr . Schwarting
asked if the Supervisor were saying that no builder will be willing
to build in the Town because they are being penalized by having to
extend utilities at their expense . Supervisor Desch said that that
is the tendency . Councilman Powers said discussions had in zoning
and ordinance meetings indicate that developers contend such a
change would make things a little easier for them to operate , that
it is one less long term charge . Councilman McElwee noted that - the
City of Ithaca installs the water and sewer lines . It was noted
in the course of the discussion that the proposed change would be a
benefit to the eventual home owner since it is probable that the
developer would pass on to the buyer any additional costs .
Councilwoman Raffensperger felt that the matter should be
tabled since no developers were present at the hearing to state
their case in person .
RESOLUTION NO . 126 , 1979
Motion by Councilwoman Raffensperger ; seconded by Councilwoman
Valentino ,
RESOLVED , that this hearing with regard to proposed changes in
the Town . of Ithaca Water and Sewer Benefit Formula as it affects
subdivisions where a developer has constructed water and sewer
lines be adjourned to a date when the developers are present to
state their case in person and , further , that a recommendation
concerning the proposal be requested from the Planning Board .
( Powers , McElwee , Valentino , Raffensperger , and Desch voting Aye .
Nays - none )
TOWN OF ITHACA RIGHTS OF WAY
Mr . Buyoucos reported that a Town resolution of November 4 ,
1965 appeared to say that all Town roads were to be 60 feet in width .
Mr . Fabbroni , he said , has researched this matter and found that some
42 roads have been accepted since 1965 and twenty of them were 50 feet
I
Town Board Minutes - 6 - June 25 , 1979
in width . Therefore , the Town has , twenty times , accepted roads
with a 50 ft . right of way by resolutions which were just as formal
as the original resolution . Based on these twenty acceptances , it
appears the Town had no intention in the original resolution to re -
quire that all roads should be 60 feet in width . Therefore , the
Town Attorney recommended that the Town Board rescind the resolution
of November 4 , 1965 . Therefore , the Town Board acted as follows :
RESOLUTION N0 , 127 , 1979
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
WHEREAS :
( 1 ) The resolution adopted on November 4 , 1965 appeared
to require 60 feet rights of way for all new roads in the Town of
Ithaca .
( 2 ) That resolution was adopted without a public hearing
and without amending the subdivision regulations and without defi -
nition of the word " new " .
( 3 ) Since the adoption of the resolution the Town Engineer
has reported that about twenty ( 20 ) out of forty - two ( 42 ) roads
have been accepted by the Town with rights of way fifty ( 50 ) feet
in width ,
( 4 ) The subdivision regulations for the Town of Ithaca
provide for the minimum requirements for Town roads , including
the minimum width of . the right of way , but such regulations , how-
ever , do not limit the maximum width which may be required by the
Town Board .
NOW , THEREFORE , BE IT RESOLVED :
That the resolution of the Town Board of the Town of Ithaca
adopted on November 4 , 1965 is rescinded . The Planning Board of the
Town of Ithaca , as soon as any plot is submitted to it for subdivision
approval shall advise the Town Board as to the width of the right of
way it would recommend for approval . The Planning Board shall con -
dition any approval of a subdivision plot having new streets on com -
pliance with such requirements as the Town Board may require as to
width and other specifications .
IT IS FURTHER RESOLVED .
That the Town Engineer shall submit a proposal for revisions
of the subdivision regulations as they relate to road specifications .
( Powers , McElwee , Valentino , Raffensperger , and Desch voting Aye .
Nays - none )
PUBLIC HEARING - 7 : 30 P . M .
PROPOSED INCREASE IN INCOME LIMIT
FOR REAL ESTATE TAX EXEMPTION ( 500 )
Supervisor Desch reported that an amendment to Section 467
of the Real Property Tax Law now makes it possible for persons 65
years of age or older to earn up to $ 8 , 000 and still remain eligible
for a 50 % real estate tax exemption .
Proof of posting and publication of notice of public hear -
ing having been presented by the Town Clerk , the Supervisor opened
the hearing . No persons appeared to speak for or against the pro -
posal to raise the Town of Ithaca income limit from $ 7 , 200 to $ 80000
Therefore , the Supervisor closed the hearing and the Board acted as
follows :
RESOLUTION NO . 128 , 1979
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that this Town Board hereby , in accordance with amendment
to Section 467 of the REal Property Tax Law , increases the income
limit for persons 65 years of age or older from $ 7 , 200 to $ 8 , 000
with respect to eligibility for Real Property Tax Exemption for the
Elderly .
( McElwee , Powers , Raffensperger , Valentino , and Desch voting Aye .
Nays - none )
Town Board Minutes - 7 - June 25 , 1979
ADJOURNMENT
There being no , further business to come before the meeting
at this time , it was duly adjourned .
X Cdv
EdVIa# rd L . Bergen
Town Clerk