HomeMy WebLinkAboutTB Minutes 1974-02-181 !
TOWN OP ITHACA
SPECIAL BOARD MEETING
February 18, 1974
At a special meeting of the Town Board of the Tovm of Ithaca, Tomp<
kins County, New York, held at the Town Offices at 108 East Green
Street, Ithaca, New York, on the 18th ddy of February, 1974, at
5:00 p.m., there weibe:
PRESENT: Walter J. Schwan, Town Supervisor
Andirew W. McElwee, Councilman
Noel Desch, councilman
Vidtor Del Rosso, Councilman
Robdrt N. Powers, Councilman
APPOINTMiSNTS TO SOUTHERN CAYUGA
LAKE INTERMUNICIPAL WATER COMMISSION
The Town Bocurd discussed the appointment of two of its members to
Southern Cayuga Lake Intermunicipal Water Commission (Bolton
Point project). Supervisor Schwan recommended the appointment of
Councilman Desch as one of the two members from the Ithaca Town
Board because of his experience with the water treatment plant at
^ Cornell University and his knowledge of the operation of such a
[ plant. Supervisor Schwan said he had been advised by the Department
of Audit and Control that the Treasurer of the Commission must be
the chief fiscal officer of one of the four municipalities involved
in the project* That would narrow the selection of a Treasurer to
Chiles McCord (Dryden), Wesley McDermott (Lansing), Gordon Wheeler
(Village of Cayuga Heights), and Walter J. Schwan (Town of Ithaca).
Supervisor Schwan felt that the Treasurer ought to be from the Town
of Ithaca since its share of the cost of the operation is the great
est (72%). He said the Commission can audit the bills but they can^
not be delegated the authority to pay them. The bills must be
finally approved for payment by the municipal board whose chief
fiscal officer is the Treasurer. The members of the Commission will
be unsalaried. Five members are a quorum (out of eight)• When a
vacancy exists a new member of the Commission is appointed by and
from the board of the municipality making the original appointment.
After discussion, the sense of the Board was that the Supervisor
ought to be the second m^nber of the Town Board of the Town of Ithaca
appointed to the Commission.
Motion by Councilman Desch; seconded by Councilman Powers,
RESOLVED, that the Town Supervisor of the Town of Ithaca, Walter J.
Schwan, be appointed as a representative of the Town of Ithaca to
the Southern Cayuga Lake Inter-Municipal Water Commission.
This resolution was duly adopted by an affirmative vote of Council-
[ man Desch, Councilman Powers, and Councilman McElwee. Councilman
Del Rosso, was not present when this vote was taken.
Motion by Councilman Powers; seconded by Supervisor Schwan,
RESOLVED, that Councilman Desch be appointed as a representative of
the Town of Ithaca to the Southern Cayuga Lake Intermunicipal Water
Commission.
This resolution was duly adopted by an affirmative vote of Council
man Powers, Supervisor Schwan, and Councilman McElwee. Councilman
Del Rosso was not present when this vote was taken.
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ZIFCHOCK OPTION - BOLTQN POINT LAND
February 18r 1974
Supervisor Schwan reported i the optibn jtd purchase Bolton Point
land from James S. ZifchOck^^pires on th^^filfst of March, and re-
guested authorizatibn to expbhd the sum of |3|l/50b to purchase the
land from Mr. Z ifchock from iheil^own-Widb Gbheral Fund (on a tempo
rary basis). Title will be t^kfeh in th^ naiiib of the Town of Ithaca
and when the Southern Cayuga Lake Interm\ihibipal Water Commission
has authoritjr to borrow money, the Town oi ^'^haca will be reimbursed.
The deed will' then be transfbrrec( lin the h^e of all four municipali
ties. The land in question is iiee4ed foriithe treatment plant.
Motion by Councilman Powers, Seconded byi Cbuhcilman McElwee,
RESOLVED, that the Town SupeirVi^Gif^'authbrized to exercise the
option to purchase lands of ilfamec S; Jzifbhb^ the Town of Losing,
Tompkins County, New York, ih adcb^enceliwitti the terms of thb option
agreement dated September 4, 1973 ,i i j^nd tp expend for said purchasefrom Town-Wide General Funds jthe pbm of .§^1,500.00.
The foregoing resPlutiPn was ptit tb a iroii Isail vote with the follow
ing result: , .
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Supervisor Sdhw^h ..i.. Voting ..*. Aye
pPundiiman MCElVbb •. • • Voting ...« Aye
Coi^cilman Dei^pii Vbtihg .... Aye
CotihPilmen Del kossP .. i/oting .... Aye
Cbuhdiimai^ Pbwers Voting .... Aye
The resolution was thereupon duly adopted.
ADJOURNMENT
The meeting was adjourned until February 19, 1974 at 5:00 p.m.
Edward L. Bergen
Town Clerk
DISTRICTBOND ANTICIPATIONREN.DATE PRINCIPAP^NTERESAYMENTS 1974TOTAL PMT.AMOUNT OF NOTEWATER DISTRICTSEdSt lUldLd Walter''3/3/74UIpP.oo2,000.00/'^ 1 ,350.003,350.00■Gnydcr Hill Road Water3/3/74'J.S/O.Od /^-Sfo.co36 ,000.00 OO0,000.g;coo.oq—12,000.00!nd South Mill Water NtJl0,002.00 9,300.70—14,427.70170,000.00 I'l 0^000^ Od-end South Mill Water Nt.#23/3/74!/ ^ 3,930.007^204.30 11 ,222.30249,752.00j 6.^1 a 00lOgftd South mil Wotcr* Ext.l3/3/74g,250.00x/'^ 1 ,037.50 4,087.50j^194,240.00 J■end South IMll Water Ext.23/3/74TOTAL B.A.N. WAVER PAYMENTS1 .000.00337.50i,~3^4. fftr1S337.5049,000.00 0C>^jt)D0,0 6SEWER DISTRICTS■^llis Hollow Road Sewer20,250.00 26,775.00 47,025.00 ( 714,000.00 yn^aOO a^I,s6aoo ^%f6i.2s ^jioV,a^ ^ fil/■ yjif.-io -S%)Z^0 _ ^ .75j:i^3/3/74 g.BOO.00^^ 2,012.00 5,312.00WorthcQSt Sower'3/3/74-re/ ILflSS.atr iS<9^3,oo,000.001'^ 15,407.50 33,487.50—,000.00■Slaterville Road Sewer■*6outh lim Sewer Nt.l3/3/7412,000.OOV'^ 14,207.50 20,287.503/3/74 "^^^7!^ 0.South Hill Sewer Nt.g3/3/74^^)'^^'^'iVOg.ee-//,aij n(pC,>i310,163.14 17,701.14^'j00,00413,000.00 3'? 5,0 -:?a ck:?381 ,000.00 , 00'South Hill Sqwgp Nt.33/3/74^0^ 4,000.00ee-30j3?7J110,293.90 31 ,995.90South Hill Sewer EaI. 13/3/74C,2G7.9Q^—10,947.90SjjS.axr i,V&.oo3,000.00^''''^ 3,525.00 6,525.004271 ,017.00 )f? - 3C,czrv487,839.00 ■>South ih'll Sewer Ext. 2TOTAL B.A.N. SEWER PMTS.-—3/3/74TOTAL BAN NOTES WATER & SEWER P^i^.-130. Of 2,4^0.004,000.00t^^ 4^,275.00 8,275.00 '167.144.00 JHh4. C>094,000.00 ^1^00 0, OO65,500.00 75,112.50_ 140.612.54s4)85,75Or^(l0LW^50~5l875^..-WTeoo^acL i]^3mMJ5=j-ajrjoc'oo'%, 43d. 00 ' Ilg7f^63j/'7S,^o8l8l5r!5!?^2«3.^&3iA^o.ooh£rO-a . CTDt<( Jt\
OMPKINS pARTNERSHir FOR HEALTH
OUNTY
OMPREHENSIVE HEALTH PLANIMING COUNCIL
HERMAN M. BIGGS MEMORIAL BLOg!, 1287 TRUMANSBURG RD., ITHACA, N. Y. 14850
MEMO
TO: Public Safety and Correction CoDimittee
Board of R^resentatives
FROM: Mrs. Elizabeth McLellan, Chairman, TCCHPC
Mr. John Miller, Chainnan, Emergency Medical Services Committee of TCCHPC &
Tompkins County Fire sind Disaster Coordinator
The accon^anying report and recommendations would congilete the first phase of the
program to develop an emergency medical services system in Tonq?kins County. The Exec
utive Committee of the TCCHPC has endorsed the recommendation of its Emergency Medical
Services Committee to purchase radio equipment for the ambulances in the county and
submits the following proposal for your consideration.
In an effort to upgrade the level of pre-hospital care given in the state, the
New York State Bureau of Bnergency Health Services has established a Master HLan for
creation of a hospital-to-hospital and ho^ital-to-ambulance communications systeii
utilizing high-band radio frequencies. As part of this plan Tcm^ikins County Hospital
has recently purchased a multi-frequency radio transmitter-receiver with funds provided
by the Regional Medical Program and by the Tompkins County Hospital Auxiliary. The
system is expected to be operational by mid-July. No county tax funds have been ex
pended on the hospital's portion of the emergency medical services system.
This hospital radio transmitter-receiver will be of little use until the ambulances
in Ton^kins County are equiped with high-band radios. In order to con^lete the hospital-
to-ambulance communications network we propose that the County Board of Representatives
finance the purchase of 12 multi-frequency mobile radios at an estimated cost of $30,000.
The Council believes that it would be appropriate to expend revenue-sharing funds for this
purchase inasmuch as this is a one-time expenditure for capital equipment and falls,
furthermore, into a category of high priority uses for which these funds were allocated.
We propose that the Tom^ikins County Fire and Disaster Coordinator's Office license,
own, distribute suid control the use of all ambulance radio equipment. All emergency
medical service, vehicles would be provided with radio equipment under a contract with
the Fire and Disaster Coordinator's Office with the following stipulations:
1. Maintenance of radio equipment would be the responsibility of the participating
ambulance service.
2, In the event new ambul^ces are purchased, the ambulance service must absorb
the CO it of transfer oif radio equipment .
There are 10 ambulances in service presently in Tompkins County, but we are request
ing two additional units to provide a reserve in the event major repairs necessitated the
removal of a radio. This would also provide at least one radio should a new sumbulance
service be established. (The formation of at least one and possibly two services has
been discussed in recent months.)
Affiliated with ALPHA • Areawide and Local Planning For Health Action. Inc.
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All equipment purchased nould be conqpatible with that being used in adjacent
counties as outlined by the New York State Bureau of Energency Health Services.
The system would contain;
1. Four frequencies
a. A frequency reserved by the FCC everywhere in the U.S. for use in medical
emergencies for hospital-to-hospital and hospital-to-ambulance commilhication
This is designed to allow any mobile unit to contact a hospital should it
be required to leave its service hospital.
b. The Tompkins County Hospital-to-ambulance frequency.
c. The frequency used for the Tompkins County Sheriff's radio communications
system.
d. Local government frequency which is used to connect the various local
governmental communications systems, e.g. the Fire and Disaster Coordinator
syston with the hospital.
2. Selective call capabilities provided by a touch tone encoder/decoder system.
3. Multiple frequency receivers.
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pIVIPKIIMS partnERM m HEALTH
OUNTY
OMPREHEIMSiVE HEALTH PLAIMIMINC3 COUB^ICIL
HERMAN M. BIGGS MEMORIAL BLDG.. 1287 TRUMANSBURG RO., ITHACA, N. Y. 14850
EMERGENCY MEDICAL SERVICES PROGRAM
1) Adoption of a Fire and Ambulance Ehiergency Niwnher
We will encourage the use by the public of one telephone number ^ich will
provide quick and coordinated response by all involved agencies when medical
emergencies occur.
A first step in this direction is the adoption of 273-8000 as the fire and
ambulance emergency number in most sections of the county. This is the number of the
Eire and Disaster Radio Communications System.
The Elnergency Mescal Services Committee and the Ton^kins County Comprehensive
Health Planning Council urges the Board of R^resentatives to pay for the monthly
rental of the telephone line, from Groton to West Green Street as an on-going espense
of the Hre and Disaster Coordinator's Office. We feel that the citizens of Groton
are entitled to the same emergency services that is provided all taxpayers of Tompkins
County. That cost is $92 monthly and provides to2kl-free, immediate connection with
fire and ambulance emergency services when 898-3800,Is-^led^. Use of an enteiprisenumber has been investigated but would not meet wit^'^e j^re insurance underwriters.
2) Devel^ent of a Radio Communications System for Emergency Medical Services in
Tompkins County (See acconpanying memo)
3) Development of a Eire and Ambulance Ehiergency Location Syst*^
When emergencies are telephoned in to the Eire and Disaster Coordinator Radio
Center, the geographical location of that emergency must be pinpointed in the shortest
possible time.^ Whatever location system is eventually adopted should be used by all
^ergency services in the county. Representatives of the public safety units on our
Emergency Medical Services Committee tell us that they are giving consideration to
various plans for developing such a locations system.
For use until a permanent location system has been adopted the Fire and Disaster
Office has devised a location system and is gradually putting it into operation. Its
virtues are that it iB'based on the tax maps already in use by the Tonpkins County
Assessment Office and that it is being put into operation without cost to the county.
Each resident will be given a telephone sticker containing the fire and ambulance
emergency number and the parcel number of the property on which he resides, as taken
from the tax maps. When given such a number the Fire and Disaster Coordinator's dis
patcher is able to send out an emergency vehicle quickly and accurately. Thanks to
the generosity of local banks the telephone stickers have been provided free-of-charge.
Volunteer fire companies are doing the clerical work involved and are distributing
the stickers.
Affiliated with ALPHA - Areawide and Local Planning for Health Action, Inc.
Emergency Medical Services Program
Emergency Medical Training
All personnel involved in delivery of emergency medical services; dispatchers,
ambulance personnel (both volunteer fire and professional) and some public safety
personnel should receive Bnergency Medical Training, The course offered by Tompkins-
CortlMd Community College is being taken by over 6o persons and the Council hopes
that it will be offered on a regular basis. The only other Emergency Medica3 Train
ing basic courses in this region are offered in Auburn and in Syracuse which requires
absence from work and is costly,
5) Preparation of a Disaster Plan
The above steps are vital in the preparation of a Master Flan for use in case
of a disaster. When completed the Bnergency Medical Services Committee will assist
John Miller, Fire and Disaster Coordinator, in'the development of such a plan.
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6/13/73
AGREEvIENT OP MUiMICIPAL COOPERATION FO^^20/74
CONSTRUCTION, FINANCING AND OPERATION
OF AN INTER-MUNICIPAL WATER SUPPLY AI>ID
TRANSMISSION SYSTEI^
THIS AGREET^ENT of municipal cooperation made as of this
j
day of , 1973, between the TOVJN BOARD OP THE
.^ TOWN OP DRYDEN, Tompkins County, New York, on its own behalf and on
i . I .behalf of DRYDEN VJATER DISTRICT 1 (hereinafter referred to as "Dryden")
the TOWN BOARD OP THE T014N OF ITHACA, Tompkins County^ New York
(hereinafter referred to as "Ithaca"), the TOV^N BOARD OF THE T0V7N OP
LANSING, Tompkins County, New York, on its own behalf and on behalf
of LANSING WATER DISTRICT i, and McKINNEY'S WATER DISTRICT (herein-
X; ' I 'after referred to as "Lansing") and the VILLAGE OF CAYUGA HEIGHTS,
* H • 'Tompkins County, New York (herieiiiafter referred to as "Cayuga Heights"),
' ' I 'all of the parties hereto somet^es collectively or individually, re-
•. i n 'ferred to hereinafter as "municipalities" or "municipality",
WITNESSETHs
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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 municipali
ties; and
VJHEREAS, Lozier Engineers, Inc. have prepared two engineers*
reports, one entitled "Engineers* Report on Proposed VJater 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 said report and
addendvim being hereinafter referred to as "Project I" and the report
and addendum together being referred to as "Report on Project I") and
a second report entitled "Engineers' Report on Proposed Water Trans-"
mission Facilities, Including V7ater Transmission Mains, Booster Station
r^jand Storage Tank" dated June, 1972, as supplemented by an addendum
j
dated March, 1973, reducing the scope of the initial project (the
project referred to in said second report as supplemented being, herein
after referred to as "Project II" and the report cxnd addendum on said
project being hereinafter collectively referred to as "Report on Pro
ject II"; and
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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 pur
suant to the authority granted generally to municipalities and water
districts wish to provide for the construction, operation, maintenance
and financing jointly of the v/ater supply and transmission systems
set forth in the foregoing reports; and
WHEREAS^ the parties hereto believe that the benefits to be
conferred by the construction and operation of the aforesaid projects
will permit assurance of adequate v;ater supply for the parties hereto
for their existing needs, will permit grovrth 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?
N0X*7, THEREFORE, in consideration of the premises and provis
ions hereinafter set forth the parties hereto mutually agree as
follcwss
i* Creation of Commission, There is hereby created an
executive body to be kno-v/i as the "Inter-Municipal X^ater Supply and
Transmission Commission" (hereinafter referred to as the "Commission")»
tj^.rd Commission shall consist or eight ms^rabers, two members being
appointed by each of the parties Of the members so appointed,
at least one mambar from each of the parties shall be from the govern
ing body of the appointing party. The members of the Commission sbnlX t
serve at the pleasure of the appointing party. The Commission shall
elect its ovm chairman, vice-chairman, secretary and treasurer pro
vided, hov7ever, 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 any five memlDers of the Commission and five affirmative
votes of the members present shall be necessary for any affirmative
action of the Commission. The Commission, insofar as is permitted
by lav;, shall have the following powers and duties?
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(a) The overall responsibility for and supervision
of the construction, operation, maintenance and repay
ment 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 construction, hiring of
appropriate personnel to service and operate the
projects^ assessing to eabh party to this agreement
the portion of costs allobable to each party for the
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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 pfOvide for the acquisition of supplies,
materials and latJbr necessary to construct, operate and
maintain Projects I and II.
(ii) Apply to the appropriate governmental
authorities, including the United States Government
and the government of the State of New York, for such
financial and other aid (including loans or grants)
that may be available for Projvicts I and II.
(iii) Establish such .md regulations
as it deems advisable re.U\Lin.vj the operation of
Projects I and II, incluii;>o.- vjiv.hout limitation,
rules and regulations relating to required plumbing
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inspections prior to connection to the system, and
n rules for handling emergency breaks in lines served
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' ^ by Projects X and II.
(iv) Provide for the enforcement of its
rules and regulations.
(v) In the event of breaks in lines
(vrhether in lines included in Projects I and II
or lines served by the projects) be empov/ered to
shut off water to all or any part of a municipality
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pending completion of appropriate repairs by the
Commission or by the municipality involved to the
satisfaction of the Commission.
. (b) In lieu of hiring its own personnel to contract with
any of the parties hereto or any other municipality or govern
mental agency or political subdivision for provision of personnel
services, use of equipment, use of supplies, etc., and the costs
of such contract shall be included in the cost of the operation
of the projects that shall be assessable against the parties
hereto in the manner hereinafter set forth.
(c) To make capital improvements to the projects before
and after completion of initial construction subject to the
approval and authorization of all the parties hereto and any
federal or state agencies as may be required.
(d) To call, arrange and conduct hearings in regard to the
furnishing of water service and make determination of any issues
thereat; to provide for the making of necessary inspections and
the keeping of all records concerning the maintenance of said
system. The Commission shall make all necessary-and required
reports, including those required by Article 3 of the General
Municipal Law.
The governing bodies of the respective municipalities may
at any time delegate such other duties and responsibilities to
the Commission as permitted bylaw and as mutually agreed.
If required by law to effectuate the purposes of this Agree
ment, the parties hereto agree to designate one of the governing
bodies of the parties to implement this Agreement by executing
documents;, paying personnel, formally letting bids, and any actions
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that by law must be conducted by a governing body of a muni
cipality and by law may not be conducted by or delegated to^ the
Commission. If the parties are unable to unanimously agree on
which governing body shall be so designated, it shall be the
Town Board of the Town of Ithaca.
2. Financing of Initial Construction. The initial construction
costs of Projects I and II shall be financed by the issuance of joint
indebtedness for each Project for which the joint faith and credit of
the parties hereto will be pledged for the payment thereof as herein-
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after set forth. The indebtedness for the Projects shall be in the
form of bonds, bond anticipation notes, or capital notes as the parties
may agree and all subject to the requirements of the Local Finance
Law and any other appropriate law. Failing agreement, such indebted-
I ness shall be in the form of bonds to be repaid over 30 years in the
[u amounts set forth in the appropriate Proposed Bond Schedule in the Re
ports on Project I and Project II. The anticipated total cost of Pro
ject I shall not exceed $4,150,000.00. The total cost of Project II
shall not exceed $1,930,000.00. Principal and interest payments for
both Projects shall be paid for jointly by all four 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 authorize the issuance of such obligations and to
provide for repayment of same, including, without limitation, authoriza
tion of appropriate bond resolution by each of the governing boards of
each of the parties hereto, execution of bonds by or on behalf of each
of the parties hereto 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 agree
ment, said payments 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 on 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 operation and maintenance costs of Pro
jects I and II which shall be 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 preceding 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 in four quarterly installments on February 1,
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May 1, August 1, and November 1, of the next year. The treasurer of
the Commission shall pay the operating and maintenance costs out of the
funds so received.
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 foregoing, the parties hereto
1 i
I 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 maintenance 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, 'notv^ithstanding
such payment, the party may take any legal steps to implement review
of such party's allocation.
5. Determination of Water Consumed. For the purpose 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
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consumed within a municipality but derived from other sources shall
be excluded in all computations required hereunder. It is 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 payable by each comm^lnity shall be based upon the readings of
such meters. If meters are inoperable or not available, such determi
nation 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 (in
cluding readings) as the Commission may request to enable the Commis
sion to make the foregoing determinations. At the Commission's option,
master meters may be installed at points of connection of the trans
mission lines of each Project to the distribution lines oimed by each
municipality for the purpose of deteming water consumed v/ithin each
municipality. If the Commission elects, the readings of such meters
may be substituted for the readings on consumers' meters.
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 per
formed their'duties for and in the municipality by v/hich they are
employed. To the extent required by law, the applicable Civil Service
rules and regula'tion shall be observed.
7• Title to Real Estate. Title to the real estate and ease
ments used in Projects I and II shall be taken in the names of Dryden,
Ithaca, Lansing 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 con
nection V7ith either Project X or Project II shall be held and used
for the joint water supply plant and related facilities, transmission
lines and pumping stations, and shall be used only for the purposes
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of Project'I and Project II unless all of the parties holding title
agree otherwise. This limitation of use shall be binding upon the
parties hereto and any of their successors in interest.
8. Pre-Agreement Costs. Prior to the execution of this agreement,
Lansing has acquired certain of the.real estate necessary for the water
supply station and has incurred costs for the purchase price of such real
estate and engineering services of Thomas G, Miller related thereto.
Other municipalities have incurred expenses to Lozier Engineers, Inc.
and legal expenses in connection with the study of the feasibility of
the project and applications for approval of the project from appro
priate governmental authorities and land acquisition expenses. After
execution of this agreement, the parties individually 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 be out of the proceeds of the joint indebtedness incurred hereunder
The road known as Bolton Road in the Town of Lansing leading from Route
34 to the water intake point on 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. Upon completion of the
road, in accordance with the terms and conditions of the agreement
between the Town of Lansing and Lucie G. Bolton, dated June 28, 1967,
the said road shall be transferred and maintained by the Town of Lansing.
9. 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 for 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 Project II shall be the several liability
of the parties, to be borne by each municipality in the same
proportion as the debt for Project II is allocable between the
parties. The Commission, or any one of the municipalities, may
place or take out appropriate insurance against any such possible
' 6/13/73 .
8/29/73
_ 'g _ 1/7/74^ 2/20/74
liability for protection and benefit of the Project and each individual
municipality, and the premiums for any such 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.
Duration of Agreement, This agreement shall continue 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 thereafter until further agreement of
all the parties hereto. This agreement may be modified at any time by
unanimous agreement of all parties hereto.
Acoounting and Bonding. Such fiscal officers and such
other employees as the Commission may determine and in any event any
^ Commission members or employees who handle funds shall before receiving
any monies 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 monies of either project handled by them, in such
aiTiounts as the Commission shall prescribe 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 sufficient.-
12. Settlement of Disputes. Any disputes between the parties
hereto arising out of the application or interpretation of this agree
ment shall be submitted for declaratory judgment to the Supreme Court
* •
of the State of New York in Tompkins County, New York.
13. Further Documents. It is the purpose and intent of the
parties hereto to make available an adequate supply of potable v;ater
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, construc
tion and supervision to accomplish such purposes, the parties hereto
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6/X3/73
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2/20/74
pledge themselves and agree amongst themselves to amend or supplement
this agreement in the future in any way desirable to provide addition
al authority v/hich may be deemed necessary to adequately and properly
create^ construct, maintain and operate the said projects.
J^^Qgality of ^art. 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.
• ^^^dihional 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 become
a part of Project I and Project II, Should the City of Ithaca evi
dence in a formal manner interest in becoming a party to this agree
ment, the parties hereto agree to consider such interest and to in
clude the City of Ithaca as a party to this agreement- upon the agree
ment of the City of Ithaca to share its proper cost of construction,
land acquisition, rights of way, engineering and legal expenses, debt
service, and operation and maintenance and other costs .of the projects
to be constructed in accordance herewith. Such addition of the City
of Ithaca to this agreement may be evidencedby 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 bGcominor a
participant in the water supply system,
> •
Future V7ater Districts in Dryden and Lansing. The
parties agree that should nev7 water districts be formed v/ithin the
municipal boundaries of Dryden and Lansing, and should such nev;
district elect, v/ater may be supplied to such districts from or
through Projects I and II provided, hov;ever, 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 agreevd to by all parties to this agreement prior to the
e;:ecution of svich supplemental agreement.
2/20/74
-llOa -
16a, Connection Charges. It is anticipated that extensions to
outside of existing water districts
existing water mains/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 property owner served by such
1 I
' - 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 within one year of the date of
completion of both projects, the completion date to be determined by the
Commission, there shall be no charge.
(b) If such connection occurs one year but less than two years
after completion, the charge shall be $25.00.
(c) If such connection occurs two years but less than ten years
after completion, the charge shall be $25.00 plus an additional amount
^ equal to $25.00 multiplied by the number of full years that have passed
n .^ I in excess of two since the date of completion (i.e., if the connection
occurs 4-1/2 years after the date of completion, the charge shall be $100.0
(d) If such connection occurs ten or more years after completion
i
the charge shall be $250.00.
The connection charges collected hereunder shall be applied to re
duce the funds required for principal and interest on the joint indebted
ness incurred hereunder. Thirty-two percent of the connection charges
excluding connection charges derived from extensions, enlargements, or
new districts in the Town of Lansing that do not utilize water mains or
lines lying within any other municipality, shall be applied to the indebt
edness for Project II. The balance of the connection charges (including
those charges for connections in the Town of Lansing) shall be applied
Pf 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 increase, 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
n
I i
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1/7/74
' 2/20/74
-7 11 -
property owner or pay the charges out of general revenues or obtain
the funds in any manner permitted by law.
Nothing contained herein shall limit the authority of each muni
cipality to impose additional connection charges on consumers within
their jurisdiction for any lawful purpose.
17. 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 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 that all legal
steps and approvals necessary to make this agreement a binding agree
ment upon such party have been taken and that this agreement is the
valid, binding obligation of such party. Such certification shall be
made in triplicate and a copy delivered to the Town of 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, this agreement shall become null and void. Once all
such certificates are received, each party shall be able to proceed in
accordance with the terms of this agreement and in full reliance upon
its validity.
18. Validation and Reliance. Each of the municipalities agrees
to initiate, undertake and complete all proceedings which are necessary
to construct and establish this intermunicipal water system and to
effectuate, otherwise, this project and the provisions of this agree
ment in accordance with all the applicable requirements of law. It is
understood by the parties hereto that each municipality has and will i^~
cur costs, expenses and liabilities in connection with all acts and pro
ceedings required to effectuate this agreement and that each municipality
is proceeding to initiate and establish the subject project in reliance
upon the agreement of the other municipalities do the same.
IN WITNESS-WHEREOF, the parties hereto have executed this agree
ment as of the day and year set forth .above.
i/7/74
2/20/7.4
- 12 -
n
TOWN BOARD OF THE TOWN OF DRYDEN
ON BEHALF OF THE TOWN OF DRYDEN
AND ON BEHALF OF DRYDEN WATER
TOWN BOARD OF THE TOWN OF ITHACA
TOWN BOARD OF THE TOWN OF LANSING
ON BEHALF OF THE TOWN OF LANDING
AND ON BEHALF OF LANSING WAT]
DISTRICT 1 AND McKINNEY'S WAT]
-7
VILLAGE OF C
By.
- 13 -
6/13/73
8/29/73
1/7/74
2/20/74
STATE OF NEW YORK
TOMPKINS COUNTY ss
On the U-t day of , 1974/ before me personally came
CHARLES G. McCORD, to me known, who being by me duly sworn, did de
pose and say, that he resides at 5 ICnoll Tree Road, Ithaca, Nev; York,
that he is the Supervisor of the T0I7N OF DRYDEN, the municipality
described in and which executed the within instrument; that he knows
the seal of said municipality; that the seal affixed to said instru
ment is such municipal seal; that it was so affixed by order of the
Town Board of the TOWN OP DRYDEN, and that he signed his name thereto
by like order.
STATE OF NEW YORK
TOIOPKINS COUI^TY ss
Baa.m
came
■7orn
(^the day of Y)lcthAJO, 1974/ before me personally
■ pA/h A / to me known, who being by me duly, did depoge and s^, i ^ ^ rthat he resides at ^(x-cJL
that he is a member of the To\7n Boar(^ . __ the TOim OFDRYDEN, the ihunicipality described in and vzhich executed the withininstrument; that he knows the seal of said municipality; that the sealaffixed to said instrument is such municipal seal; that it was so
affixed by order of the Town Board of the 'SOm OF DRYDEN, and that he
signed his name thereto by like order.
STATE OP NEW YORK
TOMPKINS COUNTY ss
Notary Public
^ AMUUft
day of ^IcOicJxJ 1974, before me personallyoaiaQ hit. / to me known, who being by me duly sv7C^,n,
depose arid say, that he resides at J7fo
^ ] •CI. t that he is a member of the Tofe Board"o'f theTO^'JN OF iIryden^ the municipality described in and v/hich executed tho
within instrument; that he knows the seal of said municipality; that
the seal affixed to said instrument is such munic5.pal seal; that it
vjas so affixed by order of the Town Board of the TOli'JN OF Dryden, and
that he signed his name thereto by like order.
Notary Public
ss
fl tLtli AMOUR
o'Tjsiy Public, Stste of NS3No. 65-5065350gaC. in Tompklna COHMfjtcm txplrfls March 80. la—
ca
On the day of 'y7)a.>ui./J , 1974 , before me personally
me , to me known, v7ho being by me dul:rn, did depose and say, that he resides at /QQ a'-/vA~ Boaf/a ofy/
I uepu&tsV? 7 that he is a member of theiZ., >rvrwivV trhTOvJi^i/ OF DRYDEN; "the municipality described in and which executed the
X7ithin instrument; that he knows the seal of said municipality; that
the seal affixed to said instrument is such municipal seal; that itv/as so affixed by order of the Tov/n Board of the TOt'JTJ OP DRYDEN, and
that he signed his ncune thereto by like order fMUUR
Notary Public
Wium Eublic, state of KM 2Ctt
No. 56-5066350
■gB&lrln Tompkina C{
Cntm ExpUfls Match Sflb
•V
- 14 -
STATE OF NEW YORK
TOI^IPKINS COUNTY
6/x3/V3
f/7%"
2/20/74
ss
On the dcda
Ccime
did ,djepose
y of i 1974, before me personally
%:d. ' known, who being by me dulvi sv/orn,
-77). --11 resides at^./ A' that he is a member of the Town^^Board of i±e TOtiM OFDRIDEN, the municipality described in and which executed the within
instrument; that he knows the seal of said municipality; that the
to said instrument is such municipal seal; that it was
so affixed by order of the Town Board of the TOtTTJ OF DRYDEN, and that
he signed his name thereto by like order.
Notary Public
STATE OF NEW YORK
TOMPKINS COUNTY SS
htLtn fl MOUK
taim B'ubllc, State of New m.'
No. 55-5065350
Suit, ill Tompkins CODIItS
tttwi DtplfBs Match ao, i^C
On the^tf^^ day of , 1974, before me personally
came VJALTER J, SCHV7AN, to me known, V7no being by me duly sxvorn, did
depose and say, that he resides at 16 Muriel Street, Ithaca, New York,
that he is the Supervisor of the TOVJjM OF ITHACA, the municipality
described in and which executed the within instrument; that he knows
the seal of said municipality; that the seal affixed to said instrument
IS such municipal seal; that it was so affixed by order of the To;'7n
Board of the TOWN OF ITHACA, and that he signed his name thereto by
like order.
Notary Public
IliD<yAT-Li) L. HLian'lN
ss
Notaiy Pu!))ic, State of New York
.-r- 554)254000Qualified in Tompkins County
ierm Expires March 30, 197rSTATE OF NEW YORK
TOMPKINS COtJNTY
/ On the day of ^ 1974, before me personally
came 1/fC7~0f^ , to me kfiown, v^o being by me dnjy sworn,
di(^ de^se and say, that he resides at /
^O/itC , and that he is a member of the Town Board of the TOWN
OF ITHACA, the municipality described in and which executed the within
instrument; that he knows the seal of said municipality; that the seal
affixed to said instrument is such municipal seal; that it was so affixed
by order of the Town Board of the TOWN OF ITHACA, and that he signed his
name thereto by like order.
STATE OF NEW YORK
TOMPKINS COUNTY
ss
Notary Public J^^^arv PuIiHc. state of New York
No. 554)254001)
Qualified in Tomiikins County
Term Expires March 30, 1974^
/ On the day of (/^/^Cy
, to me kho
, 1974, before me personally
came /V0^c J!^S.SC.H , to me khown, who beir^by me duly sworn,
didydepgse and say, that he resides at /3$L
^0/lK $ and that he is a member of the Town Board of the TOWN/\/iuJ ^0A
DF ITHACA,OF ITHACA,the municipality described in and which executed the within
ins^ument; that He knows the seal of said municipality; that the seal
a^ixed to said instrument is such municipal seal; that it was so affixed
b^ order of the Town Board of the TOWN OF ITHACA, and that he signed his
name thereto by like order. ^
Notary Public EpwAP-n l.
fJotai-y i'i-.h!ic , of iW iv Yi).!
^ No. 55-025-10::i)Qualificj^l in romjikiiis County
1 erm Expires March 30, Y)ir
I
\
1 *
n
-14A-
6/13/73
8/29/73
1/7/74
2/20/74
STATE OF NEW YORK
TOMPKINS COUNTY
ss
1974, before me personally
came
did d
yj On the day of ^
^~ f to fne known, who being ^ me dioly sworn,
^ose and say, that he resides at /J(3 ^ACCJ
A/^^iP/ZKL
DP ITHACA, tiOF ITHACA, th
and that he is a member of the Town Board of the TOWN
e municipality described in and which executed the within
instrument; that he knows the seal of said municipality; that the seal
affixed to said instrument is such municipal seal; that it was so affixed
by order of the Town Board of the TOWN OF ITHACA, and that he signed his
name thereto by like order.
IvDWAKl) L. iiKRC.iDN
STATE OF NEW YORK
TOMPKINS COUNTY
SS
Notary WmSc: MNiW York
No. 3;1-{)25.1()00
Qoiiiifieil in Tompkins Coimtv
'renn ICxpircs Murch 30, 197^^
On the ^7^^^ay of ^
/^qjejts , tp/m ^ ^
ipo^e and say, that he resides at /^h //^6
to/me known
1974, before me personally
who Js^ing by m^duly sx>7orn;came _
did de^-
AJ&U/ t and that he is a member of the Town Bocird of the TOWN
OF ITHACA, the municipality described in and which executed the within
instrument; that he knows the seal of said municipality; that the seal
affixed to said instrument is such municipal seal; that it was so affixed
by order of the Town Board of the TOWN OF ITHACA, and that he signed his
name thereto by like order.
Notary Public EDWARD L. i>i:R(..Ji:N
Notary Public, Stalo of New York
Nv>. 5rj-02540()(>
Q uiilif'od i.n Tojnnkins County
Term K::pires Murch 30, 197y
ST'TiT'Tr r\r? vrvnxr
TOilPKINS COUNTY
On the
WESLEY Mccam?
^
SS
^ day of
-IcDERMOTT to me known..
1974 r before me personally
did w]:io being by me duly sx7orn,depose and say, that he resides at Huhui-n frd- a oc^r^ /O■ y- -J. w — — / /^f ijbM !■ 'i y-:- ■ ^ " yNev; York , and that he is the Supervisor of the TOWN OF LA^lSI^fG, themunicipality described in and which executed the vzithin instrument;that he knows the seal of said municipality? that the seal affixedto said instrument is such municipal seal? that it x-zas so affixed by 'order of the Toxm Board of the TOl^TN OF LANSING, and that he signed his
name thereto by like order.
Nota^/^ublic
STATE OF NEW YORK
TOriPKINS COUNTY SS
J.WF C. PUSH
'i' ii". of New-York
. -c'f b'sro
i'' 1 onipkins;• oircs March 30,19 *7 4
)n^ the ^day of
(/ 'Jv f to me
and say, that he resides ac
1974, before me personally
to me known, x^zho ^ing by m^ duly sworn,
^od .
• tKfSk Town Hoard of th<^ /Ivd^oU yptAx r and that he is a member of" the Tovm" Boafd'bf th?
TOWN OF/ LM^SING, the m.unicipality described in and which executed the
X'/ithin instrument? that he knoxvs the seal of said municipality; that
the seal affixed to said instrument is such municipal seal; that it
V7as so affixed by order of the Tovzn Board of the TOI^TI^ OF LANSING, and
that he signed his name thereto by like order.
ry Publxc
•otarv 'n h'V-}' Y
rin'"j.' Countyno Ljcpnros March 30. IQ oill ']:>
30.19
-!rH70
- 15 -
6/13/73
8/29/73
1/7/74
2/20/74
n
n
STATE OF NEW YORK
TOMPKINS COUNTY ss
came
the day of , 1974.. before me personally
to me knov/n, v;ho being by me dijJLy sv7orn,
/Pal"did depose and say, that he resides at
A/gcl' yprkj , and that he is a member of the Town Board of the/ 0^ ^o<r../z.CcZ
TO VJI>J^ OF ^LANSING, the municipality described in and which executed the
within instr\^ent; that he knows the seal of said municipality; that
the seal affixed to said instrument is such municipal seal; that it
vzas so affixed by order of the Town Board of the TOVJN OF LANSING, and
that he signed his name thereto by like order.
ss
STATE OF NEW YORK
TOMPKINS COUNTY
On th'- ^
came /o
did jdeppse and say, that he
//« H
day of
I AMU INob^ry Public
M at cJi 3d. 19
, 1974 , before me personally
f to me kno\i7n, who being by mg duly sworn,
resides at 9C L ^7^/
he is a member of the Town Board of thefand that
TOt-®! 01^ LANSING, the municipality described in and which executed the
V7ithin instnment; that he knows the seal of said municipality; that
the seal affixed to said instrument is such municipal iseal; that it
V7as so affixed by order of the Town Board of the TO^TI^J OF LANSING, and
that he signed his name thereto by like yOrder.
Nj^^ry^ Public
p,,!.!;. c..'I New Yorh
STATE OP NEW YORK
TOriPKINS COUNTY SS
Oir'li'ie ' i:; iMinidMiis County
Term ILxumw Mareh 39.19
On the / / day of , 1974 , before me personally
^ ^ ^ known, who being by pje duly ^worn,
say, that he resides at
orn.came
<^d depose and
and that he is a member of the Town Board of the
^
T07iN OF LANSING, the municipality described in and which executed the
within instrument; that he knows the seal of said municipality; that
the seal affixed to said instrument is such municipal seal; that it
was so affixed by order of the Town Board of the TOVIN OF LAITSING, and
that he signed his name thereto by like pfder.
STATE OF NEW YORK
TOMPKINS COUNTY ss
On the iLA day of
NotarwPublic
C\n*nH
1974, before me personally
came FREDERICK C. MARCrlAT^, to me knovTn, who being by me duly sv;orn,
did depose and say, that he resides at 112 Oak Hill Road, Ithaca, New
York, and that he is the Mayor of the VILLAGE OF CAYUGA HEIGHTS, the
corporation described in and vjhich executed the V7ithin instrument;
that he knows the seal of said corporation; that the seal affixed to
said instrument is such corporate seal; that it V7as so affixed by
order of the Village Board of the VILLAGE OF C2VYUGA HEIGHTS, and that
he signed his name thereto by like order.
ROSE M. TIERNKV
Mbtary Public, Sb.tc of New Yoxk
Wo. SS-SO.WS
Qualifiod in Tompkjns Ccrai
Tonn Expires March 30, 19-.
/ /^Ao t£c.
6/13/73
8/29/73
T ^ 1/7/-/4- 16 - 2/20/74
STATE OF NEW YORK ;
TOMPKINS COUNTY ; ss
On the day of / 1974", before me personallyncame t to me knoim, who being by me duly sworn,
did depose and say, that he resides at
,.that he is a member of the Town Board of the
Town of the municipality described in and which execu
ted the within instrument; that he knows the seal of said municipality;
that the seal affixed to said instrument is such municipal seal; that
it was so affixed by order of the Tovm Board of the TOm OF /
and that he signed his name thereto by like order.
Notary Public
n
1 I
1/7/74
2/20/74
- 17 -
SCHEDULE A
FINANCING & DEBT ALLOCATION FOR PROJECTS I AND II
I. PROJECT I;
(a) Debt Allocation. For purposes of debt allocation 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 from the system consumed 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 based upon such
figures. Until the Commission determines otherwise, the debt alloca
tion shall be as follows:
NAME OF MUNICIPALITY PERCENTAGE OF DEBT
Dryden 2.338
Ithaca 55.065
Lansing 27.013
Cayuga Heights 15.584
(b) Financing of Principal and Interest and Operation and Mainten-
ance Costs. Each of the parties agrees to pay to the Commission an
' I _i
amount for water consimed from the system in their own municipality in
accordance with a uniform water rate schedule in the amounts indicated
on Exhibit 1 hereto, said schedule to be applied to the ultimate con
sumers 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 accord
ance with such water rate schedule or by assessments or by any other
manner permitted by law. However, regardless of the method chosen by
each municipality to actually raise their share due to the Commission,
the amount payable shall be computed as if each municipality adopted
Exhibit 1 and charged the ultimate consumers thereunder. All of the
I water rent revenues derived from Lansing, except revenues derived from
Lansing's McKinney's Water District, and 68% of the water rent revenues
derived from Dryden, Ithaca, Cayuga Heights and Lansing'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 indebt
edness 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 por
tion of such deficit, the portion applicable to each party to be
6/13/73
8/29/73
- 18 -
determined by multiplying the total deficit by a fraction, the
denominator of which is the amount of water consumed in all the
municipalities during the immediately preceding four billing quarters
f I
j J as determined by the Commission, and the numerator of which is the
amount of water consumed in such period by the individual municipality
v;hos6 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 on February 1,
May 1, August 1, and November 1 of each year.
II. PROJECT II;
(a) Debt Allocation- The allocation of debt shall be made
•R annually between the municipalities in proportion to the vjater con-
J sumed 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 based upon such figures. Until the
Commission determines otherwise, the debt allocation shall be as
follows 2
NAI'>1E OF MUNICIPALITY PERCENTAGE OF DEBT
Dryden 3.194
Ithaca 75.225
Cayuga Heights 21.290
Lansing 0.291
(b) Financing of Principal and Interest on Construction
R Indebtedness and Operation and Maintenance. The costs of debt ser-
! j "
vice and operation and maintenance of Project II shall be paid first
by the application of the balance of water rent revenue derived from
Dryden, Ithaca, Cayuga Heights and Lansing's McKinney's Water Dis
trict (32% of such revenues). If such revenues exceed the amounts
needed to pay such costs, the surplus shall be disposed of as set
forth in the agreement. If such revenues be insufficient, the
deficit shall be paid by the municipalities in proportion to the
6/13/73
8/29/73
^ IQ 1/7/7419 - 2/20/74
vzater consumed 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 Lansing'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 shall be deemed to be only the v/ater consumed in Lansing's
McKinney's Water District. The payments to the Commission for Project
II shall be made simultaneously v/ith the payments for Project I.
11I» WATER PENT SUPxCHARGES AND BENEFIT tnN7IT CHARGES
Nothing contained in this Schedule or elsewhere in this agreement
shall prohibit each of the municipalities that is a party hereto from
adding a surcharge to the v/ater rate schedule or assessing benefit •
unit charges to customers vzithin their ovm municipality for the pur
pose of financing debt service or operation and maintenance charges
of v/ater 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. DECREASE IN WATER RATE SCHEDULE
The parties hereto are making an application to the United
States Government, Department of Housing and Urban Development for
financial assistance in connection V7ith Projects I and II. If the
assistance contemplated in such application is forthcoming, unless
the parties otherv/ise agree each of the rates set forth in the water
rate schedule annexed hereto shall be decreased by a percentage of
each unit of v/ater consumed, the percentage to be equal to the per
centage reduction in total costs of both Projects (debt service and
operation and maintenance) estimated as a result of the receipt of
such assistance.
-20-
EXHIBIT I
WATER RATE SCHEDULE
8/29/73
'74
2V
Unit Cost
Meter
Size
Cu.
Min
Ft. Allowed
, Charge
Water
Charge
Thousand
Gallons
per 1000
Gallons
Small 1,200 7.80 8.98 .869
1 "3,200 18.60 23.94 .777
1-1/2 "
2 "
5,500
11,200
31.02
60.12
41.14
83.78
.754
.718
3 "16,000 79.32 119.68 .663
4 "24,000 111.72 180.27 .620
6 "42,100 183.72 314.91 .583
First 1,200 per 100 :at .65 = 7.80
Next 8,800 per 100 at .54 = 47.52
Over 10,000 per 100 at .40 =360.00
8.98
65.82
683.20
.869
.722
.535
Multiple Housing and mobile home parks of over 2 units, using a master
meter, will be computed as follows: The quarterly master meter read
ing x.ill be divided by the number of dwelling units and the water
charge will be figured on this number as 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.
^ t *
SCHEDULE B
2/20/74
DEFINITION OF UNITS
FOR PURPOSES OF
CONNECTION CHi^RGES
Single family house
Two family house
Multiple dwellings
Mobile home park
1 unit
2 units
1 unit for each dwelling unit
1 unit for each mobile hone space
Commercial property
(Not otherwise defined)
1 unit for each store or separate
place of business
School ~ education, non-residen
tial
1 unit for each 10 students or
faculty
Group living accommodations
(e.g., dormitories or other
facilities where groups of
generally unrelated persons
reside)
1 unit for each 3 beds or 3 occupants
Motels 1 unit for each sleeping room
Boarding houses and rooming
houses
1 unit for each sleeping room or
for each two occupants, whichever
results in more units
Professional offices
Gas Stations
Industrial
1 unit for each office
1 unit for each service bay or stall
1 unit for each 16,000 cubic feet
or part thereof of water estimated ^
to be consumed annually
Restaurants and food service
establishments
1 unit plus 1 unit for each
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
in the largest number of units. The final determination of the applicable
category shall rest with the Commission.
Any uses not specifically defined may be defined by the Commission