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HomeMy WebLinkAboutTB Minutes 1974-04-08TOWN OP ITHACA REGULAR BOARD MEETING April 8, 1974 - 5s00 p.m. At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town of Ithaca Offices at 108 East Green Street, Ithaca, New York, on tfae 8th day of April, 1974, at SsOO p.m., there were PRESENT s Walter J. Schwah, Supervisor Noel Desch, Councilman Andrew W. McElwee, Councilman Victor Del Rosso, Councilman ABSENTS Rbbert N. Powers, Councilman The meeting was called to order at 5s15. APPROVAL OF MINUTES Motion by Supesnrisor Schwan; seconded by Councilman Del Rosso, RESOLVED, that the minutes of February 11 and 18, 1974 be approved, as presented. Unanimously carried. PROPOSED PYRAI4ID SHOPPING MALL Mrs. Sandra Gittelman of Tudor Road presented to the Board copies of petitions from the citizens of the Town of Ithaca to the Tompkins County Board or Representatives in opposition to the proposed Pyramid Shopping Mall in Leinsing. Mrs. Gittelman said the purpose of the petition was to urge area-wide planning and cooperation between var ious municipalities (Town and Village governments) in the considera tion of proposals similar to the Pyramid. The Ithaca Town Board ex pressed a willingness to work with other towns in matters like this, but indicated some doubt as to how effective such cooperation might be (as between different municipalities and their individual zoning problems). There was also some question as to whether the Co\mty ought to be involved in town zoning. The petitioners opposed the proposed Pyramid Shopping Mall for the following reasons: (1) The entire Ithaca area has a responsibility for the commercial viability of its down town and would prefer to see shopping concentrated there, where streets, sidewalks, parking, and police al ready exist. The Ithaca area should have quality stores in a central location. (2) The concept of encouraging more long-distance driving is contrary to the pattern of restricting energy requirements; further more, shopping centers do not meet the needs of people without cars. (3) The Ithaca area is already ringed with shopping centers, some of which are only half-filled. ' (4) The secondary roads in Lansing, Cayuga Heights, Dryden and the town of Ithaca have not been laid out to support such a heavy expansion of traffic, and if they are widened and multiplied, the en tire character of these neighborhoods will change. (5) The present sewer lines are inadequate to such an enter prise; if new lines are laid through what is known to be shallow sur face rock, the cost to area residents will be too great. (6) Seventy acres of black topping at the Triphammer site will flood Lake Shore culverts below. This problem will become un bearable when the projected industrial park at the airport is also expanded and causes run-off rather than soil absorption. - 2 -Aptil 8, 1974 (7) Covering 70 adres of good farmland with macadam will take a large area out of natural circulation/ never again to grow grass and trees or preseht either a pleasant residential prospect or a good first impression Of Ithaca. Mrs. Gittelman indicated that the petitions were signed by some 200 citizens. PUBLIC HEARING - BOLTON POINT MODIFICATION OF WATER SUPPLY > : PROJEdir I Proof of posting and publicatibn havihg been presented by the Town Clerk, Supervisor Schwan opened the hearing. He indicated that the purpose of the hearing is to cOnsidef the modification of the origi- resolution to indicate the relocation of the water treatment plant at an alternate location approximately 1,100 feet to the south of the location originally set forth on the original plans. No one appeared to speak against the proposed modification. The hearing was, therefore, closed and the Board took the following action: PRESENT: ABSENT: At a regular meeting of the Town Boatd of the Town of Ithaca, Tomp- kins County, New York, held at 5:00 p.m., at 108 East Green Street in said Town, on the 8th day of April, 1974, Supervisor Walter J. Schwan Councilman Noel Desch Councilman Andrew W. McElwee Councilman Victor Del Rosso Councilman Robert N. Powers In the Matter of The Modification of Plans for the Establishment of the Town Wide Water Supply Benefited Area of the Town of Ithaca, Tompkins County, New York. WHEREAS, by resolution of the Town Board of the Town of Ithaca adopted March 25, 1974, it was ordered that public hearing be held in the Town of Ithaca on the 8th day of April, 1974, at 5s30 p.m. at the Town Offices at 108 East Green Street, in the City of Ithaca, New York, for the purpose of considering the modification of plans for the construction of the facilities for the Town Wide Water ^ Supply Benefited Area (Bolton Point Intermunicipal Project) by re locating the water treatment plant at an alternate location approxi- 1 mately 1,100 feet to the south of the location originally set forth on the original plans, which relocation has been shown on the modi fied plans submitted by Lozier Engineers, Inc. and previously filed in the Office of the Town Clerk, and also for the purpose of con sidering the revision of the present estimates of the share of the Town of Ithaca, and WHEREAS, said notice was duly published in the Ithaca Journal on the 28th day of March, 1974 and duly posted on the sign board in the Town Offices at 108 East Green Street, Ithaca, New York, on the 28th day of March, 1974? and - 3 - April 8, 1974 WHEREAS, a public hearing was held at the time and place aforesaid and no one appeared to object to the proposed modification, NOW, THEREPORfi, it was moved by Supervisor Schwan and seconded by Gouncilmah McElwee, that the modification of the plans by the relocation of the water treatment plant as aforesaid is here by approved and the revision of the estimates of the allocation of costs to the Town of Ithaca in the amount of $2,324,000.00 is hereby approved. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Councilman Del Rosso, vbting aye. Councilman McElwee, voting aye. Councilman Desch, voting aye. Supervisor Schwan, voting aye. The resolution was thereupon declared duly adopted. PUBLIC HEARING - BOLTON POINT MODIFICATION OF WATER DISTRIBUTION - PROJECT II Proof of posting and publication having been presented by the Town Clerk, Supervisor Schwan opened the hearing, indicating that the pur pose of the hearing is to consider the modification of the Plans for the Establishment of the Town Wide Water Distribution Benefited Area by including the Town of Lansing acting in behalf of the McKinney Water District in said Town as a fourth participant in the agreement of municipal cooperation entered into between the Towns of Dryden, Ithaca ^d Lansing and the Village of Cayuga Heights, and by revising the estimated share of the cost allocated to the Town of Ithaca to $1,460,700.. No one appeared to speak against the proposed modification. The hear ing was, therefore, closed, and the Board took the following action: At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at 5:00 p.m. at 108 East Green Street in said Town, on the 8th day of April, 1974. PRESENT: Supervisor Walter J. Schwan Councilman Noel Desch Councilman Andrew W. McElwee Councilman Victor Del Rosso ABSENT: Councilman Robert N. Powers In the Matter of The Modification of Plans for the Establishment of the Town Wide Water Distribution Benefited Area of the Town of Ithaca, Tompkins County, New York. WHEREAS, by resolution of the Town Board of the Town of Ithaca, adopted March 11, 1974, it was ordered that a public heauring be held in the Town of Ithaca on the 25th day of March, 1974 at 7:30 p.m. at the Town Offices at 108 East Green Street in the City of Ithaca, New York, for the purpose of considering the modification of plans for - 4 - April 8, 1974 the establishment of the Town Wide Water Distribution Benefited Area of the Town of Ithaca, Tompkins County, New York, in connection with the comprehensive Bolton Point Intermunicipal Project, by including the Town of Lansing acting in behalf of the McKinney Water District in said Town as a fourth participant in the agreement of municipal cooperation entered into between the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights; and by revising the esti mated share of the cost allocated to the Town of Ithaca to be $1,460,700 due to a revision of the estimate of water to be consumed by the residents of the Town of Ithaca, and WHEHEAS, said notice was duly published in the Ithaca Journal on the 14th day of March, 1974, and duly posted on the sign board in the Town Offices at 108 East Green Street, Ithaca, New York, on the 14th day of March, 1974; and WHEREAS, a public hearing was held at the time and place aforesaid and no one appeared to object to the proposed modifica tions, NOW, THEREFORE, it was moved by Supervisor Schwan and seconded by Councilman Desch that the Town Board of the Town of Ithaca hereby approves the modification of plans for the aforesaid water improve ment by the inclusion of the McKinney Water District in the Town of Lansing in the distribution system and by revising the estimated share of the estimated cost to be allocated to the Town of Ithaca to be the sum of $1,460,700. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows; f** Councilman Del Rosso, voting aye. Councilman McElwee, voting aye. Councilman Desch, voting aye. Supervisor Schwan, voting aye. The resolution was thereupon declared duly adopted. * * * * PUBLIC HEARING - REZONING OF LAND OF LAGRAND CHASE FROM R-30 to R-15 Proof of posting and publication having been presented by the Town Clerk, the Supervisor opened the hearing in the above matter. The Town Attorney was concerned that a metes and bounds description has not been provided. The sense of the Board was to rezone the land at this time with the understanding that the Town Attorney will prepare at a later date a more specific description of the rezoned area in terms of metes and bounds, including directions for zoning map change. At that time the Board will adopt the more specific description by formal resolution. In the meantime, no one appearing to speak against the proposed rezoning, the Board took the following action: Motion by Supervisor Schwan; seconded by Councilman Del Rosso, RESOLVED, that the property of Lagrand Chase west of Ridgecrest Road, Ithaca, Tompkins County, New York, being the parcel designated on the tax map on file in the Town Clerk's Office, Town of Ithaca, New York as Parcel 45-1-2.2 and containing approximately 53 acres of land be re-zoned from R-30 to R-15, it being understood that the Town Attorney will prepare at a later date a more specific descrip tion of the re-zoned area in terms of metes and boiinds, with direc tions for appropriate zoning map change, which said more specific description will be adopted by formal resolution at a regular or special Town Board meeting. Unanimously carried. - 5 - April 8, 1974 BIDS ON CODDINGTON ROAD WATER EXTENSION Supervisor Schwan reported that eight bids had been received on the Coddington Road Water Extension^ ranging from $24,990 to $39,984. The low bid of $24,990 was submitted by Piccirilli Brothers, General Contractors, Inc., 6 Stuyvesant Street, Binghamton, NeW York. The bid will not be awarded until the Town Board receives from Lozier Engineers, Inc. their redommendation on the bid, after checking the figures and compliance^ with the specifications. BOLTON POINT BOND RESOLUTIONS The Town Board adopted two bond resolutibns with respect to the Bolton Point project, one for the Water bupply System entitled: BOND RESOLUTION DATED April 8, 1974, A RESOLUTION AUTHORIZING THE JOINT CONSTRUCTION OP A WATER SUPPLY SYSTEM TO SERVE JOINTLY VARIOUS AREAS IN THE TOWNS OF DRYDEN, ITHACA AND LANSING AND THE VILLAGE OP CAYUGA HEIGHTS, IN THE COUNTY OF TOMPKINS, NEW YORK, AT A TOTAL ESTIMATED COST OF NOT EXCEEDING $4,150,000, INCLUDING INCIDENTAL EXPENSES IN CONNECTION THEREWITH AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $4,150,000 JOINT SERIAL BONDS OF SAID TOWN OF DRYDEN, SAID TOWN OF ITHACA, SAID TOWN OF LANSING AND SAID VILLAGE OF CAYUGA HEIGHTS, ALL IN TOMPKINS COUNTY, NEW YORK. and the other for a Water Distribution System entitled: BOND RESOLUTION DATED April 8, 1974, A RESOLUTION AUTHORIZING THE JOINT CONSTRUCTION OF A WATER DISTRIBUTION SYSTEM TO SERVE JOINTLY VARIOUS AREAS IN THE TOWNS OF DRYDEN, ITHACA AND LANSING AND THE VILLAGE OF CAYUGA HEIGHTS, IN THE COUNTY OF TOMPKINS, NEW YORK, AT A TOTAL ESTIMATED COST OF NOT EXCEEDING $1,930,000, INCLUDING INCIDENTAL EXPENSES IN CONNECTION THEREWITH AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $1,930,000 JOINT SERIAL BONDS OF SAID TOWN OF DRYDEN, SAID TOWN OF ITHACA, SAID TOWN OF LANSING AND SAID VILLAGE OF CAYUGA HEIGHTS, ALL IN TOMPKINS COUNTY, NEW YORK. (These resolutions in their entirety are attached to the official minutes on file in the Town Clerk's Office.) /a/ /a/>/oa/€ ^9 7*/-, n L - 6 - April 8^ 1974 Edmimd T. Cranch, owner of land in the vicinity of the Bolton Point Propct questioned the Board closely about how the land in the area would be used, what the towns are going to do there, the sediment that might form, the height of the proposed sttuctures, the relationship of the plant to future expansion, the prognosis for demand (water) relative to capacity, whether the site would be landscaped at once, the nature of the right of way, the sub'-surface• It appeared Mr. Cranch would be able to get further information on these matters from Mr, Thomas Miller and from LOzier Engiheers, Inc. TRANSFER OF FUNDS Motion by Supervisor Schwan? seconded by Councilman MCElwee, RESOLVED, that $42,000 be transferred from Town Surplus (Account A- 2810) to Bolton Point (Account A8030.0) to cpVer purchase of Zifchock land and a bill from Lozier Engineers, Inc. for the final survey of the transmission which is about $5,000, Unanimously carried. AGREEMENT FOR EXPENDITURE OF HIGHWAY MONIES Highway Superintendent Morey presented estimates of money to be ex pended for highway resurfacing for the coming year. Supervisor Schwan read from the estimates presented by Mr. Morey, indicating a total of $38,511 covering 35,5 miles of Town highways. Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that the Agreement for the Expenditure of Highway Moneys, as presented by the Highway Superintendent in the amount of $38,511 to cover 35,41 miles of Town highways, be approved. Unanimously carried. EASTWOOD COMMONS DEVELOPMENT Mrs. Holcomb, Planning Board Chairwoman, and Ken Kroohs, Planning Engineer, noted that some provision should be made for the ditch work underground on Honness Lane between Mr. Schickel's Eastwood Commons road and the Slaterville Road. The work is scheduled for this summer. Mr. Schickel is uncertain whose responsibility it is to pay for the catch basin at the corner within the Honness Lane right-of-way, PUBLIC HEARING - CAMPBELL AVENUE ir4PR0VEMENT Proof of posting and publication having been presented by the Town Clerk, the Supervisor opened the hearing on the above matter. No one appearing to speak for or against the proposed improvement, the Supervisor closed the hearing and the Board took the following action; Motion by Supervisor Schwan; seconded by Coxincilman Del Rosso, RESOLVED, that the Town of Ithaca proceed with the acquisition of required deeds and drainage easements and directs the Highway Super intendent to upgrade the road to Town Highway Department specifica tions before it is actually designated as a Town Road, Campbell Avenue. Unanimously carried. Supervisor Schwan said that before the Town takes over the road the Town will upgrade it (Campbell Avenue) and then take title; that the Town should proceed as soon as possible to acquire the deeds and ease ment for drainage required. - 7 - April 8, 1974 STREET NAME CHANGES Upon the recommendation of the Ithaca Planning Board the Ithaca Town Bocurd took the following action: Motion by Supervisor Schwan? seconded by Councilman McElwee, RESOLVED, that the street names St. Catherine's Circle East and St. Catherine's Circle West be deleted euid that they be replaced with the n^es Blackstone Avenue and Siena Drive, described as follows: Con tinuing the name Blackstone Avenue from the intersection with Hanshaw Road along the easterly branch of the road bordering St. Catherine's Church to its intersection with Christopher Lane (that road fronting Lots 1-12, Block 1); the portion of the street bordering the western side of St. Catherine's Church to be known as Siena Drive to its in tersection with Chistopher Lane (that road fronting on Lots 1-15, Block 3) (See Town of Ithaca Map No. 374.) Unanimously carried. APPROVAL OF WARRANTS Motion by Councilman Desch; seconded by Councilman Del Rosso, RESOLVED, that the warrants dated April 8, 1974, be approved in the following amounts: General Fund $ 32,141.10 Highway Fund ........ 5,539.33 Water and Sewer Fund 6,548.37 Unanimously carried. PUBLIC HEARING - EXTENSION OF NCR BUILDING Proof of posting and publication having been presented by the Town Clerk, Supervisor Schwan opened the hearing in the above matter. The Board reviewed the plans as presented by Lawrence Anderson, NCR Architect, and Edward M. Olmstead, NCR Plant Engineer He noted that the Town of Ithaca Pl?^r.ntng Board, by resolution adopted on the 26th of March, 1974, made the following recommendations to the Ithaca Town Board: That the proposed extension to the NCR offices be approved on the conditions that: (1) a portion of the front parking lot as shown on the site plan dated March 19, 1974 by Lorenz, Williams, Lively and Likens be moved to meet the requirement that parking shall not be allowed with in the required front yard. (2) That a more detailed drainage plan be presented with particular attention to: a, the contours and drainage between the proposed building and Danby Road? b. the present drainage pattern on the entire NCR site cuid the connection of the new drainage system to the existing system. (3) That a detailed landscaping plan be presented. (4) That the location of hydrants be clearly shown. (5) That detailed utility plans be presented. 1 1 - 8 - April 8, 1974 Supervisor Schwan read a letter dated April 1, 1974 which he had received from Dr. Frederick Beck, of 906 Danby Road. Dr. Beck said that the proposed extension wbuld add to the traffic problems in the area, particularly in view of what has already happened in the areas the widening of Danby Road and the new road built by Morse Chain Com pany with an entrance on Danb]/ Road. Dr. Beck said he was unhappy about the changes in the area and felt the Planning and Town Boards should protect the Xresidential property owners of the area. Discussion developed the fact that NCR plans covered all the conditions of the Planning Board Recommendations except for a detailed landscap ing plan. Mr. ^derson indicated that they are also working out a traffic study with Ithaba College and taking other measures to improve flow in the area (staggered hours, for example). Councilman Desch said he was vefy much concerned about the amount of parking con centrated in the front which presently is a beautifully wide area. He had no complaint about the building, but was concerned that a large amount of black-top would be Ooncentrated in a small area. Council man Desch s^id he was opposed to the extension only because of the parking arrangement. No other persons appearing to speak for or against the proposal, the Supervisor closed the hearing, and the Board took the following action: Motion by Supervisor Schwan; seconded by Councilman McElwee, RESOLVED, that the extension proposed by NCR, as on the presented site plan, be approved with the stipulation that such approval is con ditioned on approval of landscaping pleuis and in accordance with Town specifications. Upon roll call the vote was as follows: Councilman McElwee, voting aye. Councilman Del Rosso, voting aye. Supervisor Schwan, voting aye. Councilman Desch, voting nay. The resolution was thereupon duly adopted. PUBLIC HEARING - FAMILY GROCERY STORE > e-*. i t ON RT. 13 - Owners, Mr. and I4rs. Thomas Bell ) plan approval Proof of posting and publication having been presented by the Town Clerk, Supervisor Schwan opened the heeuring In the above matter. Supervisor Schwan read the recommendation of the Town of Ithaca Plan ning Board, adopted by resolution at their meeting on March 26, 1974, summarized as follows: That the Planning Board of the Town of Ithaca felt that a retail grocerystore placed on the land owned by Mr. suid Mrs. Thomas Bell on Elmira Road adjacent to the Millbrook Bread site is a reasonable use of the land, that they reconanended that the Town Board, at a public hearing, consider final site plan approval with the following conditions: (1) The proposed landscaping be spelled out as to types and numbers of pleuits and that a planting schedule be stated. (2) The service road and parking area shall be surfaced with a dust-free material. (3) The proposed entrance from Elmira Road be allowed only until such time as the service road is extended to the property or properties to the South, at which time the proposed entrance onto the Elmira Road will be closed off. (4) Approval is received from the Health Department for water and sewer service. - 9 - April 8, 1974 (5) No sign approval is included. (6) Percentage of grade on the patking area be reduced to a maximum of 4%. No one appearing to speak for or against the proposed site plan approval for the Bell Family Grocery Store, the Board took the follow ing action s Motion by Supervisor Schwan; i^ecbnded by Councilman Desch, RESOLVED, that the Town Board of the Town of Ithaca approves the site plan for a family grocery store on the Elmira Road in the Mancini light industrial district (for Mr. and i4rs. Thomas Bell), with the stipulation that the proposed entrance from Elmira Road be allowed only until such time as the service road is extended to the property or properties to the south, at which time the proposed entrance onto the Elmira Road will be closed off. Unanimously carried. AERIAL PHOTOGRAPHS Mrs. Holcomb reported that it appeared there was soitle confusion as to what it would cost the Town for Aerial Photographs which ' the County Planning Board is planning to make available when the photographs are completed for the whole County. Councilman Desch felt they should fly the aerials and set the cost of flying in the cost of the prints.. This matter was tabled until more specific in formation could be obtained. APPLICATIONS FOR POSITION OF PLANNING ENGINEER Mrs. Barbara Holcomb, Planning Board Chairwoman, reported that 19 applications for the position of Planning Engineer had been received and that follow-up letters had been sent to what was judged to be the most promising five. There has been one response and Mrs. Hol comb recommended that he be brought to Ithaca for interview. The Board agreed cind appointed a committee of Supervisor Schwan, Council man McElwee, Councilman Desch, Councilman Del Rosso, Planning Board Chairwoman Holcomb, and Planning Engineer Kroohs to interview the prospect on April 15. VINCENT R. FRANCIAMONE - 108 Ridgecrest Road REQUEST FOR RE-ZONING Supervisor Schwan reported that a request had been received from Mr, Vincent R. Franciamone for a re-zoning of his property at 108 Ridgecrest Road from R-30 to R-15, Motion by Councilman Desch; seconded by Supervisor Schwan, RESOLVED, .that the request of Vincent R. Franciamone for re-zoning of his property on 108 Ridgecrest Road from R-30 to R-15 be tabled. Unanimously carried, ADJOURNMENT The meeting was adjourned to April 15, 1974 at 7s30. Town Clerk (See following page for list of additional persons present at this meeting.) - 10 - April 8, 1974 ALSO PRESENT AT THIS MEETING r r Barbara Holcomb, Plauining Board Chairwoman Kenneth Kroohs, Planning Engineer Marion Morey, Highway Superintendent Reynolds MetZr Zoning Officer Beverly Livesay, County Representative Hugh (Sam) MacNeil, County Representative Sandra Gittelman, 109 Tudor Rbad Edward M. Olmstead, NCR, Plant Engineer Lawrence Anderson, NCR Architect Radio, TV, and Press A. C. 984 n T.H.21 - 1966 AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS 1 AGREEMENT between the Town Superintendent of the Town of I'th.S.ca Tomplfins County, New York, and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows: 1. GENERAL REPAIRS. The sum of S383H «Q0 shall he set aside to he expended for primary work and general re pairs upon 35 > 4X miles of town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof. 2. PERMANENT IMPROVEMENTS. The following sums shall be set aside to he expended for the permanent improvement of town highways: (a) On the road commencing at 0R137 and leading to Fit .13 > a distance of 1 miles, there shall he expended not over the sum of $ 2000 »00 Type Kocld Mix Width of traveled surface 18 Thicknessl /2*'Suhbase GraV8l Seal Goat (b) On the road commencing at OR 137 and leading to OFl 172 , a distance of 2 ..25 miles, there shall he expended not over the sum of $ 13000 .Ow Type SiCltl ^OpS Width of traveled surface 20 * Thickness Suhbase GPaVcl Repair Frost Boil d.Gulverts Pc. aurfgnp trpat (Culver Hill.Pooie fed) (c) On the road commencing at Pity Tiitie and leading to OR 172 a distance of d ^07 miles, there shall be expended not over the sum of S 10 y 000 « 00 Type Sl^ln Tops Width of traveled surface 20 ^ Suhbase GraVSlthickness 1 ./2 " ^Elm 3t...YerL Or^jV/Qlfe R",^Drew Ri^) 1 Bal 1:3393. QV.here needed. No moneys set aside for such permanent improvements shall he expended, nor shall any work he undertaken on such improvements, until the County Superintendent approves the plans, specifications and estimates for such construction. This agreement shall take effect when it is approved by the County Superintendent of Highways. Exe^cuted in^duplic^te this ^ day of ; Supervistir Justice of I' ncnman Justice ^ C Peace - Councilman ouncilman Councilman Councilman The foregoing Agjeement is^ereby approved this i ,j of Cogncili Town Superintendent iup<!rintend«'nt of 1 lighvrf^ \ NOTE: This Agr4!cm<'nl should b«? signed in duplicate by a majority of the members of the Town Board and by the Town Superintendent. vtrd by the County Superintendent. One copy must be filed in the Town Clerk's office and one in the CountyBoth copies must be approvtrd by the County Superintendent. Une copy Superintendent's office. COPIES DO NOT HAVE TO BE FILED IN ALBANY. i- i- i 'n 0-' U.' VV\ (/V ( D-\ M iJ- i*'\ u: * \ji\ ^ At a regular meeting of the Town Board of the Town of Ithaca f Tompkins County, New York, held at the Street Town Offices, 108 East Green (address) in the on the City of Ithaca , New York, 8th day»of April, 1974, at 5:00 o'clock P.M. The meeting was called to order by Supervisor Schwan and.upon the roll being called, there were PRESENT: Supervisor Walter J. Schwan Councilman Andrew W. McElwee Councilman Noel Desch Councilman Victor Del Rosso ABSENT:Councilman Robert N. Powers The following resolution was offered by Supervisor Schwar who moved its adoption, seconded by Councilman McElwee to wit; BOND RESOLUTION DATED April 8 1974. A RESOLUTION AUTHORIZING THE JOINT CONSTRUCTION OF A WATER SUPPLY SYSTEM TO SERVE JOINTLY VARIOUS AREAS IN THE TOWNS OF DRYDEN, ITHACA AND LANSING AND THE VILLAGE OF CAYUGA HEIGHTS, IN THE COUNTY OF TOMPKINS, NEW YORK, AT A TOTAL ESTIMATED COST OF NOT EXCEEDING $4,150,000, INCLUDING INCIDENTAL EXPENSES IN CONNECTION THEREWITH MJD AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $4,150,000 JOINT SERIAL BONDS OF SAID TOWN OF DRYDEN, SAID TOWN OF ITHACA, SAID TOWN OF LANSING AND SAID VILLAGE OF CAYUGA HEIGHTS, ALL IN TOMPKINS COUNTY, NEW YORK. WHEREAS, the Town Board of the Town of Dryden, Tompkins County, New York, has heretofore had and taken proceedings pur suant to Section 202-b of the Town Law providing for the increase and improvement of the facilities of Water District No. 1 in said Tovm/" to consist of a comprehensive water improvement, including water treatment plant, transmission main and pump station for an intermunicipal water supply facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins county. New York, and for the joint use and operation by the said - 2 - four municipalities pursuant to an agreement of municipal coopera tion to be entered into by and between the said Towns and the said Village/ pursuant to Article 5—G of the General Municipal Law; and WHEREAS, the Town Board of the Town of Ithaca, Tompkins County, New York, has heretofore had and taken proceedings pur suant to the provisions of Article 12-C of the Town Law, establish ing the Town Wide Water Supply Benefited Area in said Town, to consist of a comprehensive water improvement, including water treatment plant, transmission main and pump station for an inter- municipal water supply facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four municipalities pursuant to an agreement of municipal cooperation to be entered into by and between the said Towns and the said Village, pursuant to Article 5—G of the General Municipal Law; and WHEREAS, the Town Board of the Town of Lansing, Tompkins County, New York, has heretofore had and taken proceedings pur suant to the provisions of Section 202-b of the Town Law providing for the increase and improvement of the facilities of Water Dis trict No. 1 and the McKinney Water District in said Town, to con sist of a comprehensive water improvement, including water treat ment plant, transmission main and pump station for an intermunici- pal water supply facility for the Towns of Dryden, Ithaca and Lan sing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four munici palities pursuant to an agreement of municipal cooperation to be enterfed into by and between the said Towns and the said Village, pursuant to Article 5—G of the General Municipal Law; and WHEREAS, the Board of Trustees of the Village of Cayuga Heights, Tompkins County, New York, has heretofore had and taken / - 3 - proceedings pursuant to the provisions of Article 11 of the Village Law authorizing the establishment of a water supply systeifi in and for said Village, to consist of a comprehensive water improvement, including water treatment plant, transmission main and pump station for an intermunicipal water supply facility for the Towns of Dryden, Ithaca, and Lansing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four municipalities pursuant to an agreement of municipal cooperation to be entered into by and between the said Towns and the said Village, pursuant to Article 5-G of the General Municipal Law; and WHEREAS, following the completion of the aforesaid pro ceedings, for purposes of implementing the same, said Towns of Dryden, Ithaca and Lansing and Village of Cayuga Heights have entered into a municipal cooperation contract pursuant to Article 5-G of the General Municipal Law entitled "Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter municipal Water Supply and Transmission System," made as of the 21st day of March, 1974, by and between said Towns and said Vil lage on behalf of the aforesaid water districts, water supply benefited area and Village as the case may be; and WHEREAS, it is now desired to provide for the financing of the costs of the aforesaid water supply improvement; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of of Ithaca , Tompkins County, New York, if the within resolution in identical form is adopted, approved and made effective by the Town of Dryden, the Town of Lansing, and the Village of Cayuga Heights as follows / - 4 - Section 1. The joint construction of a comprehensive water improvement, consisting of an intake plant at Bolton Point on Lake Cayuga in the Town of Lansing, a water treatment plant and a raw water pump station, force mains, plant and pump station road and a transmission main to the Village of Cayuga Heights for an intermunicipal water supply facility for the joint use and opera tion by the Town of Dryden, on behalf of Water District No. 1 in said Town, by the Town of Ithaca on behalf of the Town Wide Water Supply Benefited Area in said Town, by.thei Town of Lansing on behalf of Water District No. 1 and the McKinney Water District in said Town, and by the Village of Cayuga Heights for said Village, to consist of an intermunicipal water supply facility for the joint use and operation by the said four municipalities, including original furnishings, equipment, machinery and apparatus and the acquisition of necessary lands and rights in land therefor, is hereby authorized at a total estimated cost including incidental expenses of not exceeding $4,150,000. Said joint construction shall be carried out in accordance with the proceedings hereinbe fore recited and in accordance with a certain map, plan and report prepared by Lozier Engineers^ Inc., competent engineers duly licensed by the State of New York, which map, plan and report have been filed in the office of the Town Clerk of the Town of Dryden in June, 1972, in the office of the Town Clerk of the Town of Ithaca in June, 1972, in the office of the Town Clerk of the Town of Lansing in June, 1972, and in the office of the Village Clerk of the Village of Cayuga Heights in June, 1972, and which map, plan^ and report^were thereafter modified by the relocation of the Water treatment plant to a new location substantially in the vicinity of the original site, which new location is now shown on the map prepared by Lozier Engineers, Inc., which has been previous ly filed in the offices of each of the aforesaid Town Clerks and Village Clerk. / - 5 - Section 2. The plan for the financing of the aforesaid specific object or purpose consists of the issuance (pursuant to the provisions of Section 1 of Article VIII of the Constitution of the State of New York, as amended, and of Title lA of the Local Finance Law of the State of New York) of joint obligations of the Town of Dryden, Tompkins County, New York, the Town of Ithaca, Tompkins County, New York, the Town of Lansing, Tompkins County, New York, and the Village of Cayuga Heights, Tompkins County, New York, constituting joint indebtedness by said Towns and said Village, which shall be evidenced by joint serial bonds of said Towns and said Village in the principal amount of not exceeding $4,150,000 which are hereby authorized to be issued in accordance with and subject to the provisions of the Local Finance Law, and^ in anticipation of the issuance of said joint bonds of said Towns and said Village, by the issuance of joint bond anticipation notes of said Towns and Village for the temporary financing of said specific object or purpose. Section 3. For the purposes of Section 15,10 of the Local Finance Law relating to the allocation of joint indebted ness, the amount of joint indebtedness to be apportioned and allocated to each of said Towns and Village, shall be in the same proportion as the consumption of water in each of said municipalities shall bear to the total consumption of water for the entire joint water supply facility, which is estimated to be, and for the purposes of determining gross indebtedness of each of said municipalities in their respective debt statements pursuant to Section 15.10 of the Local Finance Law and therefore the amount s to be Allocated for the purpose of ascertaining each of the res pective municipalities' debt contracting powers, shall be as follows; Dryden Ithaca Lansing Cayuga: Heights* $ 97,027.00 2,285,197.50 1,121,039.50 646,736.00 r /• - 6 - Nothing in this section shall be deemed to be in conflict with or to supersede the provisions of Section 6 of this resolution relat ing to the annual apportionment of the amount of principal and interest on the bonds herein authorized to be issued as among said Towns and said Village, nor the manner of collection and payment of the amounts of annual debt service provided to be apportioned annually by said Section 6. The Supervisors of said Towns and the Treasurer of said Village are hereby authorized and directed to act jointly to make application to the State Comptroller for the allocation and apportionment of said joint indebtedness in accord ance with the provisions of this section and to perform all acts and furnish all information required in connection with such appli cation . Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph (a) of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the joint bonds hereby authorized to be issued will be in excess of five years, and such bonds will mature in annual installments in conformity with law. Section 5. Subject to the provisions of the Local Finance Law and this section, the power to authorize the issuance of and to sell joint bond anticipation notes in anticipation of the issu ance and sale of the joint serial bonds herein authorized, includ ing renewals thereof, is hereby delegated to the Supervisor of the Town of Ithaca, the chief fiscal officer of said Town. Such joint bond anticipation notes shall be of such terms, form and contents and shall be sold by said Supervisor in such manner as may be pre scribed by a bond anticipation note certificate, as authorized by Section 30.00 of the Local Finance Law, provided, however, that any bond anticipation notes so issued shall be the joint indebted ness of said Towns and said Village and shall be executed in the .. r- - 7 - names of the Town of Dryden, the Town of Ithaca, the Town of Lansing and the Village of Cayuga Heights, and shall be signed by the Supervisor of the Town of Dryden on behalf of said Town and shall have affixed thereto the seal of the Town of Dryden, attested by the Town Clerk of said Town; shall be signed by the Supervisor of the Town of Ithaca on behalf of said Town and shall have affixed thereto the seal of the Town of Ithaca, attested by the Town Clerk of said Town; shall be signed by the Supervisor of the Town of Lansing on behalf of said Town and shall have affixed thereto the seal of the Town of Lansing, attested by the Town Clerk of said Town; and shall be signed by the Treasurer of the Village of Cayuga Heights on behalf of said Village and shall have affixed thereto the seal of the Village of Cayuga Heights, attes ted by the Village Clerk of said Village. The chief fiscal officer of the Town of Ithaca to whom is hereby delegated the power to authorize the issuance of and to sell such joint bond anticipation notes, shall file an executed copy of each such bond anticipation note certificate with the finance board of each of the aforesaid participating municipalities prior to the issuance of the bond anticipation note or notes authorized by such certifi cate. Section 6. The faith and credit of said Town of Dryden, Tompkins County, New York; said Town of Ithaca, Tompkins County, New York; said Town of Lansing, Tompkins County, New York; and said Village of Cayuga Heights, Tompkins County, New York, are hereby:" jointly pledged for the payment of the principal of and interest on said joint bonds as the same become due and payable. The principal of said joint bonds and the interest thereon shall be apportioned annually among said Towns and said Village in accordance with the agreement of municipal cooperation herein- above referred to in the recitals of this resolution, on the ratic which the consumption of water from the system in each of said /■ - 8 - municipalities bears to the full consumption from the entire intermunicipal water supply facility, such ratio to be annually determined in accordance with the aforesaid agreement of municipa cooperation; the share of said principal and interest to be borne by the aforesaid Towns, shall be annually assessed, levied and collected within said Towns as follows; a) From the several lots and parcels of land in Water District No. 1 of the Town of Dryden, in proportion as nearly as may be to the benefit which each lot or parcel pf land therein will derive therefrom- b) From the several lots and parcels of land in the Town of Ithaca Water Supply Benefited Area, in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive therefrom. c) From the several lots and parcels of land in Water District NO, 1 of the Town of Lansing, in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive therefrom. d) From the several lots and parcels of land in the McKinney Water District in the Town of Lansing, at the same time and in the same manner as other Town charges. The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable. If not paid from the aforesaid sources, all the taxable real property in said Town of Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable real property in said Town of Lansing, and all the taxable real property in said Village of Cayuga Heights, shall be jointly subject to the levy - 9 - of an ad valorem tax, without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same may become due and payable. Section 7. The validity of such joint serial bonds may be contested only if: 1) Such joint bonds are authorized for an object or purpose for which said Towns and said Village are not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such joint bonds are authorized in violation of the provisions of the Constitution. Section 8. Upon the adoption of this resolution by each of the aforesaid Towns and the aforesaid Village, and the publica tion thereof with the notice provided in Section 9 hereof, the Clerks of each such Town and such Village shall file with the Clerk of each of the other Towns and of the Village a certified copy of this resolution and a printer's affidavit of publication thereof with the notice required by Section 9 hereof. Section 9. This resolution is adopted by the Village of Cayuga Heights subject to permissive referendum and upon its taking effect in and with respect to said Village, shall thereupon be effective upon its adoption by the Town Boards of the aforesaid Towns and, upon this resolution finally becoming effective, it shall be pviblished in full in the Rural News, the official news paper of the Town of Dryden, and in the Ithaca Journal, the officia|l newspaper of the Town of Ithaca, of the Town of Lansing and of the Village of Cayuga Heights, together with (i) a notice of the Town Clerk of the Town of Dryden in substantially the form provided in /. / - 10 - Section 81,00 of the Local Finance Law, (ii) a notice of the Town Clerk of the Town of Ithaca substantially in said form, (iii) a notice of the Town Clerk of the Town of Lansing, substan tially in said form, and (iv) a notice of the Village Clerk of the Village of Cayuga Heights substantially in said form. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows; Councilman McElwee : voting Aye Councilman Desch Councilman Del Rosso Supervisor Schwan . voting Aye voting Aye voting Aye voting Aye The resolution was thereupon declared duly adopted. * * * - 11 - LEGAL NOTICE NOTICE IS HEREBY GIVEN that the resolution published herewith has been adopted by the Town Board of the Town of Ithaca^ Tompkins County, New York, on the 8th day of April, 1974, and the^ validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which said Town is not authorized to expend money, or the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding- contesting such validity is commenced within twenty days after the^^ date of publication of this notice,, or such .obligations were authorized in violation of the provisions of the Constitution. Dated; Ithaca^ New York April 25, 1974 April 29 1974 Town Clerk Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss. TOWN OF ITHACA ) I, the undersigned Clerk of the Town of Ithaca, Tompkins County, New York, DO HEREBY CERTIFY: That the foregoing is a true and exact copy of a resolu tion duly adopted by the Town Board of the Town of Ithaca at its regular meeting on April 8, 197.4. That all members of said Board had due notice of said meeting. That the said resolution was duly posted on the sign board in the office of the Town Clerk of the Town of Ithaca at 108 East Green Street (third floor), Ithaca, New York, on the 29th day of April, 1974, and further that the said resolution was published in the Ithaca Journal, the official newspaper of the Town of Ithaca, on the 29th day of April, 1974, pursuant to subdivision .6 of Section 30 of the Town Law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 20th day of May, 1974. Town Clerk SEAL j (jUWy /6 ^ !>■ 1 - V- j iv'^ "'0 V \:.J ■ At a l!- ~ of the Town \"' \ regular meeting of the Town Board of Ithaca New Y6rk, held at the Street Town _______ Tompkins County, Offices, 108 Ea:st Green (address) in the on the City of Ithaca , New York 8th day of April , 1974, at 5; GO o'clock P.M. The meeting was called to order by Supervisor Schwan and upon the roll being called, there were PRESENT: Supervisor Walter J. Schwan Councilman Andrew W. McElwee Councilman Noel Desch Councilman Victor Del Rosso ABSENT;Councilman Robert N. Powers The following resolution was offered by .Supervisor Schwan who moved its adoption, seconded by Councilman McElwee , to wit: BOND RESOLUTION DATED April 8 1974. A RESOLUTION AUTHORIZING THE JOINT CONSTRUCTION * OF ABATER DISTRIBUTION SYSTEM TO SERVE JOINTLY VARIOUS AREAS IN THE TOWNS OF DRYDEN, ITHACA, AND LANSING AND THE VILLAGE OF CAYUGA HEIGHTS, IN THE COUNTY OF TOMPKINS, NEW YORK, AT A TOTAL ESTIMATED COST OF NOT EXCEEDING $1,930,000, INCLUDING INCIDENTAL EXPENSES IN CONNECTION THEREWITH AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $1,930,000 JOINT SERIAL BONDS OF SAID TOWN OF DRYDEN, SAID TOWN OF ITHACA, SAID TOWN OF LANSING AND SAID VILLAGE OF CAYUGA HEIGHTS, ALL IN TOMPKINS COUNTY, NEW YORK. WHEREAS, the Town Board of the Town of Dryden, Tompkins County, New York, has heretofore had and taken proceedings pur suant to Section 202-b of the Town Law providing for the increase and improvement of the facilities of Water District No. 1 in said Town, to.consist of a comprehensive water improvement, including transmission mains, storage reservoir and booster station for an intermunicipal water distribution facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four municipalities pursuant to an agreement of municipal - 2 - cooperation to be entered into by and between the said Towns and the said Village, pursuant to Article 5-G of the General Municipal Law; and WHEREAS, the Town Board of the Town of Ithaca, Tompkins County, New York, has heretofore had and taken proceedings pur suant to the provisions of Article 12—C of the Town Law, establish ing the Town Wide Water Distribution Benefited Area in said Town, to consist of a comprehensive water improvement, including trans mission mains, storage reservoir and booster station for an intermunicipal water distribution facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four municipalities pursuant to an agreement of municipal cooperation to be entered into by and between the said Towns and the said Village, pursuant to Article 5-G of the General Municipal Law; and WHEREAS, the Town Board of the Town of Lansing, Tompkins County, New York, has heretofore had and taken proceedings pur suant to the provisions of Section 202-b of the Town Law provid ing for the increase and improvement of the facilities of the McKinney Water District in said Town, to consist of a comprehen sive water improvement, including transmission mains, storage reservoir and booster station for an intermunicipal water distri bution facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four municipalities pursuant to an agreement of municipal cooperation to be entered into by-and between the said Towns and the said Village, pursuant to Article 5-G of the General Municipal Law; and WHEREAS, the Board of Trustees of the Village of Cayuga Heights, Tompkins County, New York, has heretofore had and taken i«1 - 3 - proceedings pursuant to the provisions of Article 11 of the Village Law authorizing the establishirient of a water distribution system in and for said Village, to consist of a comprehensive water improveirient, including transmission mains, storage reservoii and booster station for an intermunicipal water distribution facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four municipalities pur suant to an agreement of municipal cooperation to be entered into by and between the said Towns and the said Village, pursuant to Article 5-G of the General Municipal Law; and WHEREAS, following the completion of the aforesaid pro ceedings, for purposes of implementing the same, said Towns of Dryden, Ithaca and Lansing and Village of Cayuga Heights have entered into a municipal cooperation contract pursuant to Article 5-G of the General Municipal Law entitled "Agreement of Municipal Cooperation for Construction, Financing and-Operation of an Inter municipal Water Supply and Transmission System", made as of the 21st day of March, 1974, by and between said Towns and said Village on behalf of the aforesaid water districts, water distri bution benefited area and Village as the case may be; and WHEREAS, it is now desired to provide for the financing of the costs of the aforesaid water distribution improvement; NOW,' THEREFORE, BE IT RESOLVED, by the Board ofof the Town Ithaca , Tompkins County, New York, if the within resolution in identical form is adopted, approved, and made effective by the Town of Dryden, the Town of Lansing, and the Village of Cayuga Heights as follows: - 4 - Section 1. The joint construction of a comprehensive water improvement, consisting of approximately 85,000 linear feet of transmission mains of varying diameters, a two million gallon storage reservoir and booster station for an intermunicipal water distribution facility for the joint use and operation by the Town of Dryden, on behalf of Water District No. 1 in said Town, by the Town of Ithaca on behalf of the Town Wide Water Distribution Bene fited Area in said Town, by the Town of Lansing on behalf of the McKinney Water District in said Town, and by the Village of Cayuga Heights for said Village, to consist of an intermunicipal water distribution facility for the joint use and operation by the said four municipalities, including original furnishings, equipment, machinery and apparatus and the acquisition of necessary lands and rights in land therefor, is hereby authorized at a total estimated cost including incidental expenses of not exceeding $1,930,000. Said joint construction shall be carried out in accordance with the proceedings hereinbefore recited and in accordance with a certain map, plan and report prepared by Lozier Engineers, Inc., competent engineers duly licensed by the State of New York, which map, plan and report have been filed in the office of the Town Clerk of the Town of Dryden in June, 1972, in the office of the Town Clerk of the Town of Ithaca in June, 1972, in the office of the Town Clerk of the Town of Lansing in June, 1972, and in the office of the Village Clerk of the Village of Cayuga Heights in June, 1972, and which map, plans and reports were thereafter modi fied by the deletion of a portion of the water transmission lines in the Town of Ithaca as shown on the addendxim to the said report, dated and. filed on or about March 1, 1973, with each of the afore said municipalities, and which water distribution system will also include the McKinney Water District in the Town of Lansing as a participant. - 5 - Section 2. The plan for the financing of the aforesaid specific object or purpose consists of the issuance (pursuant to the provisions of Section 1 of Article VIII of the Constitution of the State of New York, as amended, and of Title lA of the Local Finance Law of the State of New York) of joint obligations of the Town of Dryden, Tompkins County, New York, the Town of Ithaca, Tompkins County, New York, the Town of Lansing, Tompkins County, New York, and the Village of Cayuga Heights, Tompkins County, New York, constituting joint indebtedness by said Towns and said Village, which shall be evidenced by joint serial bonds of said Towns and said Village in the principal amount of not exceeding $1,930,000 which are hereby authorized to be issued in accordance with and subject to the provisions of the Local Finance Law, and, in anticipation of the issuance of said joint bonds of said Towns and said Village, by the issuance of joint bond antici pation notes of said Towns and Village, for the temporary financ ing of said specitic object or purpose. Section 3. For the purposes of Section 15.10 of the Local Finance Law relating to the allocation of joint indebted ness, the amount of joint indebtedness to be apportioned and allocated to each of said Towns and Village, shall be in the same proportion as the consumption of water in each of the Towns of Dryden, Ithaca, the Village of Cayuga Heights and the McKinney TJater District in the Town ot ijansing^ shall bear to the total con sumption of water for the entire joint water distribution facility which is estimated to be, and for purposes of determining gross indebtedness of each of said municipalities in their respective debt statements pursuant to Section 15.10 of the Local Finance Law and therefore the amount to be allocated for the purpose of ascer taining each of the respective municipalities * debt contracting powers, shall be as follows: - 6 - Dryden Ithaca Lansing Cayuga Heights $ 61,644.20 1,451,842.50 5,616.30 410,897.00 Nothing in this section shall be deemed to be in conflict with or to supersede the provisions of Section 6 of this resolution relat ing to the annual apportionment of the amount of principal and interest on the bonds herein authorized to be issued as among said Towns and said Village, nor the manner of collection and payment of the amounts of annual debt service provided to be apportioned annually by said Section 6. The Supervisors of said Towns and the Treasurer of said Village are hereby authorized and directed to act jointly to make application to the State Comptroller for the allocation and apportionment of said joint indebtedness in accord ance with the provisions of this section and to perform all acts and furnish all information required in connection with such appli cation , Sectioh 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph Ca) of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the joint bonds hereby authorized to be issued will be in excess of five years, and such bonds will mature in annual installments in conformity with law. Section 5. Subject to the provisions of the Local Finance Law and this section, the power to authorize the issuance of and to sell joint bond anticipation notes in anticipation of the issuance and sale of the joint serial bonds herein authorized, including renewals thereof, is hereby delegated to the Supervisor of the Town of Ithaca, the chief fiscal officer of said Town. Such joint bond anticipation notes shall be of such terms, form and contents and shall be sold by said Supervisor in such manner as may be prescribed by a bond anticipation note certificate, as - 7 - authorized by Section 30.00 of the Local Finance Law; provided, however, that any bond anticipation notes so issued shall be the joint indebtedness of said Towns and said Village and shall be executed in the names of the Towp of Dryden, the Town of Ithaca, the Town of Lansing and th.e Village of Cayuga Heights, and shall be signed by the Supervisor of the Town of Dryden on behalf of said Town and shall have affixed thereto the seal of the Town of Dryden, attested by the Town Cleric of said Town? shall be signed by the Supervisor of the Town of Ithaca on behalf of said Town and shall have affixed thereto the seal of the Town of Ithaca, attested by the Town Cleric of said Town; shall be signed by the Supervisor of the Town of Lansing on behalf of said Town and shall have affixed thereto the seal of the Town of Lansing, attested by the Town Clerk of said Town; and shall be signed by the Treasurer of the Village of Cayuga Heights on behalf of said Village and shall have affixed thereto the seal of the Village of Cayuga Heights, attested by the Village Clerk of said Village, . The chief fiscal officer of the Town of Ithaca to whom is hereby delegated the power to authorize the issuance of and to sell such joint bond anticipation notes, shall file an executed copy of each such iDond anticipation note certificate with the finance board of each of the aforesaid municipalities prior to the issu ance of the bond anticipation note or notes authorized by such certificate. Section 6. The faith and credit of said Town of Dryden, Tompkins County, New York; said Town of Ithaca, Tompkins County, New York; said Town of Lansing, Tompkins County, New York, and said Vil'lage of Cayuga Heights, Tompkins County, New York, are hereby jointly pledged for the payment of the principal of and interest on said joint bonds as the same become due and payable. The principal of said joint bonds and the interest thereon sha,ll - 8 - be apportioned annually among said Towns and said Village in accordance with the agreement of municipal cooperation hereinabove referred to in the recitals of this resolution, on the ratio which the consumption of water from the system in each of said munici palities bears to the full consumption from the entire inter- municipal water distribution facility, such ratio to be annually determined in accordance with the aforesaid agreement of municipal cooperation; the share of said principal and interest to be borne by the aforesaid Towns, shall be annually assessed, levied and collected within said Towns as follows: a) From the several lots and parcels of land in Water District No. 1 of the Town of Dryden, in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive therefrom. b) From the several lots and parcels of land in the Town of Ithaca Water Distribution Benefited Area, in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive therefrom. c) From the several lots and parcels of land in the McKinney Water District in the Town of Lansing, at the same time and in the same manner as other Town charges. The"Village"of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable. If not paid from the aforesaid sources, all the taxable real property in said Town of Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable real property in said Town of Lansing, and all the taxable real property in saic Village of Cayuga Heights, shall be jointly subject to the - 9 - levy of an ad valorem tax, without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same may become due and payable. Section 7. The validity of such joint serial bonds may be contested only if; 1) Such joint bonds are authorized for an object or purpose for which said Towns and said Village are not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such joint bonds are authorized in violation of the provisions of the Constitution. Section 8. Upon the adoption of this resolution by each Df the aforesaid Towns and the aforesaid Village, and the publica- :ion thereof with the notice provided in Section 9 hereof, the i::ierks of each such Town and such Village shall file with the :ierk of each of the other Towns and of the Village a certified i:opy of this resolution and a printer's affidavit of publication :hereof with the notice required by Section 9 hereof. Section 9. This resolution is adopted by the Village of tayuga Heights subject to permissive referendum and upon its taking iffeet in and with respect to said Village, shall thereupon be iffective upon its adoption by the Town Boards of the aforesaid owns and/ upon this resolution finally becoming effective, it hall be published in full in The Rural News, the official news paper of the Town of Dryden, and in the Ithaca Journal, the :»fficial newspaper of the Town of Ithaca, of the Town of Lansing nd of the Village of Cayuga Heights, together with (i) a notice - 10 - of the Town Clerk of the Town of Dryden in substantially the form provided in Section 81.00 of the Local Finance Law, (ii) a notice of the Town Clerk of the Town of Ithaca substantially in said form, (iii) a notice of the Town Clerk of the Town of Lansing substantially in said form, and (iv) a notice of the Village Clerk! of the Village of Ca;yuga Heights substantially in said form. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows; Councilman McElwee voting Aye Counciiman Desch : • : voting Aye Councilman Del :Rosso voting Aye Supervisor Schwan voting Aye voting Aye The resolution was thereupon declared duly adopted. * * *