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*/-,
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- 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.
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\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
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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
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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
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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.
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