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HomeMy WebLinkAbout1968-09-10 MINUTES of DANBY PLANNING BOARD - 8 : Q0 P . M . September 10 , 1968 . • e < ATTENDANCE : Joe Short ', Mildred Weitzel , Herb Muzzy , George Arsenault , • MMarge Epp , .Wendell Bryce , Don ' Makie , Ralph Wilbur , Fran Wright , : Dorothy Roberts , Cliff Hill , Ed Hill and Mr . & Mrs . Earl Walker . . Cliff Hill stated permanent building going up on the present trailer park without permit . Letters were read received from both Walkers and Hills regarding their interest in building trailer parks . . Hills , located at South Danby Road call for pass 100 trailers more or ' : : ' less . o . minimum lot size 100 x 50 000 would like to build in spring . Walkers located on Coddington Road 182 acres possible 57 trailer ' •'' minimum 55 x - 100 . lot . ' Would like ' to have three trailers . located . . by this fall . ' ; ,, ;� The opinion of the Planning Board was to get professional help and guidance concerning specifications & control over trailer parks before . . final ddecision . ` Don Makie reported on present standing of zoning ordinance . We are waiting , saidMakie ; for report from lawyer concerning definition of ; light industrial which must be put into ordinance . We should= then have meeting between .Town & Planning Board to go over changes toghether . Report from Makie on trailers . He feels that we have no basic plans from either party interested in building trailer parks . Wendell Bryce moved that the PLANNING BOARD enlarge the Zoning Ordinance ( Sec . 708 . 2 ) to more clearly establish guide lines of a trailer park . Seconded by Marge Epp o . 00 5 ayes 1 naye JoenShort will inquirenfor additional information concerning guide lines for trailer park . Joe Short inquired as to zoning of trailer parks . - - commercial or residential . 708 . 2 guide lines exclude mobil homes . Mildred Weitzel motioned we adjourn '` at : 10 : 35 P . M . - - seconded by Weddell Bryce . M0 EPP 1[ 81 PUBLIC HEARING TOWN OF DANBY September 10 , 1968 Pursuant to Section 209d of the Town Law of the State of New • York , the Town Board of the Town of Danby held a public hearing on September 10 , 1968 at 8 : 00 P . M . at the Grange Hall in West Danby . Board Members Present : Supervisor James H . Cortright Councilman Donald C . Makie Councilman Ralph Wilbur Town Justice Floyd Dorn Town Justice A . Francis Wright • Also' Present : Attorney Richard Thaler Bruce Osadchey , Farmers Home Administration County Supervisor Maynard Poray , Community Service Officer , Farmers Home . Administration ' Joseph Hanson , Engineer ,. Standard Engineering Corp. Supervisor Cortright called the public hearing to order . The clerk read the notice of public hearing stating that " pursutantrto Section 209f of-the - Town Law of- the- State of -New - York , this public hearing will be held concerning the increase and capital expenditure necessary for the lest Danby Water District , hereinafter described as the District , to- be used for the establishment and construction of a water distribution system , the acquisition of interests in land and easements and the establishment of the District from an estimated cost of $ 217 , 000 . 00 town estimated cost of $ 263 , 000 . 00 . " Also to be discussed at this public hearing will be the water rates and charges for the property owners within said District . Supervisor Cortright stated that between the time of the original public hearing and the time construction of the Water District went to bid , costs had risen resulting . in bids Doming in higher than costs estimated . The Department of Audit and Control granted approval of a second request regarding funding .. A duplicate, copy.. of the . order of the State Comptroller granting the application of. .the Town Board of the Town ' of Danby for permission to increase . -the. amount to be . expended in behalf of West Danby Water District has been filed in the Town Clerk ' s office . . Water Commissioners for the West Danby Water District were introduced-=Carlton Hunt; Chairman , Roy Casterline , Kenneth Colburn and Emil Huttunen who were present and John Cortright , absent . Engineer Joseph Hanson read the water rate schedules from the Engineering ' Design Report and spoke on hook-up--$ 30 . 00 tapping fee plus own pipe . Future taps with meter and inspection charge will cost $ 150 . 00 . Attorney Thaler stated that the additional amount of $ 75 , 000 . 00 needed will be raised by bond issue and assured of a purchase but do go to bid . Owners of properties that border state highway will • sign an easement agreeemant so that contractor may cross that property . Open to questions from the floor , it was asked if the bonds . are tax-exempt and answered " yes . " Question - " When are we getting the water ? " ' Supervisor answered -- " ready to award the bid but the law requires a 30-day stipulation whereby anyone may petition for a permissive referendum " , and asked of those present or knew anyone planning to petition . There was silence . Supervisor stated that . equipment ready to move in and start construction the following Monday . • Closing with the Farmers Home Administration will be Thursday , September 12 , 1968 . Respectfuiyy submitted . 2::L4 ,t )i J Dorothy Roberts ' Minutes of the Special Meeting to Clerk follow this public hearing to be found on page 186 186 SPECIAL MEETING DANBY TOWN BOARD September 10 , 1968 A Special Meeting , was called by the Supervisor in writing of August 29 letter immediately following,. the public hearing . Attorney Thaler drew up , the fallowing resolutions : Reso ition =a## 22 . Results of the . hearing . Resolution # 23 . Authorizing Supervisor to sign necessary contracts to Compagni Construction Co . • Resolution # 2 . Rate Schedule Adoption . To Amend Resolution # 19 _ . Complete resolutions re attached and made a part thereof . Clerk authorized to copiesc ' of Resolution # 24 printed serser to the 96 families in he Water District along with a nond. iscrimin. - ation agreement . Respectfully submitted Dorothy Roberts Board Members Present : . . Supervisor James A . Cortright Councilman . Doanald . Makie Councilman Ralph Wilbur Town Justice Floyd Dorn Town Justice A . Francis Wright Also Attorney Richard Thaler ® I II I I I ® Position 3 Form FHA 400- 4 ( 12 - 29 -64 ) UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION NONDISCRIMINATION AGREEMENT (Under Title VI , Civil Rights,Act of 1964) Date : Serteav 6 e4' i /908' Name: .-ia-. 4A1 Q4 cow 6 y - kit cl 046v G y LQI4 *d dS'tiPiL' 7'� Address : --- --'if £ t0 NI X4 te04 Sp°A/ee!4 (herein called "Recipient" ) in accordance with regulations (herein called " the regulations") of the Farmers Home Admin- istration and the United States Department of Agriculture (herein called " the Department" ) issued pursuant to Title VI of Civil Rights Act of 1964 and in consideration of a loan or advance made or to be made by the United States of America acting through the Farmers Home Administration therein called " the Government"), hereby covenants and agrees as follows: 1 . Recipient shall comply with all provisions of the regulations and shall not, on the ground of race, color, or national origin — — (a) Deny; or cause to^be; denied, to any person , directly or indirectly , wholly or partially , any service,,,use;'occupancy, financial aid, or other benefit (herein called `,`benefits " ) of the whole or ' any ,portion of any property , facility ,, • structure, project, service , or 'activity which , directly ' of indirectly,` 1wholly or ' partially , is provided' with the lid of the loan or advance therein called " aided facility or activity "); or (b) treat any person , or cause any person to be treated, differently from any other person with respect to any right or opportunity to participate in the benefits of any aided facility or activity ; or 7 a t j (c) subject any person , or cause any person to be s bj ected to discrimination"inTn ` other ,mannet •in ,connection with any aided facility or activity or the benefits thereof. It is understood that employment is not within the scope of this agreement. 2 . Any transfer of any aided facility or activity, other than personal property , by sale, lease, or other conveyance or contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof. 3. Recipient shall — — (a) Keep such records and submit to the Government such timely, complete, and accurate compliance reports at such times and in such form and containing such information as the Government may determine to be necessary to ascertain Recipient' s compliance with this agreement and the regulations ; and (b). permit access by authorized employees of the Farmers Home Administration or the Department during normal business hours to such of Recipient' s books, records , accounts, and other sources of information and its facilities as may be pertinent to ascertaining such compliance; and (c) make available to users, participants , beneficiaries, and other interested persons such information regarding the provisions of this agreement and the regulations, and in such manner, as the Farmers Home Administration or the Department finds necessary to inform such persons of the protection assured them against discrimination . 4. The obligations of this agreement shall continue — — (a) As to any real property, including any structure, provided with the aid of the loan or advance, so long as such real property is used for a purpose for which the loan or advance is made or which affords similar services or benefits . (b) As to any personal property provided with the aid of the loan or advance, so long as Recipient retains ownership or possession of the property . (c) As to any other aided facility or activity, until the last advance of funds under the loan or advance has been made. FHA 400- 4 ( 12 - 29 - 64 ) ® I 917L-91B Ode i. ` .• . e . • . 4 ' ivazdzoa y yuazdzoa y ( apM2 ) A9M4A (a1 ?zj ) Mtvoc 90 /YMO/ • uazdzoa y ' �� ( rId3S ) 44 ieat 19 ' alert e* Agtin * AS an. - Aq Al do Sc ne rr o! • leas pue pueq ;puatdj00N ;as o;Unazaq set{ ' uosiad jein;eu e p `iO `0;aiaq paxjjje teas s;i pue siantjjo pazpotpne Ajnp S;j Aq pa;noaxa aq o; ;Uawaai2e sjq; pasneo set{ ` ua;;pM anoge ;siq a;ep at{; `Spp uo `;uajdjoag joaiagm ssau;IM UI • anpejnwno aq Hugs ; uawaaBe spy; iapun ioj papinozd sajpawaz pue S; gp12j •sznDOO uopejoiA 40 goeaiq alp gal4M UT a;E;s aq; z0 sa;e;s pa;tun • aq1 jo Sme! ag; iapun Spawai ajgejiene iaq;o Aue Aq iO aouewzo;zad O13toads zo.j j ns Aq ;uawaai a spy; aoioju3 (p) • anupuo0 ;uawaai2e sup jo suopaggo aq; apgm ajge3onazn aq pegs pue ;saia;uj ue q;!M pajdnoo st ; uaw;utodde stq,j, • IaAtaoaz yons ; UTOdde o; JO Ia;stujwpe pun ;O uotssassod wje; o; os ` uopeJOJA Jo gOeazq yons Jo piano ui `iaMod y;jm ;Oej-ui-1Cauzoue pue ;ua2e s;t ;uawuzanoo aq; s; urodde Agazaq ; uajdpaj asodind sty; io,y ' suopejn2a4 at{; pue ; uawaai a Siy; twin aOUetjdw0O aznoas o; iapio at ApApoe 40 A;IIIOej papie ay; Ia;SIUIwpe pue jo uotssassod a3je; o; `pappodde IaATaoa1 E anet{ I0 `zantaoai e ;utoddy (a) • ssaupa;gaput alp jo f;pn;ew aq; a;eiajaooe ` unoj E jo asea uj (q) • ApAgoe JO `aotnias `;0afoid `Appoej ' Apadoid at{; jo me alp IO} JO ;uatdpag O; aouelsISSE jeiOUeup anUI; UOJ .10 iapuai 0; asnjai 10 a;eutwia,j, (e) - - not;do Sit ;e ` Sew ;uawwanon at{; ;uawaaz2e siq; p uoi;ejOjA JO qoeaiq AuE uodn • S • • • • : I . - u - TOWN OF DANBY RESOLUTION NO . 22 . . WHEREAS , a petition pursuant to Sections , 209D and 209F of the Town . Law of the State of New York was duly filed with the New York State Department of Audit and Control for permission to increase the estimated capital cost of the construction , acquisition of property rights and establishment of the West Danby Water District from $ 217 , 000 . 00 to $ 263 , 000 . 00 and WHEREAS pursuant to said petition , permission was granted by said - Department of Audit and Control for said increase in the amount to be expended and . WHEREAS at a special meeting of the Town Board of the Town of Danby held on the 29th day of .August , 1968 a public hearing was called for the purposes of discussing the increased capitalization as provided in said petition and the establishment of water rates and connection fees and . WHEREAS pursuant to said authorization for. public hearing and - after due notice and publication ' thereof , a public hearing was held on September 10 , 1968 ,' attended by numerous persons residing in and who own property within the proposed water district , and no person present voicing opposition to the said increase in the capitalization or proposed retirement costs . � NOW , THEREFORE , BE IT RESOLVED that the Town Board of the Town of Danby hereby resolves that it= is in the public interest that the West Danby Water District capitalization be established at the estimated cost of $ 263 , 000 . 00 and that the Supervisor is hereby authorized by the . Town Board to proceed with the establish- ment of said district as expeditiously as possible . At a special meeting held on thelOth day of September , 1968 at the West Danby Grange Hall , 9 : 00 p m . motion was made by Council - THALER & THALER man Donald , Maki and seconded by Town Magistrate Frances Wright . rTORNEYS & COUNSELLORS Ayes : 5 Nays : 0 109 NORTH TIOGA STREET ITHACA, NEW YORK / � - • TOWN OF DANBY RESOLUTION NO . 23 WHEREAS , pursuant to resolution of the Town Board in and for t he Town of Danby authorizing bids to be taken for the construction , acquisition of property rights and establishment of the West Danby ater District , Standard Engineering Company advertised pursuant . to . iaw for the taking of bids - on the construction of said water district facilities , and WHEREAS said . bids were received and opened an July 24 , 1968 at . the West - Danby Grange Hill , and WHEREAS Compagni Construction Company was the low bidder with • a bid of $ 195 , 665 . 00 , and • WHEREAS it is deemed in thepublic interest that the West D anby Water District be established and the water facilities con- structed . NOW , THEREFORE , BE IT RESOLVED that the Town Supervisor be and he hereby is authorized by the Town Board to execute a contract pursuant to the bid specifications and the bid received from Com- pagni Construction Company upon said construction company posting the appropriate bond . . At a . special meeting held September LO , 1968 at ' the West Danby Grange Hall at 9 : 00 p .m . , motion made by Town Magistrate Floyd D orn and seconded by Town Councilman Ralph Wilbur . Ayes : 5 Nays :. 0 • THALER & THALER . • TTORNEYS & COUNSELLORS - 309 NORTH TIOGA STREET • ITHACA, NEW YORK . . I t of TOWN OF DANBY RESOLUTION NO , 24 WHEREAS , the Town Board in and for the Town of Danby has 2 appointed a. Board of Water Commissioners to act in an advisory capacity to the Town Board on all matters dealing with the West D anby Water District , and - WHEREAS. the Town Board previously passed a resolution , No . 19 establishing water connection fees and rates , and WHEREAS the Board of Water Commissioners , together with the Water District Engineers have recommended the following rules and regulations for the use and supply of water from the West Danby Water District water system , and WHEREAS• the rules and regulations and rates are herein set forth in full as follows : 1 . These rules , rates and regulations are prescribed by the B oard of Water Commissioners , hereinafter referred to as " The B oard " , and shall apply to the territory of the Town of Danby , West Danby Water District , hereinafter referred to as the "Water D istrict " . The Board may modify or amend these requirements with - out notice at any time . The authorized appointed agent of The Board shall be the " Superintendent " of water . 2 . The mains and distribution pipes of the Water District shall be tapped only by authorized Water District agents . Persons making. .illicit connections shall be subject to the penalties prescribed herein and may be refused service . 3 . Application for the use of water shall be made to the Office of the Water District by the owner of the property served or his authorized agent . Payment for tap and meter must accompany the application . Meter installation shall be made in accordance with the instructions furnished . Inspection fee must be paid be - TRACER & TRACER fore water is turned on . Consumers will be held responsible for ATTORNEYS 8 COUNSELLORS . 309 NORTH TIOGA STREET ITHACA, NEW YORK 0 i •2s d amages to meters and registers caused by freezing , hot water , or physical abuse . Owners must make their premises accessible for inspection at any reasonable time . 4 . Service pipe and fittings shall be 3 /4" Type K . copper or Type 171 polyethylene plastic water service tubing with compression type fittings . Minimum depth of service . line outside building wall shall be five feet . Owner shall be responsible for installation and maintenance on service line from curb stop . . All service pipin : must be inspected and approved before backf illing .. After initial installation of distribution piping , user shall furnish service piping from main to curb stop . 5 . No pipe or fixtures connected with the mains or pipes of the District shall be connected with pipes or fixtures supplied with water from any other source nor any apparatus which may etc d anger the District ' s water supply . 6 . In no case shall a. single tap supply water to more than one premise nor shall there be more than one supply line to any premise . 7 . Lawn sprinkling will be allowed only at hours and seasons d esignated by the Board . Water shall not be allowed to run to waste for any purpose . 8 . All water furnished to consumers shall be metered . Meter . remain the property of the District . Access must be provided by consumer for reading meters . Meters will be tested for.; accurac upon deposit of ten dollars ( $ 10 . 00 ) . If found to over register the deposit will be returned . The Superintendent is hereby author - zed to correct the over -charges resulting from faulty metering . Meters will be read every three months . Meter seals shall be bro ; n only by authorized Water District personnel . 9 . No piping , shut ®offs , fire hydrants , or other Water Disc THALER & THALER ' trict property shall be used , operated or obstructed by other ITTORNEYS @ COUNSELLORS 309 NORTH TIOGA STREET - ITHACA, NEW YORK Pri ■ • • -3 . than authorized persons . Violators shall be responsible for monetary damages in addition to the penalties provided herein . 10 . All claims of the District upon the consumer for fees , bills , damages , repairs or other legitimate cause , shall become a lien on the property concerned , and collection made as provided by Town Law . 11 . Miscellaneous fees and charges : Initial Tapping Fee ( at time of main install . ) per tap , without serv . line $ 30 . 00 Future Taps with Meter and Inspection charge , without sere . line $ 150 . 00 Future Meter and Inspection charge $ 100 . 00 Fire District annual charge per hydrant $ 100 . 00 Payable as directed herein . 12 . Water use charges : 0 -2 , 000 gallons Flat Rate $ 4 . 50 mo 2 , 000 -4 , 000 gallons $ 0 . 60 per thousand gals . 4 , 000 - 6 , 000 gallons $ 0 . 50 per thousand gals . U 6 , 000 -8 , 000 gallons $ 0 . 40 per thousand gals . " All Excess $ 0 . 30 per thousand gals . " payable quarterly , thirty days from billing . 13 . Violation of any provision of these Rules and Regulation : except non-payment of water rates and charges shall be considered • a misdemeanor punishable by a fine not exceeding Fifty Dollars ( $50. 00 ) and imprisonment for not more than thirty ( 30 ) days . NOW , THEREFORE , BE IT RESOLVED that the Town Board hereby accepts the recommendations of the Water Commissioners and Water District Engineers as to the rules and regulations and rates as hereinabove set forth in full to remain in effect unless and until changed by further action of this Board as recommended by the Water Commission or Water District Engineer . THALER & . THALER At a special meeting held .. September 10 , 1968 at the West Denby 'ATTORNEYS & COUNSELLORS . 309 NORTH TIOGA STREET ITHACA, NEW YORK • • T . . • • • V • S ` -4 - • Grange Hall at 9 : 00 p .m . , motion made by Town Magistrate Frances Wright and seconded by Town Councilman Donald Maki . Ayes : 5 Nays : 0 . • • STATE OF NEW YORK ) )S'S TOMPKINS COUNTY ) I , the undersigned Clerk of the Town of Danby , a municipal corporation of the County of Tompkins , State of New York , do hereby CERTIFY that the foregoing is a true and complete copy of a resolution duly adopted by the Town and recorded in the minutes of a meeting of said Board duly held on September 10 , 1968 and not subsequently rescinded or modified . IN WITNESS WHEREOF , I have hereunto subscribed my name as Clerk of the Town of Danby this /?=day of September , 1968 . • • teccagLigelei • • • • • • • • • • THALER & THALER TTORNEYS & COUNSELLORS 309 NORTH TIOGA STREET • ITHACA, NEW YORK 1,! 186 SPECIAL MEETING DANBY TOWN BOARD September 10 , 1968 A Special Meeting , was called by the Supervisor in writing of August 29 letter immediately following,. the public hearing . Attorney Thaler drew up , the fallowing resolutions : Reso ition =a## 22 . Results of the . hearing . Resolution # 23 . Authorizing Supervisor to sign necessary contracts to Compagni Construction Co . • Resolution # 2 . Rate Schedule Adoption . To Amend Resolution # 19 _ . Complete resolutions re attached and made a part thereof . Clerk authorized to copiesc ' of Resolution # 24 printed serser to the 96 families in he Water District along with a nond. iscrimin. - ation agreement . Respectfully submitted Dorothy Roberts Board Members Present : . . Supervisor James A . Cortright Councilman . Doanald . Makie Councilman Ralph Wilbur Town Justice Floyd Dorn Town Justice A . Francis Wright Also Attorney Richard Thaler ® I II I I I ® Position 3 Form FHA 400- 4 ( 12 - 29 -64 ) UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION NONDISCRIMINATION AGREEMENT (Under Title VI , Civil Rights,Act of 1964) Date : Serteav 6 e4' i /908' Name: .-ia-. 4A1 Q4 cow 6 y - kit cl 046v G y LQI4 *d dS'tiPiL' 7'� Address : --- --'if £ t0 NI X4 te04 Sp°A/ee!4 (herein called "Recipient" ) in accordance with regulations (herein called " the regulations") of the Farmers Home Admin- istration and the United States Department of Agriculture (herein called " the Department" ) issued pursuant to Title VI of Civil Rights Act of 1964 and in consideration of a loan or advance made or to be made by the United States of America acting through the Farmers Home Administration therein called " the Government"), hereby covenants and agrees as follows: 1 . Recipient shall comply with all provisions of the regulations and shall not, on the ground of race, color, or national origin — — (a) Deny; or cause to^be; denied, to any person , directly or indirectly , wholly or partially , any service,,,use;'occupancy, financial aid, or other benefit (herein called `,`benefits " ) of the whole or ' any ,portion of any property , facility ,, • structure, project, service , or 'activity which , directly ' of indirectly,` 1wholly or ' partially , is provided' with the lid of the loan or advance therein called " aided facility or activity "); or (b) treat any person , or cause any person to be treated, differently from any other person with respect to any right or opportunity to participate in the benefits of any aided facility or activity ; or 7 a t j (c) subject any person , or cause any person to be s bj ected to discrimination"inTn ` other ,mannet •in ,connection with any aided facility or activity or the benefits thereof. It is understood that employment is not within the scope of this agreement. 2 . Any transfer of any aided facility or activity, other than personal property , by sale, lease, or other conveyance or contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof. 3. Recipient shall — — (a) Keep such records and submit to the Government such timely, complete, and accurate compliance reports at such times and in such form and containing such information as the Government may determine to be necessary to ascertain Recipient' s compliance with this agreement and the regulations ; and (b). permit access by authorized employees of the Farmers Home Administration or the Department during normal business hours to such of Recipient' s books, records , accounts, and other sources of information and its facilities as may be pertinent to ascertaining such compliance; and (c) make available to users, participants , beneficiaries, and other interested persons such information regarding the provisions of this agreement and the regulations, and in such manner, as the Farmers Home Administration or the Department finds necessary to inform such persons of the protection assured them against discrimination . 4. The obligations of this agreement shall continue — — (a) As to any real property, including any structure, provided with the aid of the loan or advance, so long as such real property is used for a purpose for which the loan or advance is made or which affords similar services or benefits . (b) As to any personal property provided with the aid of the loan or advance, so long as Recipient retains ownership or possession of the property . (c) As to any other aided facility or activity, until the last advance of funds under the loan or advance has been made. FHA 400- 4 ( 12 - 29 - 64 ) ® I 917L-91B Ode i. ` .• . e . • . 4 ' ivazdzoa y yuazdzoa y ( apM2 ) A9M4A (a1 ?zj ) Mtvoc 90 /YMO/ • uazdzoa y ' �� ( rId3S ) 44 ieat 19 ' alert e* Agtin * AS an. - Aq Al do Sc ne rr o! • leas pue pueq ;puatdj00N ;as o;Unazaq set{ ' uosiad jein;eu e p `iO `0;aiaq paxjjje teas s;i pue siantjjo pazpotpne Ajnp S;j Aq pa;noaxa aq o; ;Uawaai2e sjq; pasneo set{ ` ua;;pM anoge ;siq a;ep at{; `Spp uo `;uajdjoag joaiagm ssau;IM UI • anpejnwno aq Hugs ; uawaaBe spy; iapun ioj papinozd sajpawaz pue S; gp12j •sznDOO uopejoiA 40 goeaiq alp gal4M UT a;E;s aq; z0 sa;e;s pa;tun • aq1 jo Sme! ag; iapun Spawai ajgejiene iaq;o Aue Aq iO aouewzo;zad O13toads zo.j j ns Aq ;uawaai a spy; aoioju3 (p) • anupuo0 ;uawaai2e sup jo suopaggo aq; apgm ajge3onazn aq pegs pue ;saia;uj ue q;!M pajdnoo st ; uaw;utodde stq,j, • IaAtaoaz yons ; UTOdde o; JO Ia;stujwpe pun ;O uotssassod wje; o; os ` uopeJOJA Jo gOeazq yons Jo piano ui `iaMod y;jm ;Oej-ui-1Cauzoue pue ;ua2e s;t ;uawuzanoo aq; s; urodde Agazaq ; uajdpaj asodind sty; io,y ' suopejn2a4 at{; pue ; uawaai a Siy; twin aOUetjdw0O aznoas o; iapio at ApApoe 40 A;IIIOej papie ay; Ia;SIUIwpe pue jo uotssassod a3je; o; `pappodde IaATaoa1 E anet{ I0 `zantaoai e ;utoddy (a) • ssaupa;gaput alp jo f;pn;ew aq; a;eiajaooe ` unoj E jo asea uj (q) • ApAgoe JO `aotnias `;0afoid `Appoej ' Apadoid at{; jo me alp IO} JO ;uatdpag O; aouelsISSE jeiOUeup anUI; UOJ .10 iapuai 0; asnjai 10 a;eutwia,j, (e) - - not;do Sit ;e ` Sew ;uawwanon at{; ;uawaaz2e siq; p uoi;ejOjA JO qoeaiq AuE uodn • S • • • • : I . - u - TOWN OF DANBY RESOLUTION NO . 22 . . WHEREAS , a petition pursuant to Sections , 209D and 209F of the Town . Law of the State of New York was duly filed with the New York State Department of Audit and Control for permission to increase the estimated capital cost of the construction , acquisition of property rights and establishment of the West Danby Water District from $ 217 , 000 . 00 to $ 263 , 000 . 00 and WHEREAS pursuant to said petition , permission was granted by said - Department of Audit and Control for said increase in the amount to be expended and . WHEREAS at a special meeting of the Town Board of the Town of Danby held on the 29th day of .August , 1968 a public hearing was called for the purposes of discussing the increased capitalization as provided in said petition and the establishment of water rates and connection fees and . WHEREAS pursuant to said authorization for. public hearing and - after due notice and publication ' thereof , a public hearing was held on September 10 , 1968 ,' attended by numerous persons residing in and who own property within the proposed water district , and no person present voicing opposition to the said increase in the capitalization or proposed retirement costs . � NOW , THEREFORE , BE IT RESOLVED that the Town Board of the Town of Danby hereby resolves that it= is in the public interest that the West Danby Water District capitalization be established at the estimated cost of $ 263 , 000 . 00 and that the Supervisor is hereby authorized by the . Town Board to proceed with the establish- ment of said district as expeditiously as possible . At a special meeting held on thelOth day of September , 1968 at the West Danby Grange Hall , 9 : 00 p m . motion was made by Council - THALER & THALER man Donald , Maki and seconded by Town Magistrate Frances Wright . rTORNEYS & COUNSELLORS Ayes : 5 Nays : 0 109 NORTH TIOGA STREET ITHACA, NEW YORK / � - • TOWN OF DANBY RESOLUTION NO . 23 WHEREAS , pursuant to resolution of the Town Board in and for t he Town of Danby authorizing bids to be taken for the construction , acquisition of property rights and establishment of the West Danby ater District , Standard Engineering Company advertised pursuant . to . iaw for the taking of bids - on the construction of said water district facilities , and WHEREAS said . bids were received and opened an July 24 , 1968 at . the West - Danby Grange Hill , and WHEREAS Compagni Construction Company was the low bidder with • a bid of $ 195 , 665 . 00 , and • WHEREAS it is deemed in thepublic interest that the West D anby Water District be established and the water facilities con- structed . NOW , THEREFORE , BE IT RESOLVED that the Town Supervisor be and he hereby is authorized by the Town Board to execute a contract pursuant to the bid specifications and the bid received from Com- pagni Construction Company upon said construction company posting the appropriate bond . . At a . special meeting held September LO , 1968 at ' the West Danby Grange Hall at 9 : 00 p .m . , motion made by Town Magistrate Floyd D orn and seconded by Town Councilman Ralph Wilbur . Ayes : 5 Nays :. 0 • THALER & THALER . • TTORNEYS & COUNSELLORS - 309 NORTH TIOGA STREET • ITHACA, NEW YORK . . I t of TOWN OF DANBY RESOLUTION NO , 24 WHEREAS , the Town Board in and for the Town of Danby has 2 appointed a. Board of Water Commissioners to act in an advisory capacity to the Town Board on all matters dealing with the West D anby Water District , and - WHEREAS. the Town Board previously passed a resolution , No . 19 establishing water connection fees and rates , and WHEREAS the Board of Water Commissioners , together with the Water District Engineers have recommended the following rules and regulations for the use and supply of water from the West Danby Water District water system , and WHEREAS• the rules and regulations and rates are herein set forth in full as follows : 1 . These rules , rates and regulations are prescribed by the B oard of Water Commissioners , hereinafter referred to as " The B oard " , and shall apply to the territory of the Town of Danby , West Danby Water District , hereinafter referred to as the "Water D istrict " . The Board may modify or amend these requirements with - out notice at any time . The authorized appointed agent of The Board shall be the " Superintendent " of water . 2 . The mains and distribution pipes of the Water District shall be tapped only by authorized Water District agents . Persons making. .illicit connections shall be subject to the penalties prescribed herein and may be refused service . 3 . Application for the use of water shall be made to the Office of the Water District by the owner of the property served or his authorized agent . Payment for tap and meter must accompany the application . Meter installation shall be made in accordance with the instructions furnished . Inspection fee must be paid be - TRACER & TRACER fore water is turned on . Consumers will be held responsible for ATTORNEYS 8 COUNSELLORS . 309 NORTH TIOGA STREET ITHACA, NEW YORK 0 i •2s d amages to meters and registers caused by freezing , hot water , or physical abuse . Owners must make their premises accessible for inspection at any reasonable time . 4 . Service pipe and fittings shall be 3 /4" Type K . copper or Type 171 polyethylene plastic water service tubing with compression type fittings . Minimum depth of service . line outside building wall shall be five feet . Owner shall be responsible for installation and maintenance on service line from curb stop . . All service pipin : must be inspected and approved before backf illing .. After initial installation of distribution piping , user shall furnish service piping from main to curb stop . 5 . No pipe or fixtures connected with the mains or pipes of the District shall be connected with pipes or fixtures supplied with water from any other source nor any apparatus which may etc d anger the District ' s water supply . 6 . In no case shall a. single tap supply water to more than one premise nor shall there be more than one supply line to any premise . 7 . Lawn sprinkling will be allowed only at hours and seasons d esignated by the Board . Water shall not be allowed to run to waste for any purpose . 8 . All water furnished to consumers shall be metered . Meter . remain the property of the District . Access must be provided by consumer for reading meters . Meters will be tested for.; accurac upon deposit of ten dollars ( $ 10 . 00 ) . If found to over register the deposit will be returned . The Superintendent is hereby author - zed to correct the over -charges resulting from faulty metering . Meters will be read every three months . Meter seals shall be bro ; n only by authorized Water District personnel . 9 . No piping , shut ®offs , fire hydrants , or other Water Disc THALER & THALER ' trict property shall be used , operated or obstructed by other ITTORNEYS @ COUNSELLORS 309 NORTH TIOGA STREET - ITHACA, NEW YORK Pri ■ • • -3 . than authorized persons . Violators shall be responsible for monetary damages in addition to the penalties provided herein . 10 . All claims of the District upon the consumer for fees , bills , damages , repairs or other legitimate cause , shall become a lien on the property concerned , and collection made as provided by Town Law . 11 . Miscellaneous fees and charges : Initial Tapping Fee ( at time of main install . ) per tap , without serv . line $ 30 . 00 Future Taps with Meter and Inspection charge , without sere . line $ 150 . 00 Future Meter and Inspection charge $ 100 . 00 Fire District annual charge per hydrant $ 100 . 00 Payable as directed herein . 12 . Water use charges : 0 -2 , 000 gallons Flat Rate $ 4 . 50 mo 2 , 000 -4 , 000 gallons $ 0 . 60 per thousand gals . 4 , 000 - 6 , 000 gallons $ 0 . 50 per thousand gals . U 6 , 000 -8 , 000 gallons $ 0 . 40 per thousand gals . " All Excess $ 0 . 30 per thousand gals . " payable quarterly , thirty days from billing . 13 . Violation of any provision of these Rules and Regulation : except non-payment of water rates and charges shall be considered • a misdemeanor punishable by a fine not exceeding Fifty Dollars ( $50. 00 ) and imprisonment for not more than thirty ( 30 ) days . NOW , THEREFORE , BE IT RESOLVED that the Town Board hereby accepts the recommendations of the Water Commissioners and Water District Engineers as to the rules and regulations and rates as hereinabove set forth in full to remain in effect unless and until changed by further action of this Board as recommended by the Water Commission or Water District Engineer . THALER & . THALER At a special meeting held .. September 10 , 1968 at the West Denby 'ATTORNEYS & COUNSELLORS . 309 NORTH TIOGA STREET ITHACA, NEW YORK • • T . . • • • V • S ` -4 - • Grange Hall at 9 : 00 p .m . , motion made by Town Magistrate Frances Wright and seconded by Town Councilman Donald Maki . Ayes : 5 Nays : 0 . • • STATE OF NEW YORK ) )S'S TOMPKINS COUNTY ) I , the undersigned Clerk of the Town of Danby , a municipal corporation of the County of Tompkins , State of New York , do hereby CERTIFY that the foregoing is a true and complete copy of a resolution duly adopted by the Town and recorded in the minutes of a meeting of said Board duly held on September 10 , 1968 and not subsequently rescinded or modified . IN WITNESS WHEREOF , I have hereunto subscribed my name as Clerk of the Town of Danby this /?=day of September , 1968 . • • teccagLigelei • • • • • • • • • • THALER & THALER TTORNEYS & COUNSELLORS 309 NORTH TIOGA STREET • ITHACA, NEW YORK 1,!