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The original item was published from 12/18/2012 3:41:08 PM to 1/19/2013 12:05:02 AM.

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Public Hearing Notices & Public Notices

Posted on: December 18, 2012

[ARCHIVED] Town Notice of Permissive Referendum Water Lease

NOTICE OF PERMISSIVE REFERENDUM REGARDING AUTHORIZATION OF THE LEASE OF THE TOWN OF VICTOR CENTRAL WATER DISTRICT TO THE MONROE COUNTY WATER AUTHORITY

PLEASE TAKE NOTICE, that on December 17, 2012, the Town Board of the Town of Victor duly adopted a Resolution entitled “Authorization to Lease the Town of Victor Central Water District to the Monroe County Water Authority” (the “Resolution”); and

PLEASE TAKE FURTHER NOTICE, that the terms of the Lease are summarized as follows:

Parties to Lease: Town Board of Town of Victor on behalf of the Town of Victor Central Water District and the Monroe County Water Authority.

Property to be Leased: Entire existing municipal water system of the Town owned by the District.

Term: 40 years.

Repairs & Maintenance: MCWA to operate, maintain, repair and undertake capital projects required to maintain existing water system.

Water Supply: MCWA to supply water to current customers of the Town/District and customers of any future expansion areas.

Water Rates: Customers to pay then current retail water rates generally applicable to “out-of-county” customers of MCWA.

Rent: Nominal rent of $1.00 in consideration of MCWA’s agreement to assume responsibility for ongoing repairs, maintenance and operating expenses.

Cellular Equipment Attached to Water Tanks: Existing leases with cell providers for equipment on water tanks to be assigned to MCWA; Town to retain lease revenue for 2 years with option to re-locate equipment at Town expense off of tanks onto monopoles to-be-constructed; After 2 year period, if equipment not re-located, revenue belongs to MCWA.

System Expansion: Future expansion of Town’s water system to be performed by Town at Town/District expense; MCWA to operate expansion areas as part of Lease.

Developer Improvements: To be constructed at Developer’s expense per MCWA requirements; Upon completion, improvements to be owned and operated by MCWA.

Service Connections: Service connections are to be made in accordance with requirements of MCWA.

Hydrants: Existing mains/hydrants to be replaced, as needed, at expense of MCWA; Requests by Town for hydrants less than 500’ apart to be done at Town expense.

Option to Purchase Joint Water Tank: MCWA to exercise option to purchase existing water tank jointly developed with Town per 1994 Cooperation Agreement; town waives payment of $100,000 option price in consideration of agreement by MCWA to eliminate proposed 2-year higher transition water rates.

Effective Date of Lease: MCWA to assume responsibility for water system by March/April 2013.

Transition Services: Pending Effective Date, Town to continue to provide service to existing customers; MCWA and Town to cooperate regarding system operations/projects during transition period.

Impact on Current Agreements with Town: Existing Wholesale Supply Agreement and Cooperation Agreement to terminate upon Effective Date of Lease.

Expiration of Lease-Option to Purchase: Following 40 year Lease term, MCWA has option to purchase Town’s water system at cost, less depreciation; Transmission booster stations and storage facilities installed by MCWA for benefit of overall MCWA system would remain with MCWA.

PLEASE TAKE FURTHER NOTICE, that Lease is on file at the Town of Victor Clerk’s Office where it is available for public inspection; and

PLEASE TAKE FURTHER NOTICE that said Resolution is subject to permissive referendum and a petition opposing said Resolution must be filed within 30 days after adoption of the Resolution.

Dated: December 18, 2012 Debra J. Denz, Town Clerk

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