HomeMy WebLinkAbout1946_03_20 Town Board Minutes I
The Town Attorney recommended. the following resolution
which was on motion by Councilman Embury, seconded by Councilman
Stiner, upon roll call, unanimously adopted:
WHREAS, the Budget for the year 1946, includes an
item for observance of Memorial and Armistice Days
by Veterans' Posts, in the total sum of $1,000, and
WHEREAS, Section 64, Subdivision 12 of the Town Lae ;
limits such appropriation to a total of $200. which,
may be incresed to $1,000. by resolution of the Town
Board, subject to permissive referendums
NOW, THEREFORE, BE IT
RESOLVED, that the Board appropriate the sum of $1,600.
for observance of Memorial and Armistice Days by Veter-
ans` Posts in the Town of Mamaroneck.
FURTHER RESOLVED, that this resolution is adopted sub-
ject to a permissive referendum and that the Town Clerk
is hereby authorized and directed to publish the same
in the official newspaper and post the same as re-
quired by Section 90 of the Town Law.
In reference to the Mirabelli matter, the Town Attorney
stated that he had nothing definite to report at this time .
Regarding In Rem foreclosure proceedings, the Town Attorney
informed the members of the Board that he and Village Attorney Sansone
have been working on a plan to be used that would be agreeable to both
the Town and the Village .
Under legislation, the Town Attorney reported that the bill
to amend the Westchester County Tax Act so as to permit the compromise
and cancellation of tax liens owned by the Town has been passed by both
the Senate and Assembly and is now before the Govenor . He further
stated that the amendment suggested to the In Rem foreclosure proceed-
ings introduced so far would not help the Town in adopting these pro-
ceedings and it is hoped that the bill may be further amended to make
this possible .
At the Supervisor' s suggestion, the Town Attorney discussed
in some detail the Condon-Wilson bill to amend the State Retirement
Law so as to permit policemen in Westchester County to retire after
twenty-five years of service on the basis of half pay. He stated that
the bill introduced by Assemblyman Sirignano of Mount Vernon would
make similar provision for paid firemen in the towns, cities and vil-
lages of Westchester County.
Following a lengthy discussion, no action was taken by
the Board.
The Town Attorney presented to the Board a satisfaction
of tax lien No. 427, dated May 23, 1934, covering property described
on the assessment roll as of that date, as Section 9, Block 10, Lou
1B which satisfaction vas executed by Ethel Hirsnman. This lien was
sold originally to Maria A. Carillo and assigned by her to Ethel Hirsh-
man by assignment dated September 26, 1939.
The Town Attorney also submitted an affidavit verified by
Ethel Hirshman May 13, 1942, stating that although search had been
made for this lien, she was unable to find the original and that she
had never assigned this lien and was still the owner and holder there-
of.
REGULAR MEETING OF THE TOWN BOARD, TOWN OF
MAMARONECK, HELD MARCH 20, 1946
In the Council Room of the weaver Street Fire House, Town of
Mamaroneck, New York.
The meeting was called to order by Supervisor Mandeville
at 8:15 P.M. ( Eastern :Standard Time ) .
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- Present: Supervisor Mandeville
Councilmen Stiner, Mills, Watson, Embury
Absent: None
The presence was also noted of Town Clerk Gronberg, Town
Attorney Delius, and Accountant Finson.
The minutes of March 6, 1946, were approved as presented.
The Supervisor requested the Town Clerk to read the
communications.
A letter dated March 14, 1946, was received from the
American Labor Party Club of Larchmont-Mamaroneck, urging the local
Town and Village Government to encourage the development of light
industry in our communities to provide employment for its local
citizens , The letter was ordered placed on file .
A letter dated March 12, 1946, was received from Comptroller
Orsino requesting authorization to transfer funds to cover the purchase
of two motorcycles ordered in 1945, which funds were available in the
1945 Police Budget.
On motion by Councilman Embury, seconded by Councilman
Stiner, it was , upon roll call, unanimously
RESOLVED, THAT the Supervisor be and he hereby is
directed to transfer the sum of $665.00 from 1945
surplus to the 1946 Police Department Budget item,
It Purchase of New Cars and Motorcycles ." y
A letter dated March 14, 1946, was received from Police Chief
Paul A. Yerick, advising that Patrolman Anthony Faillace , who has been
a member of the Town of Mamaroneck Police Department for the last six-
teen years, has resigned as of April 1, 1946.
The resignation was received with regret.
The report of the Town Clerk for the month of February,1946,
was ordered placed on file .
The Town Clerk presented the affidavit of publication of
the advertisement which appeared in the Daily Times on March 13, 1946,
in reference to the sale of property known as Block 904, Parcel 405,
He informed the members of the Board that there was only one bid which
was received from Mr . Reuben Sirlin on behalf of his client Jules M.
-- Gorlitz , for the sum of $4,050. A check in the amount of $405.
accompanied the bid.
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The Supervisor informed Mr. Sirlin, who was present,
that his offer was subject to the approval of the Village Board.
In discussing the offer made, the members of the Board
decided that since the property is located in the Village of
Mamaroneck, an expression be obtained from them as to their appro-
val or disapproval .
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The Town Clerk advised the members of the Board that
the legal notice in reference to Memorial Day observance and
Veterans Posts, subject to permissive referendum was published
in the Daily Times on March 9, 1946, and that the expiration date
would be Aprr.8, 1946.
Mr. George Polera appeared in reference to an offer• he
made of $250.00 for the purchase of tax liens affecting property
known as Block 124, Parcel 558.
The Supervisor informed the members of the Board that
he had written to Mr. Henry P. Rubin, attorney for Mr. Polera,
asking that his offer be increased to $450.00.
Following discussion, Mr . Polera agreed to increase
his offer to $400.00
On motion by Councilman Embury, seconded by Councilman
Mills , it was, upon roll call, unanimously
RESOLVED; that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept the sum of $400.00 in full settlement of the
following tax liens on property known as Block 124,
Parcel 558:
Sale Year Total Tax Lien
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1918 $ 3 .38
1928 18.50
1929 18.24
1931 50.30
1932 18.18
1933 52.20
1934 45 .80
1935 64.20
1936 50.64
1937 52.82
1938 55 .53
1939 61 .69
1940 53.74
1941 54.15
1942 53.97
1943 55.72
1944 55 .69
1945 57.47
FiRTHER RESOLVED, that the Receiver of Taxes and
Assessments be and he hereby is authorized, empowered
and directed to assign the above mentioned tax liens
to George Polera, Laurel Avenue, Larchmont, N.Y.
The Supervisor suggested that the meeting proceed with
reports of committees.
Councilman Watson presented the following petitions re-
ceived from the Assessor for the correction of the assessment roll
so as to permit the apportionment of taxes.
On motion by Councilman Watson, seconded by Councilman
Stiner, the following was, upon roll call, unanimously adopted:
WHEREAS, the Assessor has presented petitions for the
correction of the assessment roll for certain years,
pursuant to the provisions of Section 33 of Chapter
105 of the Laws of 1916, as amended, known as the
Westchester County Tax Act; and
WHEREAS, after due consideration this Board finds it
desirable to grant said petitions for the correction
of said assessment roll;
NOW, THEREFORE, BE IT
RESOLVED, that the assessment roll for the year 1945,
taxes of 1946, which shows property now appearing on
the roll as follows:
Section Block Lot Owner Land Only
5 2 2 to 8
( 501-201,296 & 345) Ackerman & Baltz $3,000
be corrected as follows, in accordance with the pro-
visions of subdivision 5 of Section 33:
Section Block Lot Owner Land Only
5 2 3A & 4A Ackerman & Baltz $ 700
( 501-300)
5 2 3B to 6B
(501-305) 7C & road P° 700
5 2 5A,6A
(501-311) & 7B It " 1,100
5 2 2,7A,8,
(501-331) strip & road n " 500
FURTHER RESOLVED, that the assessment roll for, the
year 1945, taxes of 1946, which shows property now
appearing on the roll as follows:
Section Block Lot Owner Land Only Imp. Total
6 11 35 to 38 Mrs . Michael Crimmins $,2,150 4,000 $6,150
( 603-471)
be corrected as follows, in accordance with the
provisions of subdivision 5 of Section 33:
Section Block Lot Owner Land Imp. Total
6 11 35 & 36 Elizabeth Crimmins $1,100 $1,100
(603-47)
6 11 37 & 38 Mrs . Michael Crimmins 1,050 4,000 5,050
( 603-476
FURTHER RESOLVED, that the assessment roll for the
year 1945, taxes of 1946, which shows property now
appearing on the roll as follows:
Section Block Lot Owner Land Imp. Total
7 23 1 & 2 Jos. P. Crowley & 71-$1,550 $5,000 $6,550
( 707-42)
be corrected as follows, in accordance with the
provisions of subdivision 5 of Section 33:
Section Block Lot Owner Land Imp. Total
7 23 2 Jos. P. Cowley $1.,000 5,000 6,000
(709-402)
- 7 23 1 Jos . P. Cowley 550 550
FURTHER RESOLVED, that the assessment roll for the
- year 1945. taxes of 1946, which shows property now
appearing on the roll as followsm
Section Block Lot Owner Land Imp. Total
8 112 35 to
(823-9) " 55 Village of Mamaroneck $29,300 $1,200 $30,500
be corrected as follows, in accordance with the
provisions of subdivision 5 of section 33:
Section Block Lot Owner Land Imp. Total
6 112 35 to
(823-9) 48 Village of Mamaroneck x}19,000 $13200 $ 20,200
8 112 49 to
(823-44) 55 Ralph Polcini 10,300 $10:300
On Incineration, Councilman Watson reported that the filling
in of the swamp located between the Incinerator and the Railroad with
ashes from the Incinerator would be completed in about two weeks . He
said that he had discussed with Mr. Foote the grading of this area,
which Mr. Foote planned to do in the near future.
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Councilman Embury reported that a joint meeting of the Police
and Park Commissions was held last evening in reference to parking and
traffic regulations at the Larchmont Station. He said that the Police
Commission agreed to the recommendations made by the Park Commission.
Under these regulations drivers who .wished to wait for trains would
be permitted to stop for ten or fifteen minutes along the Depot way, out
it is hoped to eliminate parking along Depot Way as soon as space
can be provided for elsewhere .
Councilman Embury informed the members of the Board that
since the flow of the stream at Larchmont Gardens has been changed, the
island in the center of the Lake was slowly disappearing and the barbs
were gradually being washed away. He recalled that at the time the WPA
project was in operation some rip-rapping work has been done but this
did not seem to stop it. He suggested that Mr. Foote make a survey
as to what the cost and needs would be . He said that although there
might not be immediate need for this work, some consideration should
be given to the matter.
He also informed the members of the Board that the Park De-
partment has decided very regretfully to give up its plans regarding a
Town Memorial, at this time, inasmuch as the Richard Kemper Memorial
would include the Town' s Gold Star names. In view of this., he suggested
that if the funds were not lased for this purpose , that perhaps the money
could be used towards whatever work would have to be done at the Lake.
Councilman Stiner stated that he had nothing to report for
his Departments .
Councilman Mills reported that he had at hand a copy of re-
solution adopted by the Town of Harrison in reference to 'certain pri-
vileges granted to veterans on purchase of property.
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The Supervisor pointed out that there is very little property
owned by the Town at present,bu.t that veterans have been given preference
in all request. He suggested that Councilman Mills go over the re-
solution with the Town Attorney and report back if he wished to make
any recommendations.
The Supervisor stated that he had at hand four offers to
settle taxes on the basis of the face amount of the tax liens plus six
per cent interest .
On motion by Councilman Stiner, seconded by Councilman Embury,
it was, upon roll call, unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept payment at the face amount of the tax liens
with interest at the rate of six per cent from the
date of sale to the date of payment, from Carl Carpino,
for the following tax liens , on property known as
Block 133, Parcel 499 :
Sale Year Total Tax Lien
1943 61 .82
1944 61.79
1945 63.75
On motion by Councilman Stiner, seconded by Councilman Embury,
it was, upon roll call, unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept payment at the face amount of the tax liens
with interest at the rate of six per cent from the date
of sale to the date of payment, from Edward S. Cornell, Jr..
for the following tax liens on the following described
property.
Block 602, Parcel 351 - - Sale Year Total Tax Lien
1943 290.98
1944 283.35
1945 296.99
Block 602, Parcel 368 - 1943 63.44
1944 61.79
1945 64.93
Block 602, Parcel 372 - 1943 314.19
1944 305 .95
1945 320.66
On motion by Councilman Stiner, seconded by Councilman Embury,
it was, upon roll call, unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept payment at the face amount of the tax liens
with interest at the rate of six per cent from the date
_ of sale to the date of payment, from Charles G. Williams,
for the following tax liens on property known as Block
820, Parcel 241:
Sale Year Total Tax Lien
1940 89.25
1941 87.12
1942 88.18
1943 92.05
1944 84.25
1945 88.00
On motions by Councilman Stiner, seconded by Councilman
Embury, it was, upon roll call, unanimously.
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept payment at the face amount of the tax liens
with interest at the rate of six per cent from the date
of sale to the date of payment, from Mrs. C. Belle
Salmon, for the following tax liens on property known
as Block 928, Parcel 1:
Sale Year Total Tax Lien
1943 392.04
1944 382.59
1945 398.86
The Supervisor recommended the following resolution, which
was on motion by Councilman Embury, seconded by Councilman Watson.,
upon roll call , unanimously adopted:
RESOLUTION AUTHORIZING THE ISSUANCE OF TAX ANTICIPATION
NOTES OF THE TOWN OF MAMARONECK IN AMOUNT NOT EXCEEDING
$44,000. IN ANTICIPATION OF THE COLLECTION UNPAID SCHOOL
TAXES FOR THE FISCAL YEAR 1946.
RESOLVED BY THE TOWN BOARD OF MAMARONECK,
IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows :
Section 1. In anticipation of the receipt of unpaid
school taxes for the fiscal year beginning July 1,1945,
and ending June 30, 1946, and for the purpose of providing
money to pay to the Treasurer of the Union Free School
District #l, of the Town of Mamaroneck the amount of un-
paid school taxes, the Supervisor is hereby , authorized and
directed to issue Tax Anticipation Notes of the Town in
total principal amount not exceeding $44,000. pursuant
to Section 31 of Chapter 105 of the Laws of 1916 of the
State of New York, as amended, and pursuant to Section
24.00 of the Local Finance Law of the State of New York.
Section 2. It is hereby determined and declared:
(a) The total amount of school taxes levied
in said Town for said fiscal year is $938,664.01 .
(b) The total amount of said taxes due and
unpaid is $46,067.64.
( c) The total amount heretofore borrowed and
-- outstanding in anticipation of the collection of said
taxes is none .
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Section 3. The notes or note issued under this re-
solution shall be dated April 8, 1946, and shall mature
on July 13 1946, and the date of maturity of such notes
or note or any renewals thereof shall not extend beyond
the close of the applicable period provided in Section
24.00 of the local Finance Law of the State of New York
for the maturity of such notes .
Section 4. The Supervisor is hereby authorized to
determine the number, denomination and interest rate of
said notes and to determine all other matters in connection
herewith not determined by this or subsequent resolution,
and his signature upon said notes or note shall be con-
clusive as to such determinations. The notes or note
issued hereunder shall be substantially in the form of
It model form of note payable to bearer" set forth in
Schedule B of the Local Finance Law of the State of
New York, and shall be signed by the Supervisor and
countersigned by the Town Clerk and shall have the seal
of the Town affixed thereto.
Section 5 . The Supervisor is hereby authorized and
directed to sell said notes at private sale at not less
than par, without advertisement or public bidding and to
deliver the same to the purchaser upon receipt of the
purchase price plus accrued interest from the date of
the notes to the date of delivery.
Section 6. The faith and credit of the Town of
Mamaroneck are hereby pledged for the punctual payjment
of the principal of and interest on said notes and, unless
_ otherwise paid or payment provided for, taxes shall be
levied on all of the taxable property in said Town in
an amount sufficient to pay said principal and interest.
On motion of Mr. Embury, seconded by Mr. Watson, the
foregoing resolution was adopted by the following vote:
AYES: Supervisor Mandeville
Councilman Stiner, Mills, Jr.
Watson, Embury
NOES: None
The Supervisor informed the members of the Board that the
Receiver of Taxes had requested the usual resolution which must be
adopted at the time of the year to provide for the method of collection
of taxes .
( Continued on next page)
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On motion by Councilman ?Platson, seconded by Councilman Mills
it was,upon roll call , unanimously
RESOLVED, that pursuant to Section 96A of Chapter 60,
of the consolidated. Laws as amended, known as the Tax
Law, the Receiver of Taxes and Assessments of the Town
of Mamaroneck is authorized to collect the 1946 State ,
County, Town and District taxes, assessments for street
and sidewalk improvments and water rents which become
a lien April 1, 1946, in two partial payments each
amounting to fifty per cent of the total of said taxes,
assessments and water rents;
FURTHER RESOLVED, that the Receiver of Taxes and Assess-
ments is authorized and empowered to receive such partial
payments or installments of taxes, assessments and water
rents at any time prior to the sale of tax liens but
subject to the same penalties as are specified and pro-
vided in Section 18 Chapter 105 of the Laws of 1916 as
amended, for the neglect to pay the total amount of
said taxes, assessments and water rents;
FURTHER RESOLVED, that the acceptance of any such partial
payment or instalment of the 1946 taxes, assessments and
water rents, shall not be deemed to affect in any manner
any right of the Town of Mamaroneck under any General or
Special Law to enforce collection of any unpaid balance
of such taxes, assessments and water rents as may remain
due and owing to the Town of Mamaroneck but such rights
and powers shall remain in full force and effect to en-
force the collection of the unpaid balances of such taxes,
assessments and water rents together with interest
penalties and other lawful charges
-- On motion by Councilman Watson, seconded by Councilman
Mills, it was, upon roll call, unanimously
RESOLVED, that in accordance with the provisions of
Section 26 of the Westchester County Tax Act, " The
Daily Times" , the official newspaper published in
the Village and Town of Mamaroneck, be and it hereby
is designated as the newspaper in which the Receiver
of Taxes and Assessments shall publish the notice of
the collection of State , County, Town and District
taxes, Special Assessments and 'Dater Rents; and be it
FURTHER RESOLVED, that said publication be made on
March 25, 1946, in "The Daily Times" ; and be it
FURTHER RESOLVED, that in accordance with the pro-
visions of Section 26 of the "Westchester County Tax
Act, the Town Board do and it hereby does direct the
Receiver of Taxes and Assessments to mail each
taxpayer of the Town of Mamaroneck, whose address is
known to said Receiver of Taxes and Assessments, a
tax bill for all taxes , assessments and water rents,
the expense thereof to be a town charge
FURTHER RESOLVED, that pursuant to Chapter 82 of the
- Laws of 1944, the Town Board hereby approved the of-
ficial form of tax receipt used by the Receiver of
Taxes in the year 1945 for taxes for the year 1946
The Supervisor reported that a stone crusher purchased at
the time of the operation of the WPA at a cost of about eight or nine
hundred dollars, could now be sold for the sum of $1,000. provided this
could be done without a public auction.
The Supervisor explained that the purchaser has planned to
export this stone crusher and according to the Export Act this could
not be done if sold at public auction. He said that this piece of
equipment had been dismantled at the Town Yard for quite some time and
would be of no further use to the Town.
Following discussion, it was on motion by Councilman Stiner,
seconded by Councilman Mills, upon roll call, unanimoully
RESOLVED, that the Supervisor be and he hereby is
authorized to sell to Arthur Donohue , the stone
crusher owned by the Town of Mamaroneck, formerly
part of the WPA equipment, for the sum of $1,000.
cash.
The Supervisor reported that he had received a letter from
the Larchmont visiting Nurse Association stating that they were in need
of the services of an additional nurse due to the fact that their duties
cover the entire Larchmont Postal District. The Supervisor planned to
attend a meeting of this Association in the near future and wished to
obtain the opinion of the Board on this matter.
The Board agreed that this organization is doing a splendid
job and was rendering a great service to the Community and were in favor
of the employment of an additional nurse.
The Supervisor stated that he had a letter dated March 14, 1946,
r eceived from the Mamaroneck Health Center, Inc . , requesting that the
budget appropriation of the public health nurse ( Village-Town) be in-
creased by $100.00.
Following discussion, it was on motion by Councilman Embury,
seconded by Councilman Watson, upon roll call, unanimously
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RESOLVED, that the salary of Miss Mary A . Peck
is hereby increased to the rate of $1,000. per
annum, effective March 15, 1946
FURTHER RESOLVED, that there be appropriated
the additional sum of $79.04 to Miscellaneous Out-
side Villages, Public Health Nurses, P.T. ,which
funds are transferred from surplus available from
1945 operations, Outside Village District.
FURTHER RESOLVED, that the Town' s Compensation Plan
originally adopted on January 3, 1944, be and it is
hereby amended as follows :
FROM:
Public Health Nurse, (P.T. ) - $900.00
TO: Minimum Maximum
- Public Health Nurse ( P.T. ) $780.00 $1,000.00
The following statements were ordered placed on file :
Supervisors Reports for the months of January and February 1946, List
of claims audited and paid by the Comptroller from March 20,1946.
1 I
The Town Attorney recommended the following resolution, which
was on motion by Councilman Embury, seconded by Councilman Watson, upon
roll call unanimously adopted:
WHEREAS, Tilney & Company, 138 Pearl Street, New `York
5, N.Y. holder of the following described registered
bonds of the Town of Mamaroneck ( Water Distribution) ;
Forty Thousand Town of Mamaroneck Water Registered
41/4% bonds ( Twenty thousand Mater Works System and
- Twenty thousand Water Distribution, dated June 1, 1927) ,
part of an issue of $382,000 Water Works Syystem and
$300,000 Water Distribution, due serially $8,000 each
year June 1 , 1953-1957, with registration numbers
84/103 Water Works System, 97/116 Water Distribution,
has requested that the Town Board authorize the re-
conversion of said registered bonds into coupon bonds
by registering same to bearer and by attaching to said
bonds new coupons for unmatured interest, the expense
of such reconversion to be borne by Tilney & Company;
and
WHEREAS, said bonds were originally issued in coupon
form and later converted into fully registered bonds;
NOW, THEREFORE,, BE IT
RESOLVED by the Town Board of the Town of Mamaroneck:
as follows:
Section 1. That, in accordance with the provisions
of Chapter 813 of the Laws of 1936 a constituting Sec-
tion 11A of the General Municipal Law, as amended, the
following described bonds of the Town of Mamaroneck,
heretofore sold and delivered as coupon bonds and there-
-- after converted into fully registered bonds (the coupons
to which having been cut off and destroyed) are hereby
authorized to be reconverted into coupon bonds; such
bonds being described as follows: Forty Thousand Town
of Mamaroneck Water Registered 41/4% bonds, ( Twenty thou-
sand Water Works "System and Twenty thousand Water Dis-
tribution June 1, 1927) , part of an issue of
$382,000 Water Works System and $300,000 Water Distri-
bution, due serially $8,000 each year June 1, 1953-1957,
with registration numbers 84/103 Water Works System:
97/116 Water Distribution.
Section 2. That the cost of such reconversion shall
be borne by Tilney & Company, holder of said bonds;
and that such reconversion shall be effected by regis-
tering said bonds to bearer and attaching to said bonds
new coupons for unmatured interest, signed with the
facsimile signature of the Supervisor, such new coupons
to be in substantially the same form and of ,tbe same
numbers and denominations as the original coupons; and
that each of said new coupons so attached, shall contain
a statement' that it is issued for the purpose of recon-
verting the bond to which it is attached, into a coupon
bond.
Section 3. That said new coupons shall commence with
the coupon maturing June 1, 1946, and shall be numbered
#38 and the subsequent coupons shall be numbered in
numerical order.
3
Section 4. That said new coupons shall be in sub-
stantially the following form:
The TOVN OF MATIARONECK $21.25
in the County of Westehester ,
WILL PAY TO THE BEARER
ON THE DAY OF
The sum of Twenty-one and 25/100 Dollars ($21.25) in
Lawful money of the United States of America at the Office
of
Being six month' s interest Then Due on
Dated ( this coupon being issued pursuant to
resolution duly adopted by the Town Board on March 20th,
1946, to reconvert the bond herein described into coupon
form) bearing Number
Supervisor
( Coupon number)
SECTION 5. That to each of said bonds, when reconverted
into coupon form there may be attached a new certificate of
conversion in substantially the following form:
(FORM OF ENDORSEMENT)
CONVERSION CERTIFICATE
WE HEREBY CERTIFY that upon the presentation
of the within bond with a written request by the owner
thereof for its conversion into a registered bond, we have
this day cut off and destroyed coupons attached there-
to numbered from to inclusive, of the amount
and value of Dollars ($ ) each, amount-
ing in the aggregate to Dollars ($ )
and that the interest at the rate of per centum
( o) per annum, payable semi-annually, on the days
of and , in each year, as was provided by the
coupons, as well as the principal, is to be paid to the
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legal representatives, successors or assigns, at the
office of the
the place stated in the coupons .
I
Date, , 19
Supervisor
Town Clerk
SECTION 6. That the Town Clerk is hereby authorized
to effectuate the reconversion of said bonds in accord-
ance with this resolution.
SECTION 7. That this resolution shall take effect
immediately.
On motion by Councilman Embury, seconded by Councilman Watson',
the following was, upon roll call, unanimously adopted:
WHEREAS, Tilney &Company, 138 Pearl Street, New York
5, N.Y. holder of the following described registered
bonds of Sewer District No. 1 of the Town of Mamaro-
neck: Thirty-two thousand Town of Mamaroneck Sewer
Registered 44% bonds, Sewer Series E, part of an
issue of $140,000 Sewer Series E. due serially $4,000
each year July 1, 1953-1960, with registration numbers
93/124, bas requested that the Town Board authorize
the reconversion of said registered bonds into coupon
bonds by registering same to bearer and by attaching
-- to said bonds new coupons for unmatured interest, the
expense of such reconversion to be borne by Tilney &
Company and
'WHEREAS, said bonds were originally issued in coupon
form and later converted into fully registered bonds;
NOW, THEREFORE, BE IT
RESOLVED by the Town Board of the Town of Mamaroneck.,
as follows:
SECTION 1 . That, in accordance with the provisions
of Chapter 813 of the Laws of 1936, constituting Sec-
tion lla of the General Municipal Law, as amended, the
following described bonds of the Town of Mamaroneck,
heretofore sold and delivered as coupon bonds and
thereafter converted into fully registered bonds ( the
coupons to which having been cut off and destroyed)
are hereby authorized to berlonverted into coupon
bonds; such bonds being described as follows: Thirty-
two thousand Town, of Mamaroneck Sewer Reo stered 4
bonds, Sewer Series E, part of an issue of $1240,000
Sewer Series E. due serially $4,000 each year July 1,
1953-1960, with registration numbers 93/124.
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SECTION 2. That the cost of such reconversion shall
be borne by Tilney & Company, holder of said bonds, and
that such reconversion shall be effected by registering
said bonds to bearer and attaching to said bonds new coupons
for unmatured interest, signed with the facsimile signature
of the Supervisor, such new coupons to be in substantially
the same form and of the same numbers and denominations
as the original coupons; and that each of the said eounons
so attached,shall contain a statement that it is issued
for the purpose of reconverting the bond to which it is
attached, into a coupon bond.
SECTION 3. That said new coupons shall commence with
the coupon maturing July 1, 1946, and shall be numbered
#'42 and the subsquent coupons shall be numbered in numerical
order.
SECTION 4. That said new coupons shall be in substantially
the following form.
The TOWN OF MAMARONECK 21.25
In the County of Westchester
WIILL PAY TO THE BEARER
ON THE DAY OF
The sum of Twenty-one and 25/100 Dollars ($21.25) in
Lawful money of the United States of America at the office
of
--- Being Six 1donth° s Interest then Due on
Dated ( this coupon being issued pursuant to
resolution duly adopted by the Town Board on lHarch 26th,
1946, to reconvert the bond herein described into coupon
form) bearing Number
Supervisor
( Coupon number)
SECTION 5. That to each of said bonds, when reconverted
into coupon form, there may be attached a new certificate
of conversion in substantially the following form:
(FORM OF ENDORSEMENT)
CONVERSION CERTIFICATE
SITE HEREBY CERTIFY that uponpresentation of
the within bond with a written request by the owner there-
of for its conversion into a registered bond, we have this
9
day cut off and destroyed coupons attached thereto
numbered from to , inclusive, of the amount
and value of Dollars ( $ ) each
a
amounting in the aggregate to Dollars
( ) and that the interest at the rate of
per centum ( % ) per annum, payable semi-annually
on the days of and in each year, as
was provided by the coupons, as well as the principal,
is to be paid to the legal representatives, successors
or assigns, at the office of the
place stated in the coupons.
Dated , 19
Supervisor
Town Clerk
SECTION 6. That the Town Clerk is hereby authorized
to effectuate the reconversion of said bonds in accordance
with this resolution.
SECTION 7. That this resolution shall take effect
immediately.
The Town Attorney brought up the matter regarding the proposed
installation of a water pipe on the property owned by Interboro in-
dustrials , Inc . He stated that he had received a letter from Mr.
Morway Picket, Attorney, representing Interboro Industrials, Inc. , in
which they offered to deposit with the Water Company the necessary funds
to cover the work to be done by the Water Company. He submitted a pro-
posed agreement between the Westchester Joint Water Works No.ls the
Interboro Industrials, Inc . , and the Town of Mamaroneck, and following
discussion it was agreed that the agreement in substantially the form
submitted is hereby approved.
On motion by Councilman Mills, seconded by Councilman Stiner,
it was, upon roll call, unanimously
RESOLVED, that the Supervisor is hereby authorized to
sign the agreement provided the same is also signed by
the Westchester Joint Water Works No.l, and Interboro
Industrials , Inc. :
THIS AGREEMENT, made this day of , 1946:
between WESTCHESTER JOINT WATER WORKS, NO1, a public cor-
poration, organized under the Laws of the State of New York,
with its principal place of business at No. 24 Hallstead Avenue,
Mamaroneck, N.Y. , hereinafter called the "Water Works" , INTER-
BORO INDUSTRIALS , INC. , a domestic corporation having its principal
office at No. 265 Madison Avenue, New York City, hereinafter
called the"' Customer" , and the TOWN OF MAMARONECK, a municipal
1
Corporation, having its office at 158 West Boston Post Road,
in the Village of Mamaroneck, County of Westchester, State
of New York, hereinafter called the "Town" P
WITNESSETH:
WHEREAS, the customer has requested the Water .Forks
to lay and maintain approximately one thousand feet of 6"
water main for the purpose of supplying a real property
development, of the Customer with water, known as Byron
Estates in the Town of Mamaroneck, Westehester County,
New York, as shown on a certain map made by A.J. Foote
Civil Engineer and Surveyor, filed June 24th, 1944 in
the County Clerk' s office , Division of Land Records, as
Map No. 5813, and the Water Works, with the approval and
authorization of the Town, is willing to comply with said
request upon the terms hereinafter set forth,
NOW, THEREFORE, in consideration of the mutual covenants
and agreements hereinafter set forth, the parties hereto do
mutually agree one with the other as follows.
(1) The Water Works will furnish pipe; lay, install
and connect the same with existing water mains, necessary
for a 6" water main which shall extend from the existing
water main of the Water Works, Iodated in Weaver Street
opposite the proposed extension of Byron Lane, as shown
on the aforesaid maps and thence running in a generally
northwesterly direction in the bed of the proposed Byron
Lane as shown on said map, a distance of approximately
1,000 feet to the dead end of the existing Byron Lane .
(2) The Customer shall dig and provide the necessary
- trench in which to lay said water main, which trench shall
be dug in accordance with the specifications of the Super-
intendent of the Water Works, and to the depth required by
him and the Customer shall furnish the labor to back fill
the trench after the laying of the pipe, which back filling
shall be done in accordance with the specifications and
under the direction of the Superintendent of the 'crater Works .
(3) The Water Works shall maintain said Water main and
furnish water service through the same for the use and benefit
of the Customer, its heirs, successors and assigns, and the
owners and occupants of properties fronting on said water
main, subject., nevertheless , to all of the rules and re-
gulations of the mater Works now in effect or hereinafter
to be in effect and at the rates now or hereafter regularly
effective as to the sale of water, in that portion of the
TOWN OF MAMARONECK supplied by the Water Works . All charges
for said water service shall be payable to and collected by
the Water Works.
(4) The customer has, simultaneously with the execution
and delivery hereof, deposited with the Water Works , the sum
of $2,486.95, receipt of which is hereby acknowledged, said
sum being the estimated cost to the Water Works of furnishing
and installing said water main. Upon the completion of the
installation of said water main, the water Works shall pre-
sent to the Customer a statement showing the cost of furnish-
ing and installing the same and if said cost exceeds the
amount deposited, then the Customer shall make an additional
deposit with the Water Works equal to the excess cost,
And if the cost of furnishing and installing said water
main shall be less than the amount deposited, then the
Water Works agrees to refund to the Customer the difference
between said cost and. the amount deposited. The Water Works
shall refund to -tm the Customer annually an amount equal to
ninety per cent of all the receipts received by the Water
Works during the previous calendar year from the sale of
water through service connections directly made with the
_ water main herein provided for until such time as the
full amount, so deposited with the Water Works to cover
its cost of such installation, shall have been refunded
to the Customer except that in no event shall the Customer
be entitled to any refunds for any period of time after
ten years from the date hereof . No such refund shall be
be due and payable to the Customer until such time as the
Customer shall have presented claim in due form demanding
payment of same .
( 5) Said deposit shall not bear interest and in no
event shall the Water Works be obligated to refund or pay
to the Customer any greater sum than the amount deposited
with it. F
( 6) the 'Water works shall have the right to extend
the water main installed under this agreement, connect
thereto, renew and enlarge the same without in any wise
altering the obligations of the parties hereto and said
water mains shall be the property of the Water Works, its
successors and assigns forever .
( 7) The Town approves and consents to the arrangement
herein made between the Customer and the water Works and
agrees that the refunds to be paid the Customer as herein-
__ before provided, when paid by the Water Works, shall be
charged to the Town by the water Works and deducted from
operating revenue payments payable to the Town by the
Water Works.
(8) This agreement shall be binding upon the parties
hereto, their successors and assigns .
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be only executed the day and year first
above written.
WESTCHESTER JOINT WATER WORKS,NO.I
Attest:
BY
Clem Chairman
INTERBORO INDUSTRIALS, INC.
By
TOWN OF MAMARONECK
By
Supervisor
Attest:
Town Clerk
65
Town Attorney Delius informed the members of the Board
that the State equalization rate on special franchises in the Town
has been dropped this year from 96% to 95%. He advised that the
new rate could be appealed in Albany on April 6, 1946, and that
raising it one point would net the Town about $1,200®
Following discussion, it was agreed that since the rating
is the same as that placed by the County on the assessment of real
estate, the Board decided against asking the Assessor to make the
appeal.
At 9:55 P.M. the Board unanimously resolved to adjourn.
Town Clerk
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