HomeMy WebLinkAbout1933_09_16 Town Board Minutes SPECIAL ITETING OF THE TOWN BOARD
TOWN OF MAKAROITCK, N. Y.
Held September 16th, 1933
At the Town Offices, 118 West Boston Post Rd. , Mamaroneck, N.Y.
The meeting was called to order by Supervisor Burton at
12 otolock noon.
Present; Supervisor Burton
Justices Boyd, Leeds, Messersmith and Burbank
Torun Clerk Marvin
The presence was also noted of Counselor Gamble.
The Supervisor advised the Board that on July 19th, 1933, he
had been authorized by resolution . of the Board to borrow the sum of
$130,847.30 upon Town of Mamaroneck Tax Lien Certificates of Indebted-
ness under the terms provided in said resolution and that he had sold
$50,000.00 principal amount of said certificates dated July 15th, 1933,
maturing September 15th, 1933, and that the holders of said certificates
had agreed that provided the sum of $103,000.00 was paid on account of
said certificates, they would accept new tax lien certificates to the
extent of $"409,000.00, payable October 16th, 1933.
The following resolution was offered by Justice Nlessersmith,
seconded by Justice Boyd, to wit:
WHEREAS this Board has heretofore authorized Tax Lien Cert-
ificates of Indebtedness to be issued in the sum of $130,847.30; and
WHEREAS $50,000.00 principal amount of said Certificates
were heretofore issued on July 15th, 19339 which came due on September
15th, 1933; and
WHEREAS the holders of said certificates have agreed to accept
new certificates in the amount of y`$.40,000.00 provided the sum of
$10,000.00 is paid; now therefore be it
RESOLVED, that for the purpose of renewing in part
Certificates of Indebtedness Numbers 1933 T.L. ® 1,2,
3,4 and 5, in the amount of $50,000.00 of the Town of
Mamaroneck dated July 15th, 1933, and maturing September
15th, 1933, the Supervisor is hereby authorized to issue
new tax lien Certificates of Indebtedness in the amount
of $400000.00 and to pay on account of said outstanding
Tax Lien Certificates the sum of $10,000.00; further
RESOLVED, that said Tax Lien Certificates hereinafter
authorized to be issued shall be signed and sealed and
shall be in such form, shall mature and shall be sold
by the Supervisor in accordance with the resolution of
July 19th, 1933, heretofore adopted, which resolution
is herein ratified and confirmed except to the extent
herein provided; further
RESOLVED, that when said certificates shall have been
duly executed the same shall be delivered to the purchaser
upon receipt of the purchase price plus accrued interest
from the date of certificates to the date of delivery or
in exchange for the surrender of the Certificates of
Indebtedness for the renewal of which these Certificates
are authorized.
The question of the adoption of the foregoing resolution was
duly put to a vote which resulted as follows :
Ayes : 6
Nayes: None
Lao
The following resolution was moved by JumticelBurbank, seconded
by Justice Leeds and. upon roll call unanimously adopted as follows:
WHEREAS the Town Board on January 4th, 1933, authorized a
Certificate of Indebtedness in the amount of $29,709®900 as provided
by Section 31 of the Westchester County Tax Law to be issued against
assessments levied and assessed against the lots or plots fronting along
31yyrtle Avenue and Madison Avenue to Maxwell Street in the Town of
Mamaroneck to pay the cost of improving said streets pursuant to the
provisions of Chapter 549 of the Laws of 1926 as amended; and
AREAS the Town Board on January ,4th authorized:a Certificate
of Indebtedness in the amount of $3,265.18 as provided by Section 31
of the Westchester County Tax Law to be issued against assessments
levied and- assessed against the lots or plots fronting on Homer Avenue,
Orsini Drive and Maple Hill Drive within the Maple Hill Subdivision
within the Town of Mamaroneck to pay the cost of improving said streets
pursuant to the provisions of Chapter 649 of the Laws of 1926 as amended;
and
WHEREAS the Supervisor issued said certificates in said amounts
which were numbered 2-1933 and 1-1933, respectively, were dated January
it 1933 and became due July 1, 1933 and are held by the Trust Company of
Larchmont•, and
WHEREAS the two said certificates aggregate the principal
amount of $5075.08 and the Trust Company of Larchmont has agreed to
extend said certificates for a further period provided the sum of
$2075.08 is paid in: reduction thereof; and
WHEREAS the Receiver of Taxes has since December 31, 1932
received or collected certain amounts which may be applied in payment
of said respective certificates as a part of the proceeds in reduction
thereof, said sum so collected being however, not in excess of the
sum of $29975.08; ITOW, THF-REEORE, BE IT
RESOLVED; that pursuant to the provisions of Section 31
of the Westchester County Tax Law, the Supervisor be and
he hereby is authorized and empowered to borrow upon
the faith and credit of the Town of Lamaroneck the sum
of $3,000. for which sum he shall issue under the name
and seal of said town, temporary Certificates of Indebted-
ness in the sum not exceeding $3,000.00 ; further
RESOLVED, that the Supervisor be and he hereby is auth"',
orized and directed to consolidate in one Certificate of
Indebtedness, if in his judgment he deems the same desirable ,
the aforesaid certificates for unpaid Maple Hill assessments
and unpaid Myrtle Avenue assessments hereinabove authorized
to be sold;- further
RESOLVED, that said Certificates of indebtedness shall
be in the form and subject to all the other provisions
as provided by resolutions of January 4, 1933.
The Supervisor reported that the Trust Company of Larchmont
had agreed to extend these Certificates of Indebtedness to December is
1933.
Upon motion, duly seconded, it was
RESOLVED, that the action of the Supervisor in disposing
of said. Certificates of Indebtedness to the Trust Company
of Larchmont upon the terms thus set forth including the
payment of $2,975.08 paid on account and in reduction of
said two certificates be and the same hereby is in all
respects ratified and confirmed.
7
Upon motion by justice Leeds, seconded by Justice Boyd,
the following resolution was adopted:
RESOLUTION DETERMINING THE FORK OF CERTIFICATES
OF INDEBTEDNESS ISSUED TO PAY THE COST OF THE
CONSTRUCTION OF TIT SEWER SYSTEM ITT SEWER DISTRICT
No. 1, 0F.7THF TOWN OF MAMARONFC&
-- The Town Board of the Town of 11amaroneck, in the County of
Westchester, New York, hereby resolves as follows :
Section 1. Whenever the Supervisor of the Town of I$amaroneck
is authorized by this Board to issue Certificates of Indebtedness, the
same to be a Town charge , the proceeds of such Certificates to be
a*plied to the payment of the estimated cost of the construction of a
part or portion of the sewer system in Sewer District No. I of the
Town of Iilamaroneck, as enlarged and extended, such Certificates of
Indebtedness shall be executed by the Supervisor and the seal of the
Town shall be affixed thereto and attested by the Town Clerk and shall
be in substantially the following forms
No.
UNITED STATES OF AYAFRICA
STATE OF NEW YORK
COUNTY OF WESTCHESTER
TOWN OF YMARON.ECK
CERTIFICATE OF INDEBTEDNESS - SEVV;='R SERIES
The Town of Mamaroneck, in the County of Westchester, a
Municipal Corporation of the State of New York, hereby acknowledges
itself indebted and for value received promises to pay to the bearer
of this Gertificate , the sum of ($
Dollars on with interest thereon from the date
hereof at the rate of per centum ( %) per annum. Both prin-
cipal and interest of this Certificate are payable at the office of
in lawful money of the United States of America.
This Certificate ii issued pursuant to the provisions of the
Town Law constituting Chapter 62 and the General Municipal Law
constituting Chapter 24 of the Consolidated Laws of the State of
New York as amended, Chapter 594 of the Laws of 1926, Chapter 437 of
the Laws of 1928, Chapter 860 of the Laws of 19305 of the State of
New York, for money borrowed to pay the cost of the construction of a
part or or portion of a sewer system in Sewer District No. 1 in said Town.
It is hereby certified and recited that all conditions, acts,
and things required by the Constitution and Statutes of the State of
New York to exist, to have happened and to be performed precedent to
and in the issuance of this Certificate , exist, have happened and have
been performed, and that the issue of Certificates of which this is one,
together with all other indebtedness of said Town, is within every debt
and other limit prescribed by the Constitution and Laws of said State,
and the full faith and credit of the T®wn of Mamaroneck are hereby,
pledged to the punctual payment of the principal and interest of this
Certificate , according to its terms.
IN WITNESS WHEREOF, the Town of Mamaroneck has caused this
Certificate of Indebtedness to be signed by its Supervisor, and its
corporate seal to be hereunto affixed and attested by its Town Clerk
this day of
I
Attests Supervisor
Tcwn Clerk
2` 3 9
Provided, however, that the Supervisor may, if he deems
it in the interests of the Town of Mamaroneck, issue a Certificate or
Certificates of Indebtedness which may be coupon in form but otherwise
substantially in the form hereinabove provided.
The foregoing resolution was adopted by the following vote :
Ayes : 6
Hayes : None
Upon motion by Justice Burbank, seconded by Justice MiessersmitI
- - the following preambles and resolution were adopted:
WI=AS the purchasers of the $60,000 Sewer District
No. 1 bonds, Series K, sold on August 22, 1933, have
requested an extension of the period of time during
which they may be permitted totake up and pay their
said bonds; and
WHFRFAS it appears advisable to grant such extansions
of time.- and
WHEPMAS a Certificate of Indebtedness of this Town in the
amount of $25,000 issued for sewer purposes matures on
September 15, 1933;: and
WHEREAS said certificate of indebtedness is to be paid
from the proceeds of said bond issue,
NOW, THgnEFORE, BE IT RESOLVED:
Section 1. For the purpose of renewing in part Sewer
Certificate of Indebtedness No. 24-1 in the amount of ` 25,000 of the
Town of Mamaroneck, dated September 15, 1932 and maturing September
152 1933, the Supervisor is hereby authorized to issue a new Certificate
of Indebtedness in an amount not exceeding $251,000. pursuant to the
following laws of the State of New York as amended : The Town Law
constituting Chapter 62 and the General Municipal Law constituting
Chapter 24 of the Consolidated 'Laws, Chapter 594 of the Laws of 1926,
Chapter 437 of the Laws of 1928 and Chapter 860 of the Laws of 1930.
Section 2. The following matters in connection with said
Certificate of Indebtedness are hereby determined :
Date : September 15, 1933
Maturity: November 15, 1933
Denomination : 1 of $201r000.
Interest rate per annum 6%
Form; as determined by resolution adopted September 16, 1933.
Said Certificate of Indebtedness shall be signed by the
Supervisor and shall have the corporate seal affixed and attested by
the Clerk. The Supervisor is hereby authorized to determine all matters
in connection with said Certificate of Indebtedness, the determination
of which is not otherwise provided for aind his signature upon said
certificate shall be conclusive as to such determinations. The
Supervisor is hereby authorized to sell such Certificate of Indebtedness
at private sale at not less than par without advertisement or public
bidding and deliver the same to the purchaser Capon receipt of the
purchase price plus accrued Interest from the date of the delivery, or
in exchange for the surrender of the Certificate of indebtedness for the
__.. renewal of which this Certificate of Indebtedness is authorized.
Section 3. Any instrument issued pursuant to tYis resolution
shall be a general obligation of the Town of Mamaroneck and the faith
and credit of the Town are hereby pledged to the punctual payment of
the principal of and interest on said obligation, and unless other-
wise paid or payment provided for, an amount sufficient for such pay-
ment shall be inserted in the budget and a tax sufficient to provide
for the payment thereof shall be levied and collected.
Ayes: 6
Nayes: None
2,41
Justi-ee Burbank reported that the high water in the east
branch of the Sheldrake River running through Larchmont Gardens had
flooded one or more cellars. Upon motion by Justice Messersmith,, seconded
by the Clerk, it was upon roll call unanimously
RESOLVED that this matter be referred to the Supervisor
and Superintendent Coles with authority to employ an
engineer to determine what should be done under the
circumstances.
_ The Clerk reported to the Board that he had been advised
by Public Welfare Commissioner DeVinne that the existing welfare
offices were not adequate for the use of the Welfare Department and that
the Welfare Commissioner desired to use the Town Hall for these. offices.
The Clerk further stated that in order to put the hall properly
in shape for such use , it would be necessary to spend money for painting,
heating, lighting and weather-stripping repairs.
The matter was by resolution referred to a committee to be
appointed by the Supervisor to obtain costs of the necessary repairs.
The report of the Town Clerk for the month of August was
ordered received and placed on file.
The report of the Receiver of Taxes for the month of August
was ordered received and placed on file.
Justice Yessersmith reported that the boiler for the heating
plant of the Weaver Street Fire House was worn out and that it would be
advisable to install a new one. The matter was referred to the Fire
House Committee.
A letter dated September 7th was received from William F.
Edwards, Chairman of the Board of Park Commissioners , Park District N0.12,
Town of Mamaroneck, tendering his resignation.
Justice Leeds moved and Justice Boyd seconded the following
resolution :
RESOLVED that the resignation of William F. Edwards
as Chairman of the Park Commissioners, Park District
No. 1, Town of Mamaroneck, be laid over for further
consideration.
A vote being taken upon the foregoing resolution resulted as
follows :
Ayes: Burton, Boyd, heeds, Burbank and Marvin
Noes : None
Justice Messersmith not voting.
A communication dated September Ist was received from the
Receiver of Taxes in reference to a claim for refund of taxes in the
amount of $86.11 by Herman Wiebke. The- matter was ordered referred to
Counsel.
A communication dated September Ist was received from the
Receiver of Taxes in reference to a claim for refund of taxes in the
amount of $55.17 by Bonded Municipal Corporation. The matter was
ordered referred to Counsel.
At 1 P. M. the Board unanimously resolved to recess to meet
again at the call of the chair to take up such matters as might properly
come before it.
To��n Clerk �—