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HomeMy WebLinkAbout1933_10_25 Town Board Minutes :a mr RECESSED REGULAR LETTING OF TIT T0W BOARD TOWN OF MAMARONECK, NEW YORK held October 25th, 1933 At the Town Offices, 118 West Post Road, Mamaroneck, N. Y. The meeting was called to order by Supervisor Burton at 6:30 P. M. Present: Supervisor Burton Justices Boyd, heeds and Burbank, Town Clerk Marvin The presence was also noted of Counselor Ralph A. Gamble. On motion of Justice Leeds, seconded by Justice Burbank the following preambles and resolution were adopted: =FH AS, the purchasers of the $60,000. Sewer District Number 1 Bonds, Series K, sold on August 22, 1933, have requested a further extension of the period of time during which they may be permitted to take up and pay their said bonds, and IM,RPAS, it appears advisable to grant such extension of time , and WHEREAS, a certificate of indebtedness of the town in the amount of $25,000. issued for sewer purposes, matured on October 14, 1933, and WHEREAS, said certificate of indebtedness is to be -paid from the proceeds of said bond issue , and , WHEREAS, the holder of said certificate of indebtedness has agreed to renew the same in part pending the sale of said bonds, i NOW, THEREFORE, BE IT RESOLVED: Section 1. For the purpose of renewing in part Sewer Certificate of Indebtedness No. 24-3 in the amount of $25,000. dated June 14, 1933, and maturing October 149 1933 the fpervisor is hereby authorized to issue a new Certificate of Indebtedness in an amount not exceeding $25,.000, pursuant to the following laws of the State of New York as amended; the Town Law constituting Chapter62 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 . October 149. 1933 Maturity - December 20, 1933 Denomination: To be determined by the Supervisor Interest rate per annum: 6% Form: As dete mined 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 ie=not otherwise provided for and his signature upon said certificate shall be conclusive as to such determinations. 257 i The Supervisor is hereby authorized to sell such .Certificate of Indebt- edness- at private sale at not less than par without advertisement or public bidding. and deliver. the same to the purchaser upon receipt of the purchase price plus accrued interest from the date of the Cert- ificate to 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 this 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 otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget and a tax sufficient to provide for the payment thereof shall- be levied and collected. Ayes : Burton, Boyd, Leeds, Burbank and Marvin Nays : None The following resolution was offered by Justice Burbank and seconded by Justice Leeds, to-wits WIT-REAS, there are outstanding $409000, Tax Lien Certificates of Indebtedness of the Town of Mamaroneck, dated September 15 , 1933 and maturing October 16, 1933, issued for the purpose specified in Section 32 of Chapter 105 of the Laws of 1916, as amended; and WHEREAS, there is available only the sum of $5,000. to apply in reduction of said $40,000. certificates and it is necessary to renew the same in the amount. of $35,000; RESOLVED, that for the purpose of renewing said $40,000 Tax 'Lien Certificates of Indebtedness now outstanding and maturing. October 16, 1933, issued for the purpose specified in Section 32 of Chapter 105 of the Laws of 1916, as amended, there shall be issued $35,000 Tax Lien -- Certificates of Indebtedness of the Town of Mamaroneck, dated October 16, 1933, maturing November 15, 1933, bearing interest at the rate of six per centum per annum, payable at maturity, and of the following nunhers and denominations, toLwit : Number Denomination 1933 TL-10 $10,000. 1933 TI-11 109000. 1933 TL-12 10,000. 1933 TL-13 5,000. That said certificates shall be signed by the Supervisor and countersigned by the Town Clerk under the seal of the Town, and both principal and interest shall be payable in lawful money of the United States of America, at the = 9 New York, in New York exchange. FURTHER RESOLVED, that said certificates shall be issued in substantially the following form, to-wit . UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF WESTCHESTER TOWN OF MAMARONECK TAX LIFIT CERTIFICATE OF INDEBTED17SS No. 1933 TT<- $ KNOW ALL MEN BY THESE PRF'SENTS, That' the Town of Mamaroneck: in the County of Westchester, State of New York, hereby acknowledged itself indebt4d and for value received promises to pay to bearer on the 15th day of November, 1933, the sum of DOLLARS ($ ) , together with interest thereon from the date hereof at the rate of six (6) per centum per annum, payable November 159 1933. Both principal and interest of this certificate of indebted- ness are payable in lawful money of the United States of America at the s New York, in New York exchange. This certificate of indebtedness is issued for money borrowed on account of tax liens purchased on behalf of the Town of Mamaroneck pursuant to Section 32 of Chapter 105 of the Laws of 1916, as amended, and all other laws applicable thereto and pursuant to a resolution duly passdd and adopted by the Town Board of the Town of Mamaroneck,, and it is hereby certified that in the issuance hereof all provisions of law have been complied with and that no debt or other limit. has _been exceeded. This certificate of indebtedness is registerable in the office of the Town Clerk in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, the said Town of Mamaroneck has caused this certificate of indebtedness to be signed by its Supervisor and countersigned by its Town Clerk and the corporate seal of said Town to be hereunto affixed and this certificate of indebtedness to be dated as of the 16th day of October, 1933. COUNTERSIGN'ED: TOWN OF MAMARONECK, WE'STGILTTSTFR COUNTY, NEW YORK B__g Supervisor TOWN CLERK REGISTRATION This certificate of indebtedness may be registered under the signature of the Town Clerk of the Town of Mamaroneck, Westchester County, New York, below and shall thereafter be transferable only upon the written assignment of the registered holder or his attorney duly acknowledged or proved, such registration and transfer to be made in the Register kept in the office of said Town Clerk and a notation thereof to be made hereon. The principal and interest. of this certificate of indebtedness, if regis- tered, will be payable only to the registered holder, his legal representa- tives, successors or assigns. Such transfer may be to bearer, after which this certificate of indebtedness shall be subject to subsequent registra- tions and transfers as before. Date of Registry: In Whose Name Registered: Signature of Town Clerk 261 FURTHER RESOLVED, that said certificates of indebtedness shall be exchanged directly with the holders of the $409000 certificates of indebt- edness now outstanding and maturing October 16, 19331, on a par value- basis. FURTHER RESOLVED, that said certificates of inde�stedness shall be general obligations of the Town and all monies received from the redemption of transfers of tax liens shall be deposited in a special account and applied to the payment of said certificates of indebtedness. The question of the adoption of the foregoing resolution was duly put to a vote which resulted as follows : Ayes: Burton, Boyd, Leeds, Burbank and Marvin Noes: None. The following resolution was offered by Justice Boyd and seconded by Justice Leeds, to-wit : WHEREAS, There is outstanding a $50,000 Tax Lien Certificate of Indebtedness of the Town of Mamaroneck, dated June 27, 1933 and maturing October 27, 1933, issued for the purpose specified in Section 32 of Chapter 105 of the Laws of 1916, as amended; and WHEREAS, there is available only the sum of $59,000. to apply in reduction of said $50,000. certificate , and it is necessary to renew . the same in the amount of $45,000; RESOLVED, that for the purpose of renewing said $50,000 Tax Lien Certificate of Indebtedness now outstanding and maturing October 27, 1933, issued for the purpose specified in Section 32 of Chapter 105 of the Laws of 1916, as amended, there shall be issued a Forty-five Thousand Dollars ($452,000) Tax Lien Certificate of Indebtedness of the Town of Mamaroneck, dated October 272 1933, maturing January 27, 19341, bearing interest at the rate of six per centum per annum, payable at maturity, and numbered 5T. That said certificate shall be signed by the Supervisor and countersigned by the Town Clerk under the seal of the Towns and both principal and interest shall b;e payable in lawful money of the United States of America, at the First. National Bank of Yew York, New York City, New York. FURTHER RESOLVED, that said certificate shall be issued in substantially the following form, to-wit: UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF WESTCBESTER TOWN OF MAMARONE'CK TAX LIEN CERTIFICATE OF INDEBTEDNESS 1 . $45,000. KNOW ALL MEN BY THESE PRESENTS, That the Town of Mamaroneck, in the County of Westchester, State of New York, hereby acknowledges itself indebted and for value received promises to pay to bearer on the 27th day of January, 1934, the sum of FORTY-FIVE THOUSAND DOLLARS ($45,000) 9 together with interest thereon from the date hereof at the rate of six (fib per centum per annum, payable January 27, 1934. Both principal and interest of this certificate of indebtedness are payable in lawful money of the United States of America at the First National Bank of New York, in the City and State of New York. U'D This certificate of indebtedness is issued for money borrowed on account of tax liens purchased .on behalf of the Town of Mamaroneck pursuant to Section 32 of Chapter 105 of the Laws of 1916, as amended, and all other laws applicable thereto and pursuant to a resolution duly passed and adopted by the Town Board of the Town of a k n it is hereby certified that in the issuance hereof Mamaroneck,, a d y all provisions of law have been complied with and that. no debt or other limit has been exceeded. This certificate of indebtedness is registerable in the office of the Town Clerk in accordance with the provisions endorsed hereon. IN WITNESS MRFOF, the said Town of Mamaroneck has caused this certificate of indebtedness to be signed by its Supervisor and eountersig-ned by its Town Clerk and the corporate seal of said Town to be hereunto affixed and this certificate of indebtedness to be dated as of the 27th day of October, 1933.. TOWN OF YAYAROITFCK, VVTFSTCHESTER COUNTY; E-HAV YORK By Supervisor COUNTERS IGIv'F.'D: Town Clerk REGISTRATION This certificate of indebtedness may be registered under the signature of the Town Clerk of the Town of Mamaroneck, Westchester County, New York,, b:elowr, and shall thereafter be transferable only upon the written assignment of the registered holder or his attorney duly acknowledged or proved,, such registration and transfer to be made in the Register kept in the office of said Town Clerk and a notation thereof to be made hereon, The principal and interest of this certificate of indebtedness, if registered, will be payable only to the registered holder, his legal representatives, successors or assigns. Such transfer may be to bearer, after which this certificate of indebtedness shall be subject to subsequent registrations and transfers as before. Date of Registry: In Whose Name Rggis:tered: Signature of Town Clerk FURTHER RESOLVED, that said $45,000 Certificate of Indebted- ness shall be exchanged directly with the holderbf the $50,000 certif- icate now outstanding and maturing October 279 19335 on a par value basis. FURTHFR RFSOLVFD, that said certificate of indebtedness shall be a general obligation of the Town and all monies received from the redemption of transfers of tax liens shall be deposited in a special account and applied a pp to the payment of said certificate of indebtedness. The question of the adoption of the foregoing resolution was duly put to a vote which resulted as follows : Ayes: Burton, &oyd, Leeds , Burbank and EYarvin Noes: None The Supervisor requested the issuance of two certificates of indebtedness to pay for supplies used in connection with the construction of the Howell Park drains. Upon motion duly made and seconded, it was upon roll call unanimously 265 RESOLVED, WHEREAS the Supervisor has reported to this Board that in connection with the Howell Park Drain Work Relief Project heretofore completed, certain materials were purchased on which a refund from the State could not be obtained, said materials having been purchasedin the amount of $2468.64 from the Lock Joint Pipe Company and in the amount of $1009.50 from William J. McCormack Sand Company, Inc., and WHTRRAS there are no funds on hand with which to make payment of the aforesaid amounts:, and WHEREAS under the provisions of the Wicks Law, to wit, Chapter 798 of the Laws: of 1931 as amended, this Board may authorize the issuance of Certificates of Indebtedness for the aforesaid amounts expended under the provisions of said Wicks Law, THTREFORE, BF IT RES0LVED, as follows: Section 1. To pay the estimated cost of materials used in connection with the construction of Nowell Park Drain Work Project under the provisions of the Wicks Lawt the Supervisor is hereby authorized and directed to _issue and deliver the following Certificates of Indebtedness, to wit- i. a Certificate in the amount of $2468.64 to be issued to Look Joint Pipe Company, and U. a Certificate in the amount of $1709.50 to be issued to the William J. McCormack Sand Company, Inc. Section 2. Said Certificates of Indebtedness shall be payable as to both principal and interest at the First National Bank of Harrison, Td. Y. ; shall be dated October 2 5, 1933; shall bear a rate of interest of not to exceed o; per annum; shall become due and payable on May 15, 1934; shall- be nunbered consecutively, commenc- ing from the last Certificate of Indebtedness of the Town issued for such purposes and shall be- in substantially the usual form of Certif- ic;ates of Indebtedness issued to pay-- the cost of the construction of' the sewer system in Sewer District No. 1, the form of which has hereto- fore been adopted, except that they shall show upon their face that they are being issued pursuant to the "licks Law, to wits Chapter 798 of the Laws of 1931 as amended. Section 3. Said Certificate or Certificates of Indebtedness shall be general and unlimited obligations of the Town of Mamaroneck and the full faith and credit of said Town are hereby irrevocably pledged to the punctual payment of the principal and interest of said Certificate or Certificates of Indebtedness as the same shall become due in an amount sufficient to pay the principal and interest thereof and shall be included in the 1934 Budget of the Town. The Clerk urged that the Board prepare its 1934 budget at an earlier date this year than last year in order to allow more time for public consideration of the budget. He requested that all budget estim- ates from departmental heads , commissions, e-tc,. , be filed not later than November 15th. He was by resolution unanimously authorized so to notify all departmental heads, commissions, eta. The report of the Town Clerk for the month of September was received and ordered placed on file. The report of the Receiver of Taxes for the month of September was received and ordered placed on file. A letter dated October 17th from the Automatic. Voting Machine Corp. , in regard to applying the rental charge for two voting machines used last year against the purchase price of new machines was received and laid over. 26 A letter dated October 16th was received from Harry Potter, Supervisor of the Town of New Castle, inviting the town to attend patriotic exercises at Chappaqua on November 11th. The invitation was accepted with thanks and all the members who could do so .were, urged to attend. A letter dated October 21st was received from Mamaroneck Post No. 1156, Veterans of Foreign [Mars, inviting the Town Board to attend the joint installation of officers of the veterans of Foreign wars and the Ladies Auxiliary, on November 3rd. The invitation was accepted with -- thanks and all the members who could do so were urged to attend. The Clerk advised the Board that the terms of office of the Trustees of the Police Pension Fund would expire on October 30th. Upon motion, duly made, and. seconded, it was upon roll call unanimously, RESOLNED, that the present Trustees of the Police Pension Fund, namely; the Supervisor, the Chief of Police and Tustice of the Peace Wesley Iii. Messersmith, be and they hereby are appointed to succeed themselves for the term of office beginning November lst; 1933. A letter dated October 24th was received from Greenbaum, Wolff and Ernst on behalf of their client Therese H. Prince in regard to the proposed incinerator site. The letter was ordered laid over. A letter dated October 19th was received from the Board of Appeals for Zoning in regard to application: No. 1322 of Frank Porco for issuance of occupancy permit for premises on southwest corner of Boston Post Road and Dillon Road, which matter had been referred to the Board of Appeals at a previous meeting. The report recommended "that said occupancy permit be granted, provided that the premises remain as now conducted. " Upon motion by the Clerk seconded by Tustice Boyd , it was unanimously RESOLVED that the recommendation of the Board of Appeals for Zoning in regard to the issuance of an occupancy permit as above stated, be and it hereby is adopted and be it further RESOLVF'I? that the resolution of the Town Board passed at its meeting on April 17th, 1929, in regard to the applic- ation for the erection of a gasoline station on these premises, be and it hereby is amended so as to strike out that portion of the resolution reading "RE'SOLVED that the present metal temporary garages situated on said property, shall be reduced to five in number; further", and be it further RESOLVED that this amendment be made on the express condi- tion that the premises remain as now conducted; and be it further RESOLVED that except as hereinabove stated, the resolution of this Board passed at its meeting on April 17th, 1929s remain in full force and effect, and it hereby is in all respects ratified, confirmed and approved. The Supervisor presented the name of Robert H. Bergman of Murray Avenue for appointment to the Park Commission to succeed A. H. Stevens for the term of office ending December 31st, 1935. Upon motion duly made and seconded, it was upon roll call, unanimously 269 RESOLVED that Robert H. Bergman be and he hereby is appointed a member of the Park Commission, Bark District No. 1 of the Town of Mamaroneck, to succeed A. H. Stevens for the term of office ending December 31, 1935 ; and be it further RESOLVED that the bond of Mr. Bergman be and it hereby is fixed in the amount of $11,000.00. At 6.50 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. / Town Clerk