HomeMy WebLinkAbout1933_12_04 Town Board Minutes 291
SPECIAL 17 TING OF THE TOWN BOARD
TOWN OF MAKAROZECH, NEW YORK
HELD DECETaE.R 4TH9 1933.
At the Town Offices, 118 West Boston Post Road, Mamaroneck, N.Y.
The meeting was called to order by Supervisor Burton at
10:45 A. M.
Present: Supervisor Burton
Justices Boyd, Leeds, Messersmith and Burbank
Town Clerk Marvin
The presence was also noted of Counselor Gamble.
Mr. Roy Halsey of Mamaroneck addressed the Board concerning
the building on Wav-erly Avenue , formerly occupied by the R. A.
Fife Company and now owned by him.
After discussion, Mr. Halsey said he would discuss the matter
further at a later date with the Supervisor and Counsel.
The Supervisor advised the Board that he and Counsel had had
further conferences with the County officials in connection with obtain-
ing an additional advance on. account of the contract between the Town
and the County for the sale of a portion of the trunk line sewers and
that he now believed he could obtain an advance of $60,000. thereon und.Er
the termn and conditions which he had stated to the Board on November
16th, 1933.
Upon motion of the Clerk, seconded by Justice Leeds,; it was
upon roll call unanimously,,
RESOLVED, that the Supervisor and Counsel be and they
hereby are authorized, empowered and directed to enter
into an agreement with the Westchester County Sanitary
Sewer Commission and/or the County of Westchester in
connection with obtaining a further advance from the
C-ounty of approximately ,$60,000 on account of the sale
by the Town to the County of its trunk line sewers;,
FURTHER RE'SOLVE'D that the Supervisor be and he hereby
is authorized, empowered and directed to execute a
supplementary agreement providing ,for the further advance
from the County and/or the extension of time for the
County to pay the balance due on said contract up to
June lst, 1934, and upon such further terms and condi-
tions as Counsel may believe in the interests of the
Town of Mamaroneck.
Fir. Dillon, Receiver of Taxes, appeared before the Board and
advised the Board that he believed that he could negotiate the sale of
tax liens which had heretofore been bid in by and were owned and held
by the Town and that he felt that if the Board desired him to endeavor
to undertake this matter, he could by such means obtain the payment of a
considerable portion of unpaid taxes.
-- He stated that he had conferred with Counsel and Counsel had
advised him that in his opinion the Town had the right by assignment
under the provisions of the Westchester County Tax Act to sell and
transfer such tax liens as it owned at a rate of interest of less than
12ZS.
Mr. Dillon stated that if the Board desired him to undertake
this he desired them to pass a resolution authorizing him to proceed.
293
Upon motion duly seconded it was upon roll call unanimously
RESOLVED, that the Receiver of Taxes be and he is
hereby authorized and empowered to endeavor to sell
transfers of tax liens heretofore purchased and now
owned by the Town and to execute assignments of said
tax liens so sold. Said tax liens to be sold at the
face amount of the lien as bid in by the Town, includ-
ing interest and penalties to the date of sale and costs
of sale, plus interest since the date of sale of not less
than 0%
Counsel stated that he and the Town Clerk had discovered that
through an omission in transcribing the preamble, the resolution here-
tofore adopted by this Board on February 15, 1933, authorizing the
Supervisor to issue Certificates of Indebtedness in the amount of $23,000,
the proceeds of which were to be used in connection with the acquirement
of additional property and rights of way pursuant to the contract between
the Town and the County of Westchester dated January 185, 1933, was not
clear. He recommended that said resolution be amended and presented the
following resolution therefor; which was upon roll call unanimously
approved as follows:
RESOLVED that the resolution heretofore adopted by this
Board on January 15, 1933 authorizing the Supervisor to
issue certificates of indebtedness in the amount of
° 23,000.00 be amended so as to read when amended as
follows :
RESOLVED thereas the following report has been received
from the Server Commissioners of Sewer District Yo. 1 of
the Town of Mamaroneck, viz:
BOARD OF STTIER COMKISSIGITE'RS
Sewer District No. 1
-.._ Town of Idamaroneck,
Edgewood Avenue,
Larchmont, LT. Y.
January 23 , 1933
Town Hoard, Town of Mamaroneck,
Yamaroneck, N. Y.
Gentlemen.
We beg to advise you that in connection with the contract
entered into between the Town of Mamaroneck, this Board and the County of
Westchester, dated January 1% 1933, it will be necessary for this Board
to acquire , pursuant to the terms of said contract, certain additional
lands and easements which will be transferred to the County and to settle
the Dietz matter, through whose property certain of the easements being
transferred to the County run, the cost of which together with the
expenses thereof, will be approximately $23,000.00.
Will you please, therefore, pursuant to the Town Law, immed-
iately authorize the issuance and sale of Certificates of Indebtedness
aggregating this amount, the same to be issued and sold by the Supervisor
from time to time , as payments may become due.
Respectfully yours
BOARD OF SFWFR COIaIISSIO1 FRS
Robert H. Stevens,
RHS :q, Chairman
295
FURTHER RESOLVED that this Board approve of the acquire-
ment of the aforesaid properties on which the Dillon
Park pumping plant No. 2 is now located, together with
easement of ingress and egress thereto and of the acquire-
ment of additional easements and/or the settlement of the
litigation with Hr. Dietz through whose property certain
of the easements being transferred to the Coim ty. runl at
a cost of not to exceed $23,000. , and of the sale and
transfer to the County under the terms and conditions of
the aforesaid contract of such portion of said lands after
acquirement as the County may desire at a consideration
provided for in said contract and of the settlement of
the litigation with the said Dietz;
FURTHER RESOLVED that the Supervisor be and he hereby
is authorized, empowered and directed to issued Certif-
icates of Indebtedness of the Town of Ifbtmaroneck in the
aggregate amount of not (to exceed $23,000. dated as of
such date as the Supervisor shall determine, maturing
not more than sixteen months from the date of said Cert-
ificate or Certificates, bearing interest at a rate of
not exceeding 6% per annum, payable in such manner as
the Supervisor shall determine, and said Certificates of
Indebtedness shall be of such number and t nomination as
the Supervisor shall determine ;
FURTHER RESOLVED that said Certificates of Indebtedness
shall be signed by the Supervisor and sealed with the
corporate seal of said Town and countersigned by the
Town Clerk, and that both principal and interest of said
Certificates of Indebtedness shall be payable in lawful
money of the United States of America at such bank or
banking house as the supervisor shall determine ;
FURTHER RESOLVED that said Certificates of Indebtedness
shall be issued in substantially the same form as the
other_ Sewer Certificates of Indebtedness issued in
connection with Sewer District No. 1 of the Town of
Famaroneck having heretofore been authorized by this
Board and issued by the Supervisor;-
FURTIi R RESOLVED that the Supervisor is hereby authorized
to sell and award said Certificates of Indebtedness for not
less than par at the best rate of interest obtainable, not
exceeding the rate hereinabove specified;
FURTHER RESOLVED that the action of the Supervisor in
heretofore issuing Certificates of Indebtedness of the
Town in the aggregate amount of $65.00. in settlement of
the litigation of the Dietz matter as hereinabove provided
be and the sameik hereby ratified and approved.
The Supervisor advised the Board that pursuant to the author-
ization heretofore given to him and Counsel, he was about to receive an
additional advance from the County of $609000. on account of the contract
between the Town and the County dated January 18th, 1933, for the pur-
chase by the County of certain trunk line sewers of the Town. He stated
--- that these funds would be deposited to the credit of Sewer District No.1
of the Town of Mamaroneck. He further stated that it had been necessary
for him to advance from time to time from the general funds of the Town
to Sewer District No 1 moneys in the excess of the amount of Certific-
ates of Indebtedness heretofore authorized in the amount of $602,000. on
account of Sewer Contract No. 24, which he had been able to sell and
negotiate. He stated that he had received a letter from the Board of
We r C�Rrjissi ners advisin him that the cost of construction of said
on rao o. 2 which the ewer Commission on October 21 1931 arrk� estw
,@
imated at $6000. would exceed the original estimate by approxifnaNe7y
$359000. due to additions and extensions to the contract as originally
contemplated and to the inclusion of sewer work projects under the Wicks
Law.
297
He presented the letter from the Board of Sewer Commissioners
advising the Board of the additional cost and requesting the Board to
authorize the issuance and sale of Certificates of Indebtedness aggreg-
ating the additional sum of 635,000.
Upon motion, duly seconded, it was
RESOLVED, WJHTREASs the following report has been received
--- from the Sewer Commission of Sewer District No. I of the
Town of Mamaroneck.
- - "BOARD Or SEWER COLIMISSIOU RS
Sewer District No. i
Town of Mamaroneck
Edgewood Avenue
'Darchmont, 11. Y.
November 27, 1933
Town Board! Town of Mamaroneck,
Mamaroneck, IT. Y.
Gentlemen:
This Board advised you on October 21, 19319
that in their opinion the costs of construction under
Contract #24 would be approximately $60t000.00. Due to
additional lines constructed under this contract we find
that the cost will exceed the original estimate by
approximately $35,000.00.
Will you please, therefore, pursuant to the Town
Law, immediately authorize the issuance and sale of Certif-
icates of Indebtedness aggregating this amount, the same to
be issued and sold by the Supervisor from time to time as
payments become due under said contract.
Respectfully yours
BOARD OF SEWER COMISSICN7!'RS
Robert H. Stevens
RES:t Chairman"
NOW, THEREFORE, BE IT RESOLVED:
Section 1. To pay the additional estimated cost of the
construction of a part or portion of the sewer system
in Sewer District #1, of the Town of Mamaroneck, to wit,
Contract #24, as enlarged and extended, the Supervisor is
hereby authorized and directed to issue and sell a Certif-
icate or Certificates of Indebtedness of said Towns not
exceeding the maximum principal amount of 835,000.
Section 2. Said Certificate or Certificates of Indebted-
ness shall be payable as to both principal and interest;
shall be in such denomination or denominations, shall bear
such date, and such rate of interest not exceeding six per
centum (6f) per annum, as shall be determined by the Super-
visor upon receipt of bids; shall be numbered consecutively
commencing from the number of the last Certificate of Indebt-
edness of the Town, issued for such purposess, and shall be
in substantially the form set forth in a resolution entitledz
"Resolution determining the form of Certificates of Indebt-
edness issued to pay the cost of the construction of the
Sewer System in Sewer District fl, of the Town of Mamaroneck"
heretofore duly adopted by the Town Board®
299
Section 3. Said Certificate or Certificates of
Indebtedness may be sold by the Supervisor from
time to time as the money may be needed at private
sale for the best terms obtainable, provided that
said Certificate or Certificates of Indebtedness
shall not be sold for less than their par value.
Section 4. Said Certificate or Certificates of Indebt-
edness shall be general and unlimited obligations of
the Town of Mamaroneck: 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 , and unless said Certificate or Certificates of Indebt-
edness are paid or payment provided for, an amount suffic-
ient to pay the principal and interest thereof shall be
included in the annual statement for tax purposes.
The Supervisor further stated that as it had been necessary
for him to advance out of the general funds of the Town from time to
time moneys on account of water extensions heretofore made and as there
were additional bills due and owing which should be paid and that inas-
much as the bond issue of $25,000. heretofore authorized on . t' 7th
1933, had not been sold there were no funds on hand with which to make
payment of said bills or to reimburse the general fund.
He further recommended that inasmuch as the Town Board had
just authorized him to issue a Sewer Certificate of Indebtedness £n
the additional amount of $35,000. he believed it proper for the Board
to authorize him to i_ssue a Sewer Dertificate of Indebtedness of the
Town in the amount of $42,500. against the total authorization for
Contract #24 of $95,000. and to sell said Certificate ta_Sewer District
No. 1, which Sewer District No. 1 could purchase out of the $609000.
- advanced by the County.
He further recommended that the Town Board authorize the
issuance of a water Distribution Certificate of Indebtedness pursuant to
Chapter 654 of the Laws of 1927 ax amended by Chapter 627 of the '.•Laws
of 1929 and to sell said Certificate to Sewer District No. I in the
amount, of $17,500. , which amount so borrowed from Sewer District No. I
was to be represented by a Certificate of Indebtedness to be delivered
and held for the credit of Sevier District No. 1 said funds to be deposited
by the Town in the general fund of the Town to reimburse expenditures
heretofore paid on account of Sewer and/or water extensions.
Upon motion, duly seconded, it was
RESOLVED, that the Supervisor be and he hereby is
authorized, empowered and directed to issue and sell
to Sewer District No. I of the Town of Plamaroneck the
following Certificates of Indebtedness, which Certif-
icates shall be purchased by Sewer District No. I out
of the funds received from the County.-
1. A sewer Certificate of Indebtedness in the amount
of $42,500.
2. A Water Distribution Certificate of Indebtedness in
the amount of $172300. to be issued pursuant to Chapter
654 of the Lavis of 1927 as amended and Chapter 627 of the
- - Laws of 1929.
3. Said Certificates of Indebtedness are to be dated December
7, 1933,, and to mature July 1, 19349 to be payable at the Trust Company
of Larchmont, Larchmont, N. Y. , to bear interest at the rate of not to
exceed 6% per annum, shall be numbered consecutively, commencing from
the number of the last Certificate of Indebtedness of the said Town issued
for such respective purposes and shall be in substantially the form here-
tofore adopted for Certificates of Indebtedness of Sewer District No. 1.
ma
301
Said Certificates of Indebtedness shall be general and unlimited obliga-
tions of the Town and the full faith and credit of the Town are hereby
irrevocably pledged to the punctual payment of the principal and interest
of said Certificates as the same shall become due and unless said Certif-
icates are paid or payment provided for, an amount sufficient to pay the
principal and interest thereof shall be included in the 1934 Budget;
Upon motion, duly seconded, it was
RESOLVED, that the Supervisor be and he hereby is
-- authorized, empowered and directed to purchase said
Certificates of Indebtedness for and on behalf of
Sewer District No. 1 of the Town of Mamaroneck and
to make payment for the purchase of said Certificates
out of the funds received from the County of Westchester
in connection with the sale of the trunk line sewers of
Sewer District No. l;
=TH&R RESOLVED that the Supervisor be and he hereby
is authorized, empowered and directed up-on the purchase
of the aforesaid Certificates to deposit and hold the
same as the property of Sewer District Tao. 1 of the Town
of Mamaroneck;
I
FURTHER RESOLVED, that the Supervisor be and he hereby
is authorized, empowered and directed to deposit the
proceeds of sale of said Certificates of Indebtedness in
the general fund of the Town for the purpose of reimbursing
the general fund for the amounts heretofore advanced by him
out of the general fund on account of Sewer District No. 1
and on account of Water extensions heretofore made and bills
owing therefor.
At 11:50 A. H. 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