HomeMy WebLinkAbout1934_12_26 Town Board Minutes Z-
SPECIAL =TIZtG OF T1712 TOMT BOARD
TON OF ARGY CK, NEW YORK
HELD DE'CMT1BFR 26, 1934
At the Town Offices, 118 Vilest Boston Post Road, Ilaraaroneck, i?evr York.
The meeting was called to order by Supervisor 1•-1cCulloch at
2:50 P. M.
Present : Supervisor T.IcCulloch
Councilmen Bates , Brennan, IIeginniss.
Absent : Councilman Griffin.
The presence ,aas also noted of Town Clerk 11arvin, To7an Attorney
Delius and Yr. Silas S. Clark, Special Counsel.
Mr. Joseph i?e-rcadantE , president of 1laple Gardens , Inc. , and
1,1ra Ja Lester Albertson , his attorney , addressed the Board in reference
to the cla:_"1 Of Hr. He'roadante for the refund to '.riim Of the s y-1 Of %12,000.
1:2eretofore paid by him to the Torn,, in accordance with on agreement dated
July 28, 1927.
j2-,r.. 31`ercadante thereupon submitted a verified claim in the amount
of ;209950.009 reprssentrng '1'18,000. 00 face amount of the original sum
plus :07 ,950. 00,, being the interest on that amount at six _pEr Cent fi"G'1
'ic;;_"ust lo, 1927, the date of vile original 'payment , to December 28, 1934.
He also si omitted. a claim in the ar cuo-it of `i 582.w3, representing
',pay
raeilts made to the Receiver of TaX_es 'py 1'7r, Yercadante , vrhich ;payiner.ts
crere not credited as against taxes oving from 1=r. Hercadante.
11r, Al'OertsOn or isented three verified. affidavits in connection
wit", the matter of 'he $18,000.00 claim setting forth 1rir. Irlercadante 's
position. TG cse affidavits were signed Fpy ITr. LTercadante himself, by
11Ir. Fran', Li. Gagliardi , special counsel to the Toni of Karlareneck in con-
nection v,i th that proceed-ing, and by Lir,. George W. Burton, Supervis Or Of
the Tov,,n of Kta,, aroneck at 'he tiriE the i,ayrraent by 1'.r, 1dercadantc Look place..
The affidavits were read by the Clerk and ordered spread on the minutes in
full, to grit a
in re ; Jose-oh llercadante
Ka-,Die Gardens , Inc.
STATE Qv YYJ YORK
.SS e
C07=f OF 'i7TSTCTZTS`I
JOSEPH 1TTRCA0, T , being duly sworn, deposes and says o
1. I 'reside at Villa Dante-, on tr'eaver Street, in t'a.e Toni of
Kamaroneck, County of ',Vestchestcr and State of 171e-rr York, and I a i the
President of Ti,-aple Gardens , Inc.
2. In the month of July„ 1927, lv?aple Gardens , Inc. , owned
considerable prcperty in the 11aple Hill Subdivision, and I personally
oTxrncd a large amount of land lying directly to the north of Kaple Gardens,
Inc. ;pro-ocrties,
3. Prior to July, 1977 , I h,.d eclstructed through the 1- aple
Gardens, Inc. p o-certy a t:renty-four (2/1 ") inch drain to take care of the
brook and surf a.ce craters through that subdivision. In the month of June ,
1927 there eras a severe cloudburst va'nich caused several portions of the
-property, ik"! this locality to become flooded, lV drain vTas :inad.er;uate to
take care of its OTTI requirements as vcEl1 as the surface vrater coming doVJn
I the north of my oi!n1 -pro-perty and the pro-pert-,,T of I'�:a'_Ols Gardens , Inc,
4. In Ju1-7, 1927, 17as aarroached at a conference in ray. home
`r 1.'lr. i'`rank iii, Gagliardi and 1'lir, George 'Durt n, re-Dresentinfz the To-,,,1 of
Hamaroneck, in regard to a oro-_posed Storm., 7,ater drain the T07-n ?Tas
149
co -01atin�g con5truc ti_ng Du'^' -n c- this cot'ferenCe 1 1725 to'ld�. the
10':'r"'i con+ nnla"i,ed 'JLL1ldi ng a 'drain and aSS^cSSlYig tnc COSt UI;,On the
abuttling iJPO JEr+y Owners b?? creating a special -raillage a-'ra and 7iyr
w..; ",J Er 1iss .on -ias 2s�ied. t0 allc?-d the Tovi-n to go tl`!TO17.?h 'he I: a-AJ 1E Gardens ,
Inc. _ore-perty through +lie general course followed by the drain which I
had previously constructed. I also informed that the assessment
and cost lrould be heavy. Relying upon the statements made by Yr.
Gagliardi and 1.1r, Bunton that the To':^rn. contemplated assessing the im-
--ro cments u_JOn the ')rope.by onmers and at their suggesti o-n I agreed. to
pay the sun of Eighteen Thousand (0-18,000> ) Dollars in cash and wive
the Town a perpetual easement through the TLa-ole Gardens , Inc, sub
sion as well as the use of any concrete pipe that they might need al-
ready in -places T`"ra 3u-rton and .. Gaglia-rdi agreed twat if I 1F.oa_d
do this that I would be freed from any further tax or assessment for
the cost of the irn?:'rovemento. I also relied u-JOn i„=ro Burton' s statement
that if the improvement r-,ias not put through in the manner contemplated
_+
r ight be necessary to bring condemnation- roceedings or else change
- the course of the drain which -Tonld add, to the cost Of the irproverae-nt ,
and, therefore , increase my share of the assessments. Thereafter an
agreement was dra:.-rn up which 1.-ras duly executed. I ?cunediately bent to
mT' bar::.{, The Erilp].Tc Trust v0rn-�canyg and bOr'_^o1','ed -7ighteen Thousand
(q,, 18,000® ) Dollars and turned it over to the To-rn. I also executed a
deed for a perpetual easement through the property. STot until 1934
did I learn that the Tmrrr. had not created a Special drainage area to
pay for the same but had "baid ?or it by issuing bonds nrhich are now
being paid by the entire ixinincorporated section of t°ne Town. I axe
convinced that it was a mere oversight on the part of the Town officials
in not advising me of changing the elan of financing.. The change of
financing the improvement has resulted. in damage t0 me because if I had-
no t paid the -�18,OOOa or given the Tovni an easement my pro--porti.onate
share of the total cost -:vould not have been in excess of a�1500. and in
addition thereto 1 have been entitled to the reasonable value of
the easement.
5, I have read the affidavits or Mr. Gagliardi and Tiro Burton ,
sworn to December 1.2th and December 20th res-oectively and they state ,
in substance , my understanding of the agreement made at the times
6. It 712S :ny understanding that by _paying the ,318,000, and
giving the Tm7n an easement I should be free of any further assessment
and might possibly be saving something thereby, and the To-m vrould
receive the adva.n't2ge of having immediate Cash, for starting the im-
orovement, and obtain all CC-2Sement t;,,ithout expending any moneys.
,S�^orn to 'before me this
22nd- day of December, 1934. (Signed.)
I,oretta V. Fletcher Jose=oh Hercadante
Notary public
destchester County, Ye-, yorka
In re : Jose7D.- Hercadante -
Ka-ole Gardens , Inc .
S TAT-31 OP :Tw YORK )
SSk
C0MYTY Oil VJESTC,r '+ ST-TR
F'RAUE: Die GAGLIARDI, being duly sworn, says :
lm I reside at 207 Larchreont Avenue , Larchmont, and
am an attorney and counsellor at law viith offices in the City of White
Plains , in the County of Westchester, and State of ITe,-J Ycrke
2> From 1921 +o December 31; 1933 , at various times , I acted.
as Special Counsel to the Town of Iamaroneck in Connection vrith various
matters in ':?highs the Services of an attorney V,,ere reouireda As such
151.
Special Counsels ; I-handled allegal matters relating to the establish-
rlent of certain special districts in said torna and the construction of
the im-o-rovements therein. I- acted as S-pecial Counsel in the -Droceed--
;_-n, relating to the establishment of the To;vn Park District, the -our-
chase of certain aarcels of land therein, the beautification thereof,
and the sale of the bonds to meet the cost of said improvement - the
establis'P,rnent of 'heaver 'Street Sideiralk District and the construction of
the sidewalks the-reiriw I also acted. as Special Counsel in the prcceed-
ing relating to the construction of certain streets in the Iiaple Hill
- - Subdivision, the cost of T!'-)ich eras assessed against the abutting pro-
.perty;, in the manner p°ovided 'oy Chanter 549 of the Larara of 1925 , as
amended. I also acted as Special Counsel in many other matters which
were referred to me frorz time to time by the Town Board .
3. In the year 1927 , I was engaged bs Supervisor Burton,
acting on behalf of the To-m Board, to attend to all legal -Flatters
relating to the construction of a drainage system through the ISaple
Hill Subdivision. This improvement had for its pur-oose , the drainage
of a certain area comprising substantially that portion of the -I'7oods
of Larchmont which slopes toward_ lu-rray Avenue , north of Iap1E A77enue ,
on the west ; Forest .Avenue on the north, '9e2ver Street on the east,
and the 1Te'.' aven Railroad propert7T on the southm The main storm vrater
drain pipe -ran , as I recall it, from No-cth Chatsworth Avenue in a
general southerly direction through Bryson Street , thence across I' rray
.AvenuE and Roosevelt Street ( east of llurray ,,avenue ) , th-fough T;._,aple Sill
Subdivision across Hillcrc-st Road and Edgevrood Avenue to Kyrtle Avenue ,
thence westerly along and parallel with L_yrtle Avenue , for_ a considerable
distance , and finally southeast to the 1.7ew Haven Railroad tracks.
A. I eras present at a number of conferences Su-aervisor
Burton had t'n Iir® Joee, l Hercadante , and took active -cart in their
negotiations ,rich culminated in the Town securing from hr: I-iercadante
anc. Ya-,?le Gardens, Inc . , ?vithout cost to the To7-r_ a permanent easement
into a Strip of land- about tell feet 'T-ci.e , rur.r.,ing through the 1°_a'lls Hill
Su:odivisior Ertcn..:rrg from the southerly side of Roosevelt Street to the
1ortr,e_ly side of Hillorest Road, and the stua o 318,000,.00 in addition
thereto. I+ihile these neg,otiations were under way, Supervisor Burton,
as I recall it, had under consideration the establishment of three
drai";'la.ge areas or districts within the To'a!n, vrith a view' to draining
sveternetically and adeo_u.ately most of the unincorporated section of the
Torn, excluding, ho7, ever, Dillon Park, One of the districts was to
include the �restern part of the Town and drain into the s-'ii'lebrook -region -
anotner district was to drain the- central portion of the Tovm, vTest of
J-1aver Street, and was to include *within its area the ISaple Hill Sub-
division ° the third. district r-ras to drain into the Sheldra'-e River and
vras intended to include the -cortion of the Tovm 'rrhicl. lies east of
rj1eaver Streetgi This°- is a rough outline of the three areas as conceived
by the Supervisors and, of course , were subject to such changes as the
engineer deemed necessary on account of topographical and other physical
conditioins.
5m In his negotiations , 7ihile I was -Jresent, Su)ervisor
Burton stated, to Ter. Hercadante that his plans called for the establish-
ment of a drainage area or district, and for the assessment of the
cost of const'°ucting the storm water drainage system against the pro-
perty within such area ° that the sun of X18,000, 00 , which ryas to be
paid by him or by his Company , or beth, to the Tov , would be applied
in full payment of their share of the cost of constructing such drain-
age system, and that their oroperty located within the drainage district
(proposed to be esta.'nlishEd) would. be EYEmnt from any purthEr taxation
or assessment - in connection with the said Lcycrovementn The balance of
the cost of such irapros le--fit , SL.'_De^visor 3=-° .on stated, vrould be
assessed against the remaining lands *uit.hin such area, and that, in his
opinion , this arrangement, if carried out in the manner, above indicated.,
-Tould be advantageous for LIr, Yereadante and his Company.
6. When the negotiations were completed_, I prepared end.
had executed by the Torn and �.,rir Yercadante and/or T�Iople Gardens , Inc 11
an agreement in which were embodied the ber-ms above mentioned, _To
mention, ho-Tever, was made therein regarding the establishment of the
d0r2ina-ge district, ?"hi_ch was then con tem-,Dlateed and t0 vhich 1. r. Burton
153
referred in his negotiations with Mr. Hercadante. This omission was
manifestly due to an oversight on my jart. I Was novel instructed by
the SU7eW7iS0r or by the Town Board to establish 2 drain2Es district and
no proceedings were ever conducted by me looking toward the establish-
ment of any such district, Of course , as Special Counsel, I never had,
or assumed any authority to act in any matter whatsoever, Without first
being employed and svecifically authorized by the Too c Board,
(signed)
Sworn to befor e me , this Frank H. Gagliardi
l2th day of December, 1934,
M. 1. Kclimons
Notary Public , Westchester County.
I n r a s J o a c ,,c h ITerca,d.anta_
Ha7ls Gardens , Inc.
STAT7 OF Y7W Y02Z
CC,Tj7jT7f C-7 U77STCH7ST •R
GOO= 7. 3URTOY, being duly sworn , deposes and says, in
accordance with his best recollection and belief,
1, I resile at 34 70 gewsod Road, in the Town of Kamaronech,
County of Westchester and State of Few Yoph.
2. Fron 1221 down to December 31, 1933, 1 was the duly
elected Suos=iscr of the Town of Mamaroneck, County of Westchester
and State of New Yorl.
3. in the year 192? there was under consideration by the
Town Board, and the Health Board of the Town of Mamaroneck, several
projects to improve the drainage system throughout the unincorporated
part of the TmTrn, One of these projects had for its purpose the
drainage of a certain area comprising substantially that portion of the
7cods of Larchmont which slopes toward Murray Avenue , north of Maple
Avenue , on the Test, Forest Avenue on the north, leaver Street on the
east, end t 1 New Haven Railroad property on the south. The then snist-
ing storm water drains and the principal one was from the section around
n
Gle and Chsts7orth Avenues, the other from Ch; tsworth and Bryson Avenue ,
both converging at a point east of Murray Avenue lsadimZ tic storm Tatar
thence into a new drain proposed by the Village of Larchmont from the
railroad property southerly to Long island sound.
0 in the early Dart of Tune, 1927 , there was considerable
trouble with draining the surface water through the above mentioned
area. At that time there = through the property of lopeoh hercadante
and the Thole Gardens, Inc, 7n, as the Topic Hill Sabdi ision' a
brook and through this brook Hr. Hercadante and Gardens , Inc. ,
had jartTy constructed a t7enty-four inch (20 ) drain to tans care of
the brool and the drainage of the brook for the Maple Hill S01DVL7iSiCn�
"his drain was inadecuate to take care of all of the surface Teter in
that area and also Ve surface waters from the part of the To-,irn 1-inc-
to the Test and north of this subdivision. in the summer of 10? it
became necessary for the To-R1 to construct a thirty-nine inch On ";
?rain through this area.
5. In order to g et this drainage area under wy a an! to
construct the drain it was necessary to have the Town accuire a ten
foot (1011 ease vent through the property of Toseph Mcrcadante and TaZie-
Gardens , Inc. Sometime in the month of Tuly , 1 cannot recall the Aact
date , in company Nith Mr. Frank Ti:, Gagliardi , who was acting as Spscial
Counsel for the Town at that time , and also in company with Hr. Cole ,
1 called uDon Mr. HercedartE at his hoze and outlined the situation to
him. Vannuch as Mr. Hercadante 's property and the Maole Gardens , Inc.
15 5
subdivision covered a large area I informed him th&t if the drain 'fivers.
put through and an assessment levied their nrcyortionate share would he
c_uite large and that if we could not go through their property 7a would
either have to condemn an easement on else run the drain through Murray
Avenue to the west of their property which 7ould add con8ider2h!7 to the
cost of the impro-venisnt. We told him at that time that -a contemplated
assessing the abutting property owners for the cost of the improvement.
We also stated that the Town was in need of funds to start the 7ork
7hich should be done at once because of an emergency created by excet-
tional17 heavy rains. After negotiating with Mr. Yercadante sometime
7e agreed that if he would pay 7ighteen Thousand (08, 40A Dollars in
cash, remove from the trench all of the t7enty-four inch (04" ) concrete
pipe laid by him and give the same to the Town for its use in laying
other portions of the contemplated drain, ( this drain vine had an esti-
mated value of annyoninatEll 35, 000. ) , and give us a perpetual easement
through a ten foh (10 ' ) strip over his property that he would not haveto
bear any further assessment or tax for the improvement an the properties,
title of which still remained in the name of Joseph MsTcadante or Maple
Gardens , Inc. Subsequently an agreement Pas drawn UP , the money _paid,
concrete pipe made available for the use of the Torn and an easement
given to the To-n and the drain was completed. At that time Tee had in
mind of establishing a special drainage assessment area pursuant to the
Toirm La,nr and distributing the cost of the improvement against the pro-
pert; o...ners within that area ,
5. Thereafter the olan of creating a special drainage area
was abandoned and the cost of the improvement , less the Q18,000a paid
by Hr. hercadante , was paid for by a special bond issue 7hich become a
general charge against the entire unincoroorats? oait of the Town of
hamyronech�
7� I have read the affidavit of Frann Y� Gagliardi s7orn
to December 12, 1934 , and the Notts stated therein coincide substan-
tially Vitt my recollection of the transaction.
Sworn to before me this
20th day of December, 1934. (signed)
Ethelyn? 1. Crane George W. Burton
Fotar7 Public
Westchester County , Yew York.
Town Attorney Delius stated that he had investigate? the
matter and had found the follo7ing-�
That the Town received the check for YlBsOOO> as stated in
Yr. Yercadante 's claim an? deposited it to the credit of the To no that
the amount of 0118,000 was angarently used by the Town for the drainage
improvement referred to7 that it Pas not included in a bond issue auth-
orfz& and cold for drainage improvement nu poses in SEptember, 1930 ,
7hich bond issue lore interest at the rate of A 1/2% yen annum�
That an agreement was made on July 23, 1927 , between Maple
Gardens , Inc. , The AmpiTe Trust Convany and the To7n of hamaroneck, pro-
viding that if the sum of II850on proved. insufficient to pay the cost
of constructing the drain , it was agreed that no tax on assessment for
any deficiency should be imposed or levied against any property 0-,TrneC_ by
Yaple Gardens, Inc. or Joseph Heroadante , it being understood that the
318, 000, Should be applied in full as their share of the cost chargeable
to staple Gardens , Inc. or Joseph Mercadante3 that the improvement was
actually assessed against the property in the Town outside of the incor-
norate? villages and amounted to less than 1900 an against the propertL7
of Maple Gardens , Inc , or Joseph HeTcadante,
The Town Attorney recommended that, as the affidavits prima
facie established a right of recovery, the claim should receive favor-
able consideration.
Has Albertson presented a statement of all the unpaid tames
and assessments a7ing on the Property of haple Gardens, Inc. or Joseph
wercadente , including penalties and interest computed no to December 26 ,
1934; in the total sum of $600621.47. On behalf 0 f Mra I"crcadante ,
157
taxe s a-,ridl S-p e a ia l a,s s e-s sr�r,In ts , ar,C! a,I I
11ra 17-,Dsrtsojj agreed, that these
-T,�a u 1d, b° -o a id by h il S e yj t "6n
7 S i T)1 tu a,n e ously
e-t i-a d interest ,
h e r a c c i-)t by In J_-, client a f the s um of 5,950a 00 f r orl the T 07 Fn in
17&-,Trient of his client IS clai'M in thFt ariount and also -payI_ient by the
I o-n of his client IS cle,Llm in the a-firiount of c,;582. 23.
The To-,-"n Board. after Cone ide rabl,e dis(-Us 51 011 P_yYeed ,,-Tith
fr. .117bertsor that the To-,-,r. should -,)&,y interest on the sizn o ?18, 0
from Augu_sU 139 -G,2 / +a December 2C , 1 9-4 , -L,,j accordance iT- U
h the claim
but -1 interest
L_'r. 11-Ircad.an" r U -
o- U' , objected. to I-ercadante 'a claim or ai
rE +e of six: -oer cent ( 6%) lar. Hero dame finally agreed to acce-ot four
ayid ane-hall -re.- cent (4 1125o1 , being- the rate of interest borne b r the
( 318,000, original amount -.31-us
bonds , thus ala
his cli
5 ,S 55 2. 50 uj�
t
11r, Albertson farther afire Ed, to deliver to the TC)77:l a -general
release e-.1ECU, ec). Y IS Gardens,� �7 H.-o- Inc. Joseph 17eroaaal.-te and The
u i
Em-)i_re Trust Company, in connection 7,fitlln the Claire in. the amo -nt of
_123 . 95250 and also a general release executed by llaule Gardens , Inc.
an(', loge-oh he road ante in connection with the claim of sp582�23
vZtsr further discussion, u.-poii motion of 1,.-r. Bates , seconded
b-7 DTTT. Brennan, it 77as roll call unanimously
R'HSODIED. 71,=TRYAS4 lEa-ole Gardens Inc. , has -oresented a
claim for the Simi of -oursuant to an alleged
aI:,reeracmt set forth in certain affidavit's of Joseph
Hercadante , verified. DeceIn'ber 22 . 1934 , Kira: is K.
v * -i ed December 1: , 1234 , and. George 77. Burton, ve-2_1 f i a 0-
er-Li
De cembe r 20 , 1931, with interest at the rat-, Of __,)er
2-n-n-om on said amount fr= the 13th da-1, of �'.ugust.. 1027 ,
t',,�e date te on wb i c!-I -Ja-,T'f(js n t of said :1)'1 8, 0 00� 00) ';as lade t0
the To7!-n of 15amaToi,aecl, to Deceraber 28, 19-54 , amounting in
all to the sum of 1')23, 962. 50 !
1,VH7.:UTAS, Jose-Dh Kcrcadante has subriittcc? 2 clairla -for a
tn`al of X58 2. 2 r e-- r a s e n t i ng -D a 7 T
m e I t s made t o the R e C e i v
)f Taxes as more -,DaTticularly a�-�-ears from said, clain,
-p a,Tin c n
-ni ch. -nts -!eye not credited as against taxes o,-ri g
from Jose-oh 1a ercada-ate ? and
IiR,711So the To-,,"^ of 11_araaronec1, no,.-,, o?,,Fns certain transfers
Of tam lie!-IS 127,07-a prCT3srt;w maned, 707 1.7a--)Ie Gardens , Inc.
and JoselDh 17ercadante , and there are ixrioaid certain taxes
and/or special assessments levied in the year 7-934 againe't,
_Dle d-ens Inc. oh He
oro-,)erty o�ned �a_ Gar -en _c. and Jose -rcad-ant c
ITCU,V, TH7�7`021_75 B7 IT
R7,SOL771D, that the claim of Ha-r)lc Gardens Inc, in thel. suin
Of 1.n, -ph Yercadante for $582. 23
-P�_, 962. 50 and the claim of JTose-
b
be F,11 mTTe d. only on C a 1_,d_ t 4 0 n of their -D2-qir-g simultaneously
payment by the Town P-11 tax liens o7rned b the
I T
the .1
Totvn, of Lmon the pro-oert-IT 07fned by 1j1a--,)le Gard a n s
Inc, end. Jose-Dh 1,,erc2d_2nte and all- taxes and assessments
for the year 1934 due from li-a-cle Gardens Inc. and- Jose-nh_
11crcod-ante ;,Tith the excel)tion of the ToTTn and School taxes
on -Dro-aerty l�jo�aFj-j as Section 1, Blocl= 37A, for the -ITC-'ar
1934. -,vhich said taxes shall be paid ITT 4 th the usual interest
and penalties on or before the 1st ,12- of April , 1935 ° and
be it
FURT=R R77SOI_777D, that the Receiver of Taxes is authori7ed
to issue receipts and/or assignments of tax lien for any
of the above to-7 liens ayid/or taxes and assessments -caid
by Joseoh hercadante and/or 1�a_p le Gardens Inca pursuant
to these resolutions,
1:.r. !Jera.ad-ente and 7.7r,, A210ertson thereu.-Don th2nhed- the 3oard
for its action and ,ithd.re-L,-,i from the rneetl'11,1ga
lur. Leonard H. DavidOW addressed the Board in reference to
certain taxes un-,Loaid on !-)iopert�, owned, by Kohanna Inca Situated on
Blosson- Terrace , described on the assessment rolls as Lots 9 to 14
j- -I,
inclusive P,-.rjd� Lots 21, 22 and �7 in 8100],- 11, Lots 1, 2, 5 and 6 in
Block 12 and Late 1 t-C 17 inclusive in "Block 13, all lying C, -n
0
g 4_� 11 It
1
After discussion it ?ras =on motion by 1-1r, 11eginniss ,
seconded by Hr. Bates , unanimously
yCi,sOLVID, 51fL?4biS, I;T.ca ?eonard hm David.ow has a-?_peared.
before this Board and has discussed Rrith this Board the
mattsr of certain taxes unpa.-d. on Lots 9 to 14 inclusive
and Lots 21, 2`2 and 23 in Block 11; Lots 1, 2, 5 and 6
in Block 12 and Lots 1 to 17 inclusive in Blocs 13 , all
Tying in Section 4°
r?flag 'Try. 'FDR-T, B-T IT
R-T1zDL7TTD, that, in vieia of the very unusual circumstances,
this Board do and it hereby does agree to accept the surn
o7 352, 710. 26 in full settlement of all taxes due and
-gavable on the aforementioned lots for the years 1931,
1932; 1933 and 1934 consisting of the sum of • 713®29 in
' full payment of the 1934 State , county, '1o�,an and District
taxes and penalties thereon to date and the 1934 School
tares and penalties thereon to date , and also the sum of
X1, 996>97> being the face amount of the tax liens held
Toy tlhc Tot'un on the above described =aroperties for the
taxes of the years 19319 1932 and 1933 .° on the condition ,
horrevcr , that Lir. Da.vidn pay to the TO'71'1 of 11amarorecic
the aforesaid sum of , 2 , 710® 36 on or before Decercoer 319
1934, and in the event of his failure to do so this
resolution. Without any further action by this Board there-
upon becomes null and void and of no effect®
Ifr, DavidoGl thereu.00n tha.nlced the Board for the attention
it had given to his reoueste
At 5 :50 Po IhTm the Board tunanimously resolved to adjourn
to iaeet again on ]�Ixiday, December 28, 1934, at 10 .00 Ae L1. in corn-
-oliance -ith the orovisions of _rticic 62 of the ic.rn Lai;-,,
�Tov�-n Clerk