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HomeMy WebLinkAbout1936_01_29 Town Board Minutes 265 SPECIAL MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, N. Y. HELD JANUARY 29, 1936 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y. The meeting was called to order by Supervisor McCulloch at 8:10 P. M. Presents Supervisor McCulloch Councilmen Bates, Brennan, Griffin Absent: Councilman Meginniss. The presence was also noted of Town Clerk Marvin, Town Attorney Delius and Assessor Smith. The regular order of business was suspended in order to hear those persons present who desired to address the Board. Mr. Thomas B. Sutton addressed the Board concerning the matter of taxes on property known as Section 6, Block 88, Lots 5B and 6A, owned by Miss Mae Cuce, which matter had been discussed by the Board at its meeting on December 18, 1935. After discussion the matter was by resolution unanimously referred with power to a committee consisting of the Supervisor, Councilmen Bates and Griffin, the Town Attorney and the Town Assessor. Chief LeVino and Warden Thomas D. Benrimo of the Town of Mamaroneck Fire Department appeared before the Board. The Fire Chief stated that the members of the Fire Department at their own expense had purchased a Ford truck and had equipped it as a flood light truck for the use of the Fire Department; the only expense to the Town being the sum of `h400, for part of the emn_n _-nt installed on the truck. The present replacement value of the apparatus, he said, is about $2500. Practically all of the work in connection with preparing and equipping A ti the members of the Department. t this me the truck had been done b e p , y he continued, the Department was desirous of donating this truck to the Town as an additional piece of apparatus to assist in the work of the Department. The Board thereupon recessed to witness a demonstration of the flood lighting by this piece of apparatus of the County Sanitary Sewer building across the street from the Town Offices. The members of the Board commented on the extreme brilliance of the lights cast upon the building and the value such a piece of apparatus would be to the Department in its fire extinguishing activities. The Board thereupon resumed its deliberations. On behalf of the Board the Supervisor replied to the remarks of presentation by the Fire Chief. He requested him to express to the Department how very much impressed the Town Board was by the demonstration it had just witnessed and to state that the Board appreciated the large amount of hard work that had been accomplished by the Department in outfitting the truck and to thank the Department most sincerely for the very splendid gift and the public-spirited sentiment which actuated it. The Supervisor also requested the Fire Chief to extend the congratulations of the Board to the newly elected officers of the — Department. The regular order of business was resumed. A letter dated January 23, 1936, was received from the Association of Towns of the State of New York giving notice that the fourth annual meeting of the Association will be held in Albany on February 26th and 27th and requesting that the Town Board designate a representative of the Town to cast the vote of the Town at the meeting. P-67 K WHEREAS. application has been made to the Town Board of the Town of Mamaroneck by the New York and Stamford Railway Company for consent to the continued operation of buses or motor vehicles in place of and substitution for cars over the said route beyond the said term of ten years, and 'JHEREAS' after due notice Public Hearings were held on said application by the Town Board of the Town of Mama- - raneck on the 20th day of b'.ovember, 1935, at 8 o" clock in the evening, NO'Ar, THEREFORE, BE IT RESOLVED, That the Town Board of the Town of !Mamaroneck, pursuant to the provisions of Sections 66 and 67 of the Trans^ortation Corporations Law, does hereby approve and consent as follows, 1. That the New York and Stamford Railway Company may Operate buses or motor vehicles in place of and substitution for cars on the following '_portion of its route within the Town of Mamaroneck, to wit: From the westerly boundary line between the Town of Mamaroneck and the Village of Larchmont, on Palmer Avenue, thence easterl-V along Palmer Avenue to the easterly boundary line of the Town of Mamaroneck and the Village of Mamaroneck, re- turning via the same route. Approximate distance .'7 mile. The same being part of a through route operated between New Rochelle and Stamford, CoM. , via. the Town of Mamaroneck. Section 2m The New York and Stamford Railway Company is he'reb7 authorized to continue the actual operation of buses and motor vehicles for transporta.tion of passengers and the property carried by such passengers over such route, above described., by the Cot7.ty Transportation Com- pany, Inca under the existing operating agreement between the New York and Stamford Railway Company and County Transportation Company, Inc. , such operation to be sub- lect to the applicable operating terms and conditions contained in the consent of even date herewith granted by the Town of lllamaroneck to the County Transportation Company, Inc. by resolution of this Board.; and the pa-7ment of compensation to the Town for the right to maintain and ooera.te said route shall be as provided in the franchises heretofore granted the New York and Stamford Railway Company by the Town of Iviamaroneck, viz- $100. per annum, BE IT FURTHER RESOLVED that this consent shall remain operative only so long as said buses shall continue to be operated upon the aforesaid route in accordance with the terms and conditions of said consent, BE IT FTIRTHER. RESOLVED that this consent shall be held and en oved. for the term of twenty (20) years from the date of the expiration of the present consent on Jdly 6, 1937, and at the end of such period this consent shall cease and determine unless it shall_ sooner cease and determine as provided in the franchises heretofore granted to the New York and ,Stamford Railwa? Company or as herein provided. BE IT FURTHER RESOLVED that as a.. condition to this consent the New York and Stamford Railway Companv shall on reasonable notice from the Tovm a.nd- a.t the Com'pany' s own expense remove from Palmer Avenue all rails and fastenings formerly used by trolley cars operated_ by 267 L the said Company or, at the option of the Town, the Town may remove such rails and fastenings and the said rails and fastenings shall thereupon became the pro- perty of the Town. BE IT FURTHER RESOLVED that this consent shall not in any way abrogate or modify the respective rights as now exist in the franchises heretofore granted the New York and Stamford Railway Company, all rights of the New York and Stamford Railway Company and the Town of Mamaroneck remaining in full force and effect, except as herein specificalV provided, BE IT FURTHER RESOLVED that this consent shall not in any way abrogate or modify the respective rights as now exist in the franchise heretofore granted the New York and Stamford Railway Company as successor of the Larchmont Horse Railway Company and./or the modi- fication thereof as contained in resolution of the Town Board of the Town of Mamaroneck adopted July 6, 1527, consenting to the operation of motor buses or motor vehicles in place and substitution for street cars, all rights of the New York and Stamford Railway Company and the Town of Mamaroneck remaining in full force and effect except as herein specifically pro- vided, FURTHER RESOLVED that nothing in this consent shall ',e deemedto grant or authorize any exclusive right to operate buses on the route described herein,. FURTHER RESOLVED that this Consent shall not become operative unless and until the New York and Stamford Railway Company shall have obtained the consent of the Village of Fort Chester, the Village and Town of Rye, the Village of .Harrison, the Village of Mamaroneck and the Village of Larchmont, to the operation of buses or motor vehicles upon the through route of said New York and Stamford. Railway Company from New Rochelle to Stamford. zu The Town Attorney reported on the request of the Title & Mortgage Company of Westchester County for the cancellation of taxes on property known as Section 1, Block 25, Lots 49B, 50 and 51, which matter had been referred to him at the meeting on January 20, 1936. The Company stated that the record of tax arrears shows that liens for the taxes of certain years affecting property described as Section 1, Block 25, Lot 50, had been sold to certain persons and that the record was in error because these tax liens in effect were against property described as Section 6, Block 10D. Assessor Smith stated to the Board that the contention of the Title and Mortgage Company was correct and that the record of tax arrears was in error in this respect. He recommended that the sale of tax liens shown as against Section 1, Block 25, Lot 50, be cancelled and that these taxes be shown as open against Section 6, Block 10D. m On motion by Mr. Bates, seconded by Mr. Griffin, it was unanimously RESOLVED, WHEREAS, Assessor Smith has stated to this Board that the record of tax arrears shows that liens for the taxes of the years 1882, sale of 1883, and 1891, sale of 1892, were sold to certain persons and said records are erroneous; and WHEREAS, Assessor Smith has stated to this Board that these taxes should be shown. against Section 6, Block IOD; N0+P1, THEREFORE, BE IT RESOLVED, that the Receiver of Taxes be and he hereby is directed to cancel the record of tax arrears with regard to Section 1, Block 25, Lot 50, and to show these taxes as open against Section 6, Block_ IUD. - A letter dated January 27, 1936, was received from the County Engineer- notifying the Town Board and the Town Superintendent of Highways that the annual public meeting regarding various phases of highway and bridge work as required by Section 15, Subdivision 13 of the Highway Law, would be held on February 6, 1936, in White Plains. The letter was ordered filed and the Supervisor urged all members of the Board who could do so to attend. The Clerk stated that he had received a letter dated January 25, 1936, from Edward A. Keeler, in charge of Town insurance affairs, to the effect that Mr. Keeler had examined the insurance coverage and the surety bonds in connection with the garbage contract for the year 1936 and that the insurance and surety bond requirements had been satisfactorily met by the contractors. The Clerk thereupon re- commended that the Board direct him to return to the contractors their bid check in the amount of $500 which had been posted by them when they submitted their bid. On motion by Mr. Brennan, seconded by Pair. Bates, it was unanimously RESOLVED, that the Town Clerk be and he hereby is directed to return to the garbage contractors their bid check in the amount of $500 posted by them at the time of submitting their bid. The Board discussed the matter of the request of the Larch- mont-Mamaroneck Humane Society, Inc. that the Town provide them with a site for the erection of an animal shelter and took no definite action thereon. 26`? J the manner following: The Town shall appoint one arbitrator and the Company shall appoint one arbitrator. Such appointment shall be in writing. The party to this consent request- ing the arbitration shall appoint its arbitrator and give notice in writing to the other party of such appoint- ment, and the other pasty shall, within ten days from the receipt of such notice, appoint its arbitrator and give such like notice in writing to the other party. Either party refusing to appoint an arbitrator as above provided shall be deemed to have abandoned the dispute and the same shall be decided in favor of the other party. If the two arbitrators so appointed cannot agree within fifteen days from the date of the appointment of the second arbitrator then a third arbitrator shall be appointed by a justice of the Supreme Court of the Ninth Judicial District on the motion of either oartr and iznon five days notice to the other party of the intention to apply for such appointment. The decision of any two of the three arbitrators shall be the decision of the three arbitrators. Such decision shall be made in writin • and shall be served upon the Torn and the Company. The yex- pense of the arbitration shall be borne by the party against which the disa_ ute is decided, or as the arbi- trators may decide. T7'TRT7-F'TRST: ACCEPTANCE OF TERMS AND CONDITIONS OF' CONSENT- The Company promises, covenants and agrees on its part and behalf to conform to and abide by and perform all of the terms, conditions and requirements in this consent fixed and contained, and the Compar_y hereby expressly waives any and all objections as to the reasonableness or leralitjr of any of the provisions of this consent or any part thereof or as to any legal right or authority of the Tom to impose any terms and conditions herein contained, and the Company will not at any future tine set up as against the Town the claim that any of the provisions of this consent are ultra vices„ unreasonable or void. Nothing in this consent contained shall be construed to require the Company to do any act or omit to do any act in violation of any law drord.er of a public body upon which powers or regulations over the affairs of motor bus or omnibus companies may a' the present or hereafter be conferred by the laws of the State of New York, If it should hereafter be adjudicated, however, that any of the pro- visions, conditions or limitations of this consent are in conflict with existing law, they shall be effective if and when such conflict ceases by the operation of law. THIRTY-SECOND: NATURE Or CONSENT: The Company aMrees that it shall not acquire or claim any vested right hereunder but that the foregoing instrument shall be construed as a consent under the provisions of Sections 66 and 67 of the Transportation Corporations Law of the State of New York and revoca:ele by the Town according to the terms and conditions herein expressed. Upon notion by Mr. Bates, seconded by Mr. Griffin, it was unanimously RESOLVED, 1;1FHEREAS, the resolution heretofore adopted by this Town Board of the Town of Mamaroneck on Jul-: 6 1927, consented to the operation of buses or motor vehicles in place of and substitution for cars of the New YorTz and Stamford Railwa<r Comma= over ^ertain streets, avenues or hiVhwrays of said Town for a term of ten years, and 267 CY motion+n by Mr or,o imovsly Bates - seconder by Mr. Brennan, it was REcOLVED that Super7i or McCulloch be and he hereb-T is designated as the =ep.re SeY?tati?Te of the Town"n .c Mamaroneck to cast the vote of the Town at the fourth annual. meeting of the Association of Towns of the State of Dieu Yore c r held u,l' o_ "'ebruary 25tn New York t_ e _ ems__ at Albany r _ and 27th, N report doted January 23, 10367 was received from the Advisory welfare Committee James A. rill es ,. Chairman, givInS its reco:f1"enlat!cns in a.^'' .. -a.nce with the request of the Town Boards on }n ._. 001107 to be pursued V7 the Town Welfare Office" in purchasin`. Z -p_cl?.es for welfare clients . The Surer7isor Stated that Public Welfare Officer :Jed.!irne hat seen the "epor't and did not disagree with it , tO.r motion ^,v P' Bates, seconded h4 Brennan, it _..v � >�. i _ .� s� 1'.frm a_r. .ti; unanimously 7y SO)_�7'E?l that the report of the An iaor i Welfare Committee he sent to Public Welfare Officer Deiirne 1'Jish the recommendation of this board that the re- no_ru»c"y.}.rationS contained 2_ined. in the •••enort, be atcpteC as the 001 _ T Of the Toi:tri in respect to the ) lroh9Se of relief supplies for the Welfare Department: The Supervisor Stater? that it would be in order for the Board to annoint a clerk is the office of the Town Assessor, a. position called for by the budget . -. On motion by nri f ins seconded by Mr, Bates; it was upon roll call unanimously ah ,,li D that WsN isa alle Stevens of 7artunC Street' La.r;ch�: ontr be and she hereby is a'6";Ointe,r; clerk i_,- the office of the Town Assessor at a sala.r`T at the rate of 190.00 a month, to take effect immediately Hr, Griffin retorted on the matter of the ^_l9.iSZs of Dr. Emil *err_lli for services rendered On the order of t^ Welfare Department, which matter had Pbeen re_"erred to him at the previous meet.inE. He stated, that the ser+,'ices had been authorize? and rendered and that the Town was therefore obligated to '„`a-'" On notion dti Mr. Griffin, seconted by r' Bates it was una S7..moU cl;r RES,'1T.:7ED that the claims of Dr Emil Verrilli totaling 81400 for medical services rendered on the Order of the Pnblio 't'felf,re Office be and they hereby are apprWed and ordered maid. The Town Attorney reported on the matter of the applications . i fOr consents to operate JlSeS it the 14dn Of Mang r0_ 2^ r re�P T e9 ".r:Ct: the County Tiana-i ontption ndi . ar7, Inc , 9nA the NeV,? 770r�< a_nd. St r ford Pai_wa7 Company, which :Platter had Veen referred to him at a pre7iOWs meet He stated_ that he had mode certain charges in the fo-rns of consents originally sub mitted, by the applicants an? said that 'gym„ 7, Jr. of Mamaroneck, T:Ji^o had on4ented to the original forms of onsent at the public c the t ng he!? thereon, considered the re 7i sed forms as "being n. n7' as Soot ?c non 30)' i `rr " n The Town A"t tol^'_r,P,'r recommended aprro 7a.1 of these consents, 267 A On motion by dir. Bates, seconded by Mr. Griffin, it was unanimously RESOLVED, WHEREAS, apolication has been made to the Town Board of the Town of Mamaroneck by the County Transportation Company, Inc. , for the operation of omnibus lines over certain streets, avenues and high- ways of said Towns and WHEREAS, after due notice Public Hearings were held (' on said application by the said Board of the Town of Mamaroneck on the 20th day of November; 1935, at — eight o' clock in the evening, N0:11, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck (hereinafter called the Board) pursuant to the provisions of Sections 66 and 67 of the Transportation Corporations Law consents that the said County Transportation Company-, Inc. (hereinafter called the Company) , subject to the provisions; conditions, requirements and limitations hereinafter set forth, may maintain and operate motor buses or omnibuses for the transportation of passengers, and property, carried by said passengers for hire, in, upon, along and across the following named streets, avenuesand highways or portions thereof in the Town of P![amaroneck !hereinafter called the Town) and par- ticularly described as follows, to wits No. 1 LARCHNiONT - RYE BEACH LINE . From the northerly boundary line between the Village of Larchmont and the Town of Mamaroneck on Chatsworth Avenue, thence along Chatsworth Avenue to 1,17rtle Avenue and thence along Myrtle Avenue to the Station of New York, New Haven and Hartford Railroad Companur, returning via same route. Approximate distance 500 feet. From the westerly boundary line between the Town of Mamaroneck and the Village of Larchmont on the Boston Post Road', thence along the Boston Post Road to the easterly boundary line between the Town of Mamaroneck and the Village of Mamaroneck on the Boston Post Road, returning via same route. Approxi- mate distance .52 miles. The same being parts of a through route between the Village of Larchmont and the mown of I'Jiamaroneck and Rye Beach in the Village of Rye. No. 2 LARCHMONT MANOR - IVtAMARONECK LINE. From the southerly boundary line between the Town of Mamaroneck and the Village of Larchmont on Chatsworth Avenue, thence along Chatsworth Avenue to Rockingstone Avenue, thence along Rockingstone Avenue to Forest Avenue, thence along Forest Avenue to -weaver Street, thence along Weaver Street to Harmon Drive, thence along Harmon Drive to the westerly boundary line between i the Town of Mamaroneck and the Village of Mamaroneck on Harmon Drive, returning via same route. Approxi- mate distance 2.3 miles. The same being part of a through route between the Village of Larchmont and the Village of Mamaroneck via the Town of Mamaroneck (and designated as Route No. 3 on a certain map filed with the Clerk of the Town of Mamaroneck 26'7 R II FURTHER RESOLVED, that this consent is subject to the following terms, conditions, requirements and limita- tions. FIRST: TERMS AND CONDITIONS OF CONSENT: This consent to maintain and overate motor or omnibuses upon the streets, avenues and highways herein described shall be held and enjoyed by the Company for the terra of twenty (20) years from the date of the expiration of the existing consent on the 26th day of i`iay, 1937. At the end of such period this Consent shall cease and determine unless it shall sooner cease and determine as hereinafter provided. SECOND, COMPENSATION: The Company shall Da., to the Town for this Consent an amount equal to three (3) per cent of the proportion of the gross receipts derived from the through routes of which the hereinabove described routes form a part, that the actual mileage operated in the Town of h1amaroneck bears to the total actual mileage of said through routes. Said amount shall be determined as of the 31st day of December and the 30th day of June in each year and shall be payable within 45 days after the date as of which the amount thereof shall have been determined. THIRD; COU SENT NOT EXCLUSIVE: Nothing in this consent shall be deemed to grant or authorize any exclusive right. FOURTH: CONT.T_NUANCE OF OPERATION: Company shall continue the operation of the routes hereinabove described and now Operated under existing consents. FIFTH: STRUCTURES IN THE STREETS; Nothing herein contained shall be construed as permitting the Company to erect any structures whatever upon any streets, ,l .l avenues or highways, and the Company shall not construct -- or maintain any fixtures or structures in such streets, avenues, or highways unless especially authorized by the Town; but the latter may designate one or more street terminals for the use of the Company and the points for receiving and discharging passengers. SIXTH: NO ASSI(:NMIENT OF CONSENT: This consent shall not be assigned or transferred, either in whole or in part, or leased; sublets or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest cr property therein, pass to, or vest in any other person or corporation whatsoever either by the act of the Company or br operation. of law, whether under the provisions of the statutes re- lating to the consolidation or merger of corporations or otherwise, without the consent of the Town evidenced by an instrument, under seal, anything herein contained to the contrary thereof in any wise notwithstanding; and the granting, giving or waiving of any one or more of such consents shall not r ender unnecessary any sub- sequent consent or consents, and no assignment, lease, sublease or mortgage of this consent, or of any part thereof or interest therein or of the route or routes men- tioned herein, or of anv Dart thereof; shall be valid or effectual for any purpose unless the said assign- ment, lease, sublease, or mortgage shall contain a cove- nant on the Dart of the assignee, lessee or mortgagee that the same is subject to all the provisions, condi- tions and limitations of this consent, and that the assignee, lessee or mortgagee assumes and will be bound by all of said provisions, conditions and limi- tations and especially said conditions as to payments, anything in any statute or in the charter of such 267 C assignee or lessee to the contrary notwithstanding, and that the said assignee, lessee, or mortgagee waives any more favorable conditions created by such. statute or its charter, and that it will not claim by reason thereof, or otherwise, exemption from liability to per- form each and all of the conditions of this consent. SEVENTH; TYPE OF BUSES. The Company shall at all times during the term of this consent operate over the routes herein described only the highest type of modern city buses which shall be equally as good as those now in operation under existing consents. EIGHTH; POWER TO BE GENTERATED WITHIN VEHICLES, NtOTOR j BUSES OR OMNIBUSES TO BE APPROVED BY THE TOWN. (a) All Vehicles which may be operated pur- suant to this consent shall be propelled by power generated or contained within the vehicle itself or by storage battery, but no power shall be used which will in its generation or use produce smoke or noxious odors sufficient in the opinion of the Town Board of the Town to constitute a nuisances. (b) Before any motor bus or omnibus, of a type different from the buses now operated by Company in the Town, is put in service, it must be submitted to the Board of the Town and likewise the plans and specifications thereof must be so submitted, together with a notice of the time and place when the Company Will apply to the Public Service Commission for approval of such motor bus or omnibus and also such plans and specifications, which submission to the Town must be made at least ten days prior to the time when such application is to be made to the Public Service Com- mission, and no such motor bus or omnibus shall be put in service unless and until the Public Service Com- mission has approved the same and such plans and speci- fications. 'When motor buses of the same type, plan and specifications are to be used the submission of one bus and the general plans and specifications thereof shall be sufficient. If after a motor bus or omnibus shall have been so approved, defects develop which render it unsuitable for public service, then the Town may ( subect to review by the Public Service Commission) require the withdrawal of such bus from service and upon such notice so to do the Company shall forthwith withdraw from service such bus so disapproved, pending the review thereof, if any, by the Public Service Commission. NINTH; GENERAL REQ,UIREIVEMTS FOR VEHICLES: All vehicles Which may be operated pursuant to this consent shall comply with the following general reouirements; All vehicles which may be operated pursuant to this consent shall be so constructed that oil and grease cannot drop on the roadway. The maximum width. shall not exceed eight feet over all. No double deck vehicle shall be operated without the consent of the Town. Each omnibus shall be equipped at all times With a hand chemical fire extinguisher in good working condition and accessible and read7T for use at all times. They shall be equipped with pneumatic tires, all other types, kinds and forms of tires being prohibited. All parts shall be so constructed that no undue noise or vibration shall result from operatidn. 911 buses must be fitted with brakes capable of stopping and holding the same under all conditions. The distribution of the weight on axles, length of wheel base and other features of desim shall be such as to avoid skidding as far as possible and shall be such as to permit easy steering and control. The gasoline tank shall be located entirely outside the body of the bus with an inlet for filling, which shall permit filling from the outside exclusively. 267 D The outlet of the exhaust shall be located beyond the rear line of the body of the bus. Each bus shall have an emergenevT exit door located at the opposite end of the bus body from the regularly used entrance and exit, which emergency door shall be securely fastened in a manner which will prevent it being opened except when opened for emergency purposes. TENTH: 14AIVIE OF CO'MMANY ON VEHICLES, etc. No motor bus or omnibus shall be operated pursuant to this consent unless there shall be painted thereon in letters sufficiently large to be clearly visible for -i a distance of seventy-five feet; (a) The name of the Company operating such vehicle. (b) The number of the vehicle which shall be assigned to it by the Company and which shall not be changed so long as such vehicle shall be operated by the Company. In small letters shall also be painted: ( c) The number of adults for which the vehicle has seating capacity. (d) And such other designating marks as shall be prescribed by the Public Service Commission or the Town. Nothing herein contained shall in any wise be construed as permitting the Company to maintain ad- vertising signs on the exterior of the buses, it being specifically understood that under no conditions shall any such advertising signs be carried on the ex- terior of said buses. ELE17EITTH: DESTINATION OF SIGNS: The d.ent ,nation of each motor bus or omnibus shall be plainly indicated on the outside of the vehicle and shall be illuminated when necessary- and such signs shall contain such in- formation as may be required by the Town. TWELFTH: HEATING AND VEPTTILATION: The enclosed por- tion of all motor buses or omnibuses shall be heated and ventilated in conformity with such laws, orders and ordinances, local or state, as are now in force affecting motor buses or omnibuses, or as may here- after during the term of this consent , be in force, or as may be required by the Town, subject, however, to review by the Public Service Commission. THIRTEENTH: LIGHTING OF VEHICLES: The enclosed por- tion of motor buses or omnibuses shall be well lighted in accordance with such regulations as are prescribed by the Public Service Commission or the Town. FOURTEENTH: Nr>1A- ER OF PASSENGERS TO BE CARRIED: The _ number of passengers to be carried in any such vehicle shall not at any time exceed the seating capacity of the vehicle, except that during the hours between " - 7 o' clock A. M. and 9:30 o' clock A. IYs and during the hours between 4. 30 o' clock P. Ip . and 7 o' clock P. Pfd® each day, and durin_g such other hours as the Town shall indicate, the number of passengers carried in any bus mar exceed the seating capacity thereof by twenty-five per centum of such capacity. �r 267 E FIFTEENTH: MAINTENANCE OF VEHICLES- -All vehicles operated, pursuant to this consent shall conform in all particulars with the requirements herein contained and shall be maintained in good and safe repair and in a manner which will in all ways and at all times render the vehicles fit for public service. The Company shall permit the Town to inspect at all reasonable times any or all the vehicles used by the Company or upon order of the Town shall submit any such vehicle to the Town for inspection. If, upon inspection, any vehicle shall be unfit for public service, then the Company shall _ upon notice, immediately withdraw such vehicle from ser- vice and shall cause it to conform with the requirements of the Town or shall remedy the defect before such vehicle shall be restored to service. All employees of the Company while in service or, any motor bus or omnibus shall be in uniform and neat and tidy in appearance. All buses must be kept at all times well painted, neat and clean. The driver of a bus mast not operate a bus to which a. trailer is attached. The Company shall not allow its operators to smoke or light a match while in or upon a bus, or to drink intoxicating liquors while on duty or to collect fares except when the vehicle is close to the curb and not in motion. Into person shall operate any motor bus under this consent unless he shall be duly licensed under the laws of the State of New York to operate the same. No per- son shall operate a bus who has, to the knowledge of the Company, been convicted of a felony or who has been convicted more than twice of an<r charge of reckless driving or violation of the Highway Law, or Vehicle and Traffic Law or the Ordinances of the Town or who is not of good moral character. SIXTEENTH: LAWS AND ORDINANCES TO BE COP1PLIED WITH: All laws and ordinances affecting the operation of motor buses or omnibuses and all traffic regulations applicable thereto now in force or which may be in force in the Town during the term of this consent shall be complied with by the Company. The Company shall also comply with and enforce the carrying out of any orders or regulations which may be issued by the Town designed for the protection and safety of persons or property or for the comfort, health or convenience of the public. SEVENTEENTH: RATES OF FARE AND TRANSFERS: The Company shall not charge, demand, collect or receive greater compensation for transportation of passengers over the routes herein designated in the Town of Mamaroneck than the rates, fares and. charges specified in its schedules now filed and in effect as provided by law or such rates, fares and charges as it may hereafter be required or authorized to file and observe in con- '` formity with the rules, regulations and laws of the State of New York. EIGHTEENTH: POLICEMET AND FIREMEN IN UNIFORM' ON DUTY TO RIDE FREE: All policemen and firemen in uniform and while on duty shall be allowed to ride free upon all motor buses or omnibuses operated by the Company® ! NINETE1 7TT: APPOINTIJENT OF RECEIVER. A3ANDO1TMEiPP The insolvency of the Company or the appointment by any court or judge of a receiver or receivers for the Com- pan- shall be valid ground for revoking this consent at the option of the Town and the Company expressly 267 F I stipulates and agress that the right herein reserved in this paragraph to the Tome is one of the princi-oal considerations for this consent, and that it will not prevent, hinder or delay, by injunction, or otherwise, the full exercise of the right herein reserved to the Town. The Company specifically agrees that, in case of insolvenev or if an-7 receiver shall be appointed for the Company, the Town shall; at its option, be entitled to take and use, with the Campan.7 s personnel and mechanical superintendence, for a period of sixty days, up to the maximlzm number, of its buses that were there- tofore in use in said Town upon co-mDensation to be agreed upon by the Town and the Company or its receiver or to be fixed by arbitrators appointed as hereinafter provided. The failure of the Company to properly maintain service and equipment and to comply with proper orders of the Public Service Commission of the State of New York or other duly constituted body or official, having authority under the lave; or by the terms and provisions of this consent, because of 'lack of capital funds, shl-_11 also be valid ground for revoking this consent at the election of the Town as herein provided. In case, at any time during the terms of this con- sent, the Company shall cease to operate, except for causes beyond its control, any route or routes mentioned herein, or any connecting route or routes, for the period of ten days without the previous consent in writing of the Town there the said Town shall have the right to declare this consent to be terminated and to cancel and annul the same. TWENTIETH: SCHEDULES . FREQUENCY OF OPERATION, The � Company shall operate its buses over each of the routes herein designated for the accommodation of the residents of the To-,an of Iiama.roneck upon an ample schedule and with sufficient frecuency so as to give through service for each entire route both wars to meet all reasonable requirements of the traveling public. TIVENTY®FIRST. OP' RATIO-iv DT RIN:= `NINTER b.ONTHS: The Com- pany shall, at its own e ,-oense do anything and ever7- thing within its cower to keep its ve��icles in operation and on re; ular schedules du-r•ing the existence of snow and ice on the streets; avenues and highways forming the routes herein mentioned, 71fi1ENTY-SECOND: OPER TiO1Q Oh AOCCUITP OF DIVERSION OF TRAFFIC: It is understood that the Company shall operate, pursuant to this consent, only the routes herein mentioned, but should vehicular traffic be diverted from any of the streets, 9.7enUes or highways forming part of any of said route or routes because of fires, parades, repairs, public improvements or any other event which will close the said streets, avenues or highways to vehicular traffice temporarily, then the Company, may, subiect to desiznation by the Town, use such other streets, avenuesor highways as are necessary to continue the operation. If. however, for any reason an7 of the said streets, avenues or highways shall be closed to vehicular traffic for a. longer period than twenty-four hours, then the Company shall communicate with the Town and obtain authority for the operation upon other streets, avenues or hig_ Ways for such longer period during which said street, avenue or highway may be closed, The Company shall not make any claim against the Town or any department or officer thereof for damages that may result to it by reason of the prose- cution with reasonable care of any public improvement ordered btr said_ Toy+rn or an;r department or board thereof ?67 Or b7 re—on of anti dlvers4on of traPn i - — herein -)rr)- I 'T i d ed., T.f 'h-IT repson of the --lo5l= o- 2.n-,- street" a-enue or b! vhwev form -, a r-rt Of an7 F Cbi rOUte or routes Conz ne r 2,7 {;be r3l *�,e_"�;�= - he buse-- O-P the , -an7 to anot- stree t . avenue, or lh1�,:'MVV9.7, it becomes n-cessar-,'T for the I Com'?an- t- a ne7v consent from the 1.0-vim- and, new sl_lthcnr- I It- from '-the S-r-I-e Cormm'Lssion. the C01-rin. R-17 shall 'Oromntl-, s-,lnl7r for such consent and authorit7 ard the tirfie durin- which the ocsr-at_! -_n -t-,T the r`-ma= Of its '01-13 or blases s1r al I e as e sh all not he deemed_. to be an an d,onfre t _,17 the Comna= of operation, TIUEI\lTV-Tt HIRD A C C 07NTS ATID REPORTS- The Colvmanv shall. at all times !,_ee-c acc„rste 1?coks c---' account of its Tros-s recp,i.-ntss from all sources and shall , within fort77-fi.17e da-Ts after the Of each seni-annual reriod make ?Terifi_elf re-ports to the Town of the -hu-s-iness done T_)Tr the UOrIn, ar-7 durin- each year or nortion thereof and shall make Oa7nen I ca to the Town as provided in Clause SE^n TD of thio consent, The Town Ma7 also reoi7 1re the Conmanv- to f file neriodic re-oorts COTTer=7 the and at the 'ime -Ore,- scribed. b;T the Town, but such •eloorts in am, event shell riot be recuired more often than once in e7Ter7 two months, The renort shall be in such reasorable 'orqn as the Town shall prescribe, and as to each ro-te shall contain a 5a statement OF the 7ross receipts, total miles in ooertion the total ruiles in o-oerati-n within the linits of the Town, and smclb other information as the Town c,.a­r reouire. T11- I - I To=wn_ shall at all times have access to all-, books and records of the Cnmopm­ for the Dur-pose of ascertainin.- the correct- ness of its reports and may examine its officers and em- P107TOes under oath. P.11 reports so -filed shall be verified and the Town shall have the ri3ht to recuire the Camoany to furnish sOecific anslivers to ouestions upon which it riav need infOy­fna'ion, TWV_ENTV-7,07RTH- RECORDS OR ROTJ'ES 5777ICE ANp COSTS� The Com-cany snall keen accurate records and, bool"'s of the income of all the different routes and combination of routes operated by it and of the bus miles operated with respect to each route or combination of routes, of the different services rendered in connection therewith, and the cost there- of so far as oracti3able, and shall at amr ti-me furnish the Tovrn such information with respect thereof ms sha.11 he re- ^7 uested, Siich books and records shall be so ',re-ot that the ,ross Income , the char-es and the net incon-,,:- of the Comnqn-y Ma7T be accurately allocated between the se-,rei_-al r1unicipali- ti;s in which it isp or it and PD-7 pOsocl-ated transoortation Con'=7 are, onerst!-nv in order that the compensation 17�a7R`Ole �Icn the'Tovvn -ander this consent ma-r at al- times be fairly and acc,_,_rate-Lv determined and so that the -oro-Pits or loss n er­I ­ed from each rout-s ma , also be and acc?,,r2l-elv deten,�iined. I miAENT7- FTITTH^ REPORTS C-ENERATLY, The Comra"ny shall sub- mit to the Tnwn not later than Parch first of each -w-ear daring the nieriod of this concert for the -,rear or T=t of 7ea-- en,.'= Deceemloer thi*rt7-_firq_t re.--'t precedin:�, a renort which shall st-a'L P,- 1¢ Location, value, and emini-mt nsid for req-11 estate Ownecll b7T the Corr:,an= In the Town. 9® Num',�)e r of pa . 2e-rlzers -art e(5 in and thro,).z'l s°Rid 'T'nvm during the -Tea-r® 3, Total rece-i -ts of ComT.)an-,T for nasse_,a^ers carried I - - within the Town and total receipts from all Tn-arce��, 4, Aynount-s -oaid lt,7 the -for doi=ss to per- sons or rronert- on accoant- of construct on and operation, 267 H 5. Total expenses for operation, including salaries, and such other information in regard to the business of the Company as may be required. 6. The nacres of its officers and directors. 7. The names and addresses of the ten principal stockholders and of the ten principal holders of secured. or unsecured debts. -,-, The Town may prescribe the form of any such reports which, as prescribed by the Town, shall be, as nearly as practicable, the same as the form of reports required by the laws of the State of New York dealing with the same subject matters. The Town may at any time require a special report under oath from the Company or from any of its officers on a= or all of the above matters or any other connected with the Company' s business within the intent and scope of this consentm TVVM4TY-SIXTH: FORFEITURE. in case of any violation or breach or failure to comply with any of the provisions, conditions or limitations herein contained or with any orders of the Town acting under the powers granted by law or herein reserved, this consent may be declared y ca.ncelled and revoked by said Town! provided, however, that such action by the Town shall not be taken until it shall give notice to the Company to appear before it on a certain day not less than ten days after the date of such notice to show cause wh7 this consent should not be cancelled and revoked. After such notice and opportunity to be heard, even in case the Company shall fail to appear, action may be taken by the Town. Forth- with, Any false entry in the books of the Comp -nv or false statement in the reports to the Town as to a material fact, knowingly made by the Company, shall also constitute such a violation or breach or failure to comply with the provisions herein contained as to warrant the cancellation and revocation of this consent. TVIENTY-SEVE14TH: COMPANY TO ASSUME ALL LIABILITY. The Company shall assume all liability for damage to per- sons or property occasioned by reason of the operation or maintenance of the motor bus or omnibus route or routes herein mentioned, and it is a condition of this consent that the Town shall be under no liability whatsoever either to persons or property on account of the same, and the Company shall fully indemnify and repay to the Town. any damages, costs and/or expenses � which the Town shall be compelled to pay by reason of ary acts or defaults of the Company. The Company shall take out and at all times during the term of this Consent maintain in full force and effect public liability insurance, or provide self insurance or bonds or other assurance, in such form as may be fixed or approved by the Public Service Com- mission or other public body upon which the power to regulate and prescribe in respect thereto is at present or may hereafter be conferred by the laws of the State _I! of New York, provided that such public liability in- surance for damages for end incidental to death or in- juries to persons shall be for not less than •$+5, 000/ $40, 000 and insurance for damages for and incident to in�*ury to or destruction of property, for not less than ., 1000/'55,000. for each bus operated. by the Com- p�nyJ,Unless the Company be permitted to provide self- insurance by the Public Service Commission or other duly authorized agency. 267 1 Ti%'JENTY-EIGhTH: BOND; This consent is upon the express condition that the Company, simultaneously with the delivery of this consent shall have on deposit with the Town and thereafter maintain in full force and effect a surety company bond in the sum of Five Thousand Dollars ($5,000) conditioned for the full and faithful performance by the Company of each and every term and condition of this consent. If such bond shall at any time become inoperative, this consent may, at the option of the Town be forthwith forfeited by the Town without - payment of any damages. If the Company is unable to avail itself of this consent by reason of the refusal U by the Public Service Commission of the right to exer- cise the same, then said bond shall be cancelled. T71ENTY-NINTH; TRANSFER OF POWERS, DEFINITIONS: if at any time the powers of the authorities herein mentioned or intended to be mentioned shall be transferred by law to any boards body, authority„ officer or officers, then, and in such case, such other board, body, authority, officer or officers shall have all the powers, rights and duties hereinreserved to or prescribed for the board, body, authority, officer or officers® The word "Town" in addition to meaning the Town of Mamaroneck shall mean any other corporation or division of government to which the ownership, rights, powers and privileges of the Town shall hereafter come, belong or appertain. The words "streets", '{avenues" and "highways{', whenever used in this consent, shall be deemed to mean streets, avenues, parkways, highways, concourses, boulevards, bridges, viaducts, tunnels, public places or any other property to which the Town has title or over which the public has an easement. v The words "notice" or "direction" wherever used in this consent shall be deemed to mean a written notice or direction. Every such notice or direction to be served upon the Comnan7T shall be delivered at such office of the Company in the City of New York or in the County of 'Westchester as shall be designated by the Company by written designation duly filed in the office of the Clerk of the Town, or, if no such designation shall be so filed or if for any reason such designation shall become inoperative, such notice or direction shall be for all purposes considered to be duly served upon the Company by mailing same in the County of 'Westchester, postage prepaid, addressed to the Company at Port Chester, New York, The delivery or mailing of such notice or direc- tion as and when above provided shall be equivalent to direct personal notice or direction and shall be deemed to have been given at the time of delivery or mailing, Whenever the Town is called upon herein to take any action or perform any act hereunder, it shall mean that such action or act shall be done or performed by the Board of such Town, or its successor as a body politic, or by its officers, agents or representatives duly authorized by said Town. Service or delivery of any paver or document required to be served upon or delivered to the Town hereunder shall be complete if served upon or delivered to the Clerk or Sunervisor of the Town or such person or persons as may hereafter be designated by law to perform the duties now performed by said officials . Whenever any hour or time is designated herein it f shall be deemed to mean Daylight Saving Time wherever the same is in force and effect in said Town® TEIRTIE^1PIq AItBITR.4TI0Na In the event of any dispute between the Town and the Company as to any matter arising under this consent,, such dispute shall be arbitrated in The Board discussed the natter of temporarily shutting off certain streets for coasting or sliding purposes and decided that hereafter requests that a street be closed off for coasting or sliding purposes should be presented to the Police Commission for its approval and that its decision in respect to such requests should be final. At 8: 50 P. IA. the Board unanimousl4 resolved to adjourn.