Loading...
HomeMy WebLinkAbout1936_09_16 Town Board Minutes 247 i REG1-TLAR MEETING OF THE TOWN BOARD TOWN OF MAMARONECK, N. Y. HELD SEPTEMBER 16,1936 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y. The meeting was called to order by Supervisor McCulloch at Present: Supervisor McCulloch Councilmen Bates, Brennan, Meginniss Absent: Councilman Griffin The presence was also noted of Town Clerk Marvin, Town Attorney Delius and Town Engineer Foote. The minutes of the meeting of September 1, 1936, were approved as printed. Mr. Arthur C. Hume of Walsh, Baird, Hume and Cameron, attorneys for Bernacchia Bros. , Inc. of Yonkers, N. Y. , addressed the Board con- cerning their application dated August 24, 1936, for consent to operate buses along the Post Road in the Town of Mamaroneck, which application was received by the Town Board at its meeting on September 1, 1936, and ordered laid over. Mr. Hume stated that the buses will merely pass through the Town of Mamaroneck along the Boston Post Road and will not stop to pick up or discharge passengers. The buses will run from Yonkers to Playland and return and will pick up and discharge passengers only in Yonkers, Mount Vernon and at Playland. Mr. Bronson Jewell, assistant counsel for the County Transporta- tion Company, stated that his company was interested in the service be- tween New Rochelle and Playland, between which points it now operates buses. On motion duly made and seconded it was unanimously i RESOLVED, WHEREAS a petition has been 'recesved by this Board from Bernacchia Bros . , Inc. requesting consent for the operation of motor buses for the transportation of passengers, and property carried by said passengers, for hire, in, upon, along and across certain streets in the Town of Mamaroneck; NOW, THEREFORE, BE IT RESOLVED that_ a public hearing on the petition of Bernacchia Bros. , Inc. be held on the 7th day of October, 1936, at 8:15 P. M. at the Town Offices, 158 Nest Boston Post Road, Mamaroneck, N. Y. , by and before this Town Board; and be it FURTHER RESOLVED, that the Town Clerk be and he hereby is authorized, empowered and directed to have published in The Daily Times, a daily newspaper published in the Town and Village of Mamaroneck, —! a suitable notice of such public hearing to be prepared by the Town Attorney, such publication to be made on the 25th day of September,7P36. Mr. Meginniss, Chairman of finance, presented the financial report of the Supervisor for the period January 1, 1936, to August 31, 1936, which showed that approximately 85 per cent of the 1936 state, county and town tax levy has already been collected. He stated that progress is being made on the semi-annual report by the town accountants. Mr. Brennan reported progress on the projects for installing sidewalks and curbs. Mr. Bates reported on sewers and drains. He stated that he and Mr. Foote had called on Mr. William Bender of 109 N. Chatsworth Avenue in accordance with the action taken by the Town Board at its meeting on August 18, 1936, and that he had been unable to find him at home. He said that he will continue to endeavor to get in touch with him. Mr. Bates presented a letter dated September 10, 1936, written by Miss Caroline Funk of 10 Harmony Drive, concerning the storm water situation affecting her property. Town Engineer Foote stated that in order to remedy the condition complained of the Town would have to instal a considerable length of drain pipe. He was directed by the Board to prepare a sketch and an estimate of the cost of the work that would be required. Fire Chief LeVino addressed the Board and on behalf of the Fire Council and himself he thanked the Board for its prompt compliance with the request of the Fire Council to close the Hillcrest Avenue entrance to the parking space in the rear of the fire house. Fire Chief LeVino stated that the week of October 4th to 10th was National Fire Prevention Week. He informed the Board that from the end of Fire Prevention Week for the year 1935 to the present time the total loss by fire in the Town of Mamaroneck amounted to x$50.00. In con- nection with the observance of Fire Prevention Week the department will have an exhibit of fire prevention appliances, et cetera, in the fire house as it did last year, he said. He requested the Board to adopt a suitable resolution in connection with the observance. On motion by Mr. Brennan, seconded by Mr. Bates, it was unanimously RESOLVED that the week of October 4th to 10th, 1936, be and it hereby is designated as Fire Prevention Week in the Town of Mamaroneck; and be it FURTHER RESOLVED that the cooperation of all of the citizens of the Town is hereby requested for the purpose of the observance of said week, in order that the splendid showing made in the Town during the past year with a resulting fire loss of only $50.00 may be continued and improved. The Fire Chief stated to the Board that both he and the Fire Council were exercised over the annual rental price of $65.00 per hydrant paid by the Fire District to the Westchester Joint Water Works No. 1. The special committee appointed by the Fire Department each year to examine all hydrants in the Fire District, he reported, had completed its examina- tion and found that thirteen hydrants contained foreign substances which would handicap the department in the event that the hydrants had to be used for extinguishing purposes. He displayed to the Board three objects taken from these hydrants, namely, a tennis ball, a golf ball and a large stone . He requested that the Fire Department be relieved of the duty of inspecting the hydrants and that this task be taken over by the Westchester Joint Water Works No. 1 and that the inspections be made every six months instead of every year. The Supervisor stated that he would take this matter up with the Water Board. The Town Attorney stated that it would be in order for the --- Board to authorize the sale of certain bonds, the issuance of which was heretofore approved of. He informed the Board that no objection had been filed to the resolution adopted by the Town Board on August 12, 1936, appropriating the sum of $45,000.00 to pay the Town' s share of the cost of highway rights-of-way and authorizing the issuance of bonds for said pur- pose, which resolution was subject to a permissive referendum. He recom- mended that the two issues which the Board desired to sell be sold at the same time. Councilman Bates introduced the following resolution: RESOLUTION DETERMINING THE FORM AND TERMS OF $ 45,000 HIGHWAY BONDS OF 1936 OF THE TOWN OF MAMARONECK, NEW YORK, AND PROVIDING FOR THEIR SALE. RESOLVED BY THE TOWN BOARD OF =i TOWN OF MAMARONECK IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows: Section 1. The $ 45,000 bonds authorized by resolution of this Board entitled: 1°Resolution appropriating the sum of $45,000 to pay the Town' s share of the cost of highway rights-of-way and authorizing the issuance of bonds for said purpose ' duly adopted August 12, 1936, which resolution has duly taken effect, shall be dated October 1, 1936, shall mature in the principal amount of $$2000 on October 1 in each 6 of the years 1937 to 1951, both inclusive, and $ 3000 on October 1 in each of the years 1952 to 1956, both inclusive, shall be in the denomination of $1,000 each, numbered from 1 to 45, both inclusive, and each of said bonds shall be designated "Highway Bond of 1936". Said bonds shall bear interest at a rate to be expressed in a multiple of one- tenth or one-quarter of one per centim not exceeding the maximum rate of six per centum (6%) per annum, the exact rate 'to be determined upon receipt of bids, payable semi- annually on the first days of April and October in each year, shall be coupon in form, registerable as to principal and interest, shall be signed by the Supervisor, shall have the corporate seal affixed thereto and attested by the Town Clerk and the coupons annexed thereto shall bear the facsimile signature of the Supervisor, and shall be payable as to both principal and interest in lawful money of the United States of America at the National City Bank of New York in the City and State of New York. Section 2. Said bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF WESTCHESTER TOWN OF MAMARONECK No. HIGHWAY BOND OF 1936. $12000.00 The Town of Mamaroneck, in the County of Westchester, a municipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this bond or, if it be registered, to the person in whose name it is registered, on the first day of October, 19 , the sum of One thousand - - - - - - - - - - -Dollars ($1,000.00) , and to pay interest on such sum at the rate of per centum ( %) per annum, semi-annually on the first days of April and October in each year from the date of this bond until it matures upon presentation and surrender, as they severally mature, of the coupons therefor annexed hereto or, if this bond be registered, to the registered holder. Both prinicipal and interest of this bond will be paid in lawful money of the United States of America, at the office of or, at the option of the holder, at the principal office of in the City, County and State of New York. At the written request of the holder, this bond may be converted into a registered bond and such registration shall be entered on the books of the Town, kept in the office of the Town Clerk and the coupons annexed hereto cut off and destroyed and a certificate of such registry shall be endorsed upon this bond by such Town Clerk after which the principal and interest of this bond shall be payable only to the regis- tered owner, his legal representatives, successors or assigns, and this bond shall be transferable only upon presentation to such Town Clerk with a written assignment duly acknowledged or proved. The name of the assignee shall be entered upon this bond and such books. This bond is one of an authorized issue, the aggregate principal amount of which is $45,000.001 the bonds of which are of like tenor, except as to maturity, and is issued pursuant to the provisions of the following laws of the State of New York, as amended: the Highway Law, constituting Chapter 25, the General Municipal Law, constituting -- Chapter 24, of the Consolidated Laws, and Chapters 30 and 707 of the Laws of 1936, and by virtue of a resolution of the Town Board of said Town adopted August 12, 1936. The full faith and credit of said Town of Mamaroneck are hereby Irrevocably pledged to the punctual payment of the principal and interest of this bond according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of said Town is within every debt and other limit prescribed by the Constitution and laws of said State. IN WITNESS WHEREOF, the Town of Mamaroneck has caused this bond to be signed by its Supervisor and its corporate seal to be hereunto affixed and attested by its Town Clerk and the coupons hereto attached to be authenticated by the facsimile signature of its Supervisor, and this bond to be dated as of the first day of October , 1936. Supervisor. (Corporate Seal) ATTEST: Town Clerk. (FORM OF COUPON) No. The Town of Mamaroneck, in the County of Westchester, a municipal corporation of the State of New York, will pay to the bearer on the first day of 19 the sum of Dollars ($ ) , in' lawful money of the United States of America, at the office of or, at the option of the holder, at the principal office of in the City, County and State of New York, being six months' interest then due on its Highway Bond of 1936 dated =I October 1, 1936, and bearing Number Supervisor. 255 (FORM OF ENDORSEMENT) CONVERSION CERTIFICATE WE HEREBY CERTIFY that upon the presentation of the within bond with a written request by the owner thereof for its conversion into a bond registered as to both principal and interest, we have this day cut off and destroyed coupons attached thereto, of the amount and value of Dollars ($ ) each, being all the coupons for interest on the within bond payable after the date of this certificate, and that the interest at the rate and on the dates stated in the within bond and as was provided by the coupons, as well as the principal, is to be paid.to the registered owner, his legal representatives, successors or assigns at the place stated in the within bond and in the coupons. Dated- , 19 Supervisor. Town Clerk. REGISTRATION CERTIFICATE It is hereby certified that the within bond has been registered. as follows: Date of Registered Registration Name of Registered Holder by Section 3. Said bonds shall be sold upon sealed proposals at 1:30 o' clock P. M. Eastern Standard Time on October 15th, 19361 at 153 West Boston Post Road, in the Village of Mamaroneck, in said Town, and the Town Clerk is hereby authorized and directed to cause a notice of sale to be published at least once in "The Daily Times", which is hereby designated the official newspaper of the Town, not less than five nor more than thirty days prior to the date of the sale, and in the "Daily Bond Buyer", a financial newspaper published and circulating in the City of New York. A special meeting of this Board is hereby called to be held at the time and place fixed for such sale for the purpose of awarding said bonds to the successful bidder and determining the interest rate thereof. Section 4. Said notice of sale shall be in substantially the following form TOWN OF MAMARONECK, NEW YORK NOTICE OF SALE $45,000 HIGHWAY BONDS OF 1936 5 The Town Board of the Town of Mamaroneck, in the County of Westchester, New York, will receive bids at the Town Offices, 158 West Boston Post Road, in the Village of Mama- roneck, in said Town, on October 15th, 1936, at 1:30 o' clock P. M. Eastern Standard Time, for $45,000 par value Highway Bonds of 1936 of the Town of Mamaroneck, New York, dated October 1, 1936, maturing $2000 on October 1 in each of the years 1937 to 1951, both inclusive, and $3000 on October 1 in each of the years 1952 to 1956, both inclusive; denomina- tion $1,000 each; coupon in form, registerable as to both principal and interest; purpose, to pay for the cost of acquisition of rights-of-way- for highways charged to the Town by the County of Westchester. Semi-annual interest April 1 and October 1, and principal payable in lawful money of the United States of America, at the office of The National City Bank of New York in the City and State of New York. Bidders must state in their bids a single rate of interest which all of the bonds are to bear, expressed in a multiple of one-tenth or one-quarter of one per centum, but not exceed- ing six per centum (6/) per annum, and must state the price offered. The bonds will bear the lowest rate of interest stated by any bidder in a duly acceptable bid; and will be awarded to the bidder stating the lowest rate. If two or more bidders offer to take the bonds at the same lowest rate, the bonds will be awarded:' to the bidder offering to pay the highest price therefor. No bid will be accepted for separate maturities or at less than the par value of the bonds, or unless accompanied by a certified check or bank draft upon an ineorp�orated bank or trust company, payable to the order of the Town of Mamaroneck, New York" for $900.00, being two per centum (2%) of the amount of the bonds. No interest will be allowed upon such check or draft. Checks of unsuccessful bidders will be returned promptly. The check of the successful bidder will be retained to be applied in part payment for the bonds or to secure the Town against any loss resulting from the failure of the bidder to comply with the terms of his bid. The Town operates under the Town Law, constituting Chapter 62 of the Consolidated Laws of the State of New York, and the proposed bond issue is authorized by the Highway Law, constituting Chapter 25, of the Consolidated Laws, and Chapters 30 and 707 of the Laws of 1936. All proposals together with check or draft must be enclosed in a sealed envelope endorsed "Proposal for Bonds" and directed to Mr. Walter R. Marvin, Town Clerk, Mamaroneck, New York. The right is reserved to reject any or all bids. The bonds will be valid and legally binding obligations of the Town, and the Town will have power and will be obligated to leery ad valorem taxes upon all the taxable property within the Town for the payment of the bonds and interest thereon, without limitation of rate or amount. The opinion of Messrs. Hawkins, Delafield and Longfellow, of New York City, to this -- effect will be furnished to the successful bidder. FINANCIAL STATEMENT 1. Assessed valuations, real property including special franchises. . . . . . . . . . . . . .x$82,532,010.00 2. Total bonded debt, including this issue. . . 4,537,500.00 (The above statement of bonded debt does not include the debt of any other subdivision having power to levy taxes upon any or all of the property subject to the taxing power of the Town). 2 1 3. Population - 1930 Federal Census - 190040 Amount of Last Four Amount of such taxes Amount of such taxes Preceding Tax Levies uncollected at end of uncollected as of Year fiscal year September, 1936 1933 $ 795;541:70 204, 999:03 160500.97 1934 1,687;939:48 413;353:85 640286:23 1935 895,655:40 160,168.73 30;368:49 -- 1936 190390513.22 - 185,216.24 A detailed report of the essential facts as to the financial situation of the Town will be submitted to any interested bidder. Dated: September 16, 1936. WALTER R. MARVIN Town Clerk Section 5. This resolution shall take effect immediately. On motion of Councilman Bates, seconded by Councilman Meginniss, the foregoing resolution was adopted by the following vote: AYES: Supervisor McCulloch Councilmen: Bates, Brennan, Meginniss NAYS: None The following resolution was offered by Councilman Bates, and seconded by Councilman Meginniss, to-wit: WHEREAS, pursuant to authority conferred by Chapter 654 of the Laws of 1927, the Town of Mamaroneck issued $156,000 Water Distribution System Bonds for the purpose of purchasing the water distribution system in said Town formerly owned by the New York Inter Urban Water Company; and WHEREAS, pursuant to authority conferred by Chapter 627 of the Laws of 1929, $100,000 Water Distribution System Bonds of said Town were issued for the purpose of further extending the water distribution system in said Town; and WHEREAS, funds are now required for further extending the water distribution system in said Town; NOW, THEREFORE, BE IT RESOLVED, that there shall be issued Thirty-six Thousand Dollars ($36,000) Water Distribution System Bonds of the Town of Mamaroneck for the purpose of further extending the water distribution system in said Town s dated the first day f October, 1936 of the denomination J , , o of one thousand dollars (1,000) each, numbered from two hundred and fifty- seven (257) to two hundred and ninety-two (292) inclusive, and maturing in numerical order one (1) bond annually on u October 1, in each of the years 1938 to 1973 both inclusive. Said bonds shall bear interest, evidenced by coupons, at a rate not exceeding six (6) per centum per annum, payable semi-annually on the first days of April and October. Said bonds shall be signed by the Supervisor and sealed with the corporate seal of the Town, attested by the Town Clerk, and the interest coupons shall be signed with the fac- simile signature of the Supervisor, and both principal and interest, shall be payable in lawful money of the United States of America, at the National City Bank of New York, in the City and State of New York. FURTHER RESOLVED, that said bonds shall be issued in sub- stantially the following form, to-wit: UNITED STATES OF AMERICA STATE OF NEW YORK TOWN OF MAMARONECK WATER DISTRIBUTION SYSTEM BOND No. $1,000. KNOW ALL MEN BY THESE PRESENTS, That the Town of Mamaroneck, a municipal corporation in the County of Westchester, State of New York, hereby acknowledges its indebtedness and for value received promises to pay to bearer on the first day of October, 19 , the sum of ONE THOUS�w AND DOLLARS ($"1,000) , together with interest thereon from the date hereof at the rate of ( ) per centum per annum, payable semi-annually on the first days of April and October upon presentation and surrender of the annexed interest coupons as the same respectively mature. Both principal and interest of this bond are payable in lawful money of the United States of America, At the National City Bank of New York, in the City and State of New York. This bond is issued for the purpose of further extending the water distribution system in said Town, pursuant to and in strict com- pliance with the Constitution and statutes of the State of New York, including among others Chapter 654 of the Laws of New York of 1927, and the acts amendatory thereof, and proceedings of the Town Board of said Town duly had and taken in all respects authorizing the same. It is hereby certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this bond, exist, have happened and have been performed in due time, form and manner as required by law; that the issue of bonds of which this is one, together with all other in- debtedness of said Town, is within every debt and other limit prescribed by the Constitution and Laws of the State of New York, and that due pro- vision has been made for raising annually by tax on the taxable property of said Town, a sum sufficient to pay the principal and interest of this bond as the same respectively become due and payable. The full faith and credit of said Town are hereby irrevocably pledged to the punctual payment of the principal and interest of this bond according to its terms. This bond may be converted into a registered bond in accordance with the provisions of the General Municipal Law. At the request of the registered owner, the interest hereon will be remitted by mail with New York exchange. IN WITNESS WBEREOF, said Town of Mamaroneck has caused this bond to be signed by its Supervisor and sealed with the corporate seal of said Town, attested by its Town Clerk, and the interest coupons hereto Annexed to be signed with the fac-simile signature of said Supervisor, and this bond to be dated as of the first day of October, 1936. TOWN OF MAMARONECK 0 Supervisor ATTEST: Town Clerk ( FORM OF COUPON ) No. On the first day of in the County of Westchester, lawful money of t Bank of New York, interest 'then due 1936, No. in the City on its Water April October, 19 , the Town of Mamaroneck, New York, will pay to bearer the sum of DOLLARS ($ ) , in tes of America, at the National City and State of New York, being six months' Distribution System Bond, dated October, Supervisor CERTIFICATE OF CONVERSION INTO A FULLY REGISTERED BOND. Upon the written request of the owner of the within bond for its conversion into a fully registered bond, I have this day cut off and destroyed coupons annexed to this bond amount- ing in the aggregate to Dollars M ) , and the interest on this bond at the rate and on the dates as was provided by the coupons as well as the principal thereof will hereafter be paid to legal representatives, successors or assigns, at the place of payment specified. therein, or, at the request of the registered owner, the interest will be remitted by mail with New York exchange. This bond hereafter will be transferable on the books of the Town Clerk of the Town of Mamaroneck, in the County of Westchester, New York, or other Registrar only on presentation of the same with a written assignment duly acknowledged or proved. Dated , 19 Date of Registry: Name of Registered Owner (Official Title) Signature of Registrar: FURTHER RESOLVED, that there shall be levied, assessed and collected annually by tax upon the taxable property of said Town a sum sufficient to pay the principal and interest of said bonds as the same respectively become due and payable. FURTHER RESOLVED, that the sum necessary to pay the principal and interest of said bonds may be provided for and included in the water rates or raised as otherwise_ provided in said Chapter 654 of the Laws of 19272 as amended, but this provision shall in no wise limit or control the power and duty of the Town Board to assess, levy and collect an annual tax sufficient to pay the principal and interest of said bonds as the same respectively become due and payable. NE FURTHER RESOLVED, that the Town Clerk is hereby directed to cause notice of sale of said bonds to be published in The Bond Buyer of New York City and The Daily Times of Mamaroneck which is hereby designated the official newspaper of the Town for said purpose, sealed bids to be received and considered by the Town Board at 1: 30 o' clock P. M. Eastern Standard Time, on the 15th day of October, 1936. Said notice of sale shall be in sub- stantially the following form: $36,000.00 TOWN OF MAMARONECK, NEW YORK WATER DISTRIBUTION SYSTEM BONDS NOTICE OF BOND SALE SEALED PROPOSALS will be received and considered by the Town Board of the Town of Mamaroneck, New York, at 158 West Boston Post Road, Mamaroneck, New York, at 1:30 o' clock P. M. , Eastern Standard Time, on the 15th day of October, 1936, for the purchase At not less than par and accrued interest of X36,000 Water Distribution System Bonds of said Town of Mamaroneck, of the denomination of $ 1,000 each, dated October 1, 1936, maturing $ 1,000 on October 1, in each of the years 1938 to 1973 both inclusive, and bearing interest at a rate not exceeding six (6) per centum per anmam, payable semi--annually April l and October 1. Principal and interest payable at the National City Bank of New York, in the City and State of New York. Bonds will be in coupon form and may be converted into fully registered bonds, and are general obligations of the Town payable from unlimited taxes. Each bid must be for all of said bonds and state a single rate of interest therefor. Unless all bids are rejected, the award will be made to the bidder complying with the terms of sale and offering to purchase said bonds at the lowest rate of interest, not exceeding the rate above specified, stated in a multiple of one-quarter or one-tenth of one per centum per annum, without reference to premium, provided, however, that if two or more bidders offer to purchase said bonds at the same lowest rate of interest then such award will be made to the bidder offering the highest premium. The right is reserved to reject any or all. bids. Each bid must be enclosed in a sealed envelope addressed to the undersigned Town Clerk and marked on the outside "Proposal for Bonds" and must be accompanied with a certified, or bank or trust company check to the order of the Town of Mamaroneck for $700.00 as a good faith deposit to secure the Town against any loss resulting from the failure of the bidder to comply with the terms of his bid. No interest will be allowed on the amount of the good faith deposit. Said bonds are issued for the purpose of further extend- ing the water distribution system in said Town pursuant to Chapter 654 of the Laws of New York of 1927, as amended. The approving opinion of Messrs. Clay, Dillon & Vandewater, Attorneys of New York City, will be furnished to the purchaser without cost. Financial Statement The assessed valuation of the property subject to the taxing power of the Town, ' is $82,532,010.00. The total bonded debt of the Town, including the above mentioned bonds, is $4,537 500.00 of which $676.000.00 Is water debt. The population of the Town 1930 census) 0 was 19,040. The bonded debt above stated does not include the debt of any other subdivision having power to levy taxes upon any or all of the property subject to the taxing power of the Town. The fiscal year commences January 1. The amount of taxes levied for the fiscal years commencing January 1, 1933, January l 1934; and Januar 1, 1935, was respectively $p795,541.70, 61 687930.48 and 895,655.40. The amount of such taxes uncollected at the end of each of said fiscal years, was respectively $204, 999.03, $418,353.85, and $160,168.73. The amount of such taxes remaining un- collected as of the date of this notice, is respectively $16, 500.97, $64,286.23 and $30,368.49. The taxes of the fiscal year commencing January 1, 1936, amount to $1,039$ 13.22 of which $854,296.98 has been collected. A detailed statement of essential facts will be submitted to any interested bidder. Dated: Mamaroneck, New York, September 16, 1936. WALTER R. MARVIN TOWN CLERK FURTHER RESOLVED, that the Town Board meet at the time and place fixed in the notice of sale to act upon proposals received for said bonds. FURTHER RESOLVED, that when said bonds shall have been duly sold and executed d; the same shall be delivered to the purchaser upon payment of the purchase price to the Supervisor. The receipt of the Supervisor shall be a full acquittance to said purchaser who shall not be obliged to see to the application of the purchase money. FURTHER RESOLVED, that the resolution adopted by the Town Board on August 7, 1933, authorizing the issuance of $25,000 Water Distribution System Bonds to be dated _._.. September 1, 1933, is hereby repealed and rescinded. Adopted by the following vote: AYES: Supervisor McCulloch Councilmen Bates, Brennan and Meginniss NOES: None A petition dated September 16, 1936, was received from Assessor Smith for the correction of the assessment roll so as to permit the apportionment of certain taxes. The Town Attorney recommended ap- proval of the petition. On motion by Mr. Brennan, seconded by Mr. Bates, it was unanimously RESOLVED, WHEREAS the Assessor has presented a petition dated September 16, 1936, for the correction of the assessment roll for the year 1935, taxes of 1936, pursuant to the provisions of Section 33 of Chapter 105 of the Laws of 1916, as amended, known as the Westchester County Tax Act; and NHEREAS after due consideration this Board finds it desirable to grant said petition for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED that the assessment roll for the year 1935, taxes of 1936, which shows property now appearing on the rolls as follows: Sec. Blk. Lot Owner Assessed Value Land 2 8A 94 to 103 Fenimore Cooper Est. $18$000 Total $18,000 The Town Attorney reported to the Board concerning the proposed installation of a sewer and drain to serve the Sackett Circle area. He said that the Town Law as amended permits a town to installs sewer line only in a street; that Sackett Circle has never been accepted by the Town as a street; that the Town cannot accept as a street any highway less than three rods in width; that the owners of property on both sides of Sackett Circle appear to be willing to dedicate to the Town the land necessary to make this street three rods wide; but that upon their so doing three of the houses now built along Sackett Circle are thereby brought within less than 30 feet of the street line and hence would be in violation of the zoning ordinance which requires that all Houses in Class A (Residential) zoning districts be at least 30 feet from the street line. He recommended that the Town Board request the Board of Appeals (for Zoning) to grant variances to the owners of these three houses. On motion duly made and seconded it was unanimously RESOLVED that the Town Board recommends to the Board of Appeals (for Zoning) that in view of the state of facts above set forth variances be granted to the three houses on Sackett Circle which would be in violation of the zoning ordinance of the Town by reason of the increase in width of said Sackett Circle. The Town Attorney reported that he had received a request from the New Rochelle Trust Company for the cancellation of the tax for the year 1928 on property described as Section 9, Block 93, Lot 18. This request, he stated, was based on the fact that for the years 1929 to 1936 inclusive this property was also described as Section 9, Block 94, Lots L. M and N; that the taxes for the years 1929 to 1932 inclusive had been paid twice on this lot, once under each description; that the taxes on this lot for the years 1933 to 1936 inclusive, which were unpaid, had been cancelled by the Town Board at its meeting on April 15, 1936, because of this double assessment. The Trust Company accordingly requested that the taxes on this property for the year 1928 be cancelled by way of com- pensation or off-set to the double payment made during the years 1929 to 1932 inclusive. On motion by Mr. Bates, seconded by Mr. Brennan, it was unanimously RESOLVED that since it is the obligation of the taxpayer to make sure that he is paying the correct taxes on his property, the fact that taxes on a certain piece of property were paid twice does not impose upon the Town any obligation to cancel another tax as an off-set or compensation for the double payment; and be it FURTHER RESOLVED that the request of the New Rochelle Trust Company, as above set forth, for the cancellation _J of taxes for the- year 1928 on property known as Section 9, Block 93, Lot 18, be and it hereby is denied. The Clerk stated that pursuant to public notice duly given as directed by the Board at its meeting on September 1, 1936, it would be in order for the Board to open the proposals which had been received for removing the glass, steel and iron work from the former Town sewage dis- posal plant located near Palmer Avenue and 'leaver Street. The Clerk thereupon opened the three proposals which he had received, which proposals were from John Moll, Weaver Street, Larchmont; Henry Gironda of Mamaroneck and Theodore Anderson of Mamaroneck. be corrected as follows, in accordance with the provisions of Subdivision 5 of said Section 33: Assessed Value ec. Elk. Lot Owner Land Total 2 8A 94 to 103 Fenimore Cooper Est. $129300 $12,300 2 BA 104 Howard P. Wilmot 3;050 39050 2 8A 105 Fenimore Cooper Est. 2,650 2,650 The Town Attorney reported to the Board concerning the proposed installation of a sewer and drain to serve the Sackett Circle area. He said that the Town Law as amended permits a town to installs sewer line only in a street; that Sackett Circle has never been accepted by the Town as a street; that the Town cannot accept as a street any highway less than three rods in width; that the owners of property on both sides of Sackett Circle appear to be willing to dedicate to the Town the land necessary to make this street three rods wide; but that upon their so doing three of the houses now built along Sackett Circle are thereby brought within less than 30 feet of the street line and hence would be in violation of the zoning ordinance which requires that all Houses in Class A (Residential) zoning districts be at least 30 feet from the street line. He recommended that the Town Board request the Board of Appeals (for Zoning) to grant variances to the owners of these three houses. On motion duly made and seconded it was unanimously RESOLVED that the Town Board recommends to the Board of Appeals (for Zoning) that in view of the state of facts above set forth variances be granted to the three houses on Sackett Circle which would be in violation of the zoning ordinance of the Town by reason of the increase in width of said Sackett Circle. The Town Attorney reported that he had received a request from the New Rochelle Trust Company for the cancellation of the tax for the year 1928 on property described as Section 9, Block 93, Lot 18. This request, he stated, was based on the fact that for the years 1929 to 1936 inclusive this property was also described as Section 9, Block 94, Lots L. M and N; that the taxes for the years 1929 to 1932 inclusive had been paid twice on this lot, once under each description; that the taxes on this lot for the years 1933 to 1936 inclusive, which were unpaid, had been cancelled by the Town Board at its meeting on April 15, 1936, because of this double assessment. The Trust Company accordingly requested that the taxes on this property for the year 1928 be cancelled by way of com- pensation or off-set to the double payment made during the years 1929 to 1932 inclusive. On motion by Mr. Bates, seconded by Mr. Brennan, it was unanimously RESOLVED that since it is the obligation of the taxpayer to make sure that he is paying the correct taxes on his property, the fact that taxes on a certain piece of property were paid twice does not impose upon the Town any obligation to cancel another tax as an off-set or compensation for the double payment; and be it FURTHER RESOLVED that the request of the New Rochelle Trust Company, as above set forth, for the cancellation _J of taxes for the- year 1928 on property known as Section 9, Block 93, Lot 18, be and it hereby is denied. The Clerk stated that pursuant to public notice duly given as directed by the Board at its meeting on September 1, 1936, it would be in order for the Board to open the proposals which had been received for removing the glass, steel and iron work from the former Town sewage dis- posal plant located near Palmer Avenue and 'leaver Street. The Clerk thereupon opened the three proposals which he had received, which proposals were from John Moll, Weaver Street, Larchmont; Henry Gironda of Mamaroneck and Theodore Anderson of Mamaroneck. 0 On motion duly made and seconded it was unanimously RESOLVED that the three proposals above received be and they hereby are referred with power to a special committee consisting of Mr. Brennan and Mr. Meginniss. A letter dated September 8, 1936, was received from Niles Hopkins, Chairman of the Executive Committee in charge of the Bicentennial celebration of the Town of North Castle, New York, inviting the Town of Mamaroneck to enter a float in the parade to be held on October 12, 19361 as part of the celebration. The letter was referred to Mr. Charles M. Baxter, Jr. , Chairman of the Committee in Charge of the 275th Anniversary Celebration of the Town of Mamaroneck, with the thought that possibly one or more of the floats which will be entered in the Mamaroneck parade might also be entered in the North Castle celebration. The Clerk inquired if the Board in accordance with the pro- visions of Section 75 of the Election Law, desired to publish notices of registration and election as has been done in years past. On motion duly made and seconded it was unanimously RESOLVED that in accordance with Section 75 of the Election Law a notice be published in The Daily Times and in The Larchmont Times on October 8, 1936, and October 15, 1936, giving a list of the places of registration within the Town of Mamaroneck, a statement of the days and hours of registration and a brief description of the boundaries of each election district in the Town; and be it FURTHER RESOLVED that in accordance with the same section of the Election Law a notice be published in The Daily Times on November 2, 1936, and The Larchmont Times on October 29, 1936, giving a list _ of the polling places, the day and hours of the election and a brief description of the boundaries of each election district. A letter dated September 9, 1936, was received from Miss Augusta White, 2 Shadow Lane, Larchmont, requesting that additional time be given to her to pay certain taxes for years prior to 1916 without interest. At its meeting on April 15, 1936, the Town Board granted her thirty days in which to pay these taxes without interest. The Clerk was directed to ask her why she was unable to pay the taxes within the thirty-day grace period granted by the Board. The report of the Town Clerk for the month of August was re- ceived and filed. The Supervisor informed the Board that work would shortly commence on the repaving with a concrete surface of Palmer Avenue from Weaver Street easterly to the Mamaroneck Village line and that in antici- pation" of this repaving work has already commenced on the installation of a storm drain. It would be in order, he said, for the Board to authorize the installation of a water main as part of the same improvement. He pre- sented an estimate , from the Westchester Joint Water Works No. 1 dated June 23, 1936, in the amount of $1747.96, covering the installation of 6 inch and 12 inch spurs on Palmer Avenue, for future extensions in connec- tion with the permanent paving on the street, from the Village of Mamaro- neck line to Weaver Street. On motion by Mr. Bates, seconded by IuIr. Brennan, it was unanimously RESOLVED, WHEREAS an estimate dated June 23, 19362 in the amount of $1747.96 has been received from the Westchester Joint Water Works, No. 1 of the cost of the installation of 6 inch and 12 inch spurs on Palmer Avenue from the Village of Mamaroneck line to Weaver Street; NOW, THEREFORE, BE IT OR RESOLVED that the Westchester Joint Water -Works, No. 1 be and it hereby is authorized, empowered and directed to install for the Town of Mamaroneck and to charge to the Town of Mamaroneck the actual cost thereof as ascertained and approved by the Board of Trustees of the Westchester Joint Water `JVorks, No. 1 the spurs above described. At 10:15 P. M. the Board unanimously resolved to adjourn. Uy Town Clerk