HomeMy WebLinkAbout1937_05_22 Town Board Minutes LA
ADJOURNED IdIEETING OF THE TO'�Flq BOARD
' n
TOWN OF MAMARONECK, N . Y.
HELD MAY 22, 1937
At the Town Offices, 158 West Boston Post Road, 14amaroneck, N. Y.
The meeting was called to order by Supervisor McCulloch
at 11:00 A. 1:4.
Present: Supervisor PlcCulloch
Councilmen Bates, Brennan, Griffin, Yeginniss
Absent : None
The presence was also noted of Town Clerk Marvin, Town
Attorney Delius and Town Comptroller Luceno.
The Supervisor said to the Board that on the 21st day of
April, 19371 the Town Board had adopted a resolution providing for
an appropriation of $56, 000 to pay the Town' s share of the cost of
the acquisition of rights of-way for highways (Boston Post Road)
heretofore charged to the Town by the County of '^Vestchester, providing
among other things that said resolution take effect thirty days after
its adoption, unless within thirty days after its adoption there
should be filed with the Town Clerk in accordance with Article VII
of the Town Law a petition protesting against said resolution and
requesting that it be submitted to the electors of the Town for their
approval or disapproval. He said that the thirty-day period above
referred to has now expired and inquired of the Town Clerk if any
such petition as above described had been received by him.
The Town Clerk reported that he had received no such
petition.
The Supervisor thereupon stated that it would be in order
for the Board to arrange for the sale of bonds to provide the sum
of 556, 000 above referred to.
Councilman Bates introduced the following resolution:
RESOLUTION DETERMINING THE FORM AND TERIv4S OF
556,000 BONDS OF THE TOWN OF MAMAROIVECH HERETOFORE
AUTHORIZED FOR HIGH'JVAY PURPOSES.
RESOLVED by the Town Board of the Town of Mamaroneck,
in the County of Westchester, New York, as follows:
Section 1. The $56, 000 bonds authorized by
resolution of this Board, entitled: `?Resolution
appropriating the sum of 556,000 to pay the Town' s
share of the cost of highway rights-of-way and
authorizing the issuance of bonds for said purpose1 .
adopted on April 21, 1937, which resolution has duly
taken effect, shall be dated June 1, 1937, shall be
mature in the principal amount of 52,000 on June 1
in each of the years 1938 to 1941 both inclusive, and
53,000 on June 1 in each of the years 1942 to 1957
both inclusive, shall bear interest at a rate to be
determined unon receipt of bids and to be expressed
in a multiple of one-tenth or one-quarter of one per
cent , but not exceeding six per centum (60) per
annum, payable semi-annually on the first days of
June and December in each year, shall be in the
denomination of 51,000 each, numbered in order of
maturity from 1 to 56 inclusive, shall be coupon
in form, registerable as to both principal and interest
and shall be payable as to both principal and interest
W
in lawful money of the United States of America at the
office of The First National Bank of mount Vernon, N. Y.
or, at the option of the holder at The Guaranty Trust
Company in the City, County and State of New York. Said
bonds shall be signed by the Supervisor and the corporate
seal of the Town shall be affixed thereto and attested
by the Town Clerk and the coupons attached thereto shall
be authenticated by the facsmilie signature of the
Supervisor. Each of said bonds shall be designated
"highway Bond of 1937".
Section 2. Said bonds shall be in substantially
the following form:
UNITED STATES OF A'017-RICA
STATE OF NE��V YORK
COUNTY OF 'iESTCHESTER
TOWN OF MAMAROPFE CK
No. $1, 000.
Highway Bond of 1937
The Town of Niamaroneck' in the County of 1ldestchester,
a municipal corporation of the State of 1ew York, hereb-\r acknow-
ledges 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 June 19 the sum
of One Thousand - - - - - - - - - - - - - - - - Dollars ( 15000.00) ,
and to pay interest on such sum at the rate of
per centum ( %) per annum, semi-annually on the first days of June
and December 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 principal and interest of this bond will
be paid in lawful -money of the United States of America, at the office
of
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 after
which the principal and interest of this bond shall be payable only
to the registered 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 `;56,000.001 the bonds of ?which are of like tenor,
except as to maturity, is issued pursuant to the following laws of the
State of New York, as amended: Chapters 30 and 707 of the Laws of
1936, the Highway Law, constituting Chapter 25, the Town Law consti-
tuting Chapter 62 and the General Municipal Law constituting Chapter
24 of the Consolidated Lags, and by virtue of a resolution of the Town
Board of said Town adopted April 21, 1937.
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 of
Mamaroneck is within every debt and other limit prescribed by
by the Constitution and laws of said State.
IN 'NITNESS ',&iEREOF, the Town of Mamaroneck, in the County of
'Westchester, 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 June, 1937.
(Corporate Seal)
ATTEST:
own Clerk.
No
(FORM OF COUPON)
Supervisor.
The Town of 4amaroneck, in the County of Westchester, a
municipal corporation of the State of 1yew York, will pay to the
bearer on the first day of 19 ' the sum of
Dollars (4j ) ,
in lawful money of the Jnited States of America, at the office of
being six months' interest then due on its Highway Bond of 1937;
dated June 1, 1937, and bearing Number
Supervisor.
(FOR S? OF ENDORSEK NT )
CONVERSION CERTIFICATE
`,TE 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 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.
e, Insert above:
the date of t17is certificate, and that the interest at the rate and on
...................... ...... ......
REGISTRATION CERTIFICATE
It is hereby certified that the within bond has been registered as
follows:
Date of Registered
Registration Name of Registered Holder by
On motion of Councilman Bates, seconded by Councilman
Brennan, the foregoing resolution was adopted by the following
vote:
AYES: Supervisor McCulloch
Councilmen Bates, Brennan, Griffin, Meginniss
NAYS: None
Councilman Bates introduced the following resolution:
RESOLTJTION AUTHORIZING THE SALE OF $56,000
HIGH!,,TAY BONDS OF 1937 AND Q160,000 GENERAL BONDS
OF 1937 OF THE TOWN OF MAMARONECK, NEW YORK.
RESOLVED by the Town Board of the Town of Mamaroneck,
in the County of Westchester, New York, as follows;
Section 1. The a 56,000 Highway Bonds of 1937,
authorized by a resolution entitled: "Resolution
appropriating the sum of X56,000 to pay the Town' s
share of the cost of highway rights-of-way and
authorizing the issuance of bonds for said purpose",
adopted April 21, 1937, and the x,160, 000 General
Bonds of 1937, authorized by a resolution entitled:
"Resolution authorizing the issuance of bonds of the
Town ofiviamaroneck, in the amount of X160, 000 to pay
the portion to be borne by said Town of the cost of
public improvement work relief projects in said Town",
adopted May 19, 1937, shall be sold upon sealed
proposals at 12: 30 o' clock P. M. Eastern Standard
Time, on June 3, 1937, at the Town Offices, 158 West
Boston Post Road, in the Village of Mamaroneck, Town
of hamaroneck, and the Town Clerl: is 'hereby authorized
and directed to cause a notice of sale in substantially
the form hereinafter provided to be published at least
once in the "Daily Times", a newspaper published at
Mamaroneck, Westchester County, which is hereby designated
as the official newspaper of the Town for the purpose of
such publication, not less than five nor more than thirty
days prior to the date of sale, and in the "Daily Bond
Buyer", a financial newspaper published and circulating
-- in the City of New York. It is hereby determined that
at the close of business at this meeting, this meeting
shall be and is hereby adjourned to the time and place
above stated for the purpose of eRamining the sealed
proposals and awarding said bonds to the successful
bidder.
Section 2. Said notice of sale shall be in
substantially the fo llowing form:
0
TOWN OF W_AllaROTIECK, NEl_d YORK
NOTICE OF SALE
4561000 Highway Bonds of 1937
$160,000 General Bonds of 1937
The Town Board of the Town of Mamaroneck, in the
County of Westchester New York, will receive bids
at the Town Offices, 158 UVest Boston Post Road, in the
Village of Mamaroneck, in said Town, on JUNE 3, 19375
at 12: 30 o' clock F . M. Eastern Standard Time (1: 30
o' clock F. M. Daylight Saving Time) , for the following
bonds:
156, 000 par Value Highway Bonds of 1937, dated
June 11 1937, maturing 12,000 annually June 1, 1938
to 1941 inclusive, and 13,000 annually June 1, 1942
to 1957 inclusive; denomination ;01,000; coupon in
form, registerable as to both principal and interest;
purpose, to provide funds to pay for highway rights-
of-way.
15160,000 par val
June 11 1937, maturin
to 1945 inclusive, an
each of the years 194
coupon in form, regis
interest; purpose, to
of the cost of ';Yorks
Principal and se
and December lst, pay
States of America, at
Bank of Mount Vernon,
holder, at the princi
Company in the City,
.e General Bonds of 1937, dated
$15,000 annually June 1, 1938
y�20,000 annually June 1, in
and 1947 denomination 11, 000;
erable as to both principal and
provide funds to pay a portion
rogress Administration Projects.
i-annual interest, June lst
ble in lawful money of the United
the office of The First National
X. Y. , or, at the option of the
al office of The Guaranty Trust
ounty and State of New York.
Bidders must state in their bids a single rate of
interest which all of the bonds offered are to bear,
expressed in a multiple of one-quarter or one-tenth
of one per centum, but not exceeding 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 a
separate maturities,
of the bonds, or unle
check or bank draft u
company, payable to t
New York_, for 14, 320.
the amount of the bon
upon such check or dr
will be returned prom
bidder will be retain
the bonds or to recur
from the failure of t
of his bid.
cepted for separate issues or
r at less than the par value
s accompanied by a certified
on an incorporated bank or trust
e order of the Town of Mamaroneck,
being two per centum (2%) of
S. No interest will be allowed
ft. Checks of unsuccessful bidders
tly. The check of the successful
d to be applied in part payment for
the Town against any loss resulting
s bidder to comply with the terms
The Town operates under the Town La . constituting
Chapter 62 of the Consolidated Laws of the State of
New York.
The proposed 156, 000 Highway Bonds of 1937 are
authorized by chapters 30 and 707, Laws 1936, and the
proposed °;160,000 General Bonds of 1937 are authorized
by chapter 782 of the '!Laws of 1932, as amended.
All proposals together with check or draft must be
enclosed in a sealed envelope endorsed "Proposal for
Bonds" and directed to Walter R. Mlarvih, Town Clerk,
Town of T1lamaroneck, New York.
The right is reserved to reject any or all bids.
The bonds will be valid and legally binding obliga-
tions of the Town, and the Town will have power and will
be obligated to levy 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 ?+lessrs. Hawkins, Delafield
and Longfellow, of New York Citv, to this effect will
be furnished to the successful bidder.
FINANCIAL STATEDIL-ENT
1. Assessed valuations, real property
including special franchises. . . . . . . . . . . . . 82, 529, 710.00
2. Total bonded debt, including these
issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 415321000.00
(The above statement of bonded debt does
not include the debt of any other sub-
division having power to levy taxes upon
any or all of the property subject to
the taxing power of the Town) .
3. Population, 1930 Federal Census -
19, 040
vote;
The foregoing resolution was adopted by the following
AYES: Supervisor McCulloch
Councilmen Bates, Brennan, Griffin, %Ieginniss
NAYS: None
The Town Attorney informed the Board that in connection
with the matter of straightening the street line of Rockland Avenue
he had received a deed from Highridge Realty Corporation, Knud
Engelsted, President, owners of property adjoining, conveying to the
Town for the sum of cy1.00 part of the land necessary for the im-
provement.
Amount of such taxes
Amount of such
Amount of Last Four
uncollected at end of
taxes uncollected as
YEAR
Preceding Tax Levies
fiscal Near.
of May 22, 1937.
1934
$
116871939.48
418, 353.85
59, 940.61
1935
895,655.40
160,168.73
9 27, 918. 64
1936
1, 039$ 13.22
134,855.97
88,526.59
1937
w
1,139,310.72
-
286,778.46
A detailed re-oort
of the essential facts
as to the
financial situation of the Town will be
submitted to
any interested bidder.
Dated: Pd-Tay 22nd,
1937. Walter
R. Ifarvin
Town Clerk.
vote;
The foregoing resolution was adopted by the following
AYES: Supervisor McCulloch
Councilmen Bates, Brennan, Griffin, %Ieginniss
NAYS: None
The Town Attorney informed the Board that in connection
with the matter of straightening the street line of Rockland Avenue
he had received a deed from Highridge Realty Corporation, Knud
Engelsted, President, owners of property adjoining, conveying to the
Town for the sum of cy1.00 part of the land necessary for the im-
provement.
On motion by Jir. Bates, seconded by Mir. Brennan, it was
upon' roll call unanimously
RESOLVED, 'iPh.EREAS, in the construction and paving
of Rockland Avenue, and in particular at the line
of property on the southerly side thereof now
owned by Highridge Realty Corporation, herein more
particularly described, there remained a piece or
gore of land between the property line and the actual
physical line of the street; and
VFHEREAS, the said Highridge Realty Corporation has
constructed upon a part of said land a dwelling house
and graded the property in such a manner as to create
a condition giving no easement of access from said
house and lot to the street as physically constructed
and paved; and
VEELREAS, in connection with the sale of said property
by Highridge Realty Corporation, the said Highridge
Realty Corporation has offered to dedicate to the
Town the gore or piece of land between the actual
physical line of Rockland Avenue and the property as
built upon and graded so as to give an easement of
access to the street; and
MHEREAS, the Superintendent of Highways has re-
commended that it be accepted and the Town Attorney
has prepared a deed which said Highridge Realty
Corporation has executed and delivered to the Town;
NOIN, THEHREFORE, BE IT
RESOLVED, that the Town of Mamaroneck do and it
hereby does accept the aforesaid offer of dedication
made by Highridge Realty Corporation and hereby
accepts as a portion of Rockland Avenue the follow-
ing described property, to wit:
ALL that certain Lot, Plot or Parcel of
land situate in the Town of Mamaroneck, IvVestchester
Co. , N. Y. . being a portion of lands owned by
HIGHRIDGE REALTY CORPORATION and being more particularly
bounded and described as follows:
BEGINNING at a point on the Southerl-Ir line of
Rockland Avenue, said point being 269.58 feet South-
easterly as measured along the Southerly line of
Rockland Avenue from its intersection with the Easterly
line of Colonial Park as shown on a Hap on file in the
office of the Register of '.Vestchester Co, and designated
as R. 0. No. 2879, filed August 31, 1925; running thence
along the Southerly side of Rockland Avenue the follow-
ing courses and distances S. 850 521 50" E. 28.25 feet;
S. 800 461 2011 E. 67.18 feet; thence on a course
S. 900 131 40" N. 1.35 feet through lands of HIGHRIDGE
REALTY CORPORATION, to a point on the proposed new
widening line of Rockland Avenue; thence along said
widening line N. 810 281 30° W. 95.33 feet to the point
or place of beginning, containing 148. 625 square feet.
and be it
FURTHER RESOLVED, that the matter of recording this
deed in the office of the Register of Deeds be and
it hereby is referred to the Town Attorney.
The Town Attorney reported on the matter of constructing
certain drains as proposed in the order of the Board setting up
the new highway drainage district. He said that he had comTDleted
the necessary legal steps in connection with the drain through
the Engelsted property, draining the area at the intersection of
Rockland Avenue and Avon Road, but that he had not yet received
the necessary mortgagees' consents in connection with the other
two drainage areas, namely (1 ) Sackett Circle and (2) Valley
Road,
Dar. Meginniss presented the financial report covering
the audit of the books and records of the Town of !,Iamaroneck for
the year ended December 31, 1936, as prepared by Glick-Freedman,
the Town' s auditors. He said that the report states that the
report shows the Town' s finances to be in order. The report was
ordered filed.
A letter dated hTay 20, 1937, was received from Austin K.
Griffen, attorney, concerning taxes for the year 1927 on Section 1,
Block 25, Lots 34 and 35. The matter was referred to the Tow-
Attorney.
Mr. Brennan reported that it would be desirable to add
additional street lights to the underground lighting system in
the Larchmont Station Park area. The cost thereof would be about
$800.005 he said, and such amount is not available in the 1937
budget .
The Board agreed that if the Westchester Lighting Company
installs the necessary lights at this time, the Board would be
inclined to appropriate the necessary funds in the 1938 budget to
pay for the cost of maintaining these lights.
At 12: 40 P. H. the Board unanimously resolved to adjourn.
Of
Tom Clerk_
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