HomeMy WebLinkAbout1931_12_08 Town Board Minutes 1 "
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RECESSED MEETING OF THE TOWN BOARD
TOWN OF IWJARONECKt N. Y.
held December 8th, 1931.
- - The meeting was called to order by Supervisor Burton at
1:35 P M.
Present: Supervisor Burton
,Tustices Boyd, Collins, Leeds and Messersmith
Tbwn Clerk Marvin
The presence was also noted of Counselor Gamble.
The Supervisor reported that he had received from the
Receiver of Taxes of the Town of Mamaroneck a statement under the
provisions of Section 31 of the Westchester County Tax Act from
which it appears that on November 30th, 1931, the sum of $89,3`74.02
was outstanding and unpaid for State , County, Town and Special
District taxes which were levied on April lst, 1931. The Supervisor
requested that appropriate steps be taken to raise and provide the
aforesaid sum of 189,374.02 by the issuance and sale of a temporary
certificate of indebtedness against said uncollected State , County,
Town and Special District taxes as provided under the Westchester
County Tax Act. I
The following report was received from Mr. Santo Lanza,
Receiver of Taxds.
December 1st, 1931
George W. Burton, Supervisor
Town of Mamaroneck, N. Y.
Dear Sir:
Pursuant to the requirements of Section 31 of the West-
chester County Tax Act providing for the issue of tax certificatesx
I hereby make report as to the amount of uncollected State, County,
Town and Special District taxes and assessments of the 1931 general
tax roll at the close of business on November 30th, 1931:
Total amount of taxes and assessments
on the 1931 general tax roll as stated
in warrant for collection.. .. .. . . . ... . ... .... . . . . . .. ... .. $ 739,894.93
Less: Net reduction in amount of taxes
and assessments on 1931 general tax roll
on account of cancellations and other
authorized changes to and including
November 30 , 1931. . . . . . . . . . . . .. I . . . . . . . . ® .. . . . . ® . . ... . . .. None
Adjusted and corrected amount of tax roll.. . . . . . . .... . .. . 739,894.93
_ Amount of collections of taxes
ans assessments on 1931 general tax roll
to and including November 30, 1931:
Total amount reported, . . . . . . s , . . . . . . .. . . . * *.$,650p520.91
Less: Overpayments to be refunded None 6509520.91
Amount of uncollected State , County, Town and
Special District taxes and assessments on 1931
general tax roll at close of business
November 302 1931.. . . . . . . . . . . . . . . %. . . . . . . . . . . . . . . . . . . . . . . 89,374.02
Respectfully submitted
SANTO LANZA
Receiver of Taxes
57
After consideration, the following resolution was
a
introduced by Justice Boyd and seconded by Justice Collins , to wit :
WFLEREAS on the let day of December, 1931, Santo Lanza,
Receiver of Taxes of the Town of Mamaroneck, filed with the Clerk
of the Town of Mamaroneck, a report containing an account of unpaid
State; County, Town and Special District taxes and assessments, a
copy of which report is, in words and figures, as follows:
"George W. Burton, Supervisor
Town of Mamaroneck, N. Y.
Dear Sir:
Pursuant to the requirements , of Section 31 of the
Westchester County Tax Act providing for the issue of tax
certificates, I hereby make report as to the amount of uncollected
State, County, Town and Special District taxes and assessments of
the 1.931 general tax roll at the close of business on November 30tly
1931:
Total amount of taxes and assessments
an the 1931 general tax roll as stated
in warrant for collection. . . . . . . . ... . . .. . . . . . . . . . . . . . . .. 739,894.93
Less : Net reduction in amount of taxes
and assessments on 1931 general tax roll
on account of cancellations and other
authorized changes to and including
November 30, 1931. . . . . . . . . . . . . . . . . 0 .. . .. . .0..... . . .. . . . None
Adjusted and corrected amount of tax roll. . . ... . . . . . . . . . 739,894.93
Amount of colle ctionz of taxes and assessments
on 1931 general tax roll to and 'including
November 30: 193p1> . ®$650,520.91
i
Total amount reported
Less: Overpayments to be refunded. . . . . . . . . None 650,520.91
Amount of uncollected State , County, Town
and Special District taxes and assessments
on 1931 general tax roll at close of business
November 30, 1931 89,374.02
Respectfully submitted
SANTO LANZA
Receiver of Taxes
WHEREAS, the amount of such uncollected taxes and assess-
ments is the sum of $89,374.02 and it is necessary to borrow on
the credit and good faith of the Town of Mamaroneck the sum of
$,89,374.02 and to issue , as evidence of the same, a certificate
or certificates of indebtedness of the Town of Mamaroneck.
NOW. THE'REWRF, BE IT RESOLVEDr that the Super-
visor of the Town of Mamaroneck be and he hereby
is authorized and directed to borrow, upon the credit
and good faith of the Town of Mamaroneck the sum of
189,374.02, and to issue for the sum borrowed, in
the name and under the seal of the Town of Mamaroneck,
certificat=es of indebtedness, the same to be of such
denominations , to be numbered, to be dated and to
be payable at such place or places and at such time
or times as the Supervisor may determine , not longer,
however, than fifteen months from the date thereof,
and shall bear interest at a rate not exceeding six
per eentum per annum, which interest shall be payable
on the respective maturity dates of the aforesaid
certificates, and which certificates of indebtedness
shall be disposed of by the Supervisor for not less
than the par value thereof, and ,the Supervisor is here-
by authorized to determine and prescribe the rate of
interest upon said certificates, provided that such
rate of interest shall not exceed the rate of
six per centum per annum. A record of such
certificates of indebtedness and of the amount
and time of payment thereof, shall be kept by
the Town Clerk. From the proceeds of such
certificates of indebtedness the Supervisor shall
pay to the County Treasurer of Westchester County
_ the amount of unpaid State and County taxes included
in said report of the Receiver of Taites, and shall
retain the amount of unpaid Town, Town District
taxes and Special Assessments included in said report.
FURTHER RFSOIVFD, that said certificates of indebted-
ness shall be issued in substantially the following
forms to wit:
UNITED STATES OF AL'LRICA
STATE OF NEV YORK
COUNTY OF WESTCHESTER
TOWN OF MAMARON7,CK
----------------Certificate of Indebtedness-------------
No. 1931 - $
On the day of , 193 , the Town of Mamaroneck
in the County of Westchester, New York, for value received, promiaes
to pay to bearer at the
New York, the sum of
($ ), with interest thereon from the date hereof at the
rate of per centum per annum. Both principal and interest
of this certificate of indebtedness are payable in lawful money of
the United States of America.
_— This Certificate of Indebtedness is issued for the purpose
of borrowing money on account of unpaid taxes$ pursuant to the pro-
visions of Chapter 105 of the Laws of 1916-, and the acts amendatory
thereof and supplemental thereto, and the act and resolutions of
the Town Board of the Town of Mamaroneck parsed at a meeting thereof
held on the 8th day of Decembers 1931, at its office 8 Elm Street,
Xamaroneck, New York, at which meeting all the members of said Town
Board present voted in favor of said resolutions, and all the members
of said Town Board had due notice of said meeting, and it is
certified that in the issuance hereof all provisions of law have been
duly complied with and that no debt or other limit has been exceeded.
This certificate of Indebtedness is registerable in the'
office of the Town Clerk in accordance with the provisions endorsed
he re on.
IN WITNESS WHEREOF, the said Town of Mamaroneck has caused
this Certificate of Indebtedness to be signed by its Supervisor and
sealed with the corporate seal of said Town, attested by its Town Clerk,
and this Certificate of Indebtedness to be dated as of the day of
193
TOWN OF TiL.XARONEC.K, IIRTSTCHESTER COUNTY
NTW YORK
BY
Supervisor
Attest:
Town Clerk
u
REGISTRATION
This certificate of indebtedness may be registered under
the signature of the Town Clerk of the Town of Mamaroneck, Westchester
County, New York, below, and shall thereafter be transferable only
upon the written assignment of the registered holder or his attorney
duly acknowledged or proved, such registration and transfer to be
made in the Register kept in the office of said Town Clerk and a not-
ation thereof to be made hereon. The principal and interest of the
certificate of indebtedness, if registered, will be payable only to
the registered holder, his legal representatives, successors or
assigns. Such transfer may be to bearer, after which the certific-
ate of indebtedness shall be subject to subsequent registrations and
a
trans-fe r s s before.
or .
Date of Registry: In Whose Name Registered: Signature of Town Clwk
FURTHER RESOLVED, that said certificates of indebtedness
shall be paid from taxes and assessments collected and
the proceeds of bonds issued against unpaid assessments,
as provided by Chapter 105 of the Laws of 191.6, as amended.
FURTHER RESOLVED, that all other matters with respect to
the issuance , negotiation and rate of interest of said
certificates of ind-ebtedness shall be determined by the
Supervisor.
FURTHER RESOLV?D, that the receipt of the Supervisor shall
be a full acquittance to the purchaser of such certif-
icates, who shall not be obliged to see to the applic-
ation of the purchase money.
The foregoing resolutions were adopted by the following
vote :
Ayes : Supervisor Burton, Clerk Marvin, Justices of the
Peace Boyd, Collins, Leeds and Idessersmith.
Noes : None
The Supervisor reported that he had received from the
Receiver of Taxes of the Town of Mamaroneck a statement under the
provisions of Section 31 of the Westchester County Tax Act from
which it appears that on November 30th, 1930s,- the sum of 1W-19813.72
was outstanding and unpaid for State, County, Town and Special
District taxes which were levied on April 1st, 1930. The Supervisor
requested that appropriate steps be taken to raise and provide the
aforesaiu sus of $21,813.72 by the issuance and sale of a temporary
certificate of indebtedness against said uncollected State , County,
Town and Special District taxes as provided under the Westchester
County Tax Act.
The following resolution was offered by Justice Messersmith
and seconded by Justice Boyd, to-wit
WHEREAS, Santo Lanza, Receiver of Taxes of the Town �(
of Mamaroneck, heretofore and on the 30th day of
November, 19319 duly delivered to George W. Burton.,
as Supervisor of the Town of Mamaroneck, his account
and report of all State , County, Town, Highway, Police
and District taxes and assessments levied and assessed
on the let day of April, 1930, as appears upon the
Assessment Roll of the Town. of Mamaroneck for the year
19302 remaining unpaid and due ; and at the same time
made an account and report of all school taxes levied
on the let day of September, 19x0, as appears upon the
School As sessment Roll for that year, remaining due and
unpaid; and
1HEREAS, on vlednesday, play 279 1931, the fourth
Wednesday of Ivay of that year, Ueorge J. 13urton,
as Supervisor of the Town of Mamaroneck did, pur-
suant to public notice published and posted in the
manner required by law, offer for sale and did sell
transfers of tax liens upon the several respective
lots, plots, pieces and parcels of land set forth in
-- said public notice of sale published and posted as
aforesaid; and
WHEREAS, at the said Tax Sale the Supervisor purchased
for and on behalf, and in the name of the Town of
Mamaroneck transfers of tax Miens for which there were
no bidders, in the aggregate sum of $25,224.96; and
WHEREAS, it is necessary to issue tax lien certificates
for and in the name of the Town of Mamaroneck for the
purposes specified in Section 32 of Chapter 105 of the
Laws of 1916, as amended, in the sum of $21, 813.72, the
aggregate amount of transfers of tax liens bid in by
the Supervisor at the TaA Sale held on the 27th day of
Vay, 1931 ; and not heretofore paid off or redeemed.
ITOu TET'REFORE, BE IT INACTED AND RESOLVED BY THIS
BOARD, that the Supervisor of the Town of Mamaroneck
is hereby authorized and directed to borrow upon the
credit and good faith of the Town of Mamaroneck the
sum of 521,813®72 upon Town of Mamaroneck Tax Lien
Certificates of Indebttedness, the same to be dated
, 19l, numbered from to
of such denomination or denominations as
the Supervisor may determine and bearing interest at
a rate not exceeding six per centum per annum, payable
at maturity on , 19®s and all of said
tax lien certificates of indebtedness shall mature at
such time or times as the Supervisor may determine not
Ion er however than 15 months from the date thereof;
g s �
that said tax lien certificate shall be signed by the
Supervisor and sealed with the corporate seal of said
Town, attested by the 'Town Clerk, and that both prin-
cipal and interest of said tax lien certificates shall
be payable in .lawful money of the United States of
America at such place or places as the Supervisor may
determine.
FURTHER RESOLVED, that said tax lien certificates
shall be issued in s-ubstantially the following form;
to wit :
UNITED ST TD'S OF AY17RICA
STATF OF '17TV YORK
COUt3TY OF 7TSTCH7ST7R
TOWN OF MAMARO.CK
TAX LM T CERTIFICATE OF INDEBTFI)YESS
NO.
On the day of , 1932, the Town of
Mamaroneck, in the County of Westchester, State of New York, for
value received promises to pay to bearer at _.
s
the sum of
DOLLARS ( , together with interest thereon from the date
hereof at the rate of per centum per annum, payable
Both principal and interest of this certificate
of indebtedness are payable in lawful money of the United States
of America.
This certificate of indebtedness is issued pursuant
to the provisions of Chapter 105 of the Laws of 19168 and the acts
amendatory thereof, and pursuant to a resolution of the Town Baird
of said Town duly passed on the 8th day of Decembers 1931, at which
meeting all the members of said Town Board present voted in favor
and authorization thereof, and is issued for the purpose specified
in Section 32 of Chapter 105 of the Laws of 1916 of the State of
New York, as amended; and it is certified that in the issuance
hereof all provisions of law have been fully complied with and that
no debt or other limit has been exceeded.
This certificate of indebtedness is registerable in the
office of the Town Clerk in accordance with the provisions endorsed
hereon.
N WITIiFSS W_T7REOF9 the said Town of Vamaroneck has
caused this certificate of indebtedness to be signed by its Super-
visor and sealed with the corporate seal of said Towns attested
by its Town Clerk, and this certificate of indebtedness to be dated
as of the day of : 19
Town of Mamaroneck, Westchester
County, New York
BY
Supervisor
Attest :
Torn Clerk
REGISTRATION
This certificate of indebtedness may be registered under
the signature of the Town Clerk of the Town of Mamaroneck, Westchester
County, New York, below, and shall thereafter be transferable only
upon the written assignment of the registered holder or his attorney
duly acknowledged or proved,, such registration and transfer to be made
in the Register kept in the office of said Town Clerk and a notation
thereof to be made hereon.. The principal and interest of this
certificate of indebtedness, if registered, will be payable only to
the registered holder, his legal representatives, successors or
assigns. Such transfer may be to bearer after which this certific-
ate of indebtedness shall be subject to subsequent registrations and
transfers as before.
Date of Registry. In Whose Name Registered Signature of Town Clerk
FUR=R RESOLVED, that said Tax Lien Certificates
of Indebtedness shall be negotiated by the Super-
visor for not less than par at a rate of interest
{ not exceeding the rate above specified.
FURTHER P,FSOLVEDs- that the principal of said Tax
Lien Certificates shall be paid out of all moneys
received from the redemption of transfers of tax liens
and from the collection . of unpaid taxes and assessments
in arrears, as provided in Section. 32 of Chapter 105 of
the Laws of 1916, as amended, and in the event that the
moneys received from the redemption of transfers of tax
liens and from the collection of taxes in arrears,as
herein stated, are not sufficient to pay the principal
of said Tax Lien certificates, then said unpaid balance
be paid either out of taxes to be levied and collected
for that purpose or out of the proceeds of other and
further tax lien certificates, as provided in said Tax
Law.
269
(2) an easement agreement dated February 29 , 19319
between Caroline L. Bill and the Town of Mamaroneck,
duly recorded in the office of the Register of
Westchester County on May l9 , 1931, in Liber 3146
of deeds page 356 ; ("3) an easement agreement dated
Tune 26, 19319,. between Rouken Glen, Inc. and the Town
of Mamaroneck duly recorded in the office of the
Register of Westchester County on December 19 1931,
in Liber 3198 of deeds, page 146;
— FURTI-TR RESOLVTD, that Counsel be and he hereby is
authorized, empowered and directed to prepare the
aforesaid agreement on behalf of the Town, subject
to such terms and conditions as may in his opinion
convey said rights and to properly protect the
interests of the Town of ?Mamaroneck, and upon the
completion of same to have the same executed as herein
authorized by the Supervisor and the Town Clerk and to
deliver the same to the County of Westchester.
Upon motion duly made and seconded the Board unanimously
resolved to recess at 1:55 P. M. to meet again at the
call of the chair to take up such matters as might
properly come before it.
Town Clerk