HomeMy WebLinkAbout1926_08_11 Town Board Minutes 71
SPECIAL I=MNG OF THE TOWN BOARD
TOWN Or MAMARON"ECK
held August 11th., 1926.
The meeting was called to order by Supervisor
- Burton at 9. 30 P.M.
PRESENT: Supervisor Burton,
Justices Collins, Howell, Leeds
Town Clerk Sherman
Counsellor Gamble.
ABSENTL: Justice Boyd.
Supervisor Burton called the meeting; to order and
stated that the meeting had been called for the purpose of
holding a public hearing to take action upon a petition
heretofore filed with the Town Board by the Board of Sewer
Commissioners of Sever District No.l of the Town of
Mamaroneck, requesting the Town Board to issue and sell
j.50,000 principal amount of sewer bonds for the construction
of Contract No.; within said Sewer District NO-1
The Clerk read the notice stating the time, place
and purpose of such hearing and such other information as is
required by law and presented a copy of said Notice, together w:
with an affidavit of posting of such ncticd in at least four
- of the most public places within said district at 21 days
prior to such meeting and an affidavit of publication of such
notice once in each of the four weeks i.r:rediately preceding
— the week in which the hearing was held in the Daily Times, a
newspaper published in the County and having general
circulation in the District, there being no newspapers
published in said District.
Uppn motion, duly seconded, it was
RESOLVED, that the notice of public hearing
be and the same hereby is ni all respects
approved, and it was further
RESOLVED, that a copy of the notice and of
the affidavits of posting and publication
be filed with the Clerk in the Town
records.
The Supervisor stated that the meeting could now
proceed to hear all interested persons present.
No one being present who wished to be heard either
for or against the said petition, an motion, duly seconded, it was
RESOLVED, that the hearing be now closed...
_- Ur. Justice Collins moved and Mr.Justice Howell
seconded the adoption of the following resolutions which was
unanimously adopted:
WHEREAS, a petition for financing a public
district has been filed with this Board by
the Sewer Commissioners of Sewer District
No.1 of the Town of Mpama.reneck, which has
heretofore been duly established and extended
and of which maps and plans have been duly
filed, as extended and as required by law,
and
F �
iAS, before taking any action on such
petition, a public hearing has been granted
by this Board with full opportunity to all
interested persons to be heard, after
notice stating the time, place and purpose
of such hearing and containing a description
of the said district had been given by this
J Board, by posting such notice in at least
four of the most public places within said
district at least twenty-one days prior to
such hearing and by publishing once in
the week in each of the four weeks immediately
proceeding the week in which such hearing was
held in two newspapers published in the
County and having a general circulation in the
District, there being no newspaper published
in said District, now, therefore,
RESOLVED, that this Board hereby determines
that it is in the public interest to grant in
whole the relief sought in the petition referred
to in the recitals hereof, namely, the financing
of sewer district No. 1 of the Town of Mamaroneck
by the issuance of Sewer District Bonds of the
Town in the aggregate principal amount of eighty
thousand dollzs ($80, 000) for the financing of
cost of construction of contract No. 8 of
the sewer system of the said district; and
further determines that all the property,property
owners and interested persons within the said
public district are benefited thereby and that
- all the property or property owners benefited
are included therein.
The Supervisor reported that he had been advised by
Counsel of the Westchester Union Water Works,#1 that word
had been received from the conservative commission that its
report in relation to the water district is favorable.
A petition from Mr.H.MWiliiams was received and
read signed by the property owners residing on Edgewood
Avenue, requesting the improvement of said street between
Murray Avenue and Chatsworth Avenue.
The communication and petition were ordered placed
on file and the matter referred to the Superintendent of
Highways.
Communications from the Westchester Lighting
Company were received and read in relation to the resolutions
heretofore adopted pertaining to the installation of lights
on Monroe and Fifth Avenues and the removing of a lighting
pole and changing of lights in The Rockingstone, on Rocking-
stone Avenue.
The communications were ordered placed on file
and the matters referred to Mr.Coles, Superintendent of
ervisor, who were authorized to take
Highways, and the Sup ,
the same up with Mr. Graham of the Westchester Lighting
Company.
The matter of the dead and street at Spruce Road
in the Woods of Larchmont as reported by Justice Leeds was
referred to the Superintendent of Highways and the Supervisor
for their report.
Upon motion, the meeting adjourned at 10 P.M.
Town Clerk.
SPECIAL MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK
held August 11,1926.
The meeting was called to order by Supervisor
--- Burton at 8.45 P.M.
PRESENT: Supervisor Burton
Justices Collins,Howell and :Leeds
Town Clerk Sherman.
Mr. Collins moved and Mr. Howell seconded the
adoption of the following resolution, which was unanimously
adopted:
WHEREAS, the Board Board of the Town of
Mamaroneck has, in the manner provided by
law and by resolutions dated June 11, 1923
and February 18, 1925, respectively,
extended Sewer District No. 1 of the Town
of Mramaroneok, and
WHEREAS, the Board of Sewer Commissioners of
Sewer District No. 1 of the Town of Mamaroneck
has heretofore filed in the office of the
Town Clerk maps and plans of such district,
as extended and as required by law, and has
reported to the Town Board the amount of cost
of construction of Contract No. 9,Section C
in Larchmont Gardens, of the Sewer System,
determined as required by law, the said report
of said cost reading as follows:
Board of Sewer Commissioners
Sewer District No. 1
Town of Vamaroneck,N.Y.
Post HfficeAddress: Larchmont,N.Y.
July 6th, 1926
Town Board
Town of Mamaroneck
8 Elm Street
Mamaroneck,N,Y.
Gentlemen:
We beg to advise you that this Commission has recently
opened bids for the construction of Contract No. 9 Section
C in Larchmont Gardens of the Sewer System in Disttict
No. 1, Town of Mamaroneck. Based on these bids we here-
with respectfully report to you that the cost of construct-
ion thereof will beupwards of $80, 000.00.
We therefore respectfully request that you immediately
authorize and direct the issue and sale of bonds for the
aforesaid amount, to-wit: $80, 000.
Respectfully yours,
BOARD OF SEWER COMMISSIONEERS
SEWER DISTRICT NO. 1 OF THE
TOW OF MAMARONECK,
R.H.Stevens, Chairman
W. I,Palmer
H.R.Mi tchell.
'V7
WHEREAS, after the filing of the said report
or petition, this Board has duly granted a
public hearing aftet due notice and has duly
made the determination required by the General
District Law being Chapter 470 of the laws
of 1926, now, therefore, be it
RESOLVED, by the Town Board of the Town of
Mamaroneck,weetchester County,New York:
Section 1. $80, 000. Sewer District Bonds of
the Town of Mamaroneck shall be issued pursuant
to the provisions of the Town Law, constituting
Chapter 62 of the Consolidated Laws of the State
of New York, and Chapter 422 of the Laws of
1922 of the State of New York. Said bonds shall
be dated July 1, 1926 shall bear interest at
the rate of four and one half per centum(41/2f)
or four and one quarter per centum (41/4%) per
annum payable semi-annually on the first days
of January and July in each year, shall be 80
in number, numbered from 1 to 80, inclusive,and
shall be of the denomination of $1, 000.each,
and shall mature in the principal amount of
$2, 000. on July 1 in each of the years 1931
to 19700 both inclusive, and shall be in sub-
stantially the following form:
UNITED STATES OF AMERICA
STATE OF NEWYORK
COUNTY OIL WESTCHESTER
TOWN OF MAMARONECK
No* $ 1,000.
SEWER DISTRICT N0.1 BOND
SERIES F.
The Town of Mamaroneck in the County ofWestchester
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 registered holder, on the first day of July 19269
the sum of one thousand dollars ($1, 000.00) and to pay interest
thereon at the rate of four and one percentum (41/ %) per
annum, semi-annually on the first days of January and July
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, then to the registered holder. Both principal
and interest of this bond are payable in lawful money of the
United States of America at the office of the United States
Mortgage & Trust Company,New York City.
This bond may be converted into a registered bond,
as provided by the General Municipal Lsw, and be registered
on the books of the Town Clerk and thereafter is transferable
only upon presentation to the said Town Clerk thereof with
a written assignment duly acknowledged or proved. Upon
presentation hereof, with such assignment, the Town Clerk
will note such transfer on this bond and on said books.
This bond is one of an issue of $80, 000.Sewer
District No. 1 bonds, except as to maturity, numbered from 1
to 80, inclusive, maturing in order as numbered, $20000, on
duly 1 in each of the years 1931 to 1970, both inclusive,
issued pursuant to the provisions of the Town Law, constitut-
ing Chapter 62 of the Consolidated Laws of the State of New
York, and a resolution, of the Town Board of the Town of
Mamaroneck, duly adopted August 11, 1926.
It is hereby certified and recited that all
conditions, acts and things required by the constitution
and statues of the State of New York to exist, to have
happened and to have been performed precedent to and in
the issuance of this bond exist, have happened and have
been performed, and that the issue of bonds of which
this is one, together with all other indebtedness of
said Town of Mamaroneck is within every debt and other
limit prescribed by the constitution and laws of said State.
In witness whereof the Town of Mamaroneck, in
the County of Westchester, has caused this bond to be
signed by its Supervisor and the corporate seal of said
Town to be hereunto affixed and attested by its Town Clerk
and the coupons hereto attached to be authenticated by
the facsimile signature of its Supervisor, and this bond
to be dated the first day of July, 1926.
Supervisor.
(corporate seal)
Attest:
Town Clerk.
(FORM OF COUPON)
No,
The Town of Mamaroneck in the County of Westchester
a municipal corporation of the State of New York, will pay
to the bearer on the first day of 019 , the sum of
Dollars ($ ), in lawful money of the United
states of America at the office of theUnited States Mortgage
and Trust Company,New York City, being six months' interest
then due on its Sewer District No. 1 Bond, dated July 1,1926
bearing number
Supervisor
(FORM OF M DORSMERNT)
CONV...RSION CXRTIFICA'PR
We hereby certify thatupon the presentation of the
within bond with a written request by the owner thereof for
its conversion into a registered bond, we have this day cut
off and destroyed coupons attached thereto, numbered
from to inclusive, of the amount and value of
Dollars R each, amounting in the aggregate to
(Dollars($ ;, and that the interest at the rate of
per centum ( %) per annum payable semi-annually on the first
days of January and July in each year, as was provided by the
coupons, as well as the principal, is to be paid to
legal representatives, successors or assigns, at the office
of the United States Mortgage and Trust Company,New York City,
the place stated in the coupons.
Dated, 19
Supervisor
Town Clerk
RBGIST-RATION CERTIFICATE
It is hereby certified that the within bond was
this day registered in the name of the payee above named
in the books kept in the office of the Town Clerk of the
Town of Mamaroneck, in the County of Westchester,New York.
and is transferable only upon presentation to said Town
Clerk with a written assignment duly acknowledged or
proved, at which time the name of the assignee shall be
- entered hereon and in said books by said Town Clerk,
In Witness Whereof, I have hereunto set my hand
_.._ this day of 919 .
Town er .
Transfers of this bond have been registered as follows:
Date of Name of Registered Holder Registered by
Registration
EEE
Section i. The Town of Mamaroneck hereby covenants
to pay the principal and interest of the said bonds as the
same shall become due by levying and collecting an assess-
ment or assessments on property of the district at such
time or times and in such amounts as may be necessary
therefor. The Town of Mamaroneck further covenants that
in ease of a default in carrying out the terms of the fore-
going covenant the said Town will raise by tax upon all the
taxable property in said Town from time to time a sum or
— stuns sufficient to pay the principal and interest of said
bonds as the same shall become due.
Section 3. The said bonds authorized by this
,�
resolution shall be sold upon sealed proposals upon notice
published not less than five or more than thirty days before
such sale, at least once in The Daily Times, which is
designated the official newspaper of the Town for the
purpose of such publication, and also in The Bond Buyer, a
financial newspaper published in the City of New York.
Section 4 Said notice of sale shall be in
substantia ly the following form:
TOWN OF MAMARONECK, NEW YORK
NOTICE OF SALE
$80, o00. SE6PL+'R DISTRICT NO. 1 BONDS.
Sealed proposals will be received by the Town Board
of the Town of Mamaroneck, in the County of Westchester,New
York, og August 25th, 1926, at 8.30 p.M. (Daylight Saving
Time, at No. 8 Elm Street,Mamaroneck,New York, for the purchase
of $80, 000 Sewer District No. 1 Bonds of said Town. All of
said bonds will be of the denomination of $1, 000. each, will
be dated July 1, 1926 and will mature $2, 000 on July 1 in
each of the years 1931 to 19700 both inclusive.
Bids will be received for bonds bearing interest at
the rate of both four and one quarter per centum (41,.4%)
and four and one half per centum (41/2%) per annum. Bids
for bonds bearing interest at the rate of four and one half
per centum (41/2%) per annum, will not, however, be consider*i
if any legally acceptable bid is received for bonds bearing
interest at the rate of four and one quarter per centum
(41/4%) per annum. Interest on said bonds will be payable
in lawful money of the United States of AmericaX at the
iffice of the United States Mortgage & Tuvot Company}
New York City, The bonds will be coupon bands with the
privilege of registration as to both principal and interest.
The right is reserved to reject all bids and
any bid not complying with the terms of this notice will
be rejected.
The bonds will not be sold for less than par
and in addition to the amount bid the successful bidder
must pay accrued interest at the rate borne by, the bonds
from the date of the bonds to the date of payment of the
purchase price.
All bidders are required to deposit a certified
check payable to the order of the Town of Mamaroneck, for
two per centum of the amount of bonds bid for, drawn upon
an incorporated bank or trust company. Checks of un-
successful bidders will be returned upon the award of the
bonds. No interest will be allowed upon the amount of the
cheek of a successful bidder and such check will be re-
tained 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.
Proposals should be addressed to the Town Clerk
Mamaroneok,N.Y. and enclosed in a sealed envelope marked
on the outside "Proposal for Sewer District No. 1 Bonds"*
bonds will be prepared under the supervision of
the Unit Stgage and Trust Company, which will certify
as to the genuineilese of the signatures of the officials
--- and the seal impressed thereon.
The successful bidder will be furnished with the
opinion of Messrs. Hawkins, Delafield & Longfellow, of New
York City, that the bonds are binding and legal obligations
of the Town, payable in the first instance from assess-ments
and not from a general town tax, which, however, may be
levied if there is a shortage in primary fund.
By order of the Town Board of the Tomn of Mamaroneck.
Dated, August 11, 1926. GEORGE W. BURTON,
SUPERVISOR.
Mamaroneck, Frederick M. Sherman,
Town Clerk,
New York.
Upon motion, the meeting adjourned at 10.45 P.1%