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HomeMy WebLinkAbout1921_08_10 Town Board Minutes Meeting of the Town Board, TOWN OF MAMARONECK, held, August 10th, 1921. The meting was called to order by Supervisor Burton at 7. 30 P.M. PRESENT: Supervisor Burton, Justices Boyd and Shafer, Town Clerk Sherman, Counsellor Gamble Sewer Commissioners Stevens, Palmer & Mitchell. Upon motion it was voted to dispense with the reading of minutes of meetings not vet approved. Supervisor Burton stated that the first order of bus- iness was the reading of the notice of sale of Sewer District No.1 of the Town of Mamaroneck sewer bonds in the sum of $130,000 which the Clerk having read, it was, upon motion duly seconded RESOLVED, that the notice of sale be andthe same hereby is approved. Upon motion duly seconded it was RESOLVED, that the bids received pur- suant to said notice be now opened. The Town Clerk proceeded to open and read each of the bids received, all of which were accompanied by a certified check in the required amount and are as follows: George B. Gibbons & Co. Price, $102.387 plus accrued interest; Sherwood & Merrifield. " 100.77 " " " Clark, Williams & Co. " 102.69 " " " The bid of Clark, Williams & Co., qualified the type of bond, as well as the approving opinion of Messrs. Hawkins, Del- afield and Longfellow to be furnished, and did not comply with the terms of the notice of sale. Upon motion duly seconded it was RESOLVED, that the Board go into exec- utive session to tabulate and consider the bids received. The Board reconvened at 8.00 O'Clock P.M. The Supervisor stated that the Board had considered all bids which had been received, and was ready to make the award. Upon motion by Justice Shafer, seconded by Justice Boyd, it was RESOLVED, that the bid of Clark, Williams and Company be rejected, in that it qualifies the bond issue and opinion of approval to be furnished therewith, and does not comply with the terms of the notice of sale, said bid being in the following form: CLARK, WILLIAMS & COMPANY 160 BROADWAY New York August 10th, 1921. Mr. Frederick M. Sherman, Town Clerk, Mamaroneck, N.Y. Dear Sir: Referring to your advertisement of the 2nd inst., to receive sealed proposals of $130,000 Town of Mamaroneck, Sewer District No. 1 6% coupon bonds of the denomination of $1,000 each, all dated July 1st, 1922, maturing $5,000 on the first day of July in each of the years 1921 to 1947 inclusive, interest payable semi-annually on January 1st and July 1st, we hereby make you the following offer: For all of $130,000 par value said bonds we will pay you One Hundred Thirty Three Thousand Five Hundred Dollars ( $133, 500. ) the equivalent to $1,026.92 for each $1,000 bond and in addition we will pay accrued interest to date of delivery. Bonds must be the direct general obligation of the entire Town of Mamaroneck for which full faith and credit of the Town is pledged and you will furnish us with an approving opinion of Messrs. Hawkins, Delafield and Longfellow, Attorneys, New York City, that the bonds are the valid obligations of the entire Town, for which its full faith and credit is pledged. We herewith enclose certified check for $2,600 being 2% of the par value of bonds herein bid, for which check must be returned to us if our bid is not accepted or if for any reason the bonds are not delivered to us in accordance with the terms of this bid. Yours very truly, IHP-LL Clark Williams & Co. Encl. The representative of Clark, Williams and Company present was informed that the notice of sale stated specifically the type of bond being sold, and stated specifically the opinion of Messrs. Hawkins, Delafield and Longfellow which was to be furnished, and that the bid of Clark, Williams and Company placed conditions upon both, and would not be accepted, because it did not comply with the terms of the notice of sale. The resolution being put to a vote, was adopted by the following vote: AYES: Messrs, Burton, Boyd, Shafer and Sherman. NAYS: None. The fallowing resolution was offered by Justice Boyd and seconded by Justice Shafer: RESOLVED, that George B.Gibbons & Co. of New York City, having bid the sum of $102.397 for each $100 par value sewer bond of Sewer District No. 1 of the Town of Mamaroneck, plus acc- rued interest to the date of delivery and pursuant to the resolution of this Board passed July 29th, 1921, and to the notice of sale made in accordance with the law and the said bid being the highest and best bid received for said bonds, complying with the terms and conditions of said notice of sale, the said bonds are hereby awarded to to the said George B. Gibbons and Company; and the aforesaid bid is hereby accepted and the Supervisor is directed to deliver the said bonds upon their execution, and upon payment therefor being made. The resolution was put to a vote, and was adopted by the following vote: AYES: Messrs, Burton, Boyd, Shafer and Sherman, NAYS: None. Upon motion, duly seconded, it was VOTED, that the certified checks of the unsuccessful bidders be returned by the Clerk upon receiving a receipt therefor, and so noted in the minutes. The Clerk thereupon, returned the certified checks of Sherwood and Merrifield and Clark, Williams and Company. Counsel reported that he had been authorized to prepare a resolution providing for the issue of $120,000 Sewer District No. 1 bonds of the Town of Mamaroneck and presented same to the Town Board. The Supervisor stated that the issuance of said bonds had been approved by the Board of Supervisors, Westchester County at a meeting duly called and held, and after full discussion, upon motion by Justice Shafer seconded by Justice Boyd, the following resolution was adopted: WHEREAS, the Board of Sewer Commissioners of Sewer District No. 1 of the Town of Mamaroneck heretofore filed in the office of the Town Clerk a map and plan of each district as re- quired by law, and has reported to the Town Board the amount of cost of construction of Sections 1 and 2 of the Sewer System deter- mined as required by law, the said report of said cost reading as follows: BOARD OF SEWER COMMISSIONERS SEWER DISTRICT NO.1 TOWN OF MAMARONECK, OFFICE: WEAVER STREET AT HOWELL AVE. P.O.ADDRESS: LARCHMONT, N.Y. August 2nd, 1921. Town Board, Town of Mamaroneck, Gentlemen: On August 1st, 1921, this Commission opened bids for the construction of Sections 1 and 2 of the Sewer System in Sewer District No. 1 of the Town of Mamaroneck; Based on these estimates we herewith repectfully report to you that the amount of the cost of the construction of Sections Nos. 1 and 2 of the Sewer System in Sewer District No. 1 of the Town of Mamaroneck including Engineers fees and other expenses in connection there- with will be $120,000. We therefore request that you immediately authorize and direct the issue and sale of bonds for the aforesaid amount herein reported, to wit- $120,000 which is in addition to the $130,000 heretofore authorized. Respectfully yours, Board of Sewer Commissioners. by Robert H.Stevens. William I. Palmer, H.R.Mitchell. NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck; 1. $120,000 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. Said bonds shall be dated July 1st, 1921 shall bear interest at the rate of six per centum (6%) per annum, pay- able semi-annually on January 1st and July 1st in each year and shall be 120 in number numbered from 1 to 120 inclu- sive, of the denomination of $1,000 each. Said bonds shall mature $4,000 on July 1st in each of the years 1922 to 1951 inclusive. The same bonds shall be issued in addition to the bonds auht- orized by resolution of this Board on July 27th, 1921, and shall be in sub- stantially the following form: NO. $1,000 UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF WESTCHESTER SEWER DISTRICT NO. 1 OF THE TOWN OF MAMARONECK SEWER BOND. The Town of Mamaroneck in the County of Westchester, a municipal corporation of the State of New York, for value re- ceived, promises to pay to bearer, or if this bond be registered, to the registered holder thereof, on the first day of July, 19, the sum of One Thousand Dollars ($1,000) and to pay interest there, on at the rate of six per centum (6%) per annum, payable semi- annually on January 1 and July 1 of each year, upon presentation and surrender as they severally mature, of the coupons therefor annexed thereto, or if this bond be registered, then to the person in whose name it is registered. Both principal and int- erest of this bond are payable in lawful money of the United States of America at the office of the First National Bank, Mamaroneck, New York. This bond may be converted into a registered bond, as provided by the general municipal Law, and be registered on the books of the Town Clerk, and thereafter is transferrable only upon presentation to the Town Clerk of said Town with a written assignment duly acknowledged or proved. Upon presentation thereof, with such assignment, the Clerk will note such transfer on this bond and on said books. This bond is one of an issue of 120 bonds of like date and tenure, except as to maturity, numbered from 1 to 120 inclu- sive maturing in order as numbered, $4,000 on July 1st in each of the years 1922 to 1951 inclusive, issued pursuant to to the provisions of the County Law constituting Chapter 16, and the Town Law constituting Chapter 62, of the Consolidated Laws of the State of New York, and by virtue of an act of the Board of Supervisors of Westchester County duly adopted, 1921, and by virtue of resolutions of the Town Board of the Town of Mamaroneck, duly adopted, , 1921. 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 be 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 THEREOF, the Town of Mamaroneck in the County of Westchester, has caused this bond to be signed by its Supervisor, and the seal of said Town to be hereunto affixed, attested by its Town Clerk, and the coupons hereunto annexed to be authenticated by the facsimile signature of its Town Supervisor and this bond to be dated July 1, 1921. Supervisor of the Town of Iamaroneck. ATTEST: Town Clerk ( FORM OF COUPON } NO. $30.00 The Town of Mamaroneck in the County of Westchester, will pay to the bearer on the first day of , 19 , the sum of Thirty Dollars ($30.00) in lawful money of the United States of America, at the office of the First National Bank, Xi maroneck, New York, being six months interest then due on its Sewer Bond, dated July 1, 1921, bearing number i Town Supervisor. ( CONVERSION CERTIFICATE ) WE HEREBY CERTIFY that upon the presentation of the within bond with a written request of the owner thereof for its conversion into a registered bond, we have this day out off and destroyed coupons attached thereto, numbered from to inclusive, of the amount and value of Thirty Dollars ($30.00) each, amounting in the aggregate to Dollars, and that the interest at the rate of six per centum (6%) per annum, payable semi—annually on the first day 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 First National Bank, Mamaroneck, New York, the place stated in the coupons. Dated, Supervisor of the Town of Mamaroneck Town Clerk. ( FORM OF REGISTRATION CERTIFICATE ) i 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, and is transferable only upon presentation to said Clerk with a written assignment duly ack- nowledged or proved, at which time the name of the assignee shall be entered hereon and in said books by said Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of 19xx Town Clerk. DATE OF NAME OF REGISTRATION REGISTERED HOLDER REGISTERED BY 2. The Town of Mamaroneok hereby covenants to pay the principal and interest of the said bonds as the same shall be- come due by levying and collecting an assessment or assessments on property district at such time or times and is such amounts as may be necessary therefor. The Town of Mamaroneck further covenants that in case of a default in carrying out the terms of the foregoing covenant the said Town will raise by tax upon all the taxable property in said Town from time to time a sum or sums sufficient to pay the principal and interest of said bonds as the same may or shall become due. 3. The said additional bonds authorized by this res- olution 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 Larchmonter Times, a neswpaper of said Town, and also in the Daily Bond Buyer, a financial newspaper publish- ed in the City of New York. Said notice of sale shall be in substantially the following form: NOTICE OF SAME SEWER DISTRICT NO. I OF THE TOWN OF MAMARONECK $120,000. SEWER DISTRICT BONDS. Sealed proposals will be received by the Town Board of the Town of Mamaroneck on August 22nd, 1921, at 8.30 P.M. o'clock at No. 6 Elm Street, Mamaroneck, New York, for the pur- chase of $120,000 Sewer District Bonds of said Town. Said bonds will be of the denomination of $1,000 each, will be dated July 1, 1921, and will mature $4,000 on July 1st, in each of the years 1922 to 1951 inclusive. Said bonds will bear interest at the rate of six per centum (6%) per annum, payable semi-annually on January 1 and July 1 in each year. Both principal and interest will be paid in lawful money of the United States of America at the office of the First National Bank in said Town. The bonds will be coupon bonds, with the privilege of registration as to both principal and interest. The right is reserved to reject any or all bids and 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 bid 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 (2%) of the amount of bonds bid for, drawn upon an in- corporated bank or trust company. Checks of unsuccessful bidders will be returned upon the award of the bonds. No interest will be allowed upon the amount of the check of a successful bidder and such check 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. Proposals should be addressed to the Town Clerk, Mamaroneck New York, and enclosed in a sealed envelope marked on the outside "Proposal for Sewer Bonds." 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 assessments and not from a general Town tax, which however may be levied if there is a shortage in the primary fund. The bonds will be prepared under the supervision of the United States Mortgage & Trust Company, which will certify as to the genuineness of the signature of the officials and the seal impressed thereon. By order of the Town Board of the Town of Mamaroneck. Frederick M. Sherman, Dated August 11th, 1921. Town Clerk. The question being taken upon the foregoing resolution, same was upon roll call adopted by the following vote. AYES: Messrs, Burton, Boyd, Shafer, Sherman. NOES: None. The Clerk reported receiving a communication from the Board of Elections in relation to the designation of polling places for the official Fall Primary. Same was ordered received placed on file and upon motion duly seconded, it was RESOLVED, that pursuant to Section 74 of the Election Law, the following are designated as polling places for the official Fall Primary to be held on September 13th, 1921, and the primary districts are accordingljrxg divided as follows: 1st Primary District: To comprise the ist Election District and the polling place shall be the headquarters of the Volunteer Hose Co. #3, Mamaroneck Ave, Mamaroneck, N.Y. All parties. 2nd Primary Districts; To comprise the 2nd and 3rd Election Districts and the polling places are designated as follows: Republican Party, Town Hall, Prcppeot Avenue Mamaroneck, N.Y. Democratic and all other parties, Coles Garage, West Boston Post Road, Mamaroneck, New York. 4th Primary District: To comprise the 4th Election District, Weaver St fire house, Edgewood Road, Larchmont, N.Y., all parties . 5th Primary District; To comprise the 5th Election District, Larchmont Athletic Club, Post Road, Larchmont, N.Y. , all parties. 6th Primary District; To comprise the 6th Election District, polling place northerly side of Post Road, Larchmont Park, Larchmont, N.Y. , all parties. The question being taken upon the foregoing resolution same was declared adopted. A policy for renewal of insurance of the Town Hall was received and read, and upon motion duly seconded it was VOTED, that the policy be returned, same not being in proper form and the Clerk was authorized and empowered to have same taken care of. The question being taken upon the foregoing resolution, same was upon roll call adopted. A communication was received from the Overseer of the Poor, stating that the building in which his office is situated had changed ownership and that the rent for same had been raised from $10.00 to $15.00 per month. Same was ordered received, placed on file and upon motion duly seconded, it was RESOLVED, that the rental of the office of the Overseer of the Poor be increased from $10.00 to $15.00 per month and the Supervisor be instructed to pay same upon the presentation of proper voucher therefor. The question being taken upon the foregoing resolution, same was upon roll call, declared adopted. Upon motion, the meeting adjourned at 11.15 P.M. Town Clerk.