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HomeMy WebLinkAbout1918_08_15 Town Board Minutes Meeting of the Joint Town, Town of Mamaroneck, held August 15th, 1918 at 10:05 P.M. Supervisor Burton called the meeting to order. The Clerk reported the following present: George W. Burton, Supervisor, Justices Collins, Boyd and Dudley, John Hickey, Supt. of Highways , J. C . Fairchild, Town Clerk and Ralph A. Gamble, Counsel . Upon motion duly made, seconded and carried, it was RESOLVED that the minutes of meetings not yet approved be dispensed with. Supervisor Burton reported that copies of the corres- pondence, in connection with the matter of extending the gas mains into the Larchmont Gardens section, between the Westchester Lighting Company and the Supervisor in behalf of the Town Board, had been forwarded to the Secretary of the Larchmont Gardens Association . Mr. Gamble, Counsel, reported concerning the acceptance of the streets of the Woods of Larchmont by the Board and presented a resolution in connection with the same. The resolution was offered by Justice Boyd, seconded by Justice Collins and was unanimously adopted:- WHEREAS, a duly verified petition of Taxpayers has been presented to this Board requesting the Town of Mamaroneck to accept as Town Highways certain streets and roads in the Woods of Larchmont lying and being within the Town of Mamaroneck as shown upon a certain map entitled "Map of The Woods of Larchmont, situated in the Town of Mamaroneck and the City of New Rochelle, in the County of Westchester and State of New York, surveyed for Clifford B. Harmon & Co., by Long & Haney, C.E. dated 1909, and filed March 11th, 1910, in the Regis- ter's office, Westchester County as Map No. 1896, and WHEREAS, John H . Storer and Suburbs Holding, Company were the owners of the tract of lard embraced within and shown upon the aforesaid map together with the streets and roads thereon shorn, and WHEREAS, said John H . Storer and Suburbs Holding Company duly filed and recorded the aforesaid map in the Register 's office of Westchester County, N.Y., on March 11, 1910 as Map No. 1896 and WHEREAS, in filing said map said John H . Storer and Suburbs Holding Company made an offer of Dedication of the said streets and roads thereon as Public Highways to the Town of Mamaroneck and WHEREAS, the aforesaid offer of dedication has never been withdrawn or revoked by them or anyone on their behalf, and WHEREAS, said John H. Storer and Suburbs Holding Company still desire and have requested that the said offer of dedication, of said streets and roads shown on the aforesaid map be accepted as Town Highways of the Town of Mamaroneck, THEREFORE, BE IT RESOLVED: that the Town of Mamaroneck, do and it hereby does accept the aforesaid offer heretofore made by said John H. Storer and Suburbs Holding Company to dedicate to the Town of Mamaroneck as Town Highways the Streets and Roads in the Woods of Larchmont, lying and being within the Town of Mamaroneck, N.Y. as situated in the Town of Mamaroneck and City of New Rochelle, in the County of Westchester and State of New York surbeyed for Clifford B. Harmon & Co., by Long & Haney, C.., dated 1909 and filed March 11th, 1910, in the Register's office of Westchester County as Map #1898", which said streets and roads are more particularly described and shown on said map as follows: all of Birch Road, Glenn Road, Valley Road, Vine Road, Villa Road, Spruce Road, Fern Road, Bungalow Road, Boulder Road and all that part of Wildwood Road, Walnut Road, Springdale Road, Poplar Road and Highland Avenue as lie within the Town of Mamaroneck and all that part of Chatsworth Avneue from its junction with the southerly end of Rockingstone Avenue to the northerly end thereof, and to the center line of said Chatsworth Avenue as shown on the aforesaid Map, and be it further RESOLVED, that the aforesaid streets and road be and the same hereby are accepted as Town Highways, and be it further RESOLVED, that the aforesaid streets and roads are hereby made and declared to be public Town Highways, and be it further RESOLVED, that the Town of Mamaroneck shall be kept safe and harmless from any claim or damage of any nature or character whatsoever in any wise arising from the improvement of the aforesaid streets anything to the contrary herein contained notwithstanding. On motion of Justice Collins seconded by Justice Boyd, it was RESOLVED that the Town Clerk prepare a certificate, the adoption of the aforesaid resolution and that said certified copy be delivered to the Supervisor. Justice Collins offered the following resolution which was seconded by Justice Dudley:- WHEREAS, the Westchester Street Railroad Company made application to the Town of Mamaroneck in May, 1918 for an increased fare on its railroad on the ground that said company claimed that its financial condition was serious and that it would be impossible to meet operating expenses of the road; and WHEREAS, application was made by the City of White Plains to the Public Service Commission, Second District, for an investigati- gation as to whether or not it was necessary that such rate of fare be increased and as to whether or not the service furnished by the company could be improved, and if so, in what specific ways; and WHEREAS, the said railroad company claimed that it would be impossible to operate its railroad, unless relief was granted during the pendency of said investigation; and WHEREAS, a Public Meeting of the citizens of the Town of Mamaroneck was duly called and advertised by the Town Board for the public consideration of the said application of the Westchester Street Railroad Company for an increased fare; and WHEREAS, the said Public Meeting was duly held, as adver- tised, at the Town Hall, Mamaroneck, N.Y., on June 3rd, 1918, at which time a resolution was duly offered and adopted, that it was the sense of the meeting that the Town Board approve the aforesaid application for an increase of fare from five cents (5¢) to six cents (6¢) for the period from June 10th, 1918 to July 31st, 1918 and that a proper resolution to this effect be adopted, and WHEREAS, the JOINT TOWN BOARD of the TOWN OF MAMARONECK did thereafter by resolution temporarily modify the francishises or consents heretofore granted by said Town to the Westchester Street Railroad Company, its predecessor or predecessors and accepted by said companies, so as to permit said Westchester Street Railroad Company to charge a rate of fare of six cents (6¢) instead of five centss (5¢) as provded under said franchises, from the 10th day of June, 1918 to and including the 31st day of July, 1918; and WHEREAS, said modification was granted upon the express condition was that it was temprary only and should expire on July 31st, 1918, at which time the aforesaid franchises and consents should again be in full force and effect subject to the same covenants and conditions as when granted and accepted, said modifi- cation being granted without prejudice to any rights of the Town of Mamaroneck in the premises and was in no way to be construed as an approval of said proposed increase of fares, and WHEREAS, the said investigation by the Public Service Commission, Second District, was not made within the period for which the modification was granted due to the differences between the City of White Plains and the Public Service Commission, Second Disctict, which differences have been settled and said investiga- tion is to be immediately made, and WHEREAS, the Westchester Street Railroad Company claims that it is still operating at a loss and that it is still unable to meet operating expenses even with the increase of fare heretofore temporarily granted, and that it will be impossible to operate its railroad unless relief is granted during the pendency of said investigation, and WHEREAS, said Company has now made application to the Town of Mamaroneck for a further increase of fare on its railroad to seven (7¢) cents for the period from August 1st, 1918 to and including September 30th, 1918, and WHEREAS, the said increase of fare to seven (7¢) cents has been granted by White Plains and certain other municipalities and along said line, THEREFORE, BE IT RESOLVED, that the francises or consents heretofore granted by the Town of Mamaroneck to the Westchester Street Railroad Company, its predecessor or predecessors, and accepted by said companies be and the same hereby are modified temporarily so as to permit the Westchester Street Railroad Company to charge a rate of fare of seven (7¢) cents instead of five cents (5¢) fare provided for under said franchises from the 1st day of August, 1918 to and including the 30th day of September, 1918, such increase to be entirely used for the benefit of the lines of The Westchester Street Company and those lines only; and BE IT FURTHER RESOLVED, that this modification is granted upon the express conditions that it is temporary only and shall expire on the 30th day of September, 1918, at which time the afore- said original franchises and consents shall again be in full force and effect subject to the same covenants and conditions as when granted and accepted, and BE IT FUTHER RESOLVED, that this modification is made without prejudice to any rights of the Town of Mamaroneck in the premises, and in no way shall be considered an approval by the Town of Mamaroneck of the proposed increase of fares as a desirable or sufficient method of obtaining the desired additional income. The Clerk called the roll and the following voted in the affirmative: Supervisor Burton, Justices Collins, Boyd and Dudley; and J.C. Fairchild. Negative, Superintendent Hickey. The majority of the Board having voted in the affirmative, the supervisor declared the resolution adopted. On motion of Justice Dudley, seconded by Justice Collins, it was RESOLVED that the Superintendent of Highways be authorized and directed to notify the Interurban Water Company to extend its mains along Weaver Street northerly to the State Highway line and also on Chestnut Avenue from the intersection of Judson Street to the westerly extensiom of Chestnut Avenue. On motion, the Board adjourned at 11:10 P.M. Town Clerk.