HomeMy WebLinkAbout1919_03_26 Town Board Minutes (2)Meeting of the Joint Town Board of the Town of
Mamaroneck held March 26, 1919.
The meeting was called to order by Supervisor
Burton at 10:45 P.M.
The Clerk reported the following present:
Supervisor Burton, Justices Collins, Boyd and Shafer;
John Hickey, Superintendent of Highways, J.C. Fairchild,
Town Clerk, and Ralph A. Gamble, Counsel.
The Minutes of the meetings of February 10th,
February 11th and February 24th were all read and approved.
A communication from Mr. Lasher was presented to the
meeting and on motion duly made, seconded and carrie was
referred to the Superintendent of Highways with power to
relieve the situation.
The Superintendent of Highways reported on the
extension of Water Mains and Hydrants on Weaver Street
and Harmon Drive; Lakeside Drive and Rocky Road; Myrtle
Avenue between Weaver and Preston Streets, extending
westerly on Weaver Street 1500 feet, Glen Road and Chats-
worth Avenue.
Upon the recommendation of the Superintendent of
Highways, it was upon motion
RESOLVED: That the Superintendent of Highways be
authorized and directed to notify the New York Interurban
Water Company to install water mains and hydrants on
Weaver Street and Harmon Drive, Lakeside Drive and Rocky
Road, on Myrtle Avenue between Weaver Street and Preston
Street, on Glen Road and Chatsworth Avenue and to extend
the main westerly on Weaver Street fifteen hundred (1500)
feet.
Superintendent Hickey reporting on the repairs to
the Boston Post Road, stated that the State Department of
Highways, to whom he had referred the matter, stated that
they had no power to direct the Westchester Railway Company
to do the repairs which had been requested.
Upon motion it was
RESOLVED: That counsel be authorized and directed
to notify the Westchester Electric Railway Company to make
the proper repairs forthwith.
Upon motion it was
RESOLVED: That the Superintendent of Highways be
authorized and directed to purchase the required amount of
reinforced concrete pipe, size 8" at the price of 60 cents
per foot and size 12" at a price of $1.00 per foot, necessary
to do the work in the Woods of Larchmont, and in Chatsworth
Heights for street crossings.
Superintendent of Highways asked to be authorized
to purchase necessary cinders for road work. Upon motion
the Superintendent of Highways was authorized to purchase
the necessary amount of cinders required for road work at
a price of $.50 per cubic yard F.O.B. Larchmont.
Superintendent of Highways asked authority to purchase
four cars of 1-1/2" crushed stone necessary for road work.
He reported that he had bids from Connecticut Quarry Company
at $1.90 per ton and from T. Callahan. Upon motion the
Superintendent of Highways was authorized to purchase 4 carloads
of 1-1/2" crushed stone. He also requested authority to pur-
chase two cars of Screenings from Connecticut Quarry Company
at $1.10 a ton, F.O.B. Quarry. Upon motion the Superintendent
of Highways was authorized to purhcase 2 carloads of Screenings
at $1.10 per ton F.O.B. Quarry.
The matter of the Culvert crossing Edgewood Road, also
the question of the drainage of the brook crossing Myrtle Avenue
in proximity to the Weaver Street Fire House, was referred to
the Supervisor and Superintendent of Highways to investigate
and report at the next meeting of the Board.
Mr. Gamble reported on his trip to Albany in connec-
tion with the Westchester Street Railroad hearing, before the
Public Service Commission, 2nd District. Upon motion the re-
port was received and the action of Counsel taken at the meet-
ing approved. Counsel presented a Resolution approving the
Zoning Plan and amending the franchises for a period of one
year from the date of approval of the Public Service Commis-
sion of the proposed Zoning Plan. Upon motion it was
RESOLVED,
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 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 investigation 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 way; 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
advertised 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 Joint 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 franchises
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 cents (5¢) as provided under said fran-
chises, from the 10th day of June, 1918, to and including the
31st day of July, 1918; and
WHEREAS, the said investigation by the Public Service
Commission, Second District, was not made within the period
for which the aforesaid modification was granted due to dif-
ference between the City of White Plains and the Public Ser-
vice Commission, Second District, which differences were set-
tled and said investigation was undertaken about August 1st,
1918; and
WHEREAS, the Westchester Street Railroad Company claimed
that it was still operating at a loss and that it was still un-
able to meet operating expenses even with the increase of fare
heretofore temporarily granted, and that it would be impossible
to operate its railroad unless relief was granted during the
pendency of said investigation; and
WHEREAS, the Town of Mamaroneck did thereafter by resolu-
tions again temporarily modify the franchises or consents here-
tofore granted by said Town to the Westchester Street Raikroad
Company, its predecessor or predecessors and accepted by said
companies so as to permit the Westchester Street Railroad Com-
pany to charge a rate of fare of seven cents (7¢) instead of
five cents (5¢) as provided under said franchises, from the
first day of August 1918 to and including the 30th day of
September 1918, and from the 27th of November 1918 to and in-
cluding the 31st day of December, 1918 respectively, and from
the 28th day of January 1919 to and including the 28th day of
February, 1919, were granted; and
WHEREAS, said aforesaid modifications upon the express
condition that they were temporary only and should expire on
July 31st, 1918, and September 30th, 1918 and December 31st,
1918 and February 28th, 1919 respectively, 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 modifications being granted
without prejudice to any rights of the Town of Mamaroneck in the
premises and were in no way to be construed as an approval of
said proposed increase of fares; and
WHEREAS, the aforesaid investigation by the Public Ser-
vice commission, Second Department, was completed and embodied
certain reccomendations to be carried out on the part of both
parties, and it is necessary that the same be worked out along
lines that will be mutually advantageous to the Railroad and
to the Municipalities interested therein, which negotiations
are now being carried on; and
WHEREAS, the four temporary modofications of the franchises
herein granted allowing an increase of fare have expired and the
Company still claims that it is operating at a loss and is unable
to meet its operating expenses and must have additional revenue
and made application to the Town of Mamaroneck for relief; and
WHEREAS, the Westchester Street Railroad Company has
prepared and presented to this Board a proposed Zoning Plan
for said Railroad whereby the rate of fare in the Town of
Mamaroneck will be five cents (5¢) as provided under the
franchises, but whereby an increased fare will be charged
to and from White Plains and other Municipalities, the basic
principle of said Zoning Plan being that a five cent fare
will be charged in each municipality but that an increased
revenue will be obtained by said Railway by increased
number of Zones now in effect under the present franchises;
and
WHEREAS, this Joint Town Board did on Febryary 27, 1919
pass a Resolution informally approving of the aforesaid Zoning
Plan as presented, but which Resolution modofied in no way or
amended any existing franchise of the Westchester Street Rail-
road Company in the Town of Mamaroneck; and
WHEREAS, The Shore Line Electric Railroad Company which
company is owned and operated by the said Westchester Street
Railroad Company, operates within the Town of Mamaroneck under
a certain franchise granted by the said Town and dated June 26,
1913, under the terms of which franchise the said Shore Line
Electric Railroad Company uts successors and assigns agrees not
to charge any passenger a fare which taken in connection with
the fare charged by any connecting street surface railroad,
shall amount to more than ten cents for one continuous ride
between any point on the railroad contructed pursuant to
said consent and any point east of the tracks of the New York
Central & Hudson River Railroad Company in the Village of
White Plains on any road, line or branch operated by any such
connecting street surface railroad to which consent the New
York & Stamford Railway Company and the said Westchester
Street Railroad Company were likewise bound by agreement;
THEREFORE, BE IT RESOLVED, that the franchises or
consents heretofore granted by the Town of Mamaroneck to
the Westchester Street Railroad Company, and the Shore Line
Electric Railroad Company, their 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 and the Shore Line Electric Railroad Com-
pany to put into effect and operation the Zoning Plan as
presented by the petition to and at the formal hearing there-
on before the Public Service Commission, Second District, of
the State of New York, on March 14, 1919, to which reference
is herein made and made a part hereof, instead of the fare
provisions provided for under said franchises for the period
of one year, such increase to be entirely used for the benefit
of the lines of the Westchester Street Railroad Company and
theres lines only; and
BE IT FURTHER RESOLVED that this modification is
granted upon the express condition that the rate of fare to
or from any place within the Town of Mamaroneck will be five
cents (5¢) (the rate of fare allowed under said franchises)
and a rate of fare of fifteen cents (15¢) from any point in
the Town of Mamaroneck to any point in the City of White
Plains, from any point in the City of White Plains to any
point in the Town of Mamaroneck; and
BE IT FURTHER RESOLVED that it is expressly understood
and agreed that the obligations of the aforesaid Companies
under the consents heretofore granted are hereby modified and
released only to the extent herein provided and that there is
no modification or change in any of the transfer priveleges
under the aforesaid franchises which shall remain in full
force and effect and subject to the same covenants and con-
ditions as provided under the aforesaid franchises; and
BE IT FURTHER RESOLVED that this modification is grant-
ed upon the express condition that it is temporary only and
will continue for the period of one year only, from the time
it is legally put in force and effect as directed by the
Public Service Commission, Second District, and that at the
expiration of that time tie modification herein granted shall
automatically cease and determine without an order or any
action whatever upon the part of the Public Service Commission,
Second District, or the Town of Mamaroneck or other authority,
and the aforesaid 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 IT IS FURTHER RESOLVED that this modification is
expressly given subject to the a proval of the Public Service
Commission of the State of New York, Second District;
AND IT IS FURTHER RESOLVED that this Resolution or
the modification of the aforesaid franchises herein granted
shall not be binding on the Town of Mamaroneck or put into
operation unless the same is duly accepted by said Westchester
Railroad Company, passed and adopted and an instrument
of acceptance duly executed by said Westchester Street Railroad
Street and delivered to and accepted by the Joint Town Board
of the Town of Mamaroneck; and
BE IT FURTHER RESOLVED that this modification is made
without prejudice to any rights of the Town of Mamaroneck in
the premises.
Upon motion the meeting adjourned, at 12 P.M.
Town Clerk