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HomeMy WebLinkAbout1923_02_14 Town Board Minutes (2) Meeting of the joint Town Board TOWN OF MAMARONECK held February 14th, 1923. The meeting was called to order by Supervisor Burton. at 9.30 P.M. PRESENT: Supervisor Burton Justices Boyd, Collins, Dudley, Shafer Superintendent of Highways Anthes Town Clerk Sherman Counsellor Gamble. Upon motion duly seconded, it was VOTED that the minutes of the previous meeting be approved as printed. Report of the Superintendent of Highways for the month of January 1923 was received, read, ordered placed on file and is as follows: Feb. 14th, 1923. The Honorable Town Board, Town of Mamaroneck, Mamaroneck, N.Y. Gentlemen: I herewith submit my report as Superintendent of Highways for work performed by me in this department for the period extend- ing from January 1st, 1923 to January 31st, 1923, as follows: Cleaned out all catch basins. Removed snow and ice from sidewalks and streets. Respectfully submitted, FREDERICK ANTHES. Communication was received from Mr. Anthes which was read, ordered placed on file and is as follows: OFFICE OF SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF MAMARONECK. Mamaroneck, N.Y. Feb. 14th, 1923. To the Members of the Town Board of the Town of Mamaroneck. Gentlemen: Owing to the fact that under the present compensation allowed by law, which is below what I can earn in business for myself, and to which I wish to return. I therefore herewith present my resignation as Super- intendent of Highways of the Town of Mamaroneck to take effect on March 1, 1923. Kindly consider this resignation in the light of fair- ness both to myself and the Town of Mamaroneck. I want to be frank and say that the compensation paid is far below what I can March 1st. Yours very respectfully, FREDERICK ANTHES Superintendent of Highways Town of Mamaroneck, N.Y. Upon motion duly seconded, it was VOTED that action upon the resignation of Mr. Anthes be laid over for consideration until the next meeting. The following resolution was offered by Justice Shafer, seconded by Justice Collins: WHEREAS, the joint Town Board of the Town of Mamaroneck, New York, by resolution duly adopted at their meeting held on August 15, 1922, did determine to pave and other- wise improve with concrete pavement that portion of Palmer Avenue which lies be- tween Weaver Street and the easterly line of t of the Village of Larchmont, in said Town, a distance of 0.26 miles, in accordance with certain plans and specifications drawn and prepared therefor by the County Superintendent of Highways of Westchester County, which had theretofore been approved by the said joint Town Board; and WHEREAS, the New York and Stamford Railway Company has its tracks located upon and along said Avenue and is obligated under the law to pay for the pavement between its rails and 2 feet outside thereof; and WHEREAS, the Supervisor did thereafter cause a notice of such action taken by the joint Town Board, as aforesaid, to be served upon the New York and Stamford Rail- way company, requiring said Company to pave that portion of said Palmer Avenue which lies between the tracks and 2 feet outside thereof pursuant to the provisions of Section 178 of the Railroad Law and Section 142-a of the Highway Law of the State of New York; and WHEREAS, the said Railway company, through its counsel, has notified the Supervisor that it is without the necessary funds to pay for said improvement at the present time, but expressed its willingness to enter into an agreement with said Town having the effect of paying the cost thereof chargeable to said Company in five instalments, running over a period of five years, each payment to be approximate- ly one-fifth of the total amount of said cost including at the same time of each of said payments, as made, interest on the unpaid balance of said principal at the rate of 5% per annum; and WHEREAS, the said improvement was com- pleted on or about November 15, 1922, and the share of the cost thereof chargeable to said Railway Company has accordingly been computed by the County Superintendent of Highways at the sum of $4,079.35; and WHEREAS it is the sense of this Board that the best interests of the Town will be sub- served by entering into an agreement with said Railway Company providing for the pay- ment of the said sum of $4,079.35 in five annual installments, each instalment to be approximately one-fifth of the total amount of said indebtedness, with interest on the unpaid balance of said principal at the rate of 5% per annum to be paid with each instal- ment rather than recover the aforesaid amount from the said Railway Company by litigation, NOW THEREFORE, be it RESOLVED that the Supervisor be and hereby is authorized and empowered to enter into an agreement with the said New York and Stamford Railway Company, which shall pro- vide for the repayment of the sum of $4,079.35 so advanced for said improvement by said Town of Mamaroneck in five instal- ments, running over a period of five years, each payment to be approximately one-fifth of the total amount of said indebtedness, including at the same time of each of said payments, as made, interest on the unpaid balance of said principal at the rate of 5% per annum. Upon motion the meeting adjourned at 9.45 P.M. Frederick M. Sherman Town Clerk.