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HomeMy WebLinkAbout1925_12_09 Town Board Minutes (2) 5 VEMEELTING OF THE JOINT TOV:N BOARD TO'N CF KAMARONECK held December 9th,1925. The meeting was called to order by Supervisor Burton at 9:40 o'clock P.M. PRESETT: Supervisor Burton Justices Boyd, Collins and Shafer Superintendent of Highways Coles Torn Clerk Sherman Counsellor Gamble. It was voted that the minutes of the meeting of November l8th,1925 be approved. A communication from the Westchester Lighting Company was received and read, acknowledging the receipt of a resolution requesting the installation of gas mains on Chatsworth Avenue from Glen Road to sorest Avenue and advising the Board that due to the prohibitive cost of this extension, the Company could not comply with the terms of the resolution of the Town Board- The communication was ordered placed on file and the matter referred to the Supervisor. F communication from Mr. H.M. C:illiams with a petition attached signed by the residence and property owners of Hickory Grove Drive, was received and read, requesting the installation of gas mains on Hickory Grove Drive,L arcl�ont Gardens, for a distance of seventy-five (75) feet. The communication and petition were ordered j placed on file and the matter was referred to the Super- visor. A communication from 17ajor Emil Leindorf, on behalf of the corporation to be organized, was received and read, offering to install and operate an emergency system of buses for passengers and their baggage on ninety (90) day permits. The communication was ordered placed on file and the matter was laid over for future consideration. Upon the recommendation of the Superintendent of Highways, it was resolved: 7HF; A.S, the A -ericar. Telephone and Telegraph Company has applied to the Town Board of the Town of Diamaroneck,7estchester County, New, York, for permission to construct and lay lines of electrical conductors underground in the said Town of 1,1amarcneck, Westchester County, New York. 7 NOW, T='ORE, BE IT RESOLVXD, that permission is hereby granted to the American Telephone and Telegraph Company its successors and assigns, to construct and lay lines of electrical conductors underground in the Torn of Mamaroneck, by acquiring, occupying and using, with its conductors, calbes and other appliances, such portion of the under- ground telephone and telegraph conduits, lines and system of the New York Telephone Con-oany, its successors and assigns, now in place or hereafter constructed as the said American Telephone and Telegraph Connany, its successors and assigns may require in the prosectuion of its business, upon such terms as nay be agreed upon between said Companies, their respective successors and assigns,, and be it FURT=P RESOLVIED, that the kmerican Telephone and Telegraph Company, its successors and assigns, shall at all times fully indemnify, protect and save harmless the said Town of Mamaroneck from and against all actions, claims, suits, damages and charges, and against all loss and necessary expenditures arising from its negligence in connection with the use or maintenance of any and all of the underground_ telephone and telegraph conduits and system acquired by it as c.foresaid,,, and be. it F'URT= RESOLVED, that nothing herein contained shall be construed as extending any of the rights or impairing any of the obligations of the New York Telephone Company under any franchise heretofore ;ranted to said company or its predecessors and be it F'URTRM R.ES'01=, that nothing herein contained shall be construed as in any way granting to the American Telephone and Telegraph Company, its successors and assigns, the right to construct and lay any new lines of electrical conductors, conduits, cables, lines and/or other appliances underground or otherwise, or to alter any streets in the Town of lmlanaroneck, without the consent of the Town of Mamaroneck first had and obtained; and be it 1URT= RFSOLVED, that this consent is granted by the Tmna of Mamaroneck, sub,;ect — to the consent of the Ivev<- York Telephone Con-pany, its successors and assigns, granting permission to said ?-rierican Telephone and Telegraph Company for the transfer herein provided for; and be it nRTH----',? RK•SOLVED, that the Touvn of Maraaro- neck reserves to itself the right to rescind and revoke this resolution at any time by giving the American Telephone and Telegrar.,'_r. Company thirty(30 days notice i in writing of the revocation and cancellation thereof, in the event that the American Telephone and Telegraph Company, its successors and assigns, does not carry out all of the terms and conditions of this consent and the aforesaid franchise of the 'New York Telephone Company, its successors and assigns, and be it FURTHER =--SOLVED, that any approval by the ?ublic Service Cor=ission of this consent shall be subject to all rights of the Town of Mamaroneck in the premises and shall in no way now or hereafter be construed by the -American Telephone and Telegraph Company, its successors and assigns, and/or the lIew York Telephone Company, its successors and assigns, or the Public Service Commission as a waiver of any rights or otherwise now held by said Town under its franchise, and be it FbiRTH-HER R-SOL7TED, that this consent is made and accepted by the New York Telephone Comr„any, its successors and assigns, witkcut prejudice to any of the rights of the Town of Yamaror_eck in the premises and shall in no -way abrogate, waive or modify any of the terrns, conditions, restrictions or limitations of the afore- said franchise of the New York Telephone Company, except to the extent hereinabove P-0 Upon motion. tk Y �gtiri ad T.v at 1 A, u7. 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