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HomeMy WebLinkAbout1926_01_13 Town Board Minutes (2)in =TING OF TIS JOINT TOWN BOA TO72V OF IVLA ARONMCK held Taruaxy 13th, 1926. The meeting was called to order by Supervisor Burton at 9.15 P.Y . PIRESMTIT: Supervisor Burton Sustices Boyd,Collinz,Hoviell & Deeds Superintendent of Highways Coles Town Clerk Sherman Goundellor Gamble. The minutes of the meeting of 'December 26,1925 were read and upon motion_ approved. The Supervisor presented his annual report of Highway moneys for the year 1925, vhich was ordered received noted in the minutes, placed on file and upon motion duly seconded, it was upon Roll Call =-SOLVED,that the annual Highway report of the Supervisor for the year 1925 be and the same hereby is approved; and it is further ZESCI=VY, that the Supervisor is requested and authorized to have the same published in accordance with larr and that the cost thereof be made a proper To-,rx. charge. A communication from the Colonial Park & Neighbor- hood Association_- was received and read, protesting about the dangercus condition on .sorest Avenue between 'Leaver Street and Murray Avenue, and suggesting that the rock on sorest Avenue at that point be. blasted away and the street extended_ to its full width. The coriirani cation was ordered placed on file and the matter xefarred to the Superintendent �f _ Highways . A communication from the Chatsworth Association was received and read calling the attention of the Board to the lata of sidewalks and lights at the intersection of Ghatsworth, Murray and D?,rrtle Avenues. The communicat- ion was ordered. placed on �� lgaasid the matter referred to the Superintendent of HigiTaa.ys. A communication from. the 6estchester Lighting Company was received and read requesting a, written order covering temporary street lights Which were installed on Myrtle Avenue and. Oak Street. The communication was ordered placed on file and the :matter referred to the Superintendent of Highways. A communication from the Union irotor Truck Com- pany was received and read amending their application dated December 4, 1925, for a franchise to operate buses. The corimunication was ordered placed on file and the natter referred to the Committee on Buses.. W, A further application together with a compre- hensive statement in relation to buses was received and read from the "Westchester County Bus System,Inc. The comsnunicetions -were ordered placed on file and the matters contained therein were referred to the Committee on Buses. The question of the appointment of the Super- intendent of High-vays was then taaen up, and upon motion by Justice Boyd seconded by Justice Collins, it was upon Roll Call unanimously RESOL I�-_=_, that John L. Coles be and he hereby is apppinted Superintendent of Highways of the To-wr, of Mamaroneck, pur- suant to Section 41-B of the Highwryy Lau, constituting Chapter 231 of the Laws of 1921, of the State of New York the said appointment being at the pleasure of the Board. Ilse Highway bond of Supervisor Burton in the s.= of 243,000.00 was presented, approved and endorsed by the members of the Town Board, and upon motion duly seconded it was voted that the clerk be and he hereby is authorized and directed to forward copies of the Supervisor's highs -ay bond to the State High -way Department, and to the County Superintendent of righ1ways, and that the original be filed in the office of the Town Clerk. Upon the recommendation of Counsellor Gamble, the following resolution was presented and unanimously adopted: W AS, this Board adopted a resolution on December 9,1925, granting under the terms and conditions therein expressed, to the American Telephone and Telegraph Company permission to acquire and use certain portions of the underground telephone and telegraph conduits of the New YSrk Tele- phone company, and ME�UERS, it is desired to amend the form of said resolution, TPEREFORE, BE IT F 30 1ED, that the aforesaid resolution heretofore adopted by this Board on December 9,1925, be and the same hereby is rescinded. Upon recommendation of the Superintendent of High- -rays, it crwas resolved SAS, the American Telephone and telegraph Company has applied to the Toim Board of the Town of ILama.roneck,West- chester Gounty,New York, for permission to construct and lay lines of electrical conductors underground in the said Town of lliamaroneck, Westchester County,N'ew York. NO-VNr, TTK��FOR.E, 3L IT RESOZ;=, that per- mission is hereby granted to the AWerican Telephone and Telegraph Company, its successors and assigr_s, to construct and lay lines of electrical conductors under- ground in the Town of Tla ,roneck, by acquir- ing, occupying and using, with its con- ductors cables and other appliances, such 113 portions of the underground tele,�hone and telegraph conduits, lines and system of the New York Telephone Company, its successors and assigns, nov in place or hereafter constructed as the said American Telephone and Telegraph Gompanylp its successors and assigns may require in the prasect-tion of its business, upon such terms as may be agreed. upon between said Companies, their respective successors and assigns; and be it FIG TI -Ma SCL',=, that the American Telephone and Telegraph Company, its successors and assigns shall at all times fully indemnify, protect and save harmless the said Town of lrlamaronacLz 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 aforesaid; and be it FUR7kaR RTSCUMID, that noticing herein con- tained shall be construed as extending any of the rights or impairing any of the obligations of the Ney7 York Telephone Com- pany under any franchise- heretofore granted to said Company or its predecessors; and be it IUPLTTMR =-SOL77=, that nothing herein con- tained shall be construed as in any vtiay granting to the American Telephone and Telegraph Company, its successors and assigns, the right to construct and lay any neva lines of conduits underground or other- wise, or to alter any streets in the Town of ArLai:aroneck, vuithout the consent of the To van of Mamaroneck first had and obtained; and be it FURi�z $ MSC%= , that this consent is granted by the Tour, of !Iamaroneck subject to tie consent of the New York Telephone Company its successors and assigns, granting permission to said .American Telephone and Telegraph Company for the transfer herein provided for; and be it FUPT= FESOu7:11D, that the Town of Yamaroneck reserves to itself the right to rescind and revoke this resolution at any time by giving the American Telephone and Telegraph Company thirty(30) days notice in vz iting 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 Hew York Telephone Com-Dany, its successors and assigns; and be it FURTI= IL+•SOLVE-D, that any approval by the publicService Commission of this consent shall be subject to all rights of the Tovrn of Yamaroneck in the premises and shall in no v,ay M now or hereafter be construed by the American Telephone and Telegraph Coinoany its successors and assiEns, and/or the New York Telephone Company, its successors and assigns, or the Public `3ervice Commission as a waiver of any rights or other*:rise now held by said Town under its franchise; and be it FUR= !MSC7TMEM17, that this consent is made and accepted by the New York Telephone Company, its successors and assigns, without prejudice to any of the rights of the Town of Mamaroneck in the premises and shall in no way abrogate, waive or modify any of the. terms, conditions, restrictions or Zimi_ tations of the aforesaid franchise of the New York Telephone "Corzpany, except to the extent hereinabove provided. IIpfln motion duly seconded, the meeting adjourned at 10.110 2.M. Town Clerk.