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HomeMy WebLinkAbout1930_12_09 Town Board Minutes ri SLCIAL METING OF THE JOINT TOWN BOARD TOWN OF KkUAROFECK, N. Y. held December 9th, 1930- i The following members were present: William A. Boyd g William D. Leeds Justices of the Peace Wesley U. Messersmith John L. Coles, Superintendent of Highways Walter R. Marvin, Jr., Town Clerk The presence of Frank M- Gagliardi, Special Counsel, was also noted. In the absence of Supervisor Burton, on motion, duly made and seconded,. Justice Boyd was selected to act as Chairman of the meeting. Justice Boyd took the chair and stated the purpose of the meeting. The chair reauested the Clerk to read the call of the meeting. The Clerk aid so, and on motion duly made and seconded the call was approved. I Thereupon, the chair stated that the Board would be glad to hear anyone in regard to any matter relating to the proposed enlargement of the sidewalk district As none of those present. expressed any desire to address the Board in regard to the proposed enlargement, the Board proceeded to consider the matter before it and after consider- ation, on motion made by Justice Leeds, seconded by Justice Me'ssersmith, the hearing was closed. "Thereupon, on the recommendation of Superintendent of Highways Coles the following was offered for adoption by Justice Messersmith and seconded by Justice Leeds: W11F,REAS, by an order dated November 27th, 192a, this Board after a public hearing held pursuant to the provisions of Section 250 of the 7-own Law, duly creatted and established a sidewalk district within the boundaries described in said order, designated therein as Weaver Street Sidewalk District No. 1 of the Town of Mamaroneck, New York;. and WHEREAS, this Board deems it necessary and proper to extend the boundaries of said sidewalk district so as to include the lands and premises hereinafter described,, which are situated entirely within the unincorporated part of said Town outside of the Villages of Mamaroneck and Larchmont and which are sho, Fn an a certain map entitled 'lUap_ of proposed extension of Weaver Street Sidewalk District No. 1, in the Town of Xamaroneck, Westchester County, New York't made by A. T. Foote Engineering Gorparation dated June, 1930 and filed in the office of the Clerk of said Town, to the end that the comfort, convenience and safety of the within the persons residing proposed extension may be promoted; and duly WHEREAS,, by resolution/adopted on November 12, 1930, this Board directed that a public hearing be held by and before this Board on December 9,. 1930,, at 8:15 otclock k.1L at the 'Own Rooms, No. & Flm Street in the Village and Town of Mamaroneck,. pursuant to the provisions of Article 11-a of the Town law and of Chapter 470 of the Zags. of 1926 as amended, for the parpoee o�f hearing all persons- who might appear and desire to be heard in respect to all matters relating to the extension of said sidewalk -- district;. and AREAS, it appears to the satisfaction of this Board that notice of such hearing ha-been duly given and published according to laver; and WHEREAS, this Board has met and convened for the purpose aforesaid at the time and placa stated in said notice; and Tn7FIEREAS, no one appeared in opposition to scicl Proposed enlargement; and WHEREAS, it appears to the. satisfaction of this Board that all the property within the boundaries described in the aforesaid resolution of November 12, 1930, and which is hereinafter described,, will be benefited by the extension of said sidewalk district and that no property other than that embraced within the. aforesaid boundaries will be benefited by the proposed improvement; now therefore it is 'QRDRFfM,- that Weaver Street Sidewalk District No. I of the Town of Mamaroneck, New York, be and hereby is d.ccordingly extended so as to include- therein the following described premises. ALL- that tract of land situate, Tying and being in the Town of Mamaroneck, County of Vestchester and State of New York, bounded and described as follows. BEGINNING at a point in the easterly line of Murray Avenue where the same would be intersected by the southerly line of the Cross County Parkway and running thence southerly along the westerly boundary of the Weaver Street Sidewalk District No. l as shown by Map bearing the following title 'Xap of Weaver Street Sidewalk District No. 1, in the Town of Mamaroneck, Westchester County, New York,," made by the A. T. Foote Engineering Corp. dated 0`ctober 21, 1918.; running thence as fallaws: southerly along the easterly line of Murray Avenue to the northerly iine of forest Avenue; thence easterly along the northerly line of Forest Avenue to a point where the same would be intersected by line parallel with and 1.00 feet" westerly from the westerly line of Daymon Terrace (Senate Terrace); thence southwesterly by a line along the rear of lots lying between Kurray Avenud and Senate Terrace, as as shown on "I&ap of Colonial Park filed in the Regist.erts office, August 3, 1906, on pa#e 21, Volume 23., said line being 100 feet westerly from and parallel to the westerly line of➢aymon Terrace (formerly Senate ITerraceT to the northerly line of Colonial Avenue; thence crossing Goibnaal Avenue to the southerly line of Colonial Avenue by line at right angles to the line of Colonial Avenue; thence westerly along the southerly line of Colonial Avenue to the easterly line of Murray Avenue; i I� thence southerly along the easterly line of -iiiurray Avenue to the notherly line of Homer _`venue; thence easterly along the northerly line of Homer Avenue to a jDaint where the same ;could be intersected_ by the -esterly line of Orsini drive ; thence southerly al0ina' the west=rly line of Orsini Drive to the northerly line of Maple Hill Drive; thence vresterly along the northerly line of haple -rill Drive to the easterly line of i'mers,on :"-oad; thence souath=rly along the easterly line of 7merson road to the northerly line of •dgevreod_ Avenue ; thence easterly along the northerly line of Zdgeuood venue to a point ,ihere the s�,­e oovld be intersected by the easterly line of Taylor Place; thence southerly along the easterly line of Taylor Place to the northerly line of L yrtle 'svenue; thence easterly along the northerly line of T:'yrtle :',venue to a point where the same mould be intersected by the :,resterly line of Thomy,,son street; thence southeasterly along the westerly line of Thompson Street to the southerly line of Laurel Avenue; thence westerly along the soutEnrlV line- of Laurel avenue, I)roduced to the `LOV,`n of Tla..,naroneek Sever F,asenient; thence southeasterly along the Town of ua=roiieck Sewer Masement to the northerly line of the New York, New Haven and Hartford Railroad which point is the northeasterly corner of the Village of Larchmont; thence southwesterly along the northerly boundary line of the Village of Larchmont to a point 100 feet_ southwesterly from the vresterly line of Chatsworth Avenue; thence northwesterly along the line parallel ;'rith and 100 feet westerly from the westerly line of Chatslrorth Avenue to the northerly line of Tlladison Streets thence westerly along the rear of Lots 17 to 33, inclusive, Block 203, and also along the rear of hots 18 to 25, inclusive, 31ock 201, on the 11I1ap of Larchmont Fills, Subdivisions 2 and 3;1' to the southwesterly corner of Lot 18, Block 201, Larchmont Mills; thence westerly along the southerly line of prop- erty now or formerly of John 1. Lambden to the boundary line between To ,n or ?'Dmaroneck and the City of New Rochelle; thence northerly along said boundary line to the southerly line of Cross County Parkway; thence easterly along said southerly line of Cross County Parkway to the easterly line of L-urray ;`venue, the point or place of 3FGIATrT3UTG. ALSO ALL that tract of land situate, lying and being in the Tc-mo of Yamaronec'h, County of :lest ehester, State of New York, bounded and described as follows: Bl'GIT1?LTG at a point in the northerly line of Pa.Lner -1.venue, where the same is intersected by the boundary line bets;,een the Village oflarchrnont and the Town of 1=amaroneck and running thence the follo,.r- ing courses; easterly along the northerly line of Palmer Avenue to the boundary line between the iotrn and Village of liamaroneck; thence southerly along the boundary line between the Toi-rn and Village of Hamaroneck to a point in the mean highwater line on the southerly side of Pa3.mer Homtmocks; thence westerly and northerly along the mean UcEhlaater_line of Palmer Ho=. ocks; to the center line of East Creek; thence northeasterly,- northerly and northeesterly along the center line of mast Creek and the boundary line between the Village of Larch- mont and the Torn of Tiamaroneck to the scutherly line of the Roston Yost Road; thence continuing northwesterly along the boundary line between the Village of Larchmont and the Town of Hamaronec'�: to the northerly line of Palmer Avenue, the point or place of BzGzjjriTT'iTG. Both of the above tracts of land are shovrn on a certain reap entitled FclrIRp of Proposed E ter_sion of leaver Street Sidewalk District vod 1, in the Tovan of I'damaroneck, i"estchsster County, i?.Y."' made b A. J. Foote -engineering Corporation, dated June, 1930 and filed my the office of the Town Clerk of said Town. The question of the adoption of the foregoing resolution uras put to a vote which resulted as follows.- Ayes; 4 Noes: None The chair declared the resolution duly adopted. I A claim was received from W. E. utconnor, 134 Harmon Drive, Larchmont, in the sum of 6--00.€10 for alleged damages caused by Contractor when putting down new roadway on Harmon Drive. The matter was ordered referred to Counsel. The Clerk reported that he had made a formal request upon the authorities of the City of New Rochelle as directed by the Board at its meeting on December 3rd to permit the town to use two hydrants an the New-Rochelle Mamaroneck boundary line. He thereupan read the following communication. December 6, 1930. Walter R. Marvin, Jr. Esq., Town of Mamaroneck Siz Elm Street Mamaroneck, New York Dear Sir:- Enclosed herewith, please find a copy of a report submitted by the Water and Fire Hydrants Committee, and duly adopted and approved by the Council at a meeting held December 5, 1930. This report gives your Town the necessary permission to use the two hydrants for fire protection when necessary. Yours very truly Eugene M. Heiney City Clerk - December 5, 1-930 The Honorable Council City of New Rochelle-, Sirs: The `Down of Mamaroneck has reauested this City, through the Ilayor4 for permission to use two hydrants in the City of Drew Rochelle near the Tocvrn line, and he has referred this matter, to the Water and Fire Hydrants Committee. rt appears that the Town of Mamaroneck is installing new water mains, but until said mains are in service the section of the town at- the Boston Post Road will not have sufficient water for fire protection, and the Board of Fire Underwriters have demanded better water facilities. Your committee has taken up this matter with. the Chief of the Fire Department and with the New Rochelle Water Company. The Water Company has answered that they will be glad to cooperate with the Town of Mamaroneck in this matter, and that they have no objection to use of these hydrants by the Town. The Fire Chief has also stated that there would be no objection to the uxe of the hydrants by Mamaroneck. rt is therefore,. recommended that your Honorable Body approve the use of the hydrant on Boston Post Road located two hundred feet from the corner of Dillon Road,, and the hydrant on Chester Place about two hundred feet from Dillon Road, by the Torn of M-a aroneck for fire purposes.. RESPECTFULLY SUBMITM WATRR AND F= HyDPAN:ii:S CO=TTFE I The communication was ordered received, placed on file and entered in the minutes in full and the Clerk was directed to acknowledge it with thanks. The Clerks presented and read to the Board a letter from Ear. MacDonald-, the County Engineer, advising that bids for the reconstruction of the Boston Post Road through the Town of Mamaroneck were to be received by the State Highway Commissioner an December 19th and requesting. the Town of Mamaroneck to deposit with the State Comptroller the estimated share of the construction cost to the Town of Mamaroneck, to wit, $28=200, so there would be no delay in awarding the contract The Supervisor stated that this Board had heretofore appr- oved of the reconstruction of the Boston Past Road having adopted preliminary and final resolutions and now that said contracts were being advertised for bids, the Board should appropriate the sum. of 128,200. the amount requested by the County Fngineerrs office and being the estimated share of the Town and should auth- orize the Supervisor to deposit; same with the State Comptroller. Counsel recommended that the Board authorize the Supervisor to issue a certificate or certificates of indebtedness in the amount of not to exceed $28,200. the proceeds of which certificate shall be applied in payment of the cost of reconstr- uction of said Boston Post Road. And that it further authorize the Supervisor to deposit with the State Comptroller the said sum of 028,200. as requested by the County I'ngineer pursuant to the estimate of the cost of said construction, which payment must, be made prior to the awarding of the contract, Thereupon, on motion by Justice Nessersm ith, se.donded by Justice Leeds, it was upon roll call unanimously I RYS03,VETD, that the Supervisor be and he hereby is authorized and empowered in accordance with the Highway Law constituting Chapter 25 of the Consolidated Laws of the State of New York, the Town Law constituting Chapter 62 of the Laws of the State of New York, and the General. Municipal Law constituting Chapter 2.4 of the Consolidated Laws of the State of New York,, to borrow upon the faith and credit of the Town of Mamaroneck the sum of not to e=xceed $28,200. and to issue a temporary Certificate or Certificates of Indebtedness in said amount'., which shall bear interest of not to exceed d% per annum payable at such time or times as the Supervisor may advise, not exceeding, however, 18 months from the date thereof and to sell and dispose of such Certificate or Certificates of Indebtedness for not less than the par value thereof, the max- imum of said amount of such Certificate or Certif- icates of Indebtedness to be hereafter refunded by the issuance and sale of bonds; further RESGL�`D, that such Certificate or Certificates of Indebtedness shall be in substantially the follow- ing form: i i 2 UNITED SLATES OF LU&RICA S&TF OF NEW YORK COUNTY OF WF-STCH2,STER ZO'd'N OF iuiA ZZ RONECK Gertificate of Indebtedness Issued in anticipation of the sale of highway bonds to pay for that portion of the cost of reconstruction of the Boston Post Road improvement through the Town of Mamaroneck, which is chargeable against the Town of Mamaroneck as provided by the Consolidated Navas of the State of New York.. BTa. B.F.R. The Town of Namaroneck, in the County of Westchester, a municipal Corporation of the State of New York, hereby ack- nawledges itself indebted and for Value received promises to pay to bearer hereof, or, if the same be registered to the registered holder, the sum of ($ Dollars lawful- money of the United States of America, with interest thereon from date at the rate of four- and one quarter (4 ) per centtm- per annum, both principal and interest being payable in lawful money of the United States at the office of Hannahs, Ballin & Lee, New York City. This Certificate of Indebtedness is issued pursuant to the provisions of the Highway Lave constituting Chapter 25 of the Consolidated Laws of the State of New York and the General. Municipal Law of the State of New York, and the Town ?law constituting Chapter 62 of the Gonsolidated Laws of the State of New York, and in strict compliance with the Constitution and Statutes of the State of Neva York and by virtue of a resolution of the flown Board of the 'Tovm of Mamaroneck regularly and lawfully adopted December 9th, 1930. It is hereby certified and recited that all the conditbnsr acts and thugs required by the Constitution and Statutes of the State of New York to exist, to have happened and to be performed precedent to and in the issuance of this Certificate of Indebted- ness exist, have happened and have been performed, and that the issue of Certificates of Indebtedness of which this is one, to- gether with all other indebtedness of said Town of Vama roneck is within its debt and other limits prescribed by the Constitution and Laws of this State. IN l•.IITNFSS WHEREOF, the 'Town of Mamaroneck, through its Town Board has caused this Certificate of Indebtedness to be signed by its Supervisor and the corporate seal of said Town to be hereunto affixed and attested by its Town Clerk, and this Certificate of Indebtedness to be dated this day of; 1931. I Supervisor ATTESE., Town Clerk further =0I M— , that the Town of Mamaroneck hereby covenants to pay the prrripal and interest of said certificate or certificates of indebtedness of the amount herein-aIrove provided as the same shall become due by levying assessments upon property in the loan of Mamaroneck at such time or times and in such amounts as may be necessary to pay said principal and interests further HESOLVF.D, that the Town of Mamaroneck hereby covenants further, in case of a default in carrying out the foregoing covenants, the said Town will raise by taxing all taxable property in said Town of Mamaroneck from time to time the sum or sums sufficient to pay the principal and interest of said Certifif-ate or Certificates of Indebtedness as the same shall become due. TSpon motion duly made and seconded the Board unanimously re solved to adjourn atL TO p`y_ Town Clerk I I j I