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HomeMy WebLinkAboutMN-CC-1941 2 3e COMM-ON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 5:00 P. M. January 2, 1941 PRESENT Mayor - Campbell Aldermen - Mazza, Stephens, Barns, ,Shurger, Leachtneauer, Vail, Adams, Gibb Supervisor - Shoemaker Attorney - Thaler Clerk - Springer Chamberlain - Snyder City Engr.-Acting Supt. of Public Works - Marble MINUTES 'Minutes of the preceding meeting were duly approved. DEPUTY SEALER OF WEIGHTS & MEASURES A delegation of local coal dealers appeared and requested the Council to appoint a Deputy Sealer of Weights & Measures to assist in checking coal deliveries in the City. Mr. John Egbert, spokesman of the delegation, stated that the dealers will guarantee to reimburse the City for the salary paid the Deputy, and that such an appointment can be made subject to Civil Service regulations. By Alderman Adams, seconded by Alderman Gibb: Resolved, that the request be referred to the City Attorney for study and report to the Council. Carried. CITY CHAMBERLAIN APPOINTMENT Mayor Campbell announced it would be in order at this time for the Council to appoint a City Chamber- lain in accordance with the provisions of the City Chart-ec. . By Alderman Barns, seconded by Alderman 11azza: Resolved, that Clarence A. Snyder be appointed City, Chamberlain for the ensuing term of one year. There being no further nomina- tions, the motion was unanimously carried. APPOINTLENTS Mayor Campbell announced the foliowing nominations for the Council 's approval: Acting City Judge L. H. Mintz 1 year Comm. of Public Works Albert A. Ward 6 years " it welfare Alvah D. Terry 6 years Board of Health Arthur A. Cross 3 years If " if Henry A. Carey 3 years " Sinking Fund William H. Burns 3 years By !alderman Leachtneauer, seconded by Alderman Stephens: Resolved, that all the persons hereinabove nominated by the I:ayor be and they hereby are approved and appointed to fill the various offices set opposite their respective names for the speci- fied term. Carried. ASSESSOR & BLDG. COMMISSIONER Mayor Campbell announced that the offices of Assessor and Bldg. Commissioner have been consolidated and asked the Council to set the salary. He reported that the present salary of the Assessor is $2, 000. per year and $1, 200. for the Bldg. Commissioner, while the combined salary was formerly $3, 000. By Alderman Adams, seconded by Alderman Shurger: .: , Resolved, that the salary of the City Assessor be and the same hereby is fixed at $1, 500. annually, making a total salary of $3, 000. for the position of Assessor and Bldg. Commissioner. Carried. APPOINTMENTS Mayor Campbell announced the following appointments for the Council 's approval: Assessor Henry C. Thorne 3 years Examining Bd. of Electricians S. E. Norton 3 years If " it Plumbers Frank A. Bangs 3 years Commissioner Planning Board William A. Dillon 3 years lt if it John F. Geherin 3 years Bd. of Appeals on Building Code John V. Leonard 3 years Bd. of Zoning Appeals Richard E. Metzgar 3 years " It " " V Leonard John V. eonar 3 years J. Arthur Noble 3 years a3 6 Common Council -2-- January 2, 194.1 By Alderman Adams, seconded by Alderman Barns: Resolved, that all the persons hereinabove appointed by the Mayor be and they hereby are approved, to fill the various offices set opposite their respective names for the specified term. Unanimously Carried. STANDING COMMITTEES The mayor announced that any changes in the standing committees will be announced at a later meeting. REGULAR MEETING DATE By Alderman Adams, seconded by Alderman Leachtneauer: Resolved, that the regular meetings of this Board be held on the first Wednesday of each month at 55:00 P.M. in the Council chamber, City Hall. The following amendment was offered and voted upon: By Alderman Gibb, seconded by Alderman Mazza: Res,Dived, that the regular meetings of this Board be held on the first Wednesday of each month at 7: 30 P.1.2. in the Council chamber, City Hall. Ayes - 2 Nays - 7 Motion Lost. The original motion was voted upon with the following results: Ayes - 7 Nays - 2 Carried and Approved. OFFICIAL PAPER By Alderman Barns, seconded by Alderman Gibb: Resolved, that pursuant to Section 232 of the Ithaca City Chartez the Ithaca Journal be and hereby is designated as the official paper. Carried. 1941 DEPOSITORIES By Alderman Barns, seconded by Alderman Vail., Resolved, that pursuant to the provision; :f Section 33 of the Ithaca City Charter, the following official depositories be approved and designated for the current year: Tompkiils County Trust Co. Ci ,y of Ithaca - General Fund Water Fund Workmen 's Comp. Reserve (nit. ) General Ins. " " Utility Tax Fund " Bd. of Fire Comm. V. V. Fire Assoc. ( Int. ) Firemen's Relief Fund " Nellie H. Ogden (Trust ) " Avis Carey " " Storms Cemetery Fd. " it Sinking Fund Ithaca Savings Bank City of Ithaca - Fire Comm. Rel. Fund (Int. ) Bd. of Fire Comm. V. V. Fire Assoc. (Int. ) Cemetery Trust Funds " 0ld Awe Sec. (Trust) (G.R.Green) " It n 11 F. Phillip) " Ella Hawes (Trust) (Int. ) Kate L. Korts it " John Keefe it " ``"`' Cora E. Keefe " '+ Hillick Cemetery Fannie J. Jehu " First National Bank City of Ithaca - Bd. of Education General Fund Bd. of Education Real Estate Bd. of Education Nat 11 Defense Fed. Voc. Educational Fund Bd. of Fire Comm. Trustees Fire Rel. Fund Anna P. Thomas (Trust) (Int. ) Sinking Fund Parking Meter Fund 23 Common Council -3-- January 2, 19+1 PUBLIC OFFICIALS ' BONDS By Alderman Barns, seconded by Alderman Gibb: Resolved, that pursuant to the provisions of Section 11 of the Public Officers Law and Section 210 of the Ithaca City Charter, the following bonds on file in the office of the City Clerk are hereby in all respects approved for the year 1941 : Name Title Amount Number Wm. H. Burns Sinking Fund Comm. $1, 000. #225526 Albert G. Stone " " it 1, 000. 210217 LaVere Robinson " It it 1, 000- 1915+3 Floyd H. Springer City Clerk & Registrar 2, 000. 225512 Geo. A. Blean Dep. City Clerk 2) 000. 225520 Alice E. Haywood Clerk-City Clerk 's Office 1, 000. 225513 Roland L. Lamphier 11 " it it 1, 000. 2219 John H. Post Dir. Public Welfare 1, 000 . 225522 Harold M. Lull Asst- to Compt.Welfare Office 2, 000. 225523 John J. Sinsabaugh City Marshall 12000. 225511 Clarence A. Snyder City Chamberlain 25) 000. 22552+ Clarence A. Snyder it it 25, 000. B569051K Adeline C. Lull Clerk & Asst. to City Chamb. 5, 000. 22551+ Maola E. Blean Clerk-City Chamb. Office 5, 000. 225521 Edna W. Tottey Clerk-City Chamb. Office 5, 000. 225537 Carried. By Alderman Adams, seconded by Alderman Stephens: Resolved: that the matter of sufficiency of the Chamberlain's bonds be referred to the Finance Committee for study and report at the next meeting of the Council. Carried. GAS TAX RETURNS FOR CITY Alderman Barns reported that the Governor has vetoed various bills authorizing the return of a portion of the State gas tax to cities, and that the Mayors Conference has stated that if representatives of cities will go directly to the Governor it is believed he gill approve a bill permi':,ting the return of a portion of the tax. Mr. Barns suggested that the City of Ithaca start such a move- ment. By Alderman Barns, seconded by Alderman Adams : Resolved, that it is the sense of this B•c.afC, that our State Senator and Assemblyman support a bill authori7.i.ng refund to cities for highway purposes, a portion of the gas tax collected by the State, and that the Governor, Senator and Assemblyman be so advised. Carried. PARKING 1:ETER TAINTENANCE & COLLECTION The Clerk reported receipt of eight applications for the position of maintaining parking meters and/or collection of meter receipts. The Mayor referred the letters to the. special Parking Meter Committee for study and report. INSURANCE ON METERS The Clerk reported receipt of two proposals to write insurance on the parking meters. The Mayor also referred r- these proposals to the Parking Meter Committee for study and report. PARKING METER CONTRACT Attorney Thaler reported receipt of the contract from the Dual Parking Meter Co. for the installation of the meters which has been properly executed by the Company. He also stated that bonds have been furnished in the amount of $5, 000. for the performance of contract and to the amount of $1, 000. for defend- ing the City in action regarding the legality of the penny-nickel feature. JUNK YARD ENCLOSURES Attorney Thaler presented a draft of a pro- posed ordinance as prepared by the Charter & Ordinance Committee covering enclosures for junk yards, and after amendment it was moved, By Alderman Adams, seconded by Alderman Barns: Resolved, that Chapter III of the Ordinances of the City of Ithaca is hereby amended by adding thereto a new section to be designated Section 20 as follows: Common Council —4-- January 2, 1941 No person, co-partnership, association or corporation shall maintain or operate, or allow to be maintained or operated within the limits of the City of Ithaca a place for dumping or accumulation of junk, old metal, paper, cloth or rubber, dismantled, abandoned or worn out motor vehicles and parts thereof, unless (1) City Ordinance, Chapter IV, Section 1 shall be fully com- plied with by the proprietor; and (2) All such junk yards or accumulation places as aforesaid shall be completely enclosed by a solid fence at least six (6) feet in height and kept in good repair and the junk or accumulations stored within such fence shall be so located as not to be visible above said fence from a point in the middle of the highway adjoining; and (3) All such fences which abut a public street shall be set back at least six feet from the public sidewalk; if there is no such sidewalk,/tflHh fence shall be at least twenty ( 20) feet from the edge of the public street or highway; and (4) All junk, motor vehicles, or parts thereof shall be piled neatly so as to eliminate all fire hazards and cared for in such a way that no unpleasant odor shall arize there Fram. If any clause, sentence, paragraph or part of this ordinance shall be judged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. Any person, co-partnership, association or corporation violat- ing this ordinance shall be guilty of disorderly conduct punishable by a fine of not more than fifty dollars 050, 1 cr imprisonment for not more than thirty days or both. Each day that such junk yard or accumulatim place is operated or maintained in violation of this ordinance sh,.11 be considered a separate offense thereunder and be punishable w.4 such. This ordinance shall take effect thirty 1—,,ys after publication. Ayes 9 Nays 0 Carried and Approved. ENABLING ,ACT RE PAVING ASSESSMENTS Attorney Thaler suggested that the Mayor be given authority to petition the legislature to pass an enabling act permitting the City to expunge the paving assessments against the properties in W. State StAe—t and Stewart Avenue. By Alderman Leachtneauer, seconded by Alderman Shurger: Resolved, that the Mayor be and he hereby is authorized to sign a petition to the State Legislature for permission to expunge the paving assessments against properties in W. State Street and Stewart Avenue. Ayes 7 Nays 1 Carried and Approved. N. Y.A. WORK CENTER As a preliminary report, Alderman Vail stated that his committee met with Supt. of Schools, Claude Kulp, and Mr. Allen of the Personnel Department of the Morse Chain Co. in regard to the advisability of establishing a .N.Y.A. work center in Ithaca, and that the committee feels that further information should be secured before the final report with recommendations is made. The matter was continued with the committee. AUDIT *By Alderman Barns, seconded by Alderman Shurger: Resolved, that the bills audited by the Finance Committee be and the same hereby are approved and ordered paid. Carried. On motion the meeting was adjourned to reconvene_ at the call of the Mayor. F. H. pringer / Cit Clerk I �i I I' ,i i r I i I Common Council. - Audit Sheet January 2, 19+1 Name Amount American Surety Co. of N. Y. $250.00 -Van Natta Office Equip. Co. 9 P. W. Wood & Son 988- 22v' j '>. H. A. Carey Co. , Inc. 754. 98 ✓ > Lawrence M. Mint z 30. 04 ✓ j Finance Committee ko I it 1 1 i 4 i I r ,� i Board of Health Jan. 2, 1941 I Tompkins County Memorial Hosp. $1.25 ''` Dr. J. W. Judd 50.00 E. Mae Mandeville 10.26 y j Laura A. Head 14.08 ", ' Helen H. Netro 13.95 �g r �A. H. Stubblefield 3. 50 7 C. E. Bishop 96.411 - :,- T. G. Miller' s Sons Parser Co. 12. 20e•- j Mrs. Madora Baker 10.00 y M. IF. Kolar 55.30 ✓ i i F F 'l 1 1 I i i j M { I 's i ft 1 I COMMON COUNCIL PROCEEDINGS 2 ��� City of Ithaca, N. Y. Adjourned Regular Meeting 7: 30 P. Fl. January 21, 1941 PRESENT Mayor - Campbell Aldermen - Mazza, Barns, Shurger, Leachtneauer, Gillette, Perry, Vail, Adams, Gibb Attorney - Thaler Clerk - Springer Dep. Clerk - Blean Chamberlain - Snyder Chief of Police - Marshall MINUTES. Minutes of the preceding meeting were duly approved. RESIGNATION - ALDERMAN STEPHENS A letter to Mayor Campbell from A derma- Donald -T—. Stephens was read in which he tendered his resignation effective immediately, as Alderman from the First Ward, due to his enlistment in the Army. By Alderman Gibb, seconded by Alderman Shurger: Resolved, that the resignation be accepted with regret. Be It Further Resolved, that a letter be sent Mr. Stephens ex- pressing appreciation of his services to the City and extending best wishes of the entire Board. Unanimously Carried. PETITIONS - -COUNCIL VACANCY A petition signed by former Alderman Stephens and four committeemen from the First Ward was presented, recommending Edmund X. VanOrder of 511 Cliff Street as a candidate to fill the vacancy created by the resignation of Mr. Stephens. A petition signed by five committeemen from the First Ward was also presented, recommending that Alderman Mazza present the name of Hugh S. Gibbsof 326 N. Plain Street as a candidate for the office. A letter from Alderman Mazza was then presented in which he ex- plained the apparent confusion in the situation, and offered the name of Frank E. Rottman of 219 Elm Street as a candidate for the office, and recommending that a vote by written ballot be taken to determine the choice of the Council. By Alderman Adams, seconded by Alderman Vail: Resolved, that nominations for the office of Alderman from the First Ward be by written ballot. Carried. The result of the ballot was as follows: Fred E. Rottmann 3 Harold F. Thompson 3 Edmund M. VanOrder 1 Hugh S. Gibbs 1 The Aldermen then voted by written ballot on the nominees with the following results: Fred E. Rottmann 5 Harold F. Thompson L� Mr. Fred E. Rottmam was declared duly appointed Alderman from the First Ward, to serve for the remainder. of the year 1941. F.-Y.A. WORK CENTER A proposal from N.Y.A. was presented by Alder- - ma l outlining the responsibilities of the City and the N.Y.A. in establishing a work center in the City of Ithaca, and Mr. Vail reported that after making considerable study of the proposed project he felt that there was a need for such a work center where Boyd, could be trained in the metal trade. Attorney Thaler reported that he has written Attorney General Bennett for an opinion as to the legal right of the City to furnish funds for the project. By Alderman Adams, seconded by Alderman Perry: Resolved, that the proposal be tabled until receipt of an opinion by the Attorney General. Carried. w .� � 2 40 Common Council -2- January 21, 1941 During further discussion of the project the idea of providing facilities for training boys from outside the City was questioned and it was suggested that the committee ascertain how many boys could be employed in Ithaca industries after training, and if N.Y.A. will consider a project to train boys from the City oaf►. By Alderman Adams, seconded by Alderman Mazza: Resolved, that the Council express interest in a proposal from N. Y.A. , and while the proposal has been tabled, that the committee ascertain if N. Y.A. will set up a project for the City itself, and if there is sufficient need for such a project. Carried, GOVERNOR LEHMAN - TELEGRAM RE DEFENSE PROGRAM Mayor Campbell re- ported receipt of ate egram from Governor ehman inviting the Chairman of the Local Defense Council or another member of the Council to attend a conference in Albany on January 28th, to dis- cuss the -problems of helping speed up defense production, and he requested permission to delegate one member to attend the conference at City expense. By Alderman Gibb, seconded by Alderman Barns: Resolved, that Mayor Campbell be and he hereby is authorized to delegate a member of the Local Defense Council to attend the conference at City expense. Carried. MAGISTRATE 'S CONVENTION - ALBANY The Clerk reported a request from City Judge Simpson for permission to attend a Magistrate 's Conven- tion at Albany on January 20th and 21st. By Alderman Adams, seconded by Alderman Mazza: Resolved, that Judge Simpson be and he hereby is authorized to attend the convention at City expense. Carried. DEPUTY SEALER OF WEIGHTS & MEASURES Attorney Thaler reported that in his opinion it would be illegal to appoint a Deputy Sealer for the City of Ithaca. GAS TAX RETURNS FOR CITY Attorney Thaler reported that the Governor, Senator and Assemblyman have been advised that the City of Ithaca desires legislation to permit cities to share in gas tax returns. PARKING METER CONTRACT Attorney Thaler reported that the Parking deter Co. has been advised that the acceptance of the bond for $5, 000. and $1, 000. in connection with the installation of parking meters does not limit their liability and that the Company has agreed. He further stated that all matters in regard to the contract have been settled and the Company will proceed at once. PUBLIC SERVICE COMflISSION HEARING - ELECTRIC RATES Attorney Thaler reported that a hearing is to be held in Syracuse on January 28th on the electric rates charged by the N.Y. S. Electric & Gas Corp. , and that it may be necessary to attend the hearing. ' BY Alderman Barns, seconded by Alderman Adams: Resolved, that the City Attorney be and he hereby is authorized to attend the hearing at City expense. Carried. ENABLING ACT RE PAVING ASSESSE21 NTS Attorney Thaler reported that a petition signed by the Mayor as been forwarded to the State Senatc. and Assemblyman petitioning the Legislature to pass an act which will enable the City to expunge the paving assessments against properties in W. State Street and Stewart Avenue. AUDIT By Alderman Barns, seconded by Alderman Vail: Resolved, that the bills audited by the Finance Committee be and the same hereby are approved and ordered paid. Carried. - ALTERATIONS - LIBRARY BUILDING Mayor Campbell reported that floor p ans have been prepared for the proposed alterations in the Library building to accommodate the offices of the City Chamberlain and Assessor, and that due to the difficulty in preparing specifications he felt it would be more satisfactory to employ a reliable contractor to do the work without advertising for bids. Alderman Gibb stated that if Contractor A. A. Ward could be hired to do the work it would be more economical than preparing specifications and advertising for bids, but that such an arrange- ment would require approval of both the Council and the Board of Public Works. i i I i i Common Council - Audit Sheet January 21, 1940 i Name Amount i1 Norton Printing Co. 7, 50,-✓ New York Telephone Co. 37. 94- Addressograph Sales Agency 16.00 j T. G. Miller's Sons Paper Co. 11. 27 Louis E. Thaler 50 I T. K. Powers 2. 00 Ithaca Journal 1.12-' j N.Y. S. Employees Retirement System 14 248. s6 The Chase National Bank 29. 74w Stover Printing Co. 18. 6 Henry R. Head .90W General Electric Co. 112. 00 ! it C. J. Rumsey Co. 5. 27 v! Socony Vacuum Oil Co. 35. 00 ' '�. T. Pritchard .97„ Seneca St. Garage 17. 72 I1. Y. Telephone Co. 9. 26,-k J. B. Lang Eng. & Garage Co. 10. 80 } Jamieson Mc4inney Co. 1. 28 j N. Y. S. Elect. & Gas Corp. 69. 26 I nance Committee I � I i i I i i i I i i' f I I i I i i l I+ ! i� I 241- Common Council --3— January 21, 19 +1 By alderman Leachtneauer, seconded by Alderman Adams: Resolved, that the committee on 'relations with the Board of Public Works together with the Buildings & Grounds Committee of the Board of Public Works be authorized to employ Contractor A. A. Ward to make necessary alterations and repairs to the Library building in accordance with plans prepared by Alderman Gibb. Ayes 9 Nays 0 Carried and Approved by the Mayor. On motion the meeting was adjourned. F. H. pringer City Clerk 4 X42 L� COIWON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 5:00 P. ?2. February 5, 1941 PR SEXt Mayor -- Campbell Aldermen - Barns, Shurger, Leachtneauer, Gillette, Perry, Vail, Adams, Gibb Supervisor - Shoemaker Attorney - T'--aler Olerk - Spri:r-ger Chamberlain - Snyder Dir. of Public Welfare - Post Chairman, Planning Commission - jfontillon MINUTES Mi iuteo of the •preceding meeting were duly approved. ALTERAT'ONS RY -BUILDING Alderman Gibb reported that he has discussed the work to be done in the Library building with Contract- or Ward and that some changes from the original planshave been made which will effect some savings, and that the cost of the repairs is estimated at $2, 655- 00- Contractor Ifflard reported that a change in the lighting arrange- ment is contemplated and that it is proposed to paint 'iie office a light c .lor to improve the lighting. He also reported that it will be necessary to install a new water service to insure a sufficient supply of water. Alderman Gibb called attention to the fact that $2, 000. 00 has been set up in the contingent fund to defray the cost of repairs and he recommended that an additional $700. 00 be provided to cover the construction cost. By Alderman Perry, seconded by Alderman Vail: Resolved., that the sum of $2, 700. 00 or so much thereof as may be necessary be provided in the 1941 budget to cover cost of altera- tions in the Library building to provide quarters for the City Chamberlain, and Be It Further Resolved, that it is the sentiment of this Coun- cil that all work be done by citizens of Ithaca. Unanimously Carried and Approved. ANNUAL REPORT - PLANNING CO0.1LISSION Chairman Yontillon of the Planning, Commission submitted the annual report of that Commission and called attention to the recomnendationsin regard to the pro- posed new zoning ordinance and zoning map and requested an expression of sentiment from the Council in regard to study by the Planning Commission. By Alderman Adams, seconded by Alderman Perry: Resolved, that the report be accepted and placed on file. Be It Further Resolved, that the Planning Commission be re- quested to make a study of the zoning map and submit recommendations to the Council at the June meeting. Carried. ATNUAL.REPORT - CITY CHAMBERLAIN The annual report of the City Chamberlain was presented and read by Mr. Snyder. It was regularly moved, seconded and carried that the -eeport be accepted and placed oil file. AUCTION SALE - CITY PROPERTY Chamberlain Snyder reported that the City Attorney has ruled that' a portion of a property acquired by the City on Tax Sale may be sold and he called attention to the Bool Floral lot in Floral Avenue which was reserved for possible use in widening the street. He stated that an individual is interested in purchasing four and three-tenths acres of the lot at a price which will reimburse the City for the amount of taxes standing against the property, and will leave a strip 100 ft. wide and 480 ft. long on Floral Avenue. By Alderman Barns, seconded by Alderman Shurger: Resolved, that four and three-tenths acres of lot 31, block 22, map 16, the east line of which will start at a line 100 ft. west of the right of way of Floral Avenue be included in the Tax Sale authorized by the Common Council on June 5, 1940- Carried. 24*3 Common Council -2- February 5, 1941 COIN WRAPPING ?MACHINE Alderman Barns reported that the Chamberlain has requested a machine to count and wrap coins to be collected from the parking meters. He stated that the price of a hand operate machine is $205. 00 and the price of an electrically operated machine is $495. 00. By Alderman Adams, seconded by Alderman Perry: Resolved, that the matter be referred to the Parking Xieter Committee for study and report. Carried. A 417UAL ,EPO .' - 7ELFARE DEPART ENT The annual report„ of the Public Welfare Department was presented and read by Director: John H. Post. By Alderman Adams, seconded by Alderman Shurger Resolved, that the report be accepted and placed-on file and Mr. Post be requested to furnish additional copies} for the Aldermen. Carried. ANNUAL 73.EPORT - STMKI'NG FUND COIZIMUON The annual report of the Sinking Fund Commission was read by the Clerk. By Alder-.man Gibb, seconded by Alderman Vail: Resolved, that the report be accepted and placed on file. Carried. ANNUAL REPORT - VETERAN VOLUNTEER FIRE271N 'S ASSOC. The annual report �, f the Veteran Volunteer Firemen' s Assoc. was read by the Clerk. By Alderman Barns, seconded by Alderman Shurger: Resolved, that the report be accepted and placed on file. Carried. ANNUAL REPORT - POLICE DEPART MTT The annual report of the Police Department was presented. By Alderman Gillette, seconded by -Alderman Adams: RE13olvea, that the report of the Police Department be referred to the Committee on Relations with the Police DeDart-.:.lent for study and report to the Council. Carried. DOFFLEi:YER LOT Th4 Clerk reported receipt of a deed from former Assessor L. E. Dofflemyer for a lot in Giles Street which he wishes to present to the City. By Alderman Barns, seconded by Alderman Gillette: Resolved, that the matter be referred to the City Attorney and City Engineer for study and report. - Carried. ST . LAWRENCE SEATAY PH.OJECT The Clerk reported receipt of a letter from the City Clerk of Buffalo together with a resolution which the Common Council of that City has adopted in regard to the pro- posed St. Lawrence Seaway Project. It was suggested that all cities in the State adopt similar resolutions and forward to various Federal and State officials. After discussion it was moved * By Alderman Perry, seconded by Alder-:qan Adams: WHEREAS, the Common Council of the City of Ithaca is convince that in the present national emergency all of the labor and materiL resources of the country should be dedicated to the defense prepara- tions of our nation, and, WHEREAS, the ST. Lawrence Seaway Project would be prenicious to the economy of the nation at largo, and would serve no useful pur- pose in the present world crisis because it would require at least five years to complete the power portion of the project and from six to eight years for the seaway section, if work was immediately initiated on both the United States and the Canadian portions of the project, and, WHEREAS, any action by the Congress of the United States lead- ing to the construction of the St. Lawrence Seaway would seriously divert from our defense efforts huge quantities of material, labor and equipment, tremendous sums of }Honey and services of technicians, whose talent and exr)erience are precious to our country 's defense effort ; therefore be it 244 Common Council -3- February 5, 1941 RESOLVED, that this Common Council of the City of Ithaca urges the legislators of the State of New York to preserve and protect the interests of the people they represent by formally declaring, through appropriate of then StatehofNNew Yorks Senate Assembly, the e the opposition St . Lawrence Seaway, and be it further RESOLVED, that th@ Clerk of the City of Ithaca be and hereby is inst-uctei to forward copies of this resolution to the President, members of Congress, the Governor and members of the Legislature of the Stage o7 New York. Carried. STANDING CO1-:ITTEES - 001240N COUNCIL The Mayor announced the follow- ing standinF, co}n:rittees of the Con7aon Council: FINAiqCE AND ACCOUNTS Barns Gibb Shurger CHARTCR AND ORDINANCES Adams Vail Gillette :ivLATIONS WITH POLICE DEPART?:ENT Leachtneauer Shurger Mazza RELATIONS WITH BOARD OF PUBLIC 7IORKS Vail ,azza Gibb RELATIONS 7ITH FIRE C0112ISSION Gillette AdWAS Shurger RELATIONS TVITil BOARD OF HEALTH Perry Leachtneauer Rottman RELATIONS WITH BOARD OF PUBLIC 7ELFARE Barns Rottmann Perry SALARY AND HOURS - SEALER OF WEIGHTS AYD KEASURES Attorney Thaler reported that since it was determined it would be illegal to employ a Deputy Sealer of 7eights and ;easures it has been suggested that a full time Sealer be employed, and he Tecom.niended that the Council decide if it should be a full time job and if so to set the salary. By Alderman Gibb, seconded by Alderman Leachtneauer: Resolved, that the position of Sealer of 171eights and I:1easures be made a full time job, and Be It Further Resolved, that the matter of salary be refereed to the Finance Com,nittee for study and report. LEASE - LIBRARY BUILDING Attorney Thaler reported that he has prepared and sub-I:nitted a draft of a nronosed lease to the Cornell Library Association for their appiroval and execution, for the use of the first floor of the Library building and requested the Council to authorize the Z.Zayor and City Clerk to execute the lease on behalf of the City when it is approved by the Library Association. By Alderman Vail, seconded by Alderman Shurger: Resolved, that the Mayor and City Clerk be and they hereby are authorized to execute the lease on behalf of the City. Carried. ELECTRIC RATES Attorney Thaler reported receipt of a schedule of the pro-nosed new electric rates for the Ithaca district which in- dicates a total saving of approximately $23,100.00 for residences and $26, 800. 00 for commercial users in the City. He reported that the proposed reduction will amount to approx- imately $5. 00 per year for the average residence. N. Y.A. 1ORK CENTER F?OJECT Alderman Vail renoxted that no further avree,nent has n bee received from N.Y. A• , but that if the Council is in sympathy with the idea the committee can negotiate with the 1T.Y. A. to draw up a contract. Attorney Thaler stated that advice from the Attorney General 's office confirmed his opinion that it will not be legal to appropriate funds for a project to employ boys from outside the City of Ithaca. i Common Council - Audit Sheet February 5, 19+1 i Name Amount Ithaca Journal 1/-1--- Joseph W. Conley 20. 58,1- �j T. G. Miller "s Sons Paper Co. 25. 7+ ;,-- Stover Printing Co. 18. 25;- Lawrence 1;1. Mintz 30. 00 I Stallman of Ithaca 15. 96;,1' I C. J. Rumsey & Co. . 32 Ithaca Laundries Inc. . 90�A �! Lohr & Kramer 9. 4,," Seneca St. Garage 56- 03v' J. B. Lang Eng. & Garage Co. 2.00 �1 { C. A. Snyder, City Chamberlain 3- 40 ,/ City Chamberlain . 18 ✓ ' ]Dr. Ralph E. Witter 5- 004- American Coin Lock Co. , Inc. 35- 24 -- 8 �' New York Telephone Co. ii�I i 1 ' Finance Committee I s s i i I 1 i I i a I P i i1 i I I' I I i I i 9 i i BOARD OF HEALTH- FEBRi1ARY 5 1941 , N. Y. Telephone Co. 15.86 T. G. aTiller' s Sons Paper Co. 9.16 Mrs. Ma.dora Baker 10.00 (Laura A. Head 13.82' ' C. J. Rumsey & Co. 2.25 +. Mrs. Mabel Carlton 18.751' N. Y. State Elec. & Gas Corp. 2.96 A. H. Stubblefield 3.40-°` M. J. Kolar 54.18 Dr. J. IN. Judd 20.00 - Kline' s Pharmacy 2. 75 Helen H. Netro 11.25 E. Mae Mandeville 4.91 -'--' ! Curtis 1000 Inc. 3. 39 t,,. f � 1 I I I i I i f I � !I I I I i I � 1 ! I Ii i f i 245 Common Council -4- February 5, 1941 By Alderman Gibb, seconded by Alderman Gillette: Resolve _, that further discussion of the subject be deferred to 5:00 P. I. Thuroday, February 6, 1941. Carried. AUDIT By Alderman Barns, seconded by Alderman Shurger: Resolved, that the bills audited by the Finance Committee be and the same hereby are approved and ordered paid. Carried. On motion the meeting was adjourned to 5:00 P.H. Thursday, February 6, 1941. F. H• nringer City Clerk 2 46 CO?L!ON COU114 CIL PROCEEDINGS City of Ithaca, N.Y. Adjourned Regular : eeting 5: 00 P. M• February 6, 1941 PRESENT 1Layor - Campbell Aldermen - :, azza, Barns, Shurger, Leachtneauer, Gillette, Perry, Vail, Adams, Gibb Attorney - Thaler Clerk - Springer N.Y. A. WORK "ENTER Eayor Campbell announced the first order of business would be the discussion of the N.Y.A. Work Center project, and Alderman Vail proceeded to explain the idea of the project. He reported receipt of a telegram from 11r. C. V. HesleY, State Director of I. Y. A. , in which it was agreed to provide necessary machines and instructors if there are 150 boys available for train- ing, anc. quarters are provided by the City. Mr. Vail stated that the estimated cost to the City to pro- vide quarters will be $300. 00 per month and that there is now a list of 99 boys who have expressed a desire to secure such training, and that no effort has been made to interest other boys as yet. Mr. Paul Brainard of Ithaca Enterprises Inc. reported that that body has been asked to provide funds for improvements to the Stanfor�',-Crowell building, where it is proposed to establish the Work Center. He stated that officers of Ithaca Enterprises were unanimous in endorsing the project if approved by the Common Council, and while they have few funds on hand they will be willing to undertake to collect unpaid pledges if the Council approves the project. Letters from the Ithaca Chamber of Commerce, AllerlT'dales Adding Machine Corp. , and from the 2.orse Chain Co. were presented endorsing the project. Mr. Coyle of N.Y.A. emphasized the fact that there is a definite need for such a project and while the proposed quarters will not accommodate 150 boys, he expressed the opinion that N. Y.A. will agree to a project employing a fewer number of boys. By Alderman Adams, seconded by Alderman Mazza: Resolved, that it is the sense of this Board that we favor negotiating with N. Y.A. in establishing a 71ork Center, provided, that the cost to the City will not exceed X3, 600. annually, and provided only bona fide residents of the City be employed, and pro- vided that the term of the first contract be for no more than one (1) year. Be It Further Resolved, that the committee be continued to make the necessary negotiations with N.Y.A. with the understanding that this resolution will in no way obligate the Council. Ayes 7 Mazza, Barns, Shurger, Leachtneauer, Gillette, Vail, , Adams Nays 2 Perry, Gibb Carried. Alderman Gibb asked to be relieved of duties on the committee to make negotiations and the Mayor appointed Alderman Gillette to the committee SALARY - SEALER OF WEIGHTS AND IMASURES Alderman Barns reported that the Finance Corn>nittee wished to recommend an annual salary of $1, 500. for a full time Sealer, and that the salary include all ex- penses for transportation. By Alderman Barns, seconded by Alderman Leachtneauer: Resolved, that when examinations are called for a Sealer of Weights and Measures, they provide for a full time employee at a salary of $1, 500. annually which will include transportation. Unanimously Carried. ANNUAL REPORT - SEALER OF "7EIGHTS AND 1 EASURES The Clerk read the annual report for the year 1941 as submitted by the Sealer of 'Weights and Measures. By Alderman Shurger, seconded by Alderman Vail : Resolved, that the report be accepted and placed on file. Carried. On motion the meeting was adjourned. I F. H. S inger, City Clerk 247 CODS.= COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 5:00 P. M. March 5, 1941 PRESENT Aldermen - Mazza, Rottmann, Barns, Shurger, Leachtneauer, Gillette, Perry, Vail, Gibb Supervisor - Shoemaker Clerk - Springer Dep. Clerk - Blean Chamberlain - Snyder Police "#omm. - Comfort Engineer - .arble Due to illness of Mayor Cwnpbell, Acting Mayor Gibb presided. MINUTES Minutes of the preceding meeting were duly approved. TE_ PORAHY LOAN The Clerk reported that it will be necessary to borrow additional funds in anticipation of taxes before the next regular meeting of the Council. By Alderman Barns, seconded by Alderman Shurger: Resolved, that pursuant to the provisions of Section 46 of the Ithaca City Charter, being Chapter 503 of the Laws of 1905 as amended by Chapter 57 of the Laws of 1936, the Mayor and City Clerk hereby are authorized to borrow money in the name of and on the credit of the City of Ithaca for current city expenses normally paid out of the regular tax levy and for the purposes for which said takes are or may be levied by the issuance of a negotiable tax anticipation note in an amount not to exceed $100, 000. 00, in antic- ipation of the collection of City taxes for the current fiscal year of 1941 ; that the faith and credit of the City of Ithaca hereby are pledged for the payment and retirement of such temporary loan before the close of said fiscal year and out of the taxes to be received for the current fiscal year, and Be It Further Resolved, that the City Clerk be authorized and directed to make such arrangements as may be necessary to borrow the funds at the lowest possible rate. Ayes 9 `Nays 0 Carried. Approved March 5, 1941 Arthur N. Gibb, Acting Mayor City Attorney Thaler and Alderman Adams entered the Council Chamber at this time. ,APPROPRIATION? FOR BRIDGE DESIGNING The Clerk reported a request from the Board of Public Works for an appropriation of $4, 000. 00 for the purpose of employing a competent bridge designer to design bridges and estimate the cost of installation. By Alderman Shurger, seconded by Alderman Mazza: Resolved, that the appropriation to the construction and permanent improvement account under the Board of Public Works be increased in the amount of $4, 000. 00 for the purpose as outlined above. Ayes 10 Nays 0 ,� Carried. Approved March 5, 1941 Arthur- N. Gibb, Acting Mayor APPROPRIATION - CINDEFS AND SNOW RE1,10VAL The Clerk reported a re- quest from the Board of PubM Works for an additional appropriation of $1, 000. 00 for cindering and snow removal. By Alderman Adams, seconded by Alderman Perry; Resolved, that Item #152, snow and ice, in the 1941 budget be increased in the -.mount of $1, 000.00. Unanimously Carried. 248 Common Council -2- 1_iarch 5, 1941 ASSESS.7:ENTS LEVIED The Clerk reported that a hearing was held by the Board of Public Works on February 11, 1941 and continued on February 26, 1941 in regard to assessments for the installation of sidewalks in various sections of the City, and for the installation of sanitary sewers in E. Clinton Street and N. Tioga Street, and for the installation of curb and gutter in Lake Street, and that the Board of Public Works, finally approved the assessments as levied on January 22, 1941 and recommended same to the Common Council for confirmation. By Alderman Gillette, seconded by Alderman Vail: Whereas, the Board of Public Works levied assessments for the installation of sidewalks, sanitary sewers, curb and gutter, in various streets on January 22, 1941, and after a public hearing held February 11th and February 26, 1941, to adjust and correct said assessments as justice might require; and Whereas, the Board of Public 7orks on February 26, 1941, finally approved said assessments, and filed a schedule thereof with the Common Council far confirmation, Now Therefore, Be It Resolved, that the said assessments in the amount of $514. 73 for sidewalks, and $136. 90 for curb and gutter, and in the total amount of $651. 613 as finally approved and filed be and they are in all re- spects approved and confirmed, and the City Clerk directed to pre- pare a warrant on the City Chamberlain in accordance with such schedule for the collection of said assessments and the Mayor and City Clerk are hereby authorized and directed to execute said warrant whereupon all said assessments shall become due and payable from the date of execution thereof, and on all such assess� ents or portions thereof, remaining unpaid after the expiration of six months from the date of said warrant, the City Chamberlain shall add and collect a percentage thereof at the rate of 5% per annum, except and -provided, however, that the City Chamberlain •,---iay allow any person to -oay their assessment or assessments if the ­,,.: 'regate amount exceeds $25. 00, in five equal annual installments with interest at 5,110 on or about June 1st in each year, proviaed, however, that any person desiring to -pay by installments shall make applica- tion promptly in writing to the City Chamberlain, and all properties having such assessments or portions thereof for installme .lt payments thereof in arrears and remaining un?naid at the close of any City tax collection period shall be included by the City Chamberlain in a subsequent city tax sale held in November each year following such city tax collection period, and such properties shall be sold for any unpaid assessments or portions thereof or any unpaid install- ments together with the outstanding balance of such installment payments, together with all interest, fees and penalties that may have accrued. Ayes 10 Nays 0 _ Carried. Approved March 5, 1941 Arthur N. Gib b,_ . cting 1.:,ayor L. E. DOFFLEIYER LOT - GILES STREET Attorney Thaler reported that the matter of acceptance of a deed to a lot in Giles street from former Assessor L. E. Dofflemyer was referred to the City Attorney and City Engineer for study and that they recommend acceptance of the deed as the lot is located in a section included in the city watershed. By Alderman Adams, seconded by Alderman Perry: Resolved, that the recommendation of the City Attorney and City Engineer be approved and the deed to the lot accepted and recorded. Unanimously Carried. DELPHINE HAZEN CLAIM Attorney Thaler reported that some time ago action was started by Delphine Hazen to recover for a lot used by the City when Giles Street was improved and widened, and that the claim can be settled at this time for $60. 00 which he recommends as a fair settlement. By Alderman Perry, seconded by Alderman Mazza: Resolved, that the City Attorney be authorized and directed to settle the claim as outlined above. Unanimously Carried. Y i i I I I I CC_ 1: 011 COUNCIL - Audit Sheet I sgarch 5, 1941 Name Amount Norton Printing Co. 7- 550 j Ithaca Journal 41.40 j New York Telephone Co. 41. 68 Burroughs Adding Machine Co. 1• H. A. 1 arming Co. 88. 00 The Todd Soles Co. 96, 4 T. G. , iller 's Sons Paner Co. 14- 24 The Atkinson Press 6. 00 i I Lawrence M'. �:wint z 10. 00 Pitney-Bowes Postage Teter Co. 117- 00 Socony Vacuum Cif Co. 101 Seneca St. Garage 24, 9 g Lohr & Kramer 10. b4 W. T. Pritchard . 45 Auto Body & Radiator forks . 50 Stallman of Ithaca 6. 51 Henry R. Head - 38 Ithaca Laundries Inc. , 7' i New York Tele-ohone Co. 9, 26 Harrison Adams, Sheriff . 3z Stover Printing Co. 14. 0 i N.Y. S. .Electric & Gas Corp. 0q- 74 H. A. Carey Co. , Inc. 7 Louis ,. Thaler 175. 00 - 1. 00 j The -cBee Co. 96. 30 Fi ice Cofamitt e i • I i i I I' I i l . I v C i I i i i i i I i BOARD OF HT?ALTH March 5, 1941 Eugene Graves $ 2.75 N. Y. Telephone Company 9.63 � Mfrs. 1.4adora Baker 10.00 V Van Natta Office Equipment Co. 3.65 . ✓ G. miller' s Sons Paper Co. 9R N .Y. State Electric & Gas Corp. 3.122 Laura A. Head 10.17 M. J. Kolar 49,95 FKelen H. Netro 11.30 A. H. Stubblefield 5. 50 V Dr. J. 1,1. Judd 20.00 A. B. Brooks & Son 5. 77 Dept. health of N. Y. city 1. 54 ' JIrs. I'Viabel Carlton 9.25 i i i 1 1' i i i 1' i i _ Common Council -3- 'March 5, 1941 249 EXPUNGING PAVING ASSESSMENTS Attorney Thaler reported that Assembly- man Shaw has promised to send copies of the bill introduced in the Legislature which will permit expungement of assessments for raving in W. State Street and Stewart Avenue. The Attorney reported that the Board of Public Works has requested clarification of the definition of new pavement, and Mr. Thaler re- quested the Aldermen to offer suggestions for use of the Charter and Ordinance Committee in preparing an amendment to the Charter provi- sions. AUCTION SALE - CITY PROPERTY Chamberlain Snyder reported that since the sale: of City owned property was authorized by the Council on June 5, 1940, it has been found that the following parcels were omitted from the authorization: Lot 311 Fourth Street Lot 104 Morris Avenue 110 Morris Avenue 112 Dfiorri s Avenue By Alderman Barns, seconded by Alderman Perry: Resolved, that the above described parcels be included in the sale authorized by the Council on June 5, 1940. Carried. AUDIT By Alderman Barns, seconded by Alderman Shurger: Resolved, that the bills audited by the Finance Committee be and the same hereby are approved and ordered paid. Carried. BICYCLE ORDINANCE Alderman Leachtneauer reported that the Police Committee is working on an ordinance to regulate the use of bicycles which will be presented at the next meeting of the Council. PARKING ?METERS Various Aldermen reported receipt of suL ;estions and criticisms in regard to the operation of parking meters, and it was agreed that the Finance Committee of the Council should meet with the Police Commissioner and Police Chief to study the suggested changes and make recommendations to the Council. PARKING SPACE - HEALTH DEPARTMENT AND WELFARE DEPARTMENT Alderman Barns reported that the Library Association will be pleased to pro- vide space for parking six cars at the east side of the Library building for use of Board of Health Nurses and Investigators from the Welfare Department . By Alderman Adams, seconded by Alderman Shurger: Resolved, that the City Attorney be directed to amend the lease with the Library Association to provide for parking spaces outlined above. Be It Further Resolved, that the Layor and City Clerk be authorized to sign the amended lease on behalf of the City. Carried. SIDEWALK - S. AURORA STREET Alderman Shurger reported that no report - has been made in regard to the condition of the sidewalk in S. Aurora Street immediately south df the railroad tracks, which was called to the attention of the Board of Public Works some time ago. The City Engineer was requested to investigate the matter and report . SIDETJALK OBSTRUCTION - CORD?ER OF PLAIN AND CENTER STREETS Alderman Shurger reported that residents in the vicinity of the building at the corner of Plain and Center Streets have complained of lumber being piled toonear the sidewalk. The attention of the owner of the building was called to the condition. N.Y. A. WOR?{ CENTER Alderman Vail reported on the progress of negotiations for a building to house the N. Y. A. project and on the preparation of a contract between the City and N. Y. A. He stated that no reply has been received from Mr. Hesley to a letter written him on February 27, 1941. Attorney Thaler reported that he disapproved a proposed con- tract which was submitted to him for study. By Alderman Gillette, seconded by Alderman Barns: Resolved, that action on the project be deferred to the next meeting of the Council and the Committee be continued. Carried. Common Council -4- March 5, 1941 PERMANENT IMPROVEMENTS Alderman Barns reported that the construo- tion and permanent improvements program of the City has been cur- tailed during recent years and that he felt it very important to have a planned program for the next five years and it was moved, By Alderman Barns, seconded by Alderman Perry: Resolved, that the Board of Public Works be requested to pre- pare and submit to the Council a program of construction and perma- nent improvements, including paving, rail removal, and bridge con- vvnuctkon ajrid repairs, which may be accomplished over the next five year period. Carried. CITY CHAMBERLAIN - OFFICE QUARTERS ^ LIBRARY BUILDING Alderman Gibb reported that the new office quarters for the City Chamberlain will be completed within the next few days and that the work of alteration was accomplished within the appropriation. He stated that it will be necessary to provide three new desks and chairs and a police alarm system for the new offices at an estimated cost of $148. 05 for the furniture and $245. 00 for the police alarm. By Alderman Barns, seconded by Alderman Gillette: Resolved, that the Chamberlain be authorized to purchase the fi necessary desks and chairs at a price not to exceed $150. 00.- Carried. By Alderman Adams, seconded by Alderman Gillette: Resolved, that the Chamberlain be authorized to contract for the installation of a police alarm system in the sum of $245. 00. Carried. It was regularly moved, seconded and carried that a. vote of thanks be extended Alderman Gibb for his efforts in prep,-,.ring plans and working out the details of the alterations to the Li rnry ,build-- ing. a ASSESSOR - BLDG. 001,24ISSIONER Alderman Barns called attention to the manner in which Mr. Thorne is carrying on the work as Assessor and Bldg. Commissioner. He stated that many improvements are being made in the conduct of the office and that errors in the Tax Roll have been discovered and corrected. Mr. Barns suggested that a committee be appointed to work with the Assessor and that an assistant be provided in place of one Associate Assessor, and he asked the Aldermen to consider the matter and make recommendations. On motion the meeting was adjourned to reconvene at the call of the 11�ayor. F. H. pringer j City Clerk V AM COMMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Adjourned Regular Meeting 7: 30 P. M. March 21, 1941 PRESENT Mayor - Campbell Aldermen - Mazza, Rottmann, Barns, Shurger, Leachtneauer, Gillette, Vail, Adams, Gibb ' Attorney - Thaler Engineer-Acting Supt. of Public Works - Marble Clerk - Springer Polce Comm. - Comfort MINUTES Minutes of the preceding meeting were duly approved. t WELCOME TO NEWLY NATURALIZEp CIJtZENS A letter from Mr. Lloyd F. McIntyre ofd the Council on Civic Education for National Defense was presented stating that a meeting is to be held on March 24th to formulate plans for the formal welcoming of newly naturalized persons and those who have attained their majority within the past year into American citizenship, and asking if the Council would care to support the program and send a representative to the meeting. By Alderman Adams, seconded by Alderman Barns: Resolved, that this Council endorse the plan for public recogni- tion of newly naturalized citizens and that the Mayor appoint a representative from the Council to attend the meeting. Carried. The Mayor appointed Alderman Leachtneauer to represent the City at the meeting. APPROPRIATION - INDERS AND SNOW REMOVAL The Clerk reported a re- quest from the Board of Public Works for an additional appropriation Of $1,000. for oindering and snow removal. By Alderman Leachtneauer, seconded by. Alderman Mazza: Resolved, that Item #182, snow and ice, in the 1941 budget be increased in the amount of $1, 000. making a total for that item of M 000. Unanimously Carried. IMPROVEMENT PROGRAM Recommendations by the Board of Public Works for bridge replacement and paving covering a five year program were presented as follows: "At a meeting of the Board of Public Works Wednesday, March 19, 1941, bridge construction was discussed and the following program for 1941 construction was approved: Bridge Creek Estimated Cost Stewart Avenue Fall Creek 0,000. 0 E. Clinton Street Six Mile Creek 25, 000. 00 DeWitt Place Cascadilla Creek 20 000. 00 7,1 . OU The Board of Public Works has included the DeWitt Place bridge E because the Engineer 's report clearly indicates that the bridge now does not have sufficient capacity to carry traffic. If a new bridge is not constructed the Board will be forced to close the bridge to traffic. The Board further recommends that the following bridges be constructed in 1942: Bridge Creek Estimated Cost Buffalo Street Cayuga Inlet � ��'-' State Street Cayuga Inlet 40000. 00 90,00O.-5u The report of the Engineer indicates that the bridges in the following list should be constructed within the next four years: Bridge Creek Stewart Avenue Cascadi��a Creek S. Cayuga Street Six Mile Creek Thurston Avenue Fall Creek Columbia Street Six Hile Creek Lake Street Fall Creek The Board of Public Works recommends that the Common Council make the necessary funds available for the 1941 Bridge Construction program recommended. " "" common Council _2_ e�� March 21, 1941 "At a meeting of the Board of Public Forks held at City Hall 'Wednesday, March 19, 1941 the Highway Committee presented recommenda- tions for a paving program. Discussion of the matter indicated that paving programs have been presented during past years but such pro- grams have been eliminated because of the desire to keep the tax rate at the lowest possible figure and as a result these so called economies have allowed the streets to be neglected resulting ;n ex- cessively high maintenance costs and unsatisfactory streets. The Board approved the following paving program for 1941: Street ` E. State & 1.1itchell Sts. Aurora St12ntosIthaca Rd. Estimated Coat Thurston Avenue Barton Pl. to Fall Creek X6, 400. 00 Further discussion developed the fact that many other, sttreetts are in need of repaving and the Board of Public Works approved the following program for paving to be constructed within the next four years: Street Limits E. to St. Albany to Aurora College Ave. 14itchell to Oak Ave. Tioga St. State to Falls St. Eddy St. E. State to Williams Buffalo St. Aurora to Stewart Ave. Seneca St. Aurora to Schuyler Pl. Taughannock Blvd. Court St. to City line The program above is submitted without cost estimates because it is a program for future work and prices may vary considerably. The Board also considered a program of resurfacing brick streets with sheet asphalt and recommends the following program to be fin- anced from items in tax budgets: Street Limits ` Plain St. Green to Buffalo Fulton St. State to Seneca Farm St. Cayuga to Aurora Lincoln St. Cayuga to Aurora Geneva St. Green to Clinton Discussion also indicated that the paving program for the year '. 1941 would cost the Water Department lines existing on the streets to be paved. for changes in water The Board of Public Works recommends that the Common Council make the necessary funds available for the 1941 paving program. " By Alderman Gibb, seconded by Alderman Leachtneauer: Resolved: that the recommendation be referred to the Finance Committee and Committee on relations with the Board of Public Works for study and report to the Council. Carried. E. STATE STREET PAVEMENT Attention was called to the dangerous condition of the pavement in E. State Street where the new sewer line was recently installed, and it was moved By Alderman Adams, seconded by Alderman Shurger: Resolved, that the Board of Public Works be requested to erect signs which have been approved by the City Attorney, warning motorists of the condition of the pavement. Carried. PROTECTION 'BALL-HUDSON STREET Alderman Gibb reported that Mfrs. Tifft recently called upon him to inquire about the construction of the protection wall .in Hudson Street. After discussion it was agreed that an ordinance requiring use of low gears on the hill streets would be of benefit, and it was moved By Alderman Gibb, seconded by Alderman Shurger: Resolved, that the Charter and Ordinance Committee and City Attorney be requested to prepare an ordinance for consideration by the Council, requiring all motor vehicles to go into low gear at the top of the hill at Hudson, Aurora, Mitchell) Hector and Elm Streets. Carried. PARKING T,.SETERS Alderman Barns reported that a study of suggested changes in narking meter operation and locations has been made by the Finance Committee, Police Committee, and the Police Chiet and Commissioner and various recommendations were made and action by the Council was taken as follows: Common Counoil ;5- `� `3` March 21, 19+1 By Alderman Adams, seconded by Alderman Shurger: Resolved, that the parking meter posts be removed from the Post Office area. Carried. By Alderman Vail, seconded by Alderman Shurger: Resolved, that the meters on the south side of E. Seneca Street between Cayuga and Tioga Streets be changed from the 12 minutes for one cent and l hour for five cents type to 2 hours for five cents type, taking advantage of the offer of the Dual Parking Ifeter Co. to exchange the mechanism of these meters without cost to the City. Carried. BY Alderman Shurger, seconded by Alderman Barns: Resolved, that all meters in Dryden Road between Eddy Street and College Avenue be removed excepting the third, fourth, fifth and sixth meters beginning at the intersection with Eddy Street. Carried. By Alderman Gibb, seconded by Alderman Shurger: Resolved, that the three easterly meters in Oak Avenue be re- moved. Carried. It was agreed that one meter should be removed from in front of each of the following hotels to permit loading or unloading of passengers: Tompkins, Travelers, and Victoria, and it was also agreed that two additional meters should be installed in front of the Clinton House in N. Cayuga Street. By Alderman Shurger, seconded by Alderman Adams: Resolved, that meters be installed in the 300 block of E. State Street and in Eddy Street at follows: the side of E. State Street from Aurora Street toA the geasterly tlineyof the Eagles building and along the southerly side of E. State Street from Aurora Street to the east line of the Osborn block, along the west side of Eddy Street from Buffalo Street to Williams Street. Carried. BY Alderman Gibb, seconded by Alderman Gillette: Resolved, that the hours of narking 12 minutes, 1 hour or 2 hours, be applicable between nine (9) o 'clock A.M. o 'clock P. ••', and six (6) daily except Sundays and business holidays, and on Saturdays between nine (9) o ►clock A. E. and nine effective when new instruction plates and time platesoareoinstalled on the meter cases. Carried. FOOD STAN.?PS - WELFARE DEPARTMENT Alderman Barns reported that the Welfare Department has been advised that a survey will be made by the Federal Government into the advisability of using the food stamp plan in Ithaca if the department so desires. He stated that a fund of $10,000. will be required to purchase stamps but that there will be sufficient funds in the Welfare budget if the plan is adopted. Mr. Barns further stated that the investigation will probably not be made for some time as there is a waiting list of cities who have asked to have such a survey made. PAINTING - r'ELFARE DEPARTMENT Alderman Barns stated that he felt some painting sho d be done in the Welfare headquarters and asked if the Aldermen would consent to the use of funds from the budget for this work. No formal action was taken. TRAFFIC LIGHT - GENEVA & STATE STREETS Alderman Barns reported receipt of several complaints in regard to the installation of the traffic light at the intersection of Geneva and State Streets. No action was taken. N. Y.A. 7ORK CENTER Alderman Vail reported that the N. Y.A. have done their part in making an offer to the City in regard to the establishment of a 'Work Center, as an offer has been submitted which has been approved by City Attorney Thaler, but since the Stanford- Crowell Co. will not accept less than 1500. will not provide heat or alterations, �r. Vailerecommendedare 'ectdion of the Stanford-Crowell offer and suggested that it now seems necessary to erect a suitable building or secure some other quarters. e7 Common Council —4— March 21, 1941 It was reported that Ithaca Enterprises Inc. have no funds to help in making alterations. By Alderman Gibb, seconded by Alderman Shurger: Resolved, that the N. Y.A. offer be rejected. By Alderman Vail, seconded by Alderman I:iazza: Resolved, that the above resolution be amended to read tabled instead of rejected. Ayes 6 Piazza, Rottmann, Leachtneauer, Vail, Adams, Barns Nays 3 Shurger, Gillette, Gibb Carried and Approved. Vote on the resolution as amended was as follows: Ayes 7 ??azza, Rottmann, Barns, Shurger, Leachtneauer; Gillette, Adams Nays 2 Vail, Gibb Carried and Approved. HAND RAILS - STAIR7TELLS Alderman Adams suggested that an ordinance be prepared requiring all stairwells to basements to be equipped with hand rails. No action was taken. ENABLING ACT RE: PAVING ASSESS!._ENTS Attorney Thaler reported that the enabling act permitting the City to expunge assessments for re- paving in W. State Street and Stewart Avenue has passed the Assembly and that the Mayor should be authorized to petition the & R to � pass the act. 1-1, By Alderman Barns, seconded by Alderman Gillette: Whereas, a bill has been introduced in the State Assembly per- mitting the City to expunge the paving assessments against proper- ties in 17. State Street and Stewart Avenue; �y Now Therefore Be It Resolved, that the Mayor be and he hereby is authorized to petition the State fo permission to expunge the paving assessments against proper ie 4lin State Street and Stewart Avenue. Ayes 9 Mazza, Rottmann, Barns, Shurger, Leachtneauer, Gillette, Adams, Gibb Nays 1 Vail Carried and Approved. ANNUAL REPORT - CITY CLERK Copies of the annual Financial Report were distributed and it was moved By Alderman Adams, seconded by Alderman Barns; Resolved, that the report be accepted and placed on file. Carried. On motion the meeting was adjourned. a G� F. H. pringer City Clerk 25 a COi1ION COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 5:00 P .1:0 t-pril 2, 1941 PRESENT ;�Layor - Campbell Alderman - I,.azza, Rottmann, Barns, Shurger, Leachtneaurr, Gillette, Perry, Vail, Adams, Gibb Supervisors - Stobbs, Norris, Shoemaker Attorney - Thaler Clerk - Springer Dep. Clerk - Blean Chamberlain - Snyder Police Commissioner - Comfort MINUTES After changing the word Senate to Legislature in the resolution on page 4 of the minutes of March 1 , 1941 , the minutes of the preceding meeting were duly approved. SOCONY VACUUIC, OII, CO. - PIPE LINE Attorney Allan H. Treman appeared on behalf of the ocony Vacuum Oil Co. and requested permission for that Company to install a pipe line across various City owned proper- ties to connect with the line already installed between the Barge Canal terminal and their storage plant. He stated that the Board of Public Works has approved the plans as submitted and that City Attorney Thaler suggested that the Council should also act upon the request. By alderman Adams , seconded by Alderman Perry: Resolved, that the petition of Socony Vacuum Oil Co . , Inc. pre- sented to the Board of Public Works of the City of Ithaca, N.Y. and approved by such Board at a regular meeting thereof held on the 26th day of Mlarch, 1941 for easements to cross certain City streets and other City properties with a 4 inch pipe line substantially as laid out on a map entitled "Socony Vacuum Oil Co. , Inc. , Map of Proposed 4 Inch Pipe Lire, City of Ithaca, Tompkins County, New York" surveyed and drawn by 'lilliam H. Roome under date of March 24, 1941, be and hereby is approved upon payment to the City of Ithaca by said Socony Vacuum Oil Co. of the sum of x:1 .00 per lineal rod where the line crosses City property, and Be It Further Resolved, that said pipe line shall be constructed and maintained in a proper and workmanlike manner, approved by the City Engineer and City Fire Marshal,and Be It Further Resolved, that as a condition to said approval the said Socony Vacuum Oil Co. , Inc . , its successors and assigns , agree to save the City of Ithaca harmless from all damage of any kind which may arise during the progress of the work, or which may arise out of the construction of said pipe line after it has been completed q; d comply with all the provisions in Section 134 of the City Charter, , and, Be It Further Resolved, that the Mayor and City Clerk be and they hereby are authorized and empowered to execute for and on be- half of the City any permits , easements or other instruments necessary to the granting to the petitioner of the rights and privileges re- quested, and Be It Further Resolved, that upon the completion of said pipe line the same be assessed and placed on the Tax Roll. . Unanimously Carried. TkXI STANDS Two representatives of the taxi drivers appeared and requested the Council to provide space for taxis near the Ithaca Hotel which might be used by any taxi finding the space vacant. They suggested that space for one taxi east of the Hotel and one in front would be sufficient. By Alderman Barns , seconded by Alderman Perry: Resolved, that the matter be referred to the Police Committee for investigation and report. Carried. APPOINTMENT- SEALER Or WEIGHTS & MEASURES Mayor Campbell announced that as a result of an examination held by the Municipal Civil Ser- vice Commission a list of three eligibles for the position of Sealer was furnished, and that he has appointed E. Paul Nedrow to the posi- tion effective April 16 , 19411 his name being first on the list, and he asked for confirmation by the Council. 2 e V( Common Council -2- April 2, 1941 tr By Alderman Mazza, seconded by Alderman Adams: Resolved, that the appointment of E. Paul Nedrow to the position of Sealer of Weights & Measures be and hereby is approved, effective April 16, 1941 , and Be It Further Resolved, that the resignation of Lawrence J. Gaurnier as Sealer be accepted as of April 15, 1941. Carried. NATIONAL CONFERENCE - WEIGHTS & MEASURES A letter to the Mayor from the Secretary of the National Conference on Weights & Measures was presented requesting cooperation in making it possible for the local Sealer of Weights & Measures to attend a training school to be held in Washington, D.C. on June 3, 4, 5, and 6, 1941 . By Alderman Adams, seconded by Alderman Gibb: Resolved, that the matter be referred to the Finance Committee with power.' Carried. F. E. ROTT", ANN - CHAIRMAN WELFARE C014MITTEE Mayor Campbell announced. the appointment of Alderman F. E. Rottmann to the chairmanship of the Committee on Relations with the Board of Public Welfare, effective this date. TAXPAYERS ASSOCIATION - SUGGESTION William Wilkinson representing the Taxpayers Association reported that the Association has studied the various problems of improvementsand hill traffic now being con- sidered by the City, and he offered the following suggestionsfor consideration by the Council "Temporarily close the Stewart Avenue bridge to heavy traffic since,,few citizens will be effected and undertake -to secure aid from the Village of Cayuga Heights and Tompkins County for replacing the bridge since residents of those sections are most effected. " "Study the possibility of construction of a new road to connect with the old stone quarry road to divert heavy .traffic from Hudson Street and S. Aurora Street. " "Petition the Governor to approve Senate bill #20 to amend the highway law in relation to the construction by the State of arterial highways for through traffic in cities of the third class . " By Alderman Adams, seconded by Alderman Gibb: Resolved, that the Council memorialize Governor Lehman to sign Senate bill #20. Unanimously Carried. DECORATION - `ELFARE DEPARTMENT A letter from rIr. Post'. Director of the Welfare Department,was presented requesting the Council to appropriate the sum of $1,000. or so much thereof as may be necessary to decorate the Welfare offices and provide new lights and switches and to install linoleum in some of the offices . By Alderman Vail, seconded by Alderman Gillette: Resolved, that the matter be referred to the Committee on Re- lations with the Board of Public Welfare for study and report. Carried. PROTECTION WALL - HUDSON STREET The Clerk reported receipt of letters from Miss Lela Gross of 101 Giles Street, Mrs. E. D. Tifft of 125 Hudson Street and from Attorney A. G. Adams urging the in- stallation of a wall to protect properties in Hudson Street, By Alderman Adams , seconded by Alderman Gibb: Resolved, that the communications be referred to the Committee on Relations with the Board of Public Works and the Committee re- quested to discuss the matter with the City Engineer and report. Carried. SALE AND RETJOVAL OF DEPT. OF EDUCATION BUILDINGS 315-317 W.COURT ST. City Attorney Thaler reported receipt of a request from the Board of Education for permission to sell at auction and removal of the buildings on the premises at 315-317 W. Court Street. By Alderman Vail, seconded by Alderman Shurger: Resolved, that permission be and hereby is granted to sell and remove the buildings from the above locations. Carried AUCTION SALE - CITY PROPERTIES Attorney Thaler reported that at the Auction Sale held March 28,1941 certain parcels were sold to Grace W. Barns , Fay E. Allen and Henry C. Thorne for amounts less than the . taxes against the properties . While the sale will permit the return of these properties to the Tax Roll, he felt that the Council should approve these sales . By Llderman Perry, seconded by Alderman Gibb: Resolved, that the sale of the parcels be and hereby is approved. Ayes 9 Alderman Barns did not vote. Carri Ac9 nnc9 Annrnvari _ Common Council April 2, 1941 Z5 7 PARKING ORDINANCES Amendments to ordinances on parking were pre- sented by Attorney Thaler and were acted upon as follows: By Alderman Barns , seconded by Alderman Gibb: Resolved, that Chapter VI, Sections2a, 2b and 2f of the City Ordinances be amended as follows: Chapter VI, Section 2a. "Two Hour Parking" is hereby amended by striking therefrom the following: "Oak Avenue-south side-between College Avenue and Lutheran Church. " Chapter VI, Section 2b. "One Hour Parking" is hereby amended by striking therefrom the following: "Dryden Road-south- side-between Eddy Street and College Avenue. " Chapter VI, Section 2f. "No Parking" is hereby amended by add- ing the following: "Dryden Road-north and south side-between Eddy Street and College Avenue except where parking meters are installed; E. State Street-south side-between a prolongation of the east line of the premises at 311-317 E. State Street and a prolongation of the west line of the premises at 401 E. State Street; E. State Street- north side-between a prolongation of the east line of the premises at 330 E. State Street and a prolongation of the west line of the premises at 402 E. State Street; Oak Avenue-south side-between College Avenue and a prolongation of the west line of the premises of the Lutheran Church except where parking meters are installed. " 4 Effective upon publication. !=yes 10 Nays 0 Carried and Approved. ORDINANCE - HILL TRAFFIC By Alderman Adams , seconded by Alderman Gibb: Resolved, that Chapter VI of the City Ordinances be amended by adding Section 15 as follows: Chapter VI, Section 15. The operators of all motor. vehicles of three tons gross tonage or over which descend Hudson Street, S. Aurora Street, Mitchell Street, E1m. Street, Hector Street, E. State Street, E. Seneca Street, and E. Buffalo Street shall before pro- ceeding to descend any of such streets , come to a complete stop and shift into second or low gear. Violation of this ordinance shall constitute disorderly con- duct. Effective upon publication. Ayes 10 Carried and Approved. AUCTION SALE - CITY PROPERTIES Chamberlain Snyder reported that only two parcels offered at the Auction Sale held on March 28, 1941 remain unsold; since these two lots have been offered at prior sales without bidders he suggested that they be taken over by the Dept . of Public Works to be- included in the watershed area. By Alderman Vail, seconded by Alderman Gibb: Resolved, that the Council approve including the following described lots in the City watershed area subject to acceptance by the Board of Public Works : Lot 1; Map 246, Block 313 Lot 4, Map 246, Block 314 Carried. SURETY BOND - EXTRA CLERK - CHAMBERLAIN' S OFFICE Chamberlain Snyder recommended that a surety bond in the amount of 1,000. be placed on Mrs . Barbara W. Black who is assisting in handling the collections from the parking meters. By Alderman Perry, seconded by Alderman Vail : Resolved, that the Chamberlain be authorized to p�ocure a surety bond on Mrs. Black in the amount of $1,000. Carried. POLICE AL M ARM SYSTEM CHAMBERLAIN' S OFFICE Chamberlain Snyder re- ported receipt of a proposed contract *ith the Duplex Electric Co. for inspection and maintenance of the alarm system recently installed in the new offices. He stated that the cost of the service//$3 J, per year, i be By Alderman Vail, seconded by Alderman Gillette: Resolved, that the matter be referred to Finance Committee for investigation and report. Carried. 2 �o non Council -4- April 2, 1941 BIDS - TIRE CHAINS The Clerk reported that the Board of Public orks has advertised for bids on tire chains for use of the Depart- ment and has passed a resolution approved by the Mayor, permitting members of the Board to submit bids on same, and that the Council should act on the matter. By Alderman Leachtneauer, seconded by Alderman Perry: Resolved, that the Common Council concur in the action taken by the Board of Public Works permitting members of that Board to submit bids on the chains. Ayes 9 Alderman Gillette did not vote. Carried and Approved. AUDIT By Alderman Barns, seconded by Alderman Gibb: Resolved, that the bills audited by the Finance Committee be and the same hereby are approved and ordered paid. Carried. PARKING METERS Police Commissioner Comfort reported that there are still 7 parking meters available for use and' that requestshave been made for installation of meters on the north side of Seneca Street east of Aurora Street and on E. Green Street. By Alderman Vail, seconded by Alderman Shurger: Resolved, that the matter be referred to the Police Committee for study and report. Carried. PEDDLERS' LICENSES Alderman Shurger expressed the opinion that , further restrictions should be placed on peddlers. The Charter and Ordinance Committee was requested to study the matter and make recommendations . SMOKE NUISANCES It was reported that several establishments in the City are still violating the smoke ordinance and Attorney Thaler agreed to follow up on the enforcement. S%u'''uER RENTAL - STATE COLLEGE BUILDINGS Alderman Barns presented a statement prepared by Mr. Carpenter of the City Water Department showing the amount of rental the State should pay for sewage dis- posal from these buildings. Mr. Barns stated that the State is willing to pay for this service and that he feels that Cornell University should be billed for the same. The statement follows: At the present time the T. B. Hospital is paying us X2,500.00 a year for handling their sewage. The water consumed in 1940 was 2,1871100 cubic feet. This is equivalent to approximately 35,000 gallons a day. As near as can be estimated the University is furnishing the Ag Colleges in the neighborhood of 250,000 gallons per day, or 7-1/2 ` times as much as the T. B. Hospital. Unfortunately, some of these State College buildings are within the City, but the following buildings , belonging to the State Agricultural College, are outside, and due to our Charter they should pay each year, amounts as shown, for handling sewage . Sanitary Price per Annual Building Fixtures Fixture Fee Mechanical 2 w4.50 7_ 4.50 ;9.00 Main Dairy Barn 8 4.50 36.00 Greenhouse 13 4.50 58.50 Greenhouse Insectitude 11 4.50 49.50 Rural Engineering 15 4.50 67.50 Horse Barn Laboratory 16 4.50 72.00 Poultry Building 17 4. 50 76.50 Wing Hall 33 4. 50 148.50 Dairy Building 127 4,50 571.50 Total ,0� 89.00 This w4.50 per fixture is based on the annual sewer rental fees that are now being collected through the middle western states , and is somewhat less than the sewer rental we are charging houses in Cayuga Heights- Village, due to the fact that the City services these sewer lines, and in the case of the state institutions the University services the sewer mains; that is, dragging, etc. , for which undoubtedly they are collecting a certain annual fee. Cora!-ion Council - Audit Sheet April 2, 1041 Name Amount Stallman of Ithaca 6. 18 New York Telephone Co. 40. 64 J. B. Thatcher 2nd, Treas. 250- 00 ' Shepherds Cycle Sales & Service 22- 50 its Sign Service 6- 00 Student Transfer 27. 50 , Duplex olex Electric Co. 245- 00 Van Natta Office Equip. Co. 1. 25 1, Addressoo,ranh Sales Agency 6. 29 C. A. Snyder, City Chamberlain 21- 40 - T. G. Miller ' s Soils Pa-oer. Co. 26. 66 Ithaca, Laundries Inc. - 36 ,y,Barbara N. Black 20- 00 Rilli am A. Church Co. 6. 35 'The T-c3ee Co many 15- 78 Louis K. Thaler 3- 10 Automatic Voting Mach. Corp. 937- 25 The Chase National Bank 5-00 Socony Vacuum Oil Co. 70- 07 W. T. Pritchard 39 Seneca St. Garage 36- 24 Henry Head 1. 12 General Electric Co. 1- 30 Stover Printing Co. 17- 65 Joseph 1.1orrison 39. 20 New York Tele-ogone Co. 9. 25 Harrison Adaxiis, Sheriff 8- 32 C. J. Rumsey Co. 11. 50 Air ' eduction Sales Co. 82. 00' Amos Barns 30- 00 N. Y. State Elect. & Gas Corp. 60- 22 Itnaca Journal 5. 80 Ithaca Journal 21- 25 Stover Printing Co. 2,c-,i- 9 5 Lal,-,-rence 1 71- glint 10- 00 . t ante Corn--pit 1 5 e 4� I BOARD OF' HEALTH i April 2, 1941 I T. G. Millers Sons Paper Co. $ 8.04 I Va,n Natta Office Equipment Co. 10.00v Ithaca Journal 39. 20 Harry B. Cook 11. 34 Mrs. Mabel Carlton 11. 50 ' Mrs. Madora Baker 10.00 &" N. Y. Telephone Co. 7.68 1 Norton Printing: Co. 6.00 N. Y. State Electric & Gas Corp. 2.12 &, Ha.rt i s Pharmacy 2.15 J. W. Judd, M.D. 20.00 Y Jloha«k Dental Supply 3.85 A. H. Stubblefield 5.10 M. J. Kolar 49. 55 � Burnitol lffg. Co. 7.79 Laura A. Head 15.03 Gladys A. Robbins 12.2; y, i j a 2 519 Common Council -5- April 2, 1941 The total annual operating expense of our sewer system, includ- ing Maintenance, Sinking Fund, Interest and Replacement runs in the neighborhood of X60,000. The City Water Department is filtering about 2,000,000 gallons, and the University approximately 600,000 gallons, making a total of 2,600,000 gallons per day, of which about 50o (or 1,300,000 gals . ) gets into the sewage system. On the basis of sewage pumped, if sewer rentals were to be charged in this town would collect about , w13,700.00 a year from the University and the Agricultural Colleges, which would check very closely to that which we are now collecting from the T. B. Hospital. By Alderman Barns, seconded by Alderman Gibb: Resolved, that the Board of Public Works be requested to render a bill to Cornell University on the basis as outlined above for sewer service for State buildings outside the City limits . Carried. INSURANCE - VOTING MACHINES Alderman Gibb reported that the Fin- ance Committee has found that it is possible to secure coverage on the voting machines at considerable savings and he asked for authority to make the change. By Alderman Perry, seconded by Alderman teachtneauer: Resolved, that the insurance coverage on voting machines be placed at the lowest rate quoted. Carried. By Alderman Adams, seconded by Alderman Shurger: Resolved, that the Finance Committee make a study of all in- surance carried by the City. Carried. FOOD STAMP PLAN - WELFARE DEPARTTENT Alderman Barns again asked if the Council would agree to appropriate the sum of X10,000. for a revolving fund to purchase food stamps if the Welfare Board de- cides to adopt the plan. He stated that it will be necessary for the Council to agree to appropriate funds before application may be filed with the Government. No action was taken. On motion the meeting was adjourned to reconvene at the call of the Tiayor. F. Springer ' City Clerk � 6U 0001ON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Adjourned Regular Meeting 5:00 P. Rai. April 21, 1941 PRESENT Mayor - Campbell Aldermen - Mazza, Rottmann, Barns, Shurger, Leachtneauer, Vail, Adams, Gibb Attorney - Thaler Clerk - Springer MINUTES IFinutes of the preoeding meeting were duly approved. The Mayor announced the meeting was called to discuss the im- provement program as recommended by the Board of Public Works and such other business as might properly be brought before the Council. BICYCLE ORDINANCE Alderman Leachtneauer announced that the regula- tion of bicycle traffic is covered by State laws and will be enforced by the Police Department ad soon as notice has been given the public. PAINTING MACHINE Alderman Leachtneauer reported that the Police Committee recommends the purchase of a machine to paint parking lines on the pavement as it will eliminate considerable labor and is more economical in the use of paint. He stated that the price of the machine is $330. 50 and suggest- ed that the cost be divided between the police equipment fund and tie parking meter fund. Alderman Barns questioned the advisability of the purchase of the machine as it will eliminate the employment of labor. By Alderman Leachtneauer, seconded by Alderman Gibb: Resolved, that the Police Department be authorized to purchase the paint machine at a price not to exceed $330. 50, one-half of which shall be charged to the police equipment fund and one-half to the parking meter fund. By Alderman Adams, seconded by Alderman Barns: Resolved, that the matter be tabled until the next meeting of the Council. Ayes 4 Rottmann, Barns, Vail, Adams Nays 4 11%iazza, Shurger, Leachtneauer, Gibb It being a tie vote the mayor voted no, and declared the motion to amend lost. Vote on the original motion: Ayes S Nays 0 Unanimously Carried and Approved. SERVICE MAN - PARKING METERS Alderman Leachtneauer reported that it will be necessary to hire extra help to- care for the parking meters as the man provided by the Dual Company will be leaving on May 20th when the three month period for service has expired. He stated that the Police Department recommenchliir. George B. Devitt of 301 Eddy Street for the position as he is also a licensed radio- operator and has acted during the absence of Officer Simmers, and will accept the position at a salary of $25. 00 per week. By Alderman Shurger, seconded by Alderman Barns: Resolved, that Mr. George B. DeWitt be ,appointed to the posi- tion of parking meter service man at a salary of $25. 00 per week, payable from parking meter funds, and Be It Further Resolved, that the Mayor be authorized to re- quest the Civil Service Commission to approve the provisional appointment subject to the rules of the Commission. Unanimously Carried and Approved. PARKING 1H,ETER INSTALLATION Alderman Leachtneauer, reporting for the Police Committee, stated that they recommend placing the seven extra meters on the north side of E. Seneca Street, east of Aurora Street. By Alderman Leachtneauer, seconded by Alderman Adams: Resolved, that seven meters be installed in the 300 block of E. Seneca Street as follows: "Along the northerly side of E. Seneca Street from Aurora Street. " Unanimously Carried and Approved. 26f Common Council -2- April 21, 1941 ANNUAL POLICE REPORT Alderman Leachtneauer reported that the Police Committee has studied the Annual Report of the Police Depart- ment and recommends its acceptance. By Alderman Leachtneauer, seconded by Alderman 11azza: Resolved, that the Annual Report of the Police Department be accepted and placed on file. Carried. COIN WRAPPING MACHINE Alderman Vail reported that three coin wrapping machines have been tried out by the City Chamberlain, a Brandt machine at $205. 00 and one at $225. 00, and a Downey-Johnson machine at $125. 00. He stated that Chamberlain Snyder prefers and recomiiends the purchase of the Brandt machine at $225. 00. By Alderman Shurger, seconded by Alderman Adams: Resolved, that the City Chamberlain be authorized and directed to purchase the Downey-Johnson machine at $125. 00 from the Johnson Fare Box Co. of Chicago. Ayes 8 Nays 0 Carried and Approved. POLICE ALARL SYSTEM - CHAMBERLAIN'S OFFICE Alderman Barns reported that the Finance Committee recommends taking advantage of a contract with the Duplex Electric Co. of New York for maintaining the police alarm system in the Chamberlain' s office at an annual cost of $35. 00. By Alderman Barns, seconded by Alderman Gibb: Resolved, that the proposed contract for the maintenance of the olice alarm system be and hereby is approved at an annual cost of 35- 00, and Be It Further Resolved, that the Mayor and City Clerk be authorized and directed to execute the contract on behalf of the City. Unanimously Carried. 1941 TAX RATE Alderman Barns reported that the Finance Committee believe it will be possible to provide the required 54o of the cost of the proposed improvement program and appropriate the sumstenta- tively agreed upon in the Budget with a tax rate of $14. 40. ILPROVEKENT PROGRAM, Alderman Barns reported that the Finance Committee has agreed that the improvement program as recomiended by the Board of Public Works should be carried/��4 the following resolution was offered. By Alderman Shurger, seconded by Alderman Gibb: Resolved, that the City of Ithaca sell improvement bonds for work projects and that the City make temporary loans to carry on the work until such time as funds from bonds are made available. After discussion the following amendment was offered: By Alderman Adams, seconded by Alderman Vail: Resolved, that approval of the program be tabled until disposi- tion of the Reilly bill is learned or until the next regular meet- ing of the Common Council. Ayes 5 Nays 3 Carried. 1''o UTILITY TAX CONTINUED City Attorney Thaler resented the fol- lowing draft of the local law to continue the 11?utility tax for the year July 1, 1941 to June 30, 1942 and stated that action must be deferred until the period required by Section 13 of the City Home Rule Law shall have elapsed: BE IT EYACTED BY THE COID40N COUNCIL OF THE CITY OF ITHACA AS FOLLOWS: Section 1. Sub-division 1 and 4 of Local Law y'#2 for the year nineteen hundred and thirty-seven as amended by Local Law #1 for the year nineteen hundred and thirty-eight and Local Law #1 for the year nineteen hundred and thirty-nine and Local Law #2 for the year nineteen hundred and forty are hereby amended to read as follows : 262 Common Council -3- April 21, 1941 1. Pursuant to the authority granted by Section 20 b of the General City Law of the State of New York, a tax equal to one per centum of its gross income for the period from July first, nineteen hundred thirty-seven, to June thirtieth, nineteen hundred forty- two, is hereby imposed upon every utility. doingbusiness in the City of Ithaca which is subject to the supervision of the State Depart- ment of Public Service, except motor carriers or brokers subject to such supervision under Article 3b of the Public Service Law and a tax equal to one per centum of its gross operating income is hereby imposed for the same period upon every other utility doing business in the City of Ithaca, which taxes shall have application only within the territorial limits of the City of Ithaca and shall be in addition to any and all other taxes and fees imposed by any other provision of law for the same period. Such taxes shall not be imposed on any transaction originating or consummated outside of the territorial limits of the City of Ithaca, notwithstanding that some act be necessarily performed with respect to such transaction within such limits. 4. Every utility subject to tax hereunder shall file, on or before September 25th, December 25th, March 25th, and June 25th, a return for the 3 calendar months preceding each such return date, including any period for which the tax imposed hereby or by any amendment hereof is effective, each of which returns shall state the gross income or gross operating income for the period covered by each such return. Returns shall be filed with the City Chamber- ' lain on a form to be furnished by him for such purpose and shall contain such other data, information or matter as the City Chamber- lain may require to be included therein. Notwithstanding the for- going provisions of this sub-division, any utility whose average gross income or average gross operating income, as the case may be, for the aforesaid 3 months period is less than $1500. , may file its return for such period on June 25th, 1940, June 25th, 1941, June 25th, 1942 respectively. The City Chamberlain may require at any time a further or supplemental return, which shall contain any data that may be specified by the City Chamberlain, Every return shall have annexed thereto an affidavit of the head of the utility making the same, or of the owner or of a co-partner thereof, or of a principal officer of the corporation, if such business be conduct- ed by a corporation, to the effect that the statements contained therein are true. Section 2. This Local Law shall take effect immediately. By Alderman Gibb, .seconded by Alderman Barns: Resolved, that the Local Law be tabled until the next meeting. Carried. ENABLING ACT RE PAVING ASSESS24ENTS Attorney Thaler reported that the Governor has vetoed the Enabling Act which would permit exnung- ing the paving assessments far W. State Street and Stewart Avenue and that he has been unable to get in touch with Mr. Sobel, Counsel for the Governor. Mr. Thaler questioned the legality of expunging the assess- ments by local law and has requested fir. Sobel to advise further. THURSTON AVENUE PARKING The Clerk reported a request from the Board of Public Works for the Council to consider the prohibition of parking along the curb in Thurston Avenue while the area between the street car rails is in such a rough condition. By Alderman Vail, seconded by Alderman Adams: Resolved, that the matter be referred to the Police Committee for investigation and report. Carried. DAMAGE CLAIMS The Clerk reported that on the recommendation of City Attorney Thaler, the Board of Public Works recommends settle- • ment of the following claims for damages: M. G. Malti in the amount of $8. 50. Berger Taxi Co. in the amount of $9. 50. Althea E. Kern in the amount of $20. 55. By Alderman Vail, seconded by Alderman Barns: Resolved, that the M. G. Malti claim for damages be and hereby is approved and ordered paid in an amount not to exceed x$8. 50. Carried. 263 p Common Council -4- April 21, 1941 By Alderman Adams, seconded by Alderman Gibb: Resolved, that the Berger Taxi Co. claim for damages be and hereby is approved and ordered paid in an amount not to .exceed $9. 50. Carried. By Alderman Shurger, seconded by Alderman Adams: Resolved, that the Althea E. Kern claim for damages be and hereby is approved and ordered paid in an amount not to exceed $20- 85- Carried. HUDSON STREET - PROTECTION ?HALL Alderman Vail reported progress in the discussion with the City Engineer of the construction of a protection wall for Hudson Street properties. On motion the meeting was adjourned to reconvene at the call of the Mayor. F. H. S inger City Clerk 2 64 C01,310N COUNCIL PROCEEDINGS City of Ithaca, N. Y. Adjourned Regular Meeting 5:00 P. M. April 30, 1941 PRESENT Mayor - Campbell Aldermen - I::azza, Rottmann, Barns, Shurger, Leachtneauer, Gillette, Perry, Vail, Adams, Gibb Attorney - Thaler Assessor - Thorne Clerk - Springer Dep. Clerk - Blean Iv'INUTES Minutes of the preceding meeting were duly approved. PURPOSE OF MEETING The Mayor announced the meeting was called to discuss the progress of negotiations with Cornell University in re- gard to their contribution to the City and to the University proper- ties recently placed upon the assessment roll. He stated that several conferences have been held with repre- sentatives of the University and as a result a definite proposal has been received. The Clerk was directed to read the two letters written by the City Attorney after conferences with Mr. Treman of the University Committee and the final proposal as submitted by that Committee. 'April 24, 1941 "Allan H. Treman, Esq. Savings Bank Bldg. Ithaca, New York Dear Allan: As I promised you I submitted the content of your letter of April 22nd to the Kayor and the Board of Public Works at their meeting last night. As was indicated to you and I!r. Eastman by the Mayor and ne, the members of the City administration are willing to arrive at an amicable compromise and adjustment provided that the City re- ceives fair treatment. It was the concensus of opinion of those present at the meet- ing last night that all the properties as listed by you in your letter in paragraph marked +12++ should remain on the tax roll, and Psi Upsilon and Sigma Phi Fraternity houses listed in paragraph ++ ++ should also remain on the tax roll. To take these two Fraterni- ties from the tax roll would place the City in an inconsistent position. Your Fraternity, Kappa Alpha, has been on the tax roll and other fraternities and sororities si:z:ilarly situated have been on the tax roll without question, and it is my opinion, under the law, that these fraternities have been properly placed on the tax roll. The City is willing to concede to your wishes that the assess- ment of $20,000. 00 on that part of Barnes Hall used for business purposes be removed from the tax roll provided that in the agree- ment that is made with the University and the City an amount equiv- alent to the payment on the $20, 000 assessment is included in the payment to be made by the University to the City for services rendered by the City. The City shall expect a net payment of at least $20, 000. 00 based on the rate of assessment against the property on the tax roll, the difference to be paid by the University in addition thereto. The members of the City administration feel that it is unfair to request that the amount due for sewage service to that part of the New York State Colleges outside of the City li=mits should be deducted from the payment to be made by the University to the City. The position is taken for the reason that the University had adequate notice that the budget director was willing to include in the budget an amount for the payment by the State Colleges to the City of Ithaca for the sewage service, and it was through no fault of the City administration that this was not done by Cornell University. G 265 Common Council -2- April 30, 1941 "The law and the rules and regulations provide that all proper- ties outside of the City limits of the City of Ithaca should pay a fair sewage rental, and they feel that Cornell University can no longer be permitted to obtain sewage service in violation of the law and these rules. All other private and public institutions, includ- ing the Biggs Memorial Hospital, pay an adequate sewage rental. All of the above, as was the content of your letter of April 22nd, is of course without prejudice in the event that for any reason we are act able to arrive at an amicable and complete settle- ment. Sincerely yours LKT: C Louis K. Thaler, City Attorney" "April 24, 1941 "Allan H. Treman, Esq. Savings Bank Bldg. Ithaca, N. Y. Dear Allan: This is to supplement my letter to you of this morning after an extended conference this afternoon with several members of the City administration, which conference was called at your request. As indicated to you the report made by a member of the State Engineering Department on June 20, 1940, shows "The sewage rental for the University asked by the City authorities of $17, 390 per year indicates a proportion for the University of about twenty-five percent . Based on population the University 's proportion would be about 22. 5 percent - 11 This proves that the City 's figure is not out of proportion greatly with the figures submitted by the State Engineer. In conformity with your request that the City authorities continue to show an attitude of willingness to compromise and cooperate, the figures to you in this morning's letter of $20, 000 have been reduced to $13, 786. This figure was arrived at as follows: A tentative payment for services rendered by the City to the University of $9, 250. The balance is an estimate on the taxes which the City will receive from the properties placed on the tax roll which will be those properties listed in the first and second paragraphs of your letter of April 22nd and Psi Upsilon and Sigma Phi Fraternities. As authorized by the City authorities the University is to pay to the City for services rendered for the year 1941, $13, 796, less such sum as is ultimately received by the City in city taxes from the assessment of the foregoing properties. This concession is made upon the definite understanding that the University will forthwith appoint a committee of engineers or such other technical experts as it deems necessary to cooperate with a committee appointed by the City for the purpose of making a scientific study of the cost to the City of the services rendered by the City to the University for the purpose of arriving at an equitable amount to be paid by the University to the City for ser- vices rendered. The investigation is to be made in the summer of 1941, and the report of the committee submitted to the University and the City for further study at the end of the summer so that a definite understanding can be arrived at before the end of the calendar year when the City makes up its tentative budget for the year 1942. I think that you will agree with me that the City authorities this afternoon showed a willingness to cooperate and to make any fair concessions in order to arrive at an equitable basis upon which to settle the differences between the City and the University. 26qommon Council -3- April 30, 1941 "So that there will not be any misunderstanding the foregoing payment is to be exclusive of the payment to be made for sewage disposal service of the City to the State Colleges outside of the City limits. We again urge that the University take the necessary steps to have this item placed in the budget which is approved by the State of New York for the State Colleges. We call to your attention that Biggs "Memorial Hospital pays the City of Ithaca $2, 500 per year for sewage disposal. The foregoing arrangement is merely tentative and for the year 1941. The foregoing, as was the conference at City Hall, is - without prejudice as to the rights of the City of Ithaca. Sincerely yours LKT: C Louis K. Thaler, City Attorney" "April 29, 1941 "11r. Floyd Springer City Clerk, City of Ithaca Ithaca, New York Dear Mr. Springer: Re: Cornell University I herewith hand you a copy of the resolutions adopted by the Board of Trustees of Cornell University April 26, 1941, from which it appears that the University and the Trustees are desirous of reaching an amicable adjustment of the differences of opinion in regard to the taxability of certain property of the University. The Trustees are willing to continue the present contribution of $9, 250. 00 for this year (of which $$7, 500 was the previous amount of the contribution and $$1, 50 was added when the Psi Upsilon and Sigma Phi houses were built, and to add the further sum of x$600 to the contribution inasmuch as a portion of Barnes Hall is used for the Co-op store. In addition, the University is willing to allow four addition- al properties to remain on the tax roll for this year;-Based upon_ probable tax rates, the foregoing additions seem to constitute an increase of between twenty-five and thirty percent over1last year 's contribution of $9, 250. As a further effort to meet the viewpoint of the City of Ithaca the Committee anpointed to discuss the matter with the City has, since the ;meeting, talked to several of the University officials and because of some facts which have been pointed out, the Committee has obtained the tentative approval to the payment of an additional $$1, 100. While nothing is conceded thereby as to the taxability or legal liability for such amount, the Committee feels that the maxi- mum amount of services being rendered by the City to the buildings occupied by Psi Upsilon and Sigma Phi fraternity groups would be $2, 850, of which 41, 750 is included in the previous contribution of $9, 250- In other words, to summarize the matter, the Trustees desire to adjust the matter amicably; the University is willing to pay (or cause to be paid) the following contribution for the current calendar year 1941 : Prior amount $7, 500 Prior amount allocated to Psi Upsilon and Sigma Phi buildings 1, 750 Additional aalount for Psi Upsilon and Sigma Phi buildings 1, 100 Additional ammount by reason of Cornell Co-op occupancy 600 Total contribution $10—, 950 To add to the tax roll the four properties mentioned in Paragraph "A" of the resolution. All other additions are to be removed and exempt. It is, of course, specifically understood that this letter and enclosure are without prejudice in any event. Common Council -4- April 30, 1941 G t.! "The Trustees feel that because of the definite legal exemption of all properties used for educational purposes as provided in the Statutes and Laws of the State of New York, that the foregoing should be recognized as an expression of good will on the part of the Univer- sity and it is sincerely hoped that the matter can be finally settled by the acceptance of these compromise suggestions. Very truly yours E. R. Eastman Allan H. Treman, Committee" "RESOLUTION ADOPTED BY CORNELL UNIVERSITY BOARD OF TRUSTEES" April 26, 1941 "WHEREAS, differences of opinion exist between the Administra- tion of the City of Ithaca and Cornell University as to the taxa- bility of most of the properties of Cornell which have recently been placed upon the tax roll by the City Assessors, and WHEREAS, the University is desirous of reaching an amicable adjustment of the matter, and recognizes that its properties which have been added to the tax roll fall into several different class- ifications, and that the law as to the taxability of some of them has not been clearly defined, and WHEREAS, the University has in the past made an annual contri- bution to the City, and WHEREAS, the recent additions of property to the tax roll indi- cate that the City is no longer willing to accept the annual contri- bution as a means of adjusting this situation, NOW THEREFORE, it is Resolved: That Cornell University welcomes this opportunity to obtain a clarification of the law as to the tax- ability of certain classifications of its properties, but is also desirous of avoiding needless litigation and controversy and there- fore proposes to the City of Ithaca:- A. That Cornell 's following properties remain on the tax roll this year: 213`-219 Wait Avenue (garage) 117 Triphammer Road (lot) 207-215 Fall Creek Drive (apartments) 225 Fall Creek Drive (residence) B. That the University contends that its properties located upon its original campus are not taxable upon grounds of broad public policy of long standing and under the ?provisions of its Charter and it therefore requests that all such properties be re- stored to the exempt list. C. That Psi Upsilon Hall and Sigma Phi Hall, wholly owned by the University, should be exempt upon the same basis as any other University dormitory. D. That the University -lake its contribution of $9, 250 for this year and add thereto the sum of $600 inasmuch as the protion of Barnes Hall is used for the Co-op store. E. That the University will present a bill from the City in a, reasonable amount to the Budget Director for sewer services rendere( the State Colleges located outside the City, but the University it- self cannot assume responsibility for such bills. F. That this proposal is made without prejudice to the rights of the University to contest the assessments of any and all proper- ties under the protests filed by it and upon any and all grounds, in the event that this proposal is not accepted; and It is further, Resolved: That the University 's Department of Buildings and Grounds proceed with a study and plans for the Univer- sity ' s own sewage disposal system, to the end that the City of Ithaca may be relieved as speedily as possible from the burden of furnishing such services to the University. " 26 Common Council -5- April 30, 1941 Alderman Gibb reported that the Finance Committee met this morning and studied the final proposal as submitted by the University and that the Committee feels that due to the limited time before adoption of the budget for 1941, it would be impossible to further discuss the matter at this time and he offered a resolution approved by the Finance Committee for consideration by the Council.. Assessor Thorne stated that the Board of Assessors has placed twenty-five pieces of University property aggregating $665, 000. 00 in valuation on the assessment roll after deliberation and on the advice of the City Attorney, and that he did not feel that they could be taken off without being shown that they were placed on the roll in error. City Attorney Thaler called attention to Section 35, sub-section 36 of the City Charter and to Section 16 of the County law as to the powers of the Council in correcting the assessment roll. He stated that if this power is invoked it would be an admission that an error has been made. After further discussion it was moved By Alderman Gillette, seconded by Alderman Gibb: Whereas, during the past year conferences have been held by the City of Ithaca and Cornell University authorities ir} an endeavor to adjust equitably and legally a proper compensation by the University to the City of Ithaca for public services rendered and for taxation of certain University properties on and adjacent to the University campus, and Whereas, the City of Ithaca under date of April 24, 1941, in a letter to Allan H. Treman, Savings Bank Bldg. , Ithaca, N. Y. sub- mitted a claim to the University in the amount of $20, 000. 00 which the City considers equitable and just and as detailed in said letter, and Whereas, on further consideration the City of Ithaca has made a supplemental provisional claim upon the University for such com- pensation for the present year in the amount of $13, 786. 00 as stated in City Attorney Thaler 's letter of April 24, 1941 which settlement is considered reasonable and legal as a provisional adjustment for the current year only, and Whereas, the City of Ithaca in addition to the above amount has further rendered a bill in the amount of $1, 089. 00 for sewer service to buildings of the State College of Agriculture situated outside the City limits as required by law, and Whereas, the Board of Trustees of Cornell University has in reply to the City 's proposal offered to pay to the City of Ithaca the sum of $10, 950. 00 for services, and taxes on certain University properties as set forth in a resolution of the University Board of Trustees dated April 26, 1941 and transmitted to the City Clerk by letter dated April 29, 1941, and signed by E. R. Eastman and Allan H. Treman, Committee, and Whereas, such resolution and letter also state that the bill rendered for sewer charges against the above mentioned State build- ings outside the City limits will be forwarded to the proper State authorities but without any assumption of liability by the University Now Therefore Be It Resolved, that owing to legal time limita- tions raking impossible further discussions at this time, the City of Ithaca hereby accepts provisionally and for this year only, the proposal submitted by the University, and recommends that the tax roll of the City of Ithaca be corrected to comply with such pro- posal, and Be It Further Resolved, that the City take the necessary steps, preferably with the collaboration of the University, but if such is impossible, then by the City alone, to institute a thorough investi- gation of its legal rights in the matter of taxation and charges for public services rendered to the University in order to establish a permanent and legal basis for the settlement of the matters in con- troversy, and that such investigation shall be undertaken at the earliest possible time so that it may be completed not later than November 30, 1941, and Common Council -6- April 30, 1941 261%) "Be It Further Resolved, that the acceptance of the proposal submitted by the University shall in no wise interfer or prejudice future procedure in this matter by the City of Ithaca after the termination on December 31, 1941 of this present agreement, and Be It Further Resolved, that the City Attorney be directed to draft, and the Tayor and City Clerk to execute on behalf of the City, an agreement with Cornell University to put into effect the provisions as outlined above. " Ayes 8 Rottmann, Barns, Shurger, Gillette, Perry, Vail, Adams, Gibb Nays 2 1.7azza, Leachtneauer Carried and Approved. Assessor Thorne stated that he was sure the Council realized and apTareciated the position of the Assessors and asked to be fur- nished with all documents in reference to the action of the Council on this matter and it was moved By Alderman Adams, seconded by Alderman Gillette: Resolved, that in view of the resolution previously adopted, the Council hereby requests that for the year 1941 only, the Assessors remove from the tax roll the following prop�!rties. of. Cornell University: Property valuation Portion assessed for taxatio-r Barnes Hall $ 55, 000- $ 20, 000- Millard Straight Hall 11200, 000. 250 000. 113 Triphammer Rd. - vacant lot - O'0 1 x200 1 2, 900. 2, 900. Psi Upsilon Hall Forest Park Lane 100, 000. 100, 000. Sigma Phi Hall Forest Park Lane 90, 000. 90, 000. Johnny Parsons Club, Balch Dr. 15, 000- 15, 000- 5 Central Ave. 10, 000. 10, 000. 13 East Ave. 10, 000. 10, 000- The Circle 6) 500- 6, 500- The Circle 5, 000- 51000- 1 The Circle 9, 000. 9,000. 1 East Ave. 18,000. 18, 000. 9 East Ave. 10, 000. 102000. 11 East Ave. 12, 000. 12, 000- 5 Grove Pl. 15) 000- 15,000. 3 Reservoir Ave. 7, 500- 7, 500- 25 East Ave. 5, 500. 5, 500. 3 Grove P1. 81000. 8) 000. 1 124 Roberts Pl. Land - 11625. 451x851 Building - 11,175. 12, 800. 2 South Ave. 7, 000. 7,000. 2 The Circle (heretofore assessed to Flora Rose) 16, 000. 16, 000. It being understood that the Council recognizes that the Assessors did not cor,=it any error in placing said properties on the tax roll and hereby recognizes that -if said Assessors remove said properties from the tax roll for the year 1941, they shall be relieved of any liability o R responsibility by virtue thereof, Ayes 9 Rottmann, Barns, Shurger, Leachtneauer, Gillette, Perry, Vail, Adams, Gibb Nays 1 11azza Carried and Approved. INSURANCE ON BRIDGES Alderman Leachtneauer suggested that the recent bridge survey may not have been entirely impartial and that it might be possible to have an insurance company inspect the bridges with the view of placing liability coverag@ on them. By Alderman Leachtneauer, seconded by A-lderman Vail: Resolved, that the matter be referred to the Finance Committee for investimation and re-oort at the next meetiiV of the Council. Carried. On motion the meeting was adjourned to reconvene at the call of the .:ayor. F. H. S anger, City Clerk ►� 270 COL3YON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Adjourned Regular Meeting 7: 30 P. 11. May 2, 1941 PRESENT Mayor - Campbell Aldermen - Mazza, Rottmann, Barns, Leachtneauer, Gillette, Perry, Vail, Adams, Gibb Attorney - Thaler Assessor - Thorne Clerk - Springer PURPOSE OF MEETING Mayor Campbell announced the meeting was called to further consider developments in the matter of placing Cornell University property on the assessment Roll as the Assessors have not agreed to remove the parcels as recommended by the Council at the meeting held April 30, 1941- The following letter explaining the position of the Assessors was read: "May 2, 1941 "To the Mayor & Common Council, City of Ithaca. Gentlemen: Re: Cornell Assessments Throughout the present difficult consideration of the matter of taxing certain Cornell properties, and the situation as it now develops, it has been hard to overlook some phases of the procedure of the "Negotiations" , to which the Assessors were at no time a party, and yet as an aftermath of which the Assessors must certain- ly bear the brunt of public criticism in the event that they, accede to the Council 's request and remove, even temporarily, those prop- erties from the Roll of Taxable Properties. However, I feel that by now we have fully suppressed all feel- ings that might unfairly prejudice our decision, and after thorough and relatively calm consideration of all the known facts and likely consequences, the situation sinners down to this: The Council had no legal right to enter into any deal whereby they offered to -trade any other consideration against properly assessible taxes. The property concerned, we believed and still do believe, is properly taxable, and the taxes therefore properly assessible. To remove them then would be contrary to our considered individual and combined judgment. And we believe that any agreement even trough otherwise valid, made without our knowledge and partic- ipation could not be binding upon us. The Proposal to the University definitely stated that certain properties would be removed from the roll, under certain conditions of payment by the University. That seems a very unfortunate position for the Councilmen to take in as much as they do not have it to say what is taxable and what is not. If, as the second Resolution points out, the Assessors committed no error in putting those properties on the roll,- then by the same logic, they would commit an error it taking them off. I have gone over this phase thoroughly with our City Attorney and he gives me no guarantee that I could not be prosecuted for taking them off when such act would be against my better judgment, and neither will the Deputy Tax Commissioner, nor the Comptroller 's Department assure me that I could expect any immunity on charges of malfeasance in office, in such an event. Until we can receive such a guarantee, or until we can be con- vincingly shown that we have erred in placing them on the roll,- in other words that the disputed properties are not taxable, the Board of Assessors cannot vote to take them off, even as a temporary maneuver. We regret the delay and crowding of work which is in- evitable, but we are firm and honest in our convictions. We will however keep trying, and will gladly co-operate in every honorable and lawful way. Respectfully Henry Calder Thorne, Assessor" 2 1- Common Council -2- Ilay 2, 1941 City Attorney Thaler explained the situation as it effects the Assessor and stated that if the properties are removed from the Roll as requested by the Council, the Assessors may be charged with mal- feasance in office, and Assessor Thorne asked that in case he is ordered to remove the properties from the Roll, should he not be shown that an error was made. Allan H. Treman, Attorney for Cornell University, appeared at the request of the Council and speaking for the University stated that any action taken by the Council at this time in directing the transfer of these properties to the exempt list would be without prejudice as against the City and would not be binding upon the University or the City in the future. Mr. Thorne requested an opportunity to clarify any misunder- standing in regard to placing these properties upon the Roll. He stated that together with Alderman Barns he inspected each of the properties and that at a meeting of the full Board of - Assessors together with the Ilayor, City Attorney and Alderman Barns, the properties were discussed item by item and that the Assessors unanimously agreed that they should be placed on the assess--:lent Roll. After further discussion, it was moved By Alderman Adams, seconded by Alderman Vail : WHEREAS, the Assessors of the City of Ithaca have not complied with the request of the Common Council as adopted in a resolution at an adjourned regular meeting held April 30, 1941, and 77HEREAS, Allan H. Treman, as Attorney for Cordell U�.iversity, appeared before the Common Council and assured the Council that any action ta',.en by it in directing the transfer to the tax exept list on t1ie assessment Roll of the properties listed in the .resolution adopted o_n April 30, 1941 would be without prejudice -as against the City and would not be raised as to any further action which the City may take as to these -properties after the year 1941, 1107, THEREFORE BE IT RESOLVEED, that as to the properties listed in the resolution adopted on April 30, 1941 an error was committed in placing said properties on the tax Roll at this time, and BE IT FURTHER RESOLVED, pursuant to -provisions of subsection 36 of Chapter 35 of the Charter of the City of Ithaca and Chapter 16 of the County Law, of the State of Few York, that the Common Council hereby directs the Assessors of the City of Ithaca to place said properties on the tax exempt list of the assessment Roll of the City of Ithaca for the year 1941. Ayes 7 Rot-"Oriann, Barns, Gillette, Perry, Vail, Adams, Gibb Nays 2 Mazza, Leachtneati?er Carried and Approved by the IEayor. ROSE".'ARY LANE - BERGHOLTZ TRACT Alderman Adams reported that the Town of Ithaca has agreed to i nprove Rose_. re I the Bergholt7Tr.i f the City will deed the right of way to the %514tlie asked S_7--1 Tre­.:a,n for his ' opi .lion as Cllair-lan of the Stewart Park Co a ^ission. "r. Tre:�°�an stated that the Commission would not favor turning the street over to the County as the Commission hopes that the several -oarcels in the tract owned by private individuals will in tune be included in the tract. City Attorney Thaler stated that he recently advised Town Superintendent Baker to present a forial request to the City for transfer of the street to the County after which the .Matter will be brought to the attention of the City officials. IN.SURAINCE ON BRIDGES Alderman Barns reported that he has requested information in regard to i_surance on bridges from five different insurance coinpa ies, and it was agreed that information should be uecured and re ported to the Council. Alderman Gillette reoom:tlended that the bridges should be policed to enforce the regulations hosted for weight limit allowed. On :motion the meeting was adjourned to reconvene at the call of the Mayor. r 001FIvION COUP?CIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 5: 00 P. T: . gay 7, 1941 PRESENT � '_ayor - Campbell Aldermen - ;azza, Rottmann, Barns, Shurger, Leachtneauer, Gillette, Perry, Adorns, Gibb Attorney - Thaler Assessor - Thorne Clerk - Springer Dep. Clergy: - Blean Chamberlain - Snyder M=INUTES After a=mending the first sentence of the -paragraph under Rosemary Lane on page 2 of the minutes of May 2, 1941, to read as follows "Alderman Adams reported that the Town of Ithaca has agreed to improve Rosemary Lane in the Bergholtz Tract if the City will deed the right of way to the Town of Ithaca and he asked iZr. Treman for his opinion as Chairman of the Stewart Park Commission, " the minutes of the meeting held April 30 and may 2, 1941 were duly approved. PAVING ASSESS11ENTS - W. STATE STREET, STEWARTAVENUE Attorney Thaler reported that due to the veto by Governor Lehman of a bill authorizing the Common Council to expunge the paving assessments against the properties in 17. State Street and Stewart Avenue, it will be necessary to adopt a local law to expunge there and it was moved By Alderman Gibb, seconded by Alderman Leachtneauer: Whereas, there was -presented to the Common Council at its meeting of April 3, 1940' a report that a hearing was held by the Board of Public 7orks on March 13, 1940 in regard to assessments for the repaving of W. State Street from Albany Street to Floral Avenue including the intersection which was done in 1937 and for the repaving of Stewart Avenue from E. State Street to just north of the South Avenue intersection which was done in 1936 and 1937; and Whereas, a confirmation of the assessments for the repaving of W. State Street and Stewart Aventine was tabled by the Common Coun- cil at said meeting; and Whereas, at the meeting of the Common Council on January 2, 1941, a resolution was duly adopted authorizing the Iayor to sign a. request to the State Legislature for the enactment of a bill authorizing the Common Council to expunge the paving assessments against the properties for the paving in W. State Street and Stewart Avenue as. above set forth; and s"hereas, the Mayor was again authorized to sign such ?etition by the Common Council at its meeting on Viarch 21, 1941 ; and Whereas, a similar law was enacted by the State Legislature in 1935, being Chapter 74 of the Laws of that year which permitted the Common Council of the City of Ithaca by resolution to cancel the assessments for the repaving on N. Cayuga Street, north of Cascadilla Creek; and Whereas, the City Attorney had reported that he had communicated with the Attorney General 's office and the Attorney General 's office confirmedthe City Attorney in his opinion that an amendment to the Charter of the City of Ithaca nW&g repaving a general city charge could not be made retroactive so as to relieve the payment of the assessments by the abutting property owners on T. State Street and Stewart Avenue ; and Whereas, pursuant to the request by the mayor to the State Legislature, a bill was introduced by Assemblyman Shaw in the Assembly authorizing the City of Ithaca to cancel assessments for the repaving; of Stewart Avenue and W. State Street as above set forth and said bill was passed both by the State Assembly and the State Senate; and Whereas, said bill was not approved by Governor Lehman and with his veto gave the following message: "Under the City Home Rule Law the purpose sought to be accomplished by this bill may nroperly be ,accomplished by the enactment of a local law- " Now Therefore Be It Resolved, that a local law be adopted to aeco;:rolish the expunging or cancellation of any assessments for the repaving on 71. State Street from Albany Street to Floral Avenue done in 1937 and on Stewart Avenue from E. St^,te Street to just north of the South Avenue intersection done in 1936 and 1937, and Common Council -?- 'Tay 7, 1941 Be It Further Resolved, that the cost for said repaving be made a general City charge. Ayes 9 Nays 0 Carried and Approved. Alderman Vail entered the Council chamber at this time. E%:.ERGE?,TCY i1::ESSAGE RE-PAVING ASSESS1,iENTS The following emergency message from the layor was read: "To the Common Council of the City of Ithaca It appears to my satisfaction that the public interest requires the irmnediate passage of the local law hereinafter referred to. In accordance with the provisions of Section 13 of the City Home Rule Law of the State of New York, and by virtue of the authority conferred on me, I do hereby CERTIFY to the necessity of the immediate passage of the local law entitled "Non-application of Section 15* of the City Charter as to the repaving on W. State Street from Albany Street to Floral Avenue including the intersec- tion which was done in 1937 and to the repaving of Stewart Avenue from E. State Street to just north of the South Avenue intersection which was done in 1936 and 1937, 1' a copy of which is hereto annexed. Given under my hand and seal of the City of Ithaca this 7th day of slay, 1941. (Seal) Joseph Ca-mmobell, T ayor of the City of Ithaca, New York ATTEST : F. H. Springer, City Clerk" By Alderman Gibb, seconded by Alderman Gillette : Local Law nl - 1941 BE IT ENACTED BY THE COa :;,:ON COUNCIL OF THE CITY OF ITHACA AS FOLLOWS: Section 1. 17on-application of Section 154 of the City Charter. Section 154 of the City Charter shall not a�?;Ply to the repaving on T?'. State Street from Albany Street to Floral Avenue including the intersection which was done in 1937 and to the repaving of Stelxart Avenue from E. State Street to just north of the South Avenue intersection which was done in 1936 and 1937. Section 2. Cancellation of _3ssess;ne-nts. Any and all assessments a�,ainst the abutting property owners on 7. State Street and Stewart Avenue for said repaving be and they hereby are cancelled. Section 3. General Charge. The cost for repaving said streets including such -,oart of the cost as would under Section 154 of the City Charter be assessed against abutting Property owners is hereby made a general City charge. Section 4. Release from Lien. All such abutting properties on said streets are hereby re- leased from the lien of any assessments for the said repaving in- cluding fees, percentages and expenses, if any. Section 5. This local law shall -not take effect until forty- five days after its adoption. Ayes 9 iazza, Rott�,ian_rz, Barns, Shurger, Leachtneauer, Gillette, Perry, Ada.�1s, Gibb Nays 1 Vail Carried. An-proved: XA 7 l� 1941. V4,t, 0- Mayor 1 4 Common Council -3- May 7, 1941 I!:iPROVE'_ ENT PROGRAM ��r. John C. Burns appeared before the Council and stated that he appeared as a taxpayer and as President of the Bryant Park Civic Association to urge the approval of the improve- ment program as presented by the L?oard of Public 7orks and especially urged the paving of E. State Street and P:iitchell Street stating that these thoroughfares are really a disgrace to the City. It was explained that action on the program was tabled until the fate of the Reilly bill was learned or until this meeting, and since the Reilly bill was vetoed by the Governor, the matter would be decided at this meeting, and it was moved By Alderman Barns, seconded by Alderman Shurger: Resolved, that it is the sense of this Council that the imD rove- ment program recommended by the Board of Public "forks for the year 1941, in the estimated amount of $303,000. be approved, and Be It Further Resolved, that the necessary five percent of the estimated cost of the improvements be included in the budget for 1941, and the balance provided by the issuance and sale of improve- ment bonds. Ayes 10 Carried and Approved. . r By Alderman Adams, seconded by Alderman Shurger: Resolved, that it is the sense of this Council that in the program of improvements submitted by the Board of Public Yorks that replacement of the DeWitt Place bridge be eliminated. Carried. AUDIT By Alderman Barns, seconded by Alderman Shurger: Resolved, that the bills audited by the Finance Committee be and the same hereby are approved and ordered paid. Carried. TAXI STAND Alder man Leachtneauer reported that the Police Committee and Police Department are not in favor of providing free stands for taxis. By Alderman Barns, seconded by Alderman Shurger: Resolved, that the recommendation of the Committee be accented and approved. Carried. ASSE'SSiMENTS Assessor Thorne reported that he went to Albany on Ionday at his own expense to confer with State tax officials and at an interview with Tax Commissioner, John P. Hennessy and Deputy Commissioner, Daniel R. Spratt, he was assured that the position taken by the local Assessors in regard to the removal of Cornell University properties from the assessment roll was "sound" and agreed that the assessments must stand, and that the action of the Council in ordering the removal of the parcels from the roll was invalid as only manifest clerical errors may be corrected by the Council. Attorney Thaler stated that he was in Albany on ionday and talked with 1:1r. Spratt over the phone and from the information re- ceived was convinced that the properties must remain upon the roll. By Alderman Adams, seconded by Alderman . azza: Resolved, that i?ir. Thorne be reimbursed in an a_nount not to exceed 6'?0. 00 for the expense of his trip to Albany. ; Unanimously Carried. BUDGET-1941 A letter from the Finance Committee, a copy of which is herewith appended, making reoomnendations in regard to the 1941 budget and tax rate was presented. By Alder-man Barns, seconded by Alderman Gibb: Resolved, that the general tax rate for 1941 be set at $14. 80 per thousand and the rate for highway purposes on pension and b6nus exempt property be set at $3- 80 per thousand. Ayes 9 Rottmann, Barns, Shurger, Leachtneauer, Gillette, Perry, Vail, Adams, Gibb Nays 1 Mazza Carried. Approved: May 7, 1941 E `I Josep Campbell, 7r.ayor is �i I Common Council - Audit Sheet -`4av 7, 1941 i X,a ne .amount Norton Printin g Co. w 5. 00 Ithaca Journal 4. 06 New York Telephone Co. 4. 84 Stover Printing Co. 62. 1ti The 1 cDee Comroany 16. 6 Addressogranh Sales A��,,-ency 32. 00 Gilliam : . Church Co. 29. 30 Geo. H. Shi;abecker 29. 00 T. G. :iller•s Sons Pa?aer Co. 13. 11 :?atthew Bender 2: Co. 12. 00 D. S. Purdy 47. 23 Lav,rence i . l=intz 30. 00 'Kee Lox .`fg. Co. 1. 25 Chase rational Bank F. 00 Socony Vacuum Oil Co. 97. 26 Auto Body & Radiator . �s. 9. 0 T. Pritchard 3. ?F Seneca St. Garage 18. 30 (' Stallman of Ithaca 2. 58 Ithaca Laundries Inc. . 66 New Yore. iele`ohone Co. 9. 26 Par_;:er � Granville 1. 70 North Jersev Paint Co. , Inc. 37. 50 C J. Ramsey e- Co. 5. 0 N. Y. S. electric & Gas Core. 66. 1a H. 0. Teeter 1. 25 P. �V- ','ood & Son 26. 11 H A. Carey Co. , Inc. 9. `;3 Donohue-Halverson Inc. 5. 4 Barbara r . Black 5O. ;0 Dual Pa.r"sin:-,• `,-eter Co. 12. 60 �( I inance Co-'�uittee /J 4 i �I c r i I BOARD OF HEALTH tav 6, 1941 Mrs . Idabel Carlton 7. 50 y` ' City of N. Y. Health Dept. 9.63 >- Hart Pharmacy 2.15 y ' 8 . �j Dr. J. W. Judd 20.0*0 k" Kline' s Pharmacy 1.75 A. H. Stubblefield 3. 50 J. Kolar 61.15 N. Y. State Elec. & Gas Corp. 1.92 � T. G. Miller' s Sons Paper Co. 3. 28 N. Y. Telephone Co. 7. 28 ' Ithaca. Journal 6.00 Stover Printing: Co. 6. 25 ° I Norton Printing Co. May 7, 19 41 Honorable P: ayor and Common Council Gentlemen: Having examined the budget tentatively approved by the Common Council on December 19, 1940, including estimated ex- penditures and receipts for the year 1941, and having noted various additions approved by the Council since that date, your Committee recommends the final adoption of the budget for 1941 with the following; changes. Item #169 - Plumbing Inspector, reduce $1, 250. since this item has been assumed by the Water Department leavin a total . appropriation of 250. Item AA - haintenance of Fire buildings, reduce $5. 00 making a total appropriation for the Fire Department of $62, 000. Item ,,1400 - City Cemetery, increase ��',450. to � 3, 450- Item - Contingent Fund, increase yk 8, 576. to A0, 576. The contingent fund has been increased to provide $16, 000. , the estimated amount necessary for the City to provide from unappropriated current funds toward the proposed improvement program of Q303, 000- ,and other con- tingencies which may arise during the year. Tax Rate In view of the foregoing facts your Committee recommends fixing the general tax rate at 814. 80 per thousand, and the rate for highway purposes on properties exenpt by .reason of pension, bonus or insurance at $). 80 per thousand. These rates will provide the City with a balanced budget for 1941 as follows: su:.gmary of Estimated Receipts and Disbursements Estimated Receipts Tax on real property (general) at 014. 80572, 90. 68 Tax on pension exempt property (hwy. only)43. 80 511. 76 :iiscellaneous revenues 270, 939- 56 (17742- 00 0 Total budget appropriations for all purposes $844, 382- 00 This compares favorably with last year ' s budget which amounted $846, 738- 00 of which $62, 000- 00 was provided by a re- funding bond issue and we consider this a definite step toward a nay as you go policy. espectful sL tt e 1 nce Commit e 1 4 1941 CITY BUDGET City of Ithaca, N. Y. 1. GEIZEY AL GOVERNMENT $ 74, 195.00 101 Common Council $ 200.00 102 14ayor' s Office 2,890.00 108 Chamberlain' s Office 8,659.00 110 Clerk, Comptroller, Registrar 11, 110.00 111 Assessor' s Office 2,600.00 112 Attorney' s Office 2,200.00 113 Civil Service Commission 300.00 114 Board of Public Works 3,738.00 116 Engineer' s Office 8,500.00 117 Election Commissioners 4,933.00 118 City Court 5,000.00 119 City Hall 8,600.00 12.0 Isolation Hospital 125.00 128 Employee' s Retirement System 14,250.00 12.a Undistributed Expenses 1,200.00 II . PROTECTIOP: OF PERSOPS & PROPERTY • 121,390.00 130 Police force 56,300.00 132 Fire force 57,430.00 133 Fire Dept. buildings 4,570.00 134 Building Commissioner 1,490.00 137 Sealer of Weights & Measures 1,600.00 III. CONSERVATION OF HEALTH 194,000.00 150 Administrative 4,285.00 151 Conservation & Inspection 5,990.00 152 Isolation Hospital Case 200.00 153 Parochial Schools 1,350.00 154 Venereal Clinic 225.00 155 Miscell. Health Clinics 6,035.00 156 Nosquito Control 700.00 157 Lunacy Examinations 100.00 158 Dental Clinic 225.00 IV. SANITATION & CLEANLINESS 34, 250.00 161 Street Cleaning 9,500.00 162 Refuse & Garbage 22,000.00 169 Storm Sewers 3,500.00 169 Plumbing Inspector 250.00 V. HIGHWAYS, CREEHS & BRIDGES 63,850.00 190 Street Li.:�iting 24,000.00 181 Highway ;Maintenance 26,000.00 182 Snow & Ice 5,000.00 183 Franklin St. Buildings 750.00 184 Bridge Maintenance 4,000.00 185 Creek Maintenance 1,200.00 186 Machine Shop Maintenance 2,900.00 VI. PUBLIC WELFARE RELIEF 99,975.00 190 Administrative Expenses 17,442.00 191 Home Relief 82,533.00 VII. OLD AGE RELIEF 110,025.00 200 Administrative Expenses 8,525.00 201 Old Age Relief 101,500.00 -2< VIII. PARKS & RECREATION $ 24,050.00 230 hark Dept. , General $ 9,500.00 231 Percy Field 250.00 232 Stewart Park 6,400.00 233 Treman Park 750.00 234 Golf Course 3,900.00 235 Airport 3, 250.00 IX. PUBLIC UTILITIES (Non—coT.runer.) 9,107.00 250 .funicipal Parkin; Area 3,1x7.00 251 Municipal Coinfort Station 1,470.00 400 Cemetery Fund 3,450.00 X. MISCELLANEOUS 14,675.00 260 Judgments & Settlements 700.00 261 Workmen' s Compensation 2,000.00 262 Taxes ex pun;ed or paid 500.00 263 Tax Sale expense & purchases 1,500.00 264 Contributions Library; G.A.R. 2,075.00 269E General Insurance 5,300.00 26(11 Rent of offices in Library Blda. 2,600.00 XI. LTI NICIPAL INDEBTIMNESS 190,299.00 270 Bond Principal 153,000.00 272 Bond Interest 36,799.00 273 Interest on Temp. Loans 500.00 XII. COKSTRUCTION & PERMANENT IMPROMIZITM 44,000.00 XI I I. CONTINGENT FUTD -- 4p 5�6,0.0- Granf. Total of Estimates or BUDGET $ 8442.QO BUDGET SUMMARY (Recap. by Groups as Provided by City Charter) Estimated_y erses Board of Public Works $ 162,330.00 Public �ielfare 210,000.00 Public Health 19,000.00 Fire Department 62,000.00 Under Common Council ..)6 6 3..0 Total aaintenance 610,093.00 Debt Service 190. 28 '.M 800,392.00 Permanent Improvements 44Oo Total Budget Expense $ 844 82.DQ ASSESSED VALUATION FOR 1941 The 1941 Assessment Roll shows the following valuations: Total real property valuation $61,043,600.00 Total Franchise valuation 996.958.00 Total Full Valuation 62,040,559.00 Total Exemption 23432�,Q29.QQ Total Net Taxable Valuation $ 8 11 r • -3- ESTIMATED INCOIM FOR 1941 For Relief Rurposes $ 210,000.00 Home Relief and Old Age Assistance $108,192.00 (Sta.te & Fed-eral Reimbursements) Utility Taxes 12, 700.00 From City Tax Levy 89,113.00 for All Other Pu42oses 99,347-32 Mort- ze Taxes 2,500.00 Franchise Taxes 10,00-).00 Personal Income Taxes 18,000.00 Beverage Taxes 30,000.00 Street Railway Franchise 150.00 Fees, Fines, Licenses, etc. 5,500.00 Departmental Earnings 20,029.32 rater Dept. (Share of Admin. Expenses) 5, 700.00 a ester Dept. (Sevier Bond Debt) 5,968.00 Refund. on Mlayorl s Salary, (Part) Reserve for Debt Rotirement 3,573.43 Sarplus from prior year 48 13 6.91 h1, 710.24 Tax Lovy or. $134,675. @ 3.30 per 141 511.76 for hiThway purposes Tax bevy on $3/, 711,533. 14.30 per M for all other purposes $572,930.69 Less amount for relief as above 99, 119-0Q 49 912.68 4,g4.324.44 Total Budget Income $ s44-392.00 Approved and adoptod by the Common Council P;:ay 7, 1941. F. H. Springer City Comptroller Com::lon Council -4- May 7, 1941 The Clerk reported that the assessment roll for 1941 has been completed, footed and proved and showed the following total values : Land $lo, 964, 525. Buildings 0 00 0 Real Property 61) 043, 600. Exempt Property 23, 329, 025. Net Real Property 3575- Franchise 996, 958. Total Taxable X3 , 711, 533. He also reported that valuations in the amount of .$134, 675. were exempt by reason of pensions and/or bonuses but were taxable nevertheless for all highway purposes. Further, that the tentative budget for 1941 amounting to ,844, 382. as already agreed upon, could be balanced by applying a tax rate of $14. 80 for all general city purposes and a tax rate of 80 on �3• pension, bonus and insurance exempt property for all high- way purposes. He suggested that it was incumbent on the Council at this time to officially approve the budget, fix the tax rate, levy the taxes and make appropriations. By Alderman Adams, seconded by Alderman Perry: Resolved, that the budget estimates and requisitions, as agreed upon, be and the same hereby are finally approved, adopted and confirmed •in the total sum of $844, 382. in accordance with the detailed budget statement appended herewith, and 7hereas, available and estimated revenues total $150, 057. 56, and estimated revenues to be used for welfare relief only, total $120, 882. thereby leaving $573, 442- 44 as the amount to be raised by taxation, and 11hereas, the assessment roll for 1941, certified and filed by the City Assessor, has been footed and proved by the City Clerk and shoes a total net taxable value of $38, 711, 533. And Whereas, the total tax limit as prescribed by the City Charter amounts to $662, 949. 75 for 1941, therefore, Be It Further Resolved, that the tax rate for all highway pur- poses be and the same hereby is established and fixed at 43. 80 per one thousand dollars of valuation exe,apt by reason of pension, bonus and/or insurance, and that the tax rate for general city purposes for the fiscal year 1941 be and the same hereby is established and fixed at $14. 80 per one thousand dollars of taxable valuation as shown, certified and extended against the respective -properties on the 1941 city tax roll thereby making a total tax levy, as near as may be, of $5,73, 442. 44 and, Be It Further Resolved, that the amount of said tax levy be spread and levied and the same hereby is levied upon and against the respective properties shown on said city tax roll in accordance with their respective net taxable valuations at the rate of $14. 80 per one thousand dollars of such taxable valuations, and Be It Further Resolved, that the City Clerk be and he hereby is directed to extend and apportion the city tax as above, and that upon the completion of the extension of said roll the Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy, and the Mayor and City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said roll with the City Char�lberl&in, and Be It Further Resolved, that upon the execution and filing of said warrant and tax roll with the City Chamberlain, the amounts of the city tax set opposite each and every property shall thereby become tax liens, due, payable and collectible in accordance with the provisions of the City Charter and other laws applicable there- to, and Be It Further Resolved, that the total sum of $844, 382. be appropriated in accordance with the tax budget as adopted, to the respective boards, offices and departments of the city for the purposes respectively set forth therein. Ayes 10 %otion Carried. Approved this 7th day of May, 1941 '�IosepE Campbell, dayor 176 Common Council -5- May 7, 1941 REDISTRICTING WARDS 4 AND 5 Alderman Perry recommended redistrict- ing the 4th and 5th Wards due to the conjestion in these districts, and it was moved By Alderman Perry, seconded by Alderman Gibb: Resolved, that the matter be referred to the Charter and Ordinance Committee for study and report to the Council. Carried. HAYORS CONFERENCE Alderman Perry reported that Alderman Barns has attended the Mayors Conference for a number of years at his own expense, and he recommended that Mr. Barns be authorized to attend the conference this year as a representative of the Council at City expense. By Alderman Perry, seconded by Alderman Vail: Resolved, that the Mayor, City Attorney, Alderman Barns and the City Chamberlain be authorized to attend the Mayors Conference in Albany on June 9, 10 and 11 at City expense. Carried. On motion the meeting was adjourned to reconvene at the call of the Mayor. F. H. ringer , City Clerk i r • r lid COHMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 5:00 P- li- June 4, 1941 PRESENT %,ayor - Campbell Aldermen - Mazza, Rottmann,' Barns, Shurger, Leachtneauer, Gillette, Perry, Adams, Gibb Supervisor - Norris Attorney - Thaler Clerk - Springer Chamberlain - Snyder Police Commissioner *4 Comfort MINUTES Minutes of the preceding meeting were duly approved. MAYORS CONFERENCE A letter from Assessor Thorne was presented re- questing permission to attend the Hayors Conference in Albany on June 9, 10 and 11. By Alderman Barns, seconded by Alderman Gibb: Resolved, that Assessor Thorne be authorized to attend the conference at City expense. Carried. REPORT OF THE PLANNING COPEIISSION A letter from E. D. Kontillon, Chairman If the Planning Commission, was presented reporting on the progress of the study by the Commission of the proposed new zoning ordinance. Extensive progress was reported and the Council was requested to receive a report of the completed study of the ordinance in the Fall. By Alderman Adams, seconded by Alderman Perry: Resolved, that the report be accepted. Carried. B. A. SCOUT - DA'HAGE CLAIM Attorney Thaler reported that upon his recommendation, the Board of Public Forks approved settlement of the damage claim in the amount of $85. 16 filed by B. A. Scout. He stated that the Scout car was damaged in a collision with a City trueh at the intersection of Green and Cayuga Streets. By Alderman Adams, seconded by Alderman Gibb: Resolved, that the claim be settled in an amount not to exceed $85. 16. Carried. CERTIORARI PROCEEDINGS Attorney Thaler reported that the Clerk �-- was served v7ith writ of certiorari on Saturday A.:'.. in the case of Cornell University assessments and that the writ directed that the records be produced in court in Binghamton on June 20, 1941. By Alderman Perry, seconded by Alderman Adams: Resolved, that City Attorney Thaler be authorized and directed to defend the City in the action, and Be It Further Resolved, that the Attorney, Assessorsand City Clerk be directed to present the necessary records in court on June 20, 1941. Carried. LOCAL LAW RE UTILITY TAX Attorney Thaler reported that after pre- sentation on April 21, 1941 of a proposed Local Law to continue the utility tax until June 30, 1942, it was found that a change in the State statutes had been -rqade which made necessary the preparation of a new Local Law, and the following Emergency Message from the I:.;a.yor was presented: I'To the Co:^,i non Council of the City of Ithaca, N.Y. It appears to my satisfaction that the public interest requires the immediate passage of the Local Law hereinafter referred to. In accordance with the provisions of Sec. 13 of the City Horne Rule Lave of the State of New York, and by virtue of the authority conferred on me, I do hereby CERTIFY to the necessity of the immediate i-)assage of the Local Law entitled "l;o Tax on Gross Incomesor Groas Onerat- ing Incomes of Corporations or Persons furnishing Utility Services in the City of Ithaca, " a copy of which is hereto an:aexed. " Common Council -2- June 4, 1941 "Giver under my hand and the Seal of the City of Ithaca, X.Y. June 4, 1941. 11 ATTEST: Joseph Campbell Jayor of the City of Ithaca., Y. Y. Cite 01er' (Seal) LOCAL LA7 #2 - 1941 A Local Law to emend Local La.w V2 of the City of Ithaca for the year nineteen hundred thirty-seven, as amended., in relation to clarifying and continuing the tax on gross incomes or gross operating incomes of corporations and persons furnishing utility services in the City of Ithaca, as authorized. by section twenty-b of the General City Law of the State of New York. By A1dervan Gibb, seconded by Alderman na7za: BE IT ENACTED BY THE CO2211ON COUNCIL OF THE CITY OF ITHACA AS FOLLOWS: Section 1. Declaration of legislative intent. By section twenty-b of the General City Law, as added by chapter three hundred tkrenty-one of the laws of nineteen hundred thirty-seven, cities were authorized to enact local laws imposing a tax such as is im- Dosed by section one hundred eighty-six-a of the tax law. Pursuant to such authority, this City enacted Local Law #2 for the year nineteen hundred thirty-seven :aodeled upon said section one hundred eighty-six-a. Said section was eavicted upon the recd iendation of the GoverAor of the State as an emergency :measure to aid in financ- ing, the extraordinary cost of relief. It was intended thereby and likewise by the Local Law enacted in this City pursuant to the above mentioned authority, to impose a tax on utility services whether rendered by utilities in the strict sense or not, and whether such services were in the main or incidental part of their business and regardless of whether the public streets were used in any manner. Accordingly, such a utility was defined for the pur- poses of the tax, as including every person subject to the super- vision of the department of public service and every other Person furnishing; utility services. It was intended to include persons and corporations which were directly in competition with ordinary utilities, such as, landlords and submeterers, who buy their ser- vices from other utilities and, in turn, resell such services. For that reason the tax was imposed on receipts from sales to ultimate consumers. Receipts from the sale of such utility services to sub- meterers were not taxed, but receipts of submeterers frOm their own customers were intended to be taxed. Any other construction would have resulted in a cow_nlete exemption from taxation of utility services sold or furnished by this particular method. Furthermore, these submeterers or landlords, prior to a, decision by the appellate courts construing section one hundred eighty-six-a of the tax law, which decided that submeterers were not subject to tax, considered themselves subject to tax and UK into consideration in computing their operating cost the additional burden of the tax. In view of the fact that these landlords or submeterers have considered themselves as subject to tax, have based their charges to their customers in consideration of the tax and are in competi- tion with ordinary utilities, this Local Law, making it clear that they are requiaed to include in gross operating income receipts from sales or services similar to those rendered by ordinary utili- ties, is -.made retroactive to the original enactment of this tax. Furthermore, it is believed that subrmeterem have common characteristics that distinguish them from other businesses and justify the conclusion that the Method, character and Mature of their busiaess, in this aspect, is substantially similar to the 't A. ei Common council -3- June 4, 1941 business of an ordinary utility and requires similar treatment for purposes of the tax. This conclusion is strongly fortified by the e fact that such landlords and subr.ieterers are in direct competition with ordinary utilities, and hence should bear similar tax burdens in order to avoid inequality of treatment. Section 2. The caption and sections one, two and four of Local Law 42 for the year nineteen hundred thirty-seven, as last amended, are hereby amended to read as follows: Section 1. Tax on the furnishing of utility services. Pursuant to the authority granted by section twenty-b of the General City Law of the State of New York, a tax erlual to one per centum of its gross income for the period from July first, nineteen hundred thirty-seven, to June thirtieth, nineteen hundred forty-two, is hereby imposed upon every utility doing business in the City of Ithaca Which is subject to the supervision of the state depart aent of public service, except motor carriers or brokers subject to such supervisio-a under article three-b of the public service la7, and a tax equal to one per centum of its gross operating income is hereby imposed for the score period upon every other utility doing business in the City of Ithaca, which taxes shall have application only with- in the territorial limits of the City of Ithaca, and shall be in addition to any and all other taxes and fees imposed by any other provision of law for the scene period. Such taxes shall not be im- posed of any transaction originating or consuamated outside of the territorial limits of the City of Ithaca, notwithstanding that some act be necessarily performed with res'oect to such transaction within such limits. Section 2. As used in this section, (a) the word "utility" in- cludes every person subject to the supervision of either division of the state department of public service, except persons engaged in the business of operating or leasing sleeping and parlor railroad cars or of operating railroads other than street surface, ra?)id transit, subway and. elevated railroads, and also includes every person (whether or not such person is subject to such supervision) who sells ;as, electricity, steal, water, refrigeration, telephony or telegraphy, delivered through -Mains, pipes or wires, or furnishes gas, electric, steam, water, refrigerator, telephone or telegraph service, by :means of -mains, pines, or wires; regardless of whether such activities are the main business of such person or are only incidental thereto, or of whether use is made of the public streets; (b) the word "person" means persons, corporations, co--�ipanies, associa- tions, joint-stock associations, co-partnerships, estates, assignee of rents, any person acting in c, fiduciary capactiy, or any other entity, and persons, their aesigness, lessees, trustees or receivers, appointed by any court whatsoever, or by any other :means, except the state, municipalities, political a_id civil subdivisions of the state or r_:unicipa,lity, and public districts; (c) the words "gross income" mean. and- include receipts received in or by reason of any sale, con- ditional or otherwise, (except sales hereinafter referred to with respect to which it is provided that -profits from the sc,le shall be included in gross income) made or service rendered for ultimate con- su_lntion or use by the purchaser in the City of Ithaca, including cash;, credits and property of any '_rind or nature (whether or not such sale is :wade or such service is rendered for T)rofit ) , without any deduction therefrom on account of the cost of the property sold, the cost of the ;materials used, labor or services or other costs, interest or discount paid, or any other expense whatsoever; also profits front the sale of securities; also profits from. the sale of real 'property growing out of the o,,,nership or use of or interest in such property; also profit from the sale of personal property ( other than property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the period for which a return is made) ; also receipts from interest, dividends; and royalties, derived from sources withi-ri the City of Ithaca other that such as are received from a corporation a :majority of whose voting stock is ov-ned by the taxpaying utility, without any deduc- tion therefrom for any expenses whatsoever incurred in connection with the receipt thereof, and also profits from any transaction (except sales for resale and re-ntals) within the City of Ithaca 2 SO Coitmon Council -4- June 4, 1941 whatsoever; and (d) the words "gross operating income" .nean and in- clude receipts received in or by reason of any sale, conditional or otherwise, made for ultimate consiunntion or use by the purchaser of gas, electricity, steam, water, refrigeration, telephony or tele- graphy, or in or by reason of the furnishing for such consumption or use of gas, electric, steam, water, refrigerator, telephone or telegraph service in the City of Ithaca., including cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or services or other costa, interest or discount paid, or any other expenses whatsoever. Section 4. Every utility subject to tax hereunder shall file, on or before September twenty-fifth, December twenty-fifth, Harch twe.lty-fifth, and June twenty-fifth, a return for the three calendar months preceding each such return date including any period for v,-hick the tax imposed hereby or by any amendment hereof is effective (and on or before July twenty-fifth, nineteen hundred forty a return for the preceding calendar month) , each of which returns shall state the gross income or gross operating income for the period covered by each such return. Returns shall be filed with the City Chamber- lain on a form to be furnished by him for such purpose and shall contain such other data, information or matter as the City Chamber- lai':.z may require to be included therein. Nothwithstanding the fore- going provisions of this section, v,,Iy utility whose average gross income or average gross operating income, as the case may be, for the aforesaid three months ' periods is less than fifteen hundred dollars, may file its returns for such periods on June twenty-fifth, nineteen huild.red thirty-nine, June twenty-fifth, nineteen hundred forty, June trenty-fifth, nineteen hundred forty-one, and June twent-Y fifth, nineteen hundred forty-t-vo, respectively. The City Chamber- lain, in order to insure payment of the tax imposed, may rep'uire at any time a further-or supplemental return, which shall contain any d&,,).ta that may be specified by the City Chamberlain. Every return shall have a-anexed thereto an affidavit of the head of the utility making the same, or of the owner or of the co-partner thereof, or of a principal officer of the corporation, if such business be con- ducted by a. corporation, to the effect that the statements contained therein are true. Section 3. This Local Lave shall take effect immediately. The amendments made by this Local Law to section two shall be deemed to have the sane force and effect as if enacted on July fifteen, nine- teen hundred thirty--seven, and the tax imposed or continued by this Local Law shall be deemed to have been validly enacted as of such &,ite and matinued from year to year by the amendments made to section one of said local law. Section 4. In the event that the amendments made to section two by this Local Law are declared by a court of competent juris- diction to be invalid to the extent that they are made retroactive to July first, nineteen hundred thirty-seven, then the tax imposed or continued by such amendments shall be applicable to recent transactions since January first, nineteei-I hundred forty. Ayes S Mazza, Rottman, Barns, Shurger, Leachtneauer, Gillette, Adams, Gibb Nays 1 Perry Motion Carried. L' Approved; Ju:1e 1..1941 Mayor li! Common Council — Audit Sheet June 4, 19+1 i Name Amount � WM A cN v/PcN Ce 9 SS by /3.8 3 Ithaca Journal 43 New York Telephone Co. 46.29 Burroughs Adding :Machine Co. 17.05 The McBee Company 133.17 f Stover Printing Co. 34.35 T. G. Miller' s Sons Paper Co. 139.59 Edna W. Tottey 5.00 I The Peck Furniture House 2.95 I Van Natta Office Equip. Co. , Inc. .55 .ary S. Summers 33.00 L. L4. Mintz 20.00 Harold E. Simpson 24.70 Ithaca Laundries, Inc. .42 Stallman of Ithaca 6.21 Henry R. Head 1.08 H.C. T. M otor Co. 705.00 Socony Vacuum Oil Co. lo6.o6 , i Servi—Center Inc. 43.52 S chab er' s Cycle Shop 1.00 Seneca St. Garage 15.98 dim. T. Pritchard 19.45 H. J. Wilson PJi. D. 5.00 New York Telephone Co. 0,.26 Crouse-pHind_s Co. 5+7.40 Amos Barns 5.60 I Duro—Test Corp. 34.90 N.Y.S. Electric & Gas Corp. 59.26 C. A. Snyder, City Chamberlain .37 i Barbara W. Black X0.75 Dual Parkin- Meter Co. 39.50 i i Finance Committee ffif.9L , I I � � i i I r j I IJ I i i i I BOARD OF HEALTH June 4, 1941 j M. J. Kolar $60.62 Gladys Robbins 12. 33 `x , 1 E. Mae Mandeville 8.01 Laura A. Head 12.60v" Dept. of Health of N. Y. City 4.80 ,/ 1 Dr. J. W. Judd 20.00 V, j Westwood Pharmacal Corp. 10.00 V, Norton Starr .63 41 I A. H. Stubblefield 22.15 N. Y. State Electric & Gas Corp. 1.96 ✓' Mrs. Madora Baker 10.00 v Mrs. Label Carlton 9.25 ° Van Natta Office Equip. Co. .75 's, N. Y. Telephone Co. 7.88 V i C. E. Bishop 1.00 ` T. G. Miller' s Sons Paper Co. .75 I :1 i t I { I 1 i I i i f i I I i I i 4 i I i I I 4 i w I I i 1 1 I i 2 1 Common Council -5- June 4, 1941 CHARTER A oND+ NTT - SECTION 154 RE PAVING Attorney Thaler re- ported that in studying the proposed amendment to Section 154 of the Charter in regard to naving,that questions have arisen which he wishes to discuss with other City officials in Albany at the Mayors Conference. The matter of defining paving and repaving was discussed and tentatively agreed upon and the percentage to be charged against property owners for nee^ paving was agreed upon as follows: By Alderman Adams, seconded by Alderman Gibb: Resolved, that it is the seiZse of this Council that the amend- ment to Section 1�4 of the City Charter should provide that the cost of new pavement be charged 50;a against the City at large and 50;' against the abutting property owners. Ayes 9 Nays 0 Carried and Annroved. SY.OXE ITUISANOE Alderman Shurger reported there seems to be no improvement in the smoke nuisance as far as the Lehigh Valley Railreac Co. is concerned. Attorney Thaler reported that Lehigh officials have agreed to cooperate and that if specific information is given him as to ` the time these nuisances 'occur he will again take the matter up with the Company. AUDIT By Alderman Barns, seconded by Alderman Shurger: Resolved, that the bills audited by the Finance Committee be and the sane hereby are approved and ordered paid. Carried. JUNK YARD FENCES Alderman Adams suggested something should be done to improve the appearance of fences being erected to enclose the junk yards. The Police Department was requested to check on the yards to see if all have erected fences, after which an effort will be made to improve their appearance. PARKING METERS Alderman Leachtneauer reported that fourteen 2 hour meters have been reI_ioved and the remaining; meters have been res-pr ced in Seneca Street between Cayuga and Tioga Streets which greatly im- proves parking conditions in that section, and he stated the Police Committee and Police Department recommend that the fourteen meters be installed on the south side of Green Street between Cayuga and Tioga Streets. By Alderman Leachtneauer, seconded by Alderman Mazza: Resolved, that the fourteen 2 hour meters be installed in the 100 block of E. Green Street as follows; "Along the southerly side of E. Green Street between Cayuga and Tioga Streets. " Unanimously Carried and Approved. REPAIRS AND IITROVE ::ENTS - WELFARE DEPT. OFFICES Alderman Rottmann presented a letter from Mr. Post, Director of the Welfare Department, outlining the wor'=U which the Department desires done in order to rehabilitate the offices of that Department. The matter was discussed and as public buildings are under the jurisdiction of the Board of Public Works, it was moved By Alderaa.n Gibb, seconded by Alderman Rottmann: Resolved that the matter be referred to the Board of Public Works to investigate the request of the Welfare Department and make reco-r_ii,aendations to the Council together with an estimate of the coot of the TnTork. Carried. On motion the meeting was adjourned to reconvene at the call of the ,:ayor. F. H. pringer City Clerk 2 S2 Lr COMMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Adjourned Regular Meeting 5:00 P. M. June 30, 1941 PRESENT Mayor - Campbell Aldermen - Mazza, Rottmann, Barns, Shurger, Leachtneauer, Gillette, Perry, Vail, Adams, Gibb Commissioners of the Bd. of Public Works - Egbert, Hopper, Bishop City Engr.-Acting Supt. of Public Works - Marble Attorney - Thaler Clerk - Springer MINUTES Minutes of the preceding meeting were duly approved. APPOINTMENT - FIRE COMMISSIONER Mayor Campbell announced the nomination of Garry W. Reynolds to the position of Fire Commissioner for a term of three years from July 1, 1941. By Alderman Shurger, seconded by Alderman Rottmann: Resolved, that the nomination of Garry W. Reynolds to the position of Fire Commissioner for the term of three years from July 1, 1941 be and hereby is approved and confirmed. Ayes 5 Mazza, Rottmannp Shurger, Leachtneauer, Gillette Nays 5 Barns, Perry, Vail, Adams, Gibb The vote being a tie, Mayor Campbell cast the deciding vote for Garry W. Reynolds and he was declared duly appointed to the position of Fire Commissioner for a term of three years. FIRE INSURANCIE - AIRPORT HANGAR It was reported that at a meeting held June 19, 1941 the Commissioners of the Board of Public Works agreed that the City should carry their own fire insurance on the municipal hangar and recommended that additional contributions be made to the general insurance fund. By Alderman Vail, seconded by Alderman Shurger: Resolved, that it is the sense of this Council that the City carry its own fire insurance on the hangar at the municipal airport. Carried. APPROPRIATION FOR TOOL HOUSE - CITY CEMETERY A request was pre- sented from the Board of Public Works for an appropriation of $1500. or so much thereof as may be necessary to construct a tool house in the City cemetery to replace the one destroyed by fire some time ago. By Alderman Leachtneauer, seconded by Alderman Mazza: Resolved, that the sum of $1500. : or so much thereof as may be necessary be and hereby is appropriated from the general insurance fund to construct the tool house. The following amendment was offered and accepted. By Alderman Barns, seconded by Alderman Perry: y ' Resolved, that the sum of $1500. or so much thereof as may be necessary be and hereby is appropriated from the general insurance fund to construct a tool house in the City cemetery; said sum to be replaced from surplus funds at the end of the fiscal. year. Carried. BIDS - COAL The Clerk reported that the Board of Public Works has advertised for bids on coal for the various departments under the Board and has passed a resolution approved by the Mayor permitting members of the Board to submit bids on same, and that the Council , is requested to act on the matter. w By Alderman Barns, seconded by Alderman Adams: Resolved, that the Common Council concur in the action taken by the Board of Public Works permitting members of that Board to submit bids on coal. Ayes 10 Nays 0 Carried and Approved. LIABILITY INSURANCE . PAVING PROJECTS The Clerk reported that the oard of Pub ie orks recommends that contingent liability insurance be carried by the City during the construction of the pavementst in the following amounts: 25 - 50 Personal Liability 1 - 10 Property Damage Common Council -2- June 30, 19412 S(3 and that the premium amounting to $617.75 be included in the cost of the paving contract. Alderman Barns expressed the opinion that the matter should be deferred until the bridge bids are received, and that it may be possible to include the City in the insurance carried by the con- tractor. By Alderman Vai.l,. seconded by Alderman Adams: Resolved, that the matter be referred to the Finance Committee for investigation and report. - Carried. REQUEST FOR FUNDS FOR PAVING PROJECTS It was reported that the Board of Public Works has approved the use of brick and the installa- tion of concrete curbs and gutters in E. State and Mitchell Streets and. the Council was requested to provide the total sum of $164, 298. 99 to complete the paving projects which are itemized as follows: State and Mitchell Streets - Contract Price $1179576. 66 Storm Sewers 1,977. 33 Engineering 2, 65.00 Supervision and Inspection 1, 980.00 Contingencies 5, 000. 00 X129, 298• 99 Thurston Avenue Estimated Cost 26, 400.00 Engineering & Contingencies 3, 600.00 30,000-00 Taughannock Blvd. Estimated Cost 49200. 00 Engineering & Contingencies 800.00 X0-0-0-.00 Total $l99 A number of interested citizens were present and several ex- pressed the opinion that concrete pavement should be installed in E. State and Mitchell Streets as the difference in price between concrete and brick is approximately $34, 000. 00. F � Members of the Board of Public Works present supported their choice of brick by pointing out that the life of a brick pavement is much greater and requires less maintenance, and in case it is found necessary to make openings in the street that repairs can be made much more satisfactorily. After a lengthy discussion it was moved, By Alderman Perry, seconded by Alderman Barns: Resolved, that it is the sense of this Council that the pave- ment in E. State and Mitchell streets should be. brick. Ayes 7 Rottmann, Barns, Shurger, Leachtneauer, Gillette, Perry, Gibb Nays 3 Mazza, Vail, Adams Carried and Approved by the Mayor. Alderman Gibb requested that the Board of Public Works give immediate consideration to the construction of a concrete bridge over Fall Creek at Stewart Avenue, as it is imperative that the bridge be made passable as soon as possible. PAVING BONDS The Clerk reported receipt from the Bond Attorneys of an approved ordinance authorizing the issuance of bonds for paving in the amount of $15%000-00- By Alderman Barns, seconded by Alderman Shurger: AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $155,000. OF BONDS OF THE CITY OF ITHACA FOR THE PURPOSE OF CONSTRUCTING OR RECONSTRUCT- ING THE PAVEMENT OF PUBLIC STREETS. BE IT ORDAINED by the Common Council of the City of Ithaca as follows: Section 1 The City of Ithaca, which is a City authorized by law to issue bonds for the purposes hereinafter described, hereby elects to issue bonds for such purposes under Article VII of the General City Law of New York. 2 (S4 Common Council -3- June 30, 1941 Section 2• There shall be issued, pursuant to said Article VII of said General City Law bonds of the City of Ithaca of the aggreg- ate principal amount of 155,000. to finance the construction or reconstruction of the pavement of certain public streets in said City either with concrete or with bricks laid on a concrete founda- tion, and the construction thereon of any necessary curbs, gutters or drainage. Said public streets shall consist of East State Street + from Aurora Street to Mitchell Street, and Mitthdll' St'r`eet from East State Street to Ithaca Road, and Thurston Avenue from Triphammer Bridge to Barton Place and Taughannock Boule- vard from State Street to Buffalo Street. ! Section 3. It is hereby determined that the entire estimated cost of said improvements is $164, 299-99 and that said City has pro- vided for said improvements, in its budget adopted for the current fiscal year, the sum of $9, 298. 99 which is included in the appro- priation of J40,15-t6i to the contingent fund made in said budget, and • said sum of 9, 299.99 shall be set aside from such moneys so appro- priated and used solely to finance said improvements. Section 4. It is hereby determined that the period of probable usefulness and estimated life or usefulness of each of said improve- ments is a period of ten years, computed from the date of said bonds or the date of any certificates of indebtedness or notes issued in anticipation of the sale of said bonds, whichever is the earlier. Section 5. Said bonds shall be payable in serial annual in- stallments, to be hereafter determined by resolution duly adopted by the Common Council, the first of which shall be payable not more than one year after the date of said,bonds or not more than two years after :the date of any certificates of indebtedness or notes issued in anticipation of the sale of said bonds, whichever is the earlier, and the last of which shall be payable not later than the expiration of the period of probable usefulness of said improvements as determined by this ordinance. Section 6. Said bonds shall bear interest at .a .rate which shall not exceed six per centum (6%) per annum and shall be payable semi-annually. Section 7. All conditions precedent to the issuance of said bonds have been fully complied with. Section S. Said bonds shall be executed and issued by the Mayor and City Comptroller and City Clerk. The corporate seal of the City of Ithaca shall be affixed to each of said bonds. Section 9. Said bonds may contain a recital that they are issued pursuant to Artiele ^71I of the General City Law of New York, and such recital shall be conclusive evidence of the regularity of the issue of said bonds and of their validity. Section 10. A tax sufficient to pay the principal of and interest on said bonds, as such principal and interest become due, shall be levied each year subsequent to the adoption of this ordin- ance. Section 11. Said bonds shall be sold either at one time or from time to time in the manner required by statute or local law in said City. Section 12. A copy of this ordinance may be published or posted or published and posted as provided by Section 112 of said General City Law, and if so published or posted or published and posted, the validity of said bonds or the validity of any notes issued in anticipation of the sale or delivery of said bonds, may be contested (except on the ground that they are lssudd`in viola- tion of the Constitution of New York) only in an action or pro- ceeding .commenced within twenty days after such publication or posting or publication and posting of this ordinance, or as pro- vided in Section 112 of said General City Law. Y r Common Council -4- June 30, X94 Z Section 13. All matters respecting said bonds not determined by this ordinance shall be determined either by resolution du1� adopted by the Common Council or by the officers of the City of Ithaca authorized to execute and issue said bonds. Section 14. Said City Comptroller and City Clerk are hereby authorized to make a temporary loan or loans in anticipation of the sale or delivery of said bonds and, for that purpose, to issue notes of said City of an aggregate principal amount not exceeding $155,000. which shall be executed by the Mayor and City Comptroller and City Clerk and sealed with the corporate seal of said City. All such notes shall mature not later than six months after their date. Section 15. This ordinance shall take effect immediately. Ayes 10 Nays 0 Carried. Approved June 30, 1941 Mayor LOCAL LASS RE PAVING ASSESSMENTS The' following emergency message from the Mayor was pregented: "TO THE COMMON COUNCIL OF THE CITY OF ITHACA: It appears to my satisfaction that the public interest requires the immediate passage of the Local Law hereinafter referred to. In accordance with the provisions of Section 13 of the City • Home Rule Law of the State of New York and by virtue of the author- ity conferred on me, I do hereby CERTIFY to the necessity of the immediate passage of the Local Law entitled "Amendment of Section 154 of the City Charter as to assessment for paving and repaving" a copy of which is hereto annexed. Given under my hand and seal of the City of Ithaca this 30th day of June, 1941. JOSEPH CAMPBELL ATTEST: F. H. SPRINGER Mayor of the City of Ithaca, City Clerk New York" LOCAL LANG #3 - 1941 A local law to amend the Ithaca City Charter in regard to paving, repaving, resurfacing and surface treatment of streets, and construction of curbs and gutters and providing for payment of the cost thereof. By Alderman Shurger, seconded by Alderman Gibb: Be It enacted by the Common Council of the City of Ithaca as follows: Section 1. AMENDMENT OF SECTION 154 OF THE CHARTER. Section 154 of the Ithaca City Charter, being chapter five hundred and three of the laws of nineteen hundred eight as last amended by local law number two, nineteen hundred thirty-three, is hereby amended to read as follows: Section 154-1. AUTHORIZATION OF PAVING, REPAVING, ETC. The board, on its own lotion or upon petition of owners of abutting property, may consider and tentatively authorize the paving, re- paving, resurfacing, or surface treatment of any street or portion of a street, and the construction of curbs and gutters in any street or portion of a street, and determine all matters relating to the type, materials and method of construction thereof. The Board may hold a public hearing in regard to any such improvement, and shall hold such a hearing whenever such improvement is assessable as hereinafter provided, after giving notice by publication at least once in a local newspaper not less than five (5) days before such hearing. The Board shall make an estimate of the cost of such pro- posed improvement and file with the Common Council such estimate and a requisition for appropriation of the funds necessary for the work. . Common Council -5- June 30, 1941 2. DEFINITION OF TERMS. For the purposes of this section, the following definitions of terms shall be controlling: Paving.-A roadway constructed with or without a cushion or binder with a base course, and a wearing course consisting of blocks, or slabs or constructed with a cement or bituminous binder. Repaving.-Renewal of a pavement. Resurfacing.-Renewal of the surface of a pavement. Surface treatment.-Treatment of the finished surface of a roadway with bituminous material. 3. ASSESSMENT OF COST FOR PAVING AND REPAVING. The cost of the original paving of any street shall, be borne as follows: The area of street intersections and fifty percent (50%) of the remainder of such original paving shall be a charge against the City at large, and the remaining fifty percent (50%) shall be a charge against the abutting properties, apportioned according to their respective foot frontages. The cost- Of repaving, resurfacing and surface treatment and the widening of paved streets shall be charged against the City at large, and no part of such expense shall be levied against the owners of abutting properties. 4. ASSESSMENT OF COST FOR CONSTRUCTION OF CURBS AND GUTTERS. The cost of original curbs and gutters, when constructed in con- nection with the original paving of a street, shall be included in the cost of improvement and assessed accordingly. The cost of re- newal or repair of curbs and gutters shall be a charge upon the City at large. 5. MANNER OF ASSESSMENT. Upon the completion of any improve- ment, of which all or any part of the cost is charged to abutting owners as above provided, the Board shall cause to be prepared a map and a statement showing the cost thereof and the apportionment and assessment against the respective properties benefited and shall give notice by publication three times in a local newspaper of a public hearing thereon on a date specified, which date shall not be less than ten (10) days from the first publication, at which time any person interested may appear and be heard in relation thereto. The board may thereupon alter or correct any such assessment as justice may require, finally approve the same and file a schedule thereof with the Common Council which shall confirm the same, and when so confirmed the amount of each assessment shall be a lien upon the real property so assessed. The Council may prescribe and apportion deferred payments, make such regulations as may be deemed advisable for the payment thereof, and provide for a percentage addition to any such deferred payments at a rate not exceeding uix per centum per annur-4to be determined and fixed by said Council, together with any fees and expenses which may be incurred in connec- tion therewith. Such assessments, percentages, fees and expenses shall be collected in the manner provided for the enforcement, levy and collection of City taxes. 6. SUPERCEDING OF SEC. 153. This section shall apply to all street improgvements herein mentioned and as to such improvements shall supere'ede the provisions of section 153 so far as the same may be inconsistent herewith. Section 2. This local law shall apply to all street improve- ments completed or in process of construction for which no assess- ment shall have been finally confirmed and levied prior to the effective date hereof. Section 3. This local law shall take effect pursuant to the provisions of sections sixteen and seventeen of the City Home Rule Law. Ayes 9 Mazza, Rottmann, Barns, Shurger, Leachtneauer, Gillette, Perry, Adams, Gibb Nays 1 Vail Carr ed. Approved July � 1941 ,► ( Mayor L__V.__ , Common Council -6- June 30, 1941 ADJOURNMENT By Alderman Shurger, seconded by Alderman Gibb: Resolved, that this meeting be adjourned to 5:00 P.M. Thursday, July i0, 1941, in lieu of the regular meeting scheduled for Wednesday, July 2, 1941• Unanimously Carried. F. H. Springer Ci y Clerk s� COMMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 5:00 P. M. July 10, 1941 PRESENT Mayor - Campbell Aldermen - Mazza, Rottmann, Barns, Shurger, Perry, Adams, Gibb Attorney - Thaler Clerk - Springer Police Commissioner - Comfort Chamberlain - Snyder Assessor - Thorne MINUTES Minutes of the preceding meeting were duly approved. POLICE CHIEF - CONVENTION Police Commissioner Comfort requested the Council to authorize Chief Marshall to attend the New York State Police Chiefs Association meeting in Buffalo on July 22nd to the 24th. By Alderman Adams, seconded by Alderman Mazza: Resolved, that Chief Marshall be authorized to attend the Association meeting at City expense. Carried. CAUTION LIGHT - HUDSON AND PROSPECT STREETS Police Commissioner Comfort requested permission for the Police Department to install a caution light at the intersection of Hudson and Prospect Streets which he believes will prevent some accidents in this area. After discussion, it was moved By Alderman Shurger, seconded by Alderman Mazza: Resolved, that the Police Department be authorized to install a caution light at the intersection of Hudson and Prospect Streets with a caution light for south bound traffic in Hudson Street and a "Stop thin Go" light and sign for traffic. in Prospect Street and for north bound traffic in Hudson Street. Carried. Alderman Vail entered the Council Chamber at this time. NO PARKING - GILES STREET Commissioner Comfort reported that no parking signs are to be erected on both sides of Giles Street be- tween Hudson and Columbia Streets during the period of construction of the State Street pavei.ient. DETOURS Commissioner Comfort. reported that detour signs are being prepared and will be placed by Saturday noon which will adequately direct traffic during the time that E. State and Mitchell Streets are closed. APPROPRIATION - ASSESSOR'S OFFICE A letter from Assessor Thorne was presented requesting an additional appropriation of $500.00 for his office. The letter stated that it is necessary to purchase new property cards and other supplies for the office including a typewriter and stand, and in order to give him time to properly attend to field work, he feels that an office clerk should be provided to attend to office details and keep the office open to the public at all regular hours. By Alderman Barns, seconded by Alderman Gibb: Resolved, that Assessor Thorn 's request be granted, and that the sum of $500.00 or so much thereof as may be necessary be and hereby is appropriated to the Assessor's budget from the contingent fund. Unanimously Carried. SEALER OF WEIGHTS & MEASURES CONVENTION A letter from City Sealer, E. Paul Nedrow, was presented requesting permission to attend the New York State Sealers Convention to be held in Jamestown, N. Y. , July 22, 23 and 24. By Alderman Adams, seconded by .Alderman Barns: Resolved, that City Sealer Nedrow be and hereby is authorized to dtend the Convention in Jamestown at City expense. Carried. DOG WARDEN A letter from Dog Warden Hall was presented requesting the Council to consider employing a "full time" Dog Warden. By Alderman Perry, seconded by Alderman Vail: Resolved, that the matter be referred to the Finance Committee for study and report. Carried. i Corgi ion Council AoCAt Sheet ju—'1s7 10, lq4l 17 -.,Ie int "SOS A. Barns C) C. il. Snyder, Cite Cii�raberlaln ui-)P,ca Jo-urnal 4r:). 67 Ye--- York Telephone Co. fi9- 4-' i 9 C. A. Snyder 39.co Y S. lEl e c Gas Corn. s. ,0 T. -,�-iller Is Sons Co. 9. 01 'Henry C. Thorne 33. Loui s K. Thc--tler 37. OF Stover Printi-nr, Co. Pb. 6O- La-,-:rence ". 'ant z 30- 00 attize Ben(fier & Co. 5. 00 l01;-. 74 illia C. Si ers 17) • 30 7 - 1 e,. Ym-'. Telephone Co. Clorn. 295.55 ITC!- ---'etlloeL Distrib-utors 4. St;7,11-mm of Ithaca 6. 27 socony-Vacuu,", Oil lo. 79. 14 T. Fritcheq,:rd, 2. 22 Seneca St. L'T=.11a,ae--e 7 Jo,�e-,-)-h ',oTTison 13. 117 7b 0. J. P-11:-sel A C0. To-til jersey i aint 00- 1 Inc. t,". 7- S. Elec. Gr:,,q Corn. 7 1?.'17. S. !Elec. Gar, Coro. 6 4 -'Lobin- Qon Se,--)-1 Co. , Inc. 10.1 C. A. Snv ier, City Chla-lberlain .1 ,-1 P. ',,',00d On 1 6 H 3. "Iarey Co. , Inc. Dual Meter Co. 00 Orlirl , mice C -ittee rN BOARD OF HEALTH July 2, 1941 !Laura A. Head 37.,67 ./= C, J. Rumsey Hdw. A. H. Stubblefield 3.00 L, M. J. Kolar 58.86 Gladys Robbins 15.75 E. Mae Mandeville 11.11 ✓ Dept. of Health of N. Y. City 1.88 Westwood Pharmacal Corp. 7.42v- Dr. J. W. Judd 20.00 y- Stewart, Warren & Benson 2.00 r ,N. Y. Telephone Co. 7.13 r V. Y. State Elec. & Gas Corp. 2.16 ' iTisdel' s Repair Shop .75k. r Franklin Ribbon & Paper Co. 6.20 ' !Mrs. Madora Baker 10.00 -1- IMrs. Mabel Carlton 9.50 _ !Dr. R. H. Broad 28.01 �` N. Y. State Electric & Gas Corp. 2.12i- Hart' s Pharmacy 3.44 V" Kline' s Pharmacy 3.101 i i i i • k i I i I I1 I i { 1 II Y I I A 1 289 Common Council -2- July 10, 1941 REDECORATING AND REPAIRS - WELFARE DEPARTMENT OFFICES The Clerk reported that in accordance with the recommendations made by the Buildings and Grounds Committee, the Board of Public Works recommends redecorating and other improvements in the Welfare offices at an estimated cost of $1,100.00. By Alderman Gibb, seconded by Alderman Shurger: Resolved, that the Welfare Department be authorized to expend for redecorating and repairs a sum not to exceed $1, 100.00, and Be It Further Resolved, that bids be taken for the work under the supervision of the Board of Public Works. Carried. AUDIT By Alderman Gibb, seconded by Alderman Adams: Resolved, that the bills audited by the Finance Committee be and the same hereby are approved and ordered paid. Carried. PURCHASE OF OFFICE SUPPLIES Alderman Barns called attention to the numerous small purchases of similar items of office supplies by various departments and he recommended that the City Clerk be made purchasing agent for these supplies and authorized to make purchases in quantities and that all departments be required to get officesupplies through the Clerk's office. By Alderman Barns, seconded by Alderman Shurger: Resolved, that the City Clerk be and he hereby is authorized and directed to purchase office supplies in quantities for use of the various City departments, and Be It Further Resolved, that all City departments be notified that office supplies may be purchased only through the City Clerk 's office. Unanimously Carried. REDISTRICTING Alderman Adams, Chairman of the Charter and Ordinance Committee, reported that after study, he finds the matter of re- districting the City is too complicated to be accomplished without outside help, and he asked if the Council would consider employing someone to aid in the work. By Alderman Vail, seconded by Alderman Perry: Resolved, that the matter be referred to the Charter and Ordinance Committee for further investigation and recommendations. Carried.. On motion the meeting was adjourned to reconvene at the call ,:of the Mayor. F. er H. rin P g Ci Clerk V/ C 290 COMMON b&XCA PR EEDItGS City of Ithaca, N. Y. Adjourned Regular Meeting 5:00 P. M. July 14, 1941 PRESENT . Mayor - Campbell Aldermen - Mazza, Rottmann, Barns, Leaehtneauer, Perry, Adams, Gbb Attorney - Thaler City Engr.-Acting Supt. of Public Works -- Marble Clerk - Springer The Mayor explained that the meeting was called to `at upon the request of the Board of Public Worke for an appropr ation. for the construction of bridges,' but that due to a controversy as to the method of erection of the steel on the Stewart Avenue bridge, the Board at an adjourned meeting held at 4:30 P.M. has withdrawn the request for the appropriation until further study is made. 'As there was no further business, the meeting was adjourned to reconvene at the call of the Mayor. F. H. ringer �3 City Clerk Z 9 _ COMMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Adjourned Regular Meeting 5:00 P. M. July 18, 1941 PRESENT Mayor - Campbell Aldermen - Mazza, Shurger, Leachtneauer, Gillette, Perry, Adams, Gibb Bd. of Public Works Commissioner - Egbert City Engr.-Acting Supt. of Public Works - Marble Attorney - Thaler Clerk - Springer KINUTES Minutes of the preceding meeting were duly approved. DETOURS Police Commissioner Comfort reported that several com- plaints have been received in regard to the routing of traffic during the construction of the E. State and Mitchell Streets pave- ment, and he asked if the members of the Council wish to make suggestions for a change in detours. The Council expressed approval of the route selected. REQUEST FOR FUNDS FOR BRIDGE PROJECT The Clerk reported that the Board of Public Works, after further study of the proposed method of erecting the Stewart Avenue bridge, has agreed that the American Bridge Co. should be awarded the contract to erect the steel super- structure of the Stewart Avenue bridge and the balance of the bridge contract to H. J. Lyon, and the Common Council be requested to provide the total sum of $59,035.00 to complete the bridge project which is itemized as follows: H. J. Lyon, Fayetteville, N. Y. Complete structure E. Clinton St. bridge $20,572. 50 Substructure and removal of present Stewart Ave. bridge 4, 300-00 25,172. 50 American Bridge Co. , Elmira, N. Y. Steel superstructure erected, Stewart Ave. bridge 47,967. 40 Engineering fee 4,400.00 Inspection 1, 300.00 City Enginoer's Office Expense 7F0. 00 Approach Improvements 6,445.10 Contingencies 3,000-00 Total 9S ,035.00 BRIDGE BOND The Clerk reported receipt from the Bond Attorneys of an approved ordinance authorizing the issuance of bonds for the bridges in the amount of $54,000.00. By Alderman Adams, seconded by Alderman Gibb: AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $94, 000. OF BONDS OF THE CITY OF ITHACA FOR THE PURPOSE OF CONSTRUCTING OR RECON- STRUCTING PUBLIC BRIDGES. BE IT ORDAINED by the Common Council of the City of Ithaca as follows: Section 1. The City of Ithaca, which is a City authorized by law to issue bonds for the purposes hereinafter described, hereby elects to issue bonds for such purposes under Article VII of the General City Law of New York. Section 2. There shall be issued, pursuant to said Article VII of said General City Law, bonds of the City of Ithaca of the aggregate principal amount of $84,000 to finance the construction. of a new bridge with stone, concrete or steel to replace the exist- ing bridge loeated at Stewart Avenue over Fall Creek, and. the re- construction with stone, concrete or steel of the existing public bridge located mt East Clinton Street over Six Mile Creek. 2 9 � Common Council -2- July 1E,>, 1941 Section 3. It is hereby determined that the entire estimated cost of said improvements is $99,035. and that said City has pro- vided for said improvements, in its budget adopted for the current fiscal year, the sum of $5, 035. which is included in the appropria- tion of $40, 576. to the contingent fund made in said budget, and said sum of 5, 035. shall be set aside from such moneys so appro-- pxiated and used solely to finance said improvements. Section 4. It is hereby determined that the period of probable usefulness and estimated life or usefulness of each of said improve- ments is a period of twenty years, computed from the date of said bonds or the date of any certificates of indebtedness or notes issued in anticipation of the sale of said bonds, whichever is the earlier. Section 5. Said bonds shall be payable in serial annual in- stallments, to be hereafter determined by resolution duly adopted by the Common Council, the first of which shall be payable not more than one year after the date of said bonds or not more than two years after the date of any certificates of indebtedness or notes issued in anticipation of the sale of said bonds, whichever is the earlier, and the last of which shall be payable not later than the expiration of the period of probable usefulness of said improvements as determined by this ordinance. Section 6. Said bonds shall bear interest at a rate which shall not exceed six per centum (6J) per annum and shall be payable semi-annually. Section 7. All conditions precedent to the issuance of said bonds have been fully complied with. Section S. Said bonds shall be executed and issued by the Mayor and City Comptroller and City Clerk# The corporate seal of the City of Ithaca shall be affixed to each of said bonds. Section 9. Said bonds may contain a recital that they are issued pursuant to Article VII of the General City Law of New York, and such recital shall be conclusive evidence of the regularity of the issue of said bonds and of their validity. Section 10. A tax sufficient to pay the principal of and interest on said bonds, as such principal and interest become due, shall be levied each year subsequent to the adoption of this ordin- ance. Section 11. Said bonds shall be sold either at one time or from time to time in the manner required by statute or local law in said City. Section 12. A copy of this ordinance may be published or posted or published and posted as provided by Section 112 of said General City Law, and if so published or posted or published and posted, the validity of said bonds or the validity of any notes issued in anticipation of the sale or delivery of said bonds, may be contested (except on the ground that they are issued in viola- tion of the Constitution of New York) only in an action or pro- ceeding commenced within twenty days after such publication or posting or publication and posting of this ordinance, or as pro- vided in Section 112 of said General City Law. Section 13. All matters respecting said bonds not determined by this ordinance shall be determined either by resolution duly adopted by the Common Council or by the officers of the City of Ithaca authorized to execute and issue said bonds. Section 14. Said City Comptroller and City Clerk are hereby authorized to make a temporary loan or loans in anticipation of the sale or delivery of said bonds and, for that purpose, to issue notes of said City of an aggregate principal amount not exceeding $84,000. which shall be executed by the Mayor and City Comptroller and City Clerk and sealed with the corporate seal of said City: All such notes shall mature not later than six months after their date. �`l d tit Common Council -3-• July lg, 1941 Section 15. This ordinance shall take effect immediately. Ayes 7 Nays 0 Carried. Approved July 18, 1941 �Ovie4 y Mayor r On motion the meeting was adjourned to reconvene at the call of the Mayor. F. H. riner g Cit Clerk ✓ 19 4 COMMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Adjourned Regular Meeting 5:00 P. M. July 31, 1941 PRESENT Mayor - Campbell Aldermen - Mazza, Rottmann, Barns, Shurger, Leachtneauer, Gillette, Vail, Adams, Gibb Attorney - Thaler Clerk - Springer Dep. Clerk - Blean MINUTES Minutes of the preceding meeting were duly approved. Mayor Campbell announced the meeting was called to make further provisions for the issuance and sale of improvement bonds. IMPROVEMENT BONDS The Clerk reported receipt from the bond attorney( of approved resolutions authorizing the issuance of $239,000.00 of improvement bonds, and for the sale of same. By Alderman Adams, seconded by Alderman Gibb: WHEREAS, the Common Council desires to make further provision for the issuance of the bonds hereinafter described: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Ithaca: Section 1. The $155,000. of bonds of the City of Ithaca to be issued pursuant to the ordinance entitled "An Ordinance providing for the issuance of $155,000. of bonds of the City of Ithaca for the purpose of constructing or reconstructing the pavement of public streets", adopted by the Common Council on the 30th day of June, 1941, shall be designated "Street Improvement Bonds" and shall be dated the 15th day of August, 1941, and shall be payable in annual I netallments or series on August 15th in each year as follows: 1,000. of bonds in each of the years 1942 to 1946, inclusive, and 1 ,000. of bonds in each of the years 1947 to 1951, inclusive. Said bonds shall consist of one hundred fifty-five bonds of the denomination of $1,000. each, numbered from 1 to 155, inclusive, in the order of their maturity. Section 2. The $84,000. of bonds of the City of Ithaca to be issued pursuant to the ordinance entitled "An Ordinance providing w for the issuance of $84,000. of bonds of the City of Ithaca for the purpose of constructing or reconstructing public bridges", adopted by the Common Council on the 18th day of July, 1941, shall be designated "Bridge Bonds" and shall be dated the 15th day of August, 1941, and shall be payable in annual installments or series on August 15th in each year as follows: $4 000. of bonds in each of the years 1942 to 1957, inclusive, and 5,000. of bonds in each of the years 1958 to 1961, inclusive. Said bonds shall consist of eighty-four bonds of the denomination of $1,000. each, numbered from 1 to 84, inclusive, in the order of their maturity. Section 3. The interest on said bonds shall be payable semi- annually on each February 15th and August 15th subsequent to the date of said bonds. Section 4. Said bonds shall be coupon bonds, convertible at the option of the holder into bonds registered as to both principal and interest, and shall be signed by the Mayor and by the City Comptroller. The seal of said City shall be affixed to each of said bonds and shall be attested by the City Clerk of said City. The faith and credit of said City are hereby pledged for the payment of the principal of and interest on said bonds as such principal and interest become due. Each interest coupon attached to said bonds shall be signed with the facsimile signature of said City Comptroller. Section 5. Each of said bonds shall be issued in substantially the following form: �_ana Common Council -2- July 31, 1941 No. UNITED STATES OF AMERICA No. STATZ ti!' NEW YOU CITY OF ITHACA $1,000. BOND $1,000. The City of Ithaca, a municipal corporation in the County of Tompkins and State of New York, for value received hereby acknowledges itself indebted and promises to pay to the bearer, or, if this bond be registered, to the registered owner, his legal representatives, successors or assigns, the sum of ONE THOUSAND DOLLARS ($1,000.00) on the 15th day of August, 19_„_, with interest thereon from the date hereof at the rate of per centum (_fo) per annum, payable semi:-annually on each February 15th and August 15th subsequent to the date of this bond, upon presenta- tion and surrender of the annexed interest coupons as they severally become due, or, if this bond be converted into a registered bond, to the registered owner, his legal representatives, successors or assigns. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of The Chase National Bank of the City of New York, in the Borough of Manhattan, City and State of New York. At the request of the holder of this bond, this bond will be converted into a registered bond, in accordance with the provisions of the General Municipal Law, If so converted, this bond will be transferable only upon presentation to the City Clerk with a written assignment duly acknowledged or proved, at which time the name of the assignee will be entered hereon and in the books kept for that ? purpose in the office of said City Clerk. This bond is one of an issue of bonds of like date and tenor, except as to maturity, and is issued pursuant to the provisions of Article Seven of the General City Law of New York, and pursuant to an ordinance duly adopted by the Common Council of said City on the 31st day of July, 1941. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of New York to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the issue of bonds of which this is one, together with all other indebtedness of said City, is within every debt or other limi � prescribed by the Constitution or statutes of said State, and the full faith and credit of said City are hereby pledged for the pur-c- tual payment of the principal of and interest on this bond in accord ante with its terms. IN WITNESS WHEREOF, said City has caused its corporate seal to be hereunto affixed and attested by its City Clerk, and this bond to be signed by the Mayor and City Comptroller of said City, and the annexed coupons to bear the facsimile signature of said City Comp- troller, and this bond to be dated August 15, 1941- �1 ay or City comptroller ATTEST: City Clerk 2 9 t1 Common Council -3- July 31, 1941 Section 6. Each of the interest coupons to be attached to said bonds shall be in substantially the following form: No. February, On the 15th day of August, 19_,,,, the City of Ithaca, in the County of Tompkins and State of New York, will pay to the bearer the sum of . DOLLARS in lawful money of the United Stated of America at the principal office of The Chase National Bank of the City of New York, in the Borough of Manhattan, City and State of New York, being six months' interest then due on its Bond, No. , dated August 15, 1941. City Comptroller Section 7. There shall be endorsed upon each of said bonds provisions for the registration of said bonds in substantially the following form: WE HEREBY CERTIFY that upon presentation of the within bond with a written request by the owner thereof (hereinafter named) for t its conversion into a registered bond, we have this day out off and destroyed coupons attached thereto, num- bered from to , inclusive, of the amount and value of Dollars ($ ) , each, amounting in the aggregate to Dollars and that the interest, at the rate of per centum (_%) per annum, payable semi-annually on the 15th days of February and August in each year, as was provided by the coupons, as well as the principal, is to be paid to , legal representatives, successors or assigns, at the princi- pal office of The Chase National Bank of the City of New York, in the Borough of Manhattan, City and State of New York, the place stated in the coupons. And the undersigned City Clerk hereby further certifies that such bond was this day registered in the name of said payee in the books kept in the office of the City Clerk. IN WITNESS WHEREOF, we have hereunto set our hands and the seal j of the City of Ithaca, this day of 19,,,,_. Mayor City Comptroller ATTEST: City Clerk (No writing below except by the City Clerk) i Date of Name of Registered Registered Registration Transferee By City Clem, • City Clerk r Common Council -4- 2 9 July 31, 1941 Section 8. The Mayor and City Comptroller and City Clerk are hereby authorized and directed to execute said bonds, and said City Comptroller and City Clerk is hereby authorized and directed to deliver said bonds to the purchaser to whom they may be sold by the Common Council upon receiving the purchase price to be paid by such purchaser. Ayes 9 Nays 0 Carried. Approved Jul 1 l 41 Y 3 , 9 yor BY Alderman Gibb, seconded by Alderman Barns: WHEREAS the Common Council desires to make provision for the sale of the b155,000. Street Improvement Bonds and $84,000. Bridge Bonds which are to be issued pursuant to the ordinances adopted by the Common Council on the 30th day of June, 1941 and the 18th day of July, 1941: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Ithaca: Section 1. The City' Clerk is hereby authorized and directed to cause notice of the sale of said bonds to be published in the manner prescribed by law. Such notice of sale shall be in sub- stantially the following form: NOTICE OF SALE CITY OF ITHACA, NEW YORK 6141000, 000 STREET I12R,OVEMENT BONDS BRIDGE BONDS Sealed proposals will be received and considered by the Common Council of the City of Ithaca, at the Cit Hall in Ithaca, New York, until Tuesday, the 12th day of A 4 clock .L 1, at 10.00 O'clock A.M. (Eastern Standard Time) 11:00 o'clock A.u. (Eastern Daylight Saving Time) for the purchase of the following bonds of the City of Ithaca, viz. (1) $155, 000. Street Improvement Bonds, payable, $15, OOO. of bonds on August 15th in each of the years 1942 to 1946, inclusive, and $16,000. of bonds on August 15th in each of the years 1947 to 19511 inclusive. (2) $84,000. Bridge Bonds, Payable, $4,000. of bonds - on August 15th in each of the years 1942 to 1957, inclusive, and d5,000. of bonds on august 15th in each of the years 1958 to 1991 inclusive. , The bonds are dated August 15, 1941 and are of the denomination Of $1, 000. each, and are coupon bonds with privilege of conversioi, into registered bands. Both principal and interest_ will be payable in lawful money of the United States of America at The Chase National, Bank of the City of New York, in the Borough of Manhattan, City and State of New York, Interest is payable semi-annually on February 15th and August 15th. No ProPosal for less than all of the bonds will be considered. Bidders are invited to name the rate or rates of interest which the bonds are to bear. Such rate or rates must be a multiple of one- quarter or one-tenth of one per centum, and must not exceed six per centum (61o) per annum, and must be the same for all of the bonds of each issue, but need not be the same for both of the issues. The bonds will be awarded to the bidder whose bid produces the lowest interest cost to the City over the life of the bonds, after deducting the premium offered, if any. The bonds oannot be sold for less than par and accrued interest to data of delivery of the bonds. 2 ct)V Common Council -5- July 31, 1941 The purchaser will be furnished with the o info of Messrs. Reed, Hoyct, Washburn & Clay, 'of New York City, are valid and binding obligations of the City of Ithaca. Each bid must be accompanied by a certified check, drawn upon an incorporated bank or trust company, payable to the order of the City of Ithaca, for $4,780.00, to secure the City against any loss resulting from a failure of the successful bidder to comply with the theme of o�his nsuccessful bidders will be returned upon the checks. Checks the award of the bonds. A detailed report of essential facts will be submitted to any interested bidder. The average assessed valuation of real estate subject to taxation by the City, as determined by the last completed assessment roll and the four preceding assessment rolls, is X38,106,193. 60; the total bonded debt of the city including the bonds described above, is $1,989,000.00; the population 647;the according to the most recent United States Census is 19, , bonded debt of the City does not include the orballfof theother property division having power to ower oftaxes Citon any subject to the taxing p The fiscal year of the City begins on January let, in each year. The amounts of taxes levied by the City for the fiscal years beginning January 1, 1938, January 11 1939 and January h11 1940 weroef, respectively, $457,951• : $494, 4-92-34, $514,723, 35; such taxes uncollected at the end of the respective fiscal years were, $. None, None, S None; and the amounts of such taxes which remained uncollected as of the date of this notice were, respec .ve- ly, None, None, None. T42�19oa d taxes suchrtax©s current fisca year was 573 1.6 . which have been collected is 507,96 3 The City of Ithaca operates under special and thecharter smendments by Chapter 503 of the Laws of 1905 f New thereto. The Street Improvement Bonds are to be issued pursuant to the General City Lew to finance street improvements, and the probable period of usefulness of the objects or purposes for which such bonds are to be issued is ten years. The Bridge Bonds are to be issued pursuant to the General City Law of New York to finance the con- struction or reconstruction of bridges, and the probable period of usefulness of the objects or purposes for which such bonds are to be issued is twenty years. The City has provided for such improve- ments from current funds at least five per oentum of the estimated cost of such improvements. The City is authorized and required by law to levy upon all taxable property of the City such ad valorem taxes as necessary ratepor amountbonds and the interest thereon without limitation as The enactment, at any time prior to the delivery of the bonds, of Federal legislation which in terms, by the repeal or omission of exemptions or otherwise, subjects to a Federal income tax the interes on bonds of a class or character which includes these bonds, will, at the election of the purchaser, relieve the purchaer from his of obligations under thu purchaser to the r rneofsthe deposited sale the By order of the Common Council. Dated: July 31, 1941• F. H. SPRINGER City Clerk Section 2. The City Clerk is hereby authorized to engage bond counsel to ies to a upon and certifyftheebonds8 and to engage competent par prepare 299 Common Council -6-- July 311 19+1 Section 3. Sealed proposals for the purchase of said bonds • shall be received and considered by the Common Council, and said bonds shall be sold, pursuant to and in accordance with said notice of sale. Carried. Ayes ,q Nays 0 Approved July 31, 1941 yor On motion the meeting was adjourned. F. H. ringer Cit Clerk ✓ rA 300 COMMON .COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 5:00 P. M. August 6, 1941 PRESENT Mayor - Campbell Aldermen - Mazza, Rottmann, Barns, Shurger, Leachtneauer, Vail, Adams, GIbb Attorney - Thaler Clerk - Springer Police Commissioner -- Comfort Chamberlain - Snyder MINUTES Minutes of the preceding meeting were duly approved. PARKING ORDINANCE AMENDED Police Commissioner Comfort recommended that parking of vehicles be prohibited on the west side of Plain Street in the 100 block, north and south, and on the north side of E. Buffalo Street between Aurora Street and Terrace Place. By Alderman Mazza, seconded by Alderman Adams: Resolved, that Chapter VI, Section 2f "No Parking" be amended by adding the following: East Buffalo Street, north side, between N. Aurora Street and Terrace Place; Plain Street, west side, 100 block north and south between Seneca and Green Streets. Effective upon publication. Ayes 8 Nays 0 Carried and Approved. REQUEST FOR PARKING METERS ADJACENT TO COURT HOUSE A letter from Mr. W. J. Troy was presented requesting the installation of parking meters in the 300 block of .N. Tioga Street. Mr. Troy stated that it is impossible to find parking space in this block which is a great inconvenience when transacting busi- ness at the Court House. By Alderman Vail, seconded by Alderman Adams: Resolved, that the matter be referred to the Police Committee for study and recommendation. Carried. POLLING PLACES- 1941 The Clerk reported that it is incumbent upon the Council at this time to designate the polling places for 1941. Alderman Leachtneauer called attention to the fact that the Chas. Green Shop at 206 Lake Avenue will be available again this year for a polling place and as it is more centrally located it was moved By Alderman Leachtneauer, seconded by Alderman Mazza: Resolved, that the Chas. Green Shop at 206 Lake Avenue be designated as a polling place for the Third District of the Third Ward for the year 1941. Carried. By Alderman Adams, seconded by Alderman Shurger: Resolved, that pursuant to Section 66 of the Election Law, the Common Council hereby designates the following places in each of the election districts of the City of Ithaca for registration and election purposes, and Be It Further Resolved, that in case any place hereby designate3 cannot for any reason be used for such purpose, the City Clerk be and he hereby is authori zed and directed to secure forthwith and designate another suitable place instead thereof: First Ward, 1st. Dist. 111 Cliff St. , Beebe Mission Chapel " 11 2nd. Dist. 626 w. State St. No. 6 Fire Station " It 3rd. Dist. 532 W. Buffalo St. , City Pumping Station Second " 1st. Dist. 136 W. State St. , No. 5 Fire Station " " 2nd. Dist. 301 S. Geneva St. , St. Johns School 3rd. Dist. Cor. S. Tioga & E. Green Sts. Cayuga Motors Inc. Third " 1st. Dist, 203 N. Geneva St. , Congregational Church " " 2nd. Dist. 406 N. Aurora St. First Meth. Church House 3rd. Dist. 206 Lake Ave. , Chas. Green Shop i 31 Common Council -2*- August 6, 1941 Fourth Ward, 1st. Dist. 401 E. State St. , Dean's Warehouse Office ° " 2nd. Dist. 206 E. Seneca St. , No. 2 Fire Station " " Ord. Dist. 311 College Ave. , No. 9 Fire Station If " th. Dist. 502 Mitchell St. , Belle Sherman School Fifth " 1st. Dist. 702 N. Cayuga St. , Mrs. Groom's Garage 2nd. Dist. 717 N. Aurora St. , Mr. Holman's Garage 3rd. Dist. 1012 N. Tioga St. , No. 7 Fire Station " th. Dist. Basement Sibley College, Cornell Campus Unanimously Carried. CHARTER AMENDMENT RE DEPOSITORIES Attorney Thaler presented the following p p sect amendment to Section 33 of the City Charter in regard to requiring banks in which City funds are deposited to fur- nish bonds or other security as collateral security, and he stated that action must be deferred until the period required by Section 13 of the City Home Rule Law shall have elapsed: Section 33. At its first regular meeting in each year the common council shall designate one or more banks or trust companies ' in said city as the depository of all moneys received by the city chamberlain, and may agree with such bank, banks or trust companies upon a rate of interest per annum to be paid on moneys so deposited- Each such depository so designated shall, for the benefit and seourit. of the city, and before receiving any such deposits, execute to the city a good and sufficient undertaking, with two or more sureties, or with one or more surety companies authorized to do business in the State of New York, or with the deposit of bonds, certificates or notes as collateral thereto as hereinafter provided, such undertahin- in any event to be approved as to from, amount, and sufficiency by y the common council. Such undertaking shall be conditioned for the safe keeping and payment, on the order or warrant of said city cha,mteM lain or of other lawful authority, of all such deposits and the agree, interest thereon, and it shall be the duty of the city clerk to file such undertaking of each such depository in his office. It shall be the duty of the city chamberlain to deposit all funds belonging to the city that may come into his hands in such depository or deposit- ories and his failure so to do will be a misdemeanor. The designa- tion of any such bank� or trust company and the depositing of moneys therewith by such city chamberlain shell not release him or his sureties from any liability, except for loss through failure or fault of such designated bank or trust company. The bonds, certificates or notes offered as collateral ;security shall be in such sum as fixed by the common council and shall be deposited in such place and under such conditions as determined by the city clerk. The bonds, certificates or notes so deposited as collateral shall be bonds, certificates or notes of the United State; of America, the Stato of New York, or the City of Ithaca. RE-DISTRICTING Alderman Adams reported on the progress of the study in re-districting and he stated that he is to have a conference tomorrow with a person who may be able to assist in the work. It was agreed that if changes are made, redistricting should be done on the basis of population centers, and the matter was con- tinued with the Committee for study and report. �.• AUDIT By Alderman Shurger, seconded by Alderman Barns: Resolved, that the bills audited t�y the Finance CorLmittee be and the same hereby are approved and ordered paid. Carried. On motion the meeting was adjourned to reconvene at 11 A.M. Tuesday, August 12, 1941. I F. H. Springer City Clerk �/` 3 42 40MMON COUNCIL PROCEEDINGS 01 tY4 -0.f. Ithe.aa" N.Y. Adjourned Regular Meeting 11 A.M. D. S. T. must Imo, =9�. PRESENT: Mayor •- Campbell Aldermen - Rottman, Barns, Shurger, Leachtneauer, Vail, Adams, Gibb Attorney - Thaler Clerk - Springer Deputy Clerk Blean Chamberlain -- Snyder ABSENT: Aldermen - Mazza, Gillette, Perry MINUTES Minutes of the preceding meeting were duly approved. BOND SALE Mayor Campbell announced that the advertised time limit for receiving bids for the purchase of the $155, 000.00 pavement bonds and $84,000.00 bridge bonds had expired and that it was in order to consider such bids as had been duly filed, and the Clerk being authorized, opened and read the following proposals:, Bidder Int. Price Dick & Merle-Smith MOO $239058• 25 , H.T.Greenwood & Co. 1.10 239P879- 52 3 Lazard Freres & 000 First Michigan Oorpn. 1.10 239,858.01 • First Boston CorpA. 1.10 239, 645- 30 Halsey Stewart & Oo. , Inc. 1.10 239,332. 21 First Natl. Ohgo. 1.10 239032-00 Geo.B.Gibbons & Co. , Inc. Roosevelt & Weigold,-Inc. 1.10 21g., 262-90 Harriman, Ripley & Oo. , Inc. 1.10 9,167.07 H. L.Allen & Co. oo Minsch, Monell & Co. , Inc. 1. 20 239,956• Equitable Sec. Oorpn. 1. 20 239,774.00 Harris Tr. & Say. Bk. 1. 20 239,764- 57 Marine Trust Co. R.D.white & Oo. 1. 20 239, 352-00 C. fr. Childs & 0 o. , Inc. Reynolds & Co. Sherwood & Co. 1. 20 239t254-00 E. H.Rollins & Sons, Inc. A. C. Allyn & Co. , Inc. 1. 20 2391229- 44 Estabrook & Co. 1. 20 239, 069- 31 Manfg. & Traders Trust Co. Adams, McEntee, & Co. , Inc. 1. 25 239., 652- 47 Kidder, Peabody & 00. Kean, Taylor & Co. 1. 25 239t358- 50 I First Nat 'l. Ithaca 1. 50 239 f 000.00 A certified check in the amount of $ 4,780.00 accompanied cash bi d. By Alderman Adams, seconded by -Alderman Vail: Resolved, that the sale of the $155,000 Paving Bonds and $84,000 Bridge Bonds be and the same hereby are awarded to Dick and ' Merle-Smith of 30 Pine Street, New York City, in accordance with th," terms of their low bid, at an interest rate of one (1%) percentum per annum and at a. total price of $239, 358. 25 Plus accrued interest to date of delivery of the bonds. Ayes 7 Rottman, Barns, Shurger, Leachtneauer, Vail, Adams, Nays 0 Gibb Motion carried. Submitted to me and approved this 12th day of August, nineteen hundred forty one. i Jos ph Campbel „ Mayor On motion the meeting wms adjourned to reconvene at the call of the Mayor. ;7- F.H.Snringer, City Clerk Co,,,n-,-,ion Council Licit Sheet u�-oust 6, ic,41 amount Ithaca Journal X12- 24 -v' Xe%.- York Telen-hone Co. 41. Burroughs Adding _'.';,Lchine Co. 2- 59 - "iddressogra-ph Sales A^-Iencv 10". 00 - 0. J. Rumsey Co. 5. 90' "Alliam A. 'hurch 00. '4 0 2-r) VanZatta Cifice Ermd-oment Co. . 00" T. T'--illers Sons ' Pa-oer Co. 54- 16, 5-o, encer 's Sign Service 5. 50V Tillia-,mso-n Lra. 3-ook Co. 20. 00 Stover Printing Co. 01. r"i The Chase "--ational Ban!,, 00" ary 1:,?.risell 5. 00 V--an'7E,,t'L1r,,. Office ',Equi-oinient Co. -i, T• P r it r'ha r d Socon�r va,cu'Xift �-il V 65. 51 Seneca St. C7'ar@.E2,e 3. 2 V Ithac,,-). Inc. of Ithaca 3. 00 ' ITe,,fr York Tele-ohone Co. 0• =i 611eri f f C. 1 -.,nv de r, City '-1 1 1-a:-.1"o e r 1 yin io. 41I.v . Te' n; `oi rse-%r Pp,,,int Co. 11 -th J. Co. . 06/ rd. Y. S ---,,le, c. L' "or,t). itlriacf-7, ji-11-- Co. 1. 00 E � -,-al 34- 75 .Alen 33• 6;1-` i Dean 17. ,O B - ,q,Tbp ra 3 1q-1 c k 3'- -00 mince Co!,14 tee ZY BOARD OF HEALTH August 6, 1941 Mrs. Madora Baker $ 10.00x- A. B. Brooks & Son 23.461,.- Laura A. Head 7.16v' Gladys A. Robbins 15. 57 E. Mae Mandeville 11. 52 T. G. Miller' s Sons Paper Co. ,69 N. Y. Telephone Co. 7,13 M. J. Kolar 56.43 A. H. Stubblefield 5.20 !Lewis Manufacturing Co. 3. 50 * !Westwood Pharmacal Corp. 1. 35 ;Mrs. Idabel Carlton 9.00 V Dept. of Health of N. Y. City 2,63 V' Dr. J. W. Judd 20.00 i i t I I I i i a i i i i i i I; i i i i i i E i 1? 3.03 COMMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular "Meeting 5:00 P. M. September 3, 1941 PRESENT Mayor - Campbell Aldermen - Mazza, Rottmann, Barns, Shurger, Leachtneauer, Gillette, Vail, Adams, Gibb Attorney - Thaler Clerk - Springer Cha.-nberlain - Snyder MINUTES 'Minutes of the preceding meeting were duly approved. PARKING - S. AURORA STREET Mr. George Mezey, proprietor of 'the Cornell Laundry and Cleaning Center at 110 S. Aurora Street re- ported that since the parking meters have been installed, he has been unable to drive to the curb to load and unload his trucks, as some cars occupy the metered space for two or three hours. He stated that he has appealed to the Police Department with- out relief and he requested that a space be provided for his use. By Alderman Gibb: Resolved, that the Police Committee be directed to notify the Police Department that the ordinance in regard to repeat parking must be enforced. The motion was not seconded. By Alderman Adams, seconded by Alderman Vail: Resolved, that the matter be referred to the Police Cozmnmittee for study and recommendation. Carried. E. STATE STREET PAVING Mr. William Wilkinson reported that as President of the Taxpayers Association he has examined the subbase installed in E. State Street and that he has found the concrete has checked, and that the Association does not feel that the pavement is properly installed, as no reinforcing steel was used nor were expansion joints installed. As the matter of installing the pavement is under the jurisdic- tion of the Board of Public Works, it was suggested that Mr. Wilkinson bring the matter to the attention of that Board. SUPERINTENDENT OF PUBLIC WORKS Mr. Wilkinson reported that the Taxpayers Association urged the appointment of a Superintendent of Public Works. BIDS - WELFARE DEPARTMENT REPAIRS The Clerk reported that the following bids for repairs in the Welfare Department offices were opened by the Board of Public Works at a meeting held August 27, 1941, after advertising for bids a second time, and that on motion the bids were accepted and referred to the Council for study and award: Bidder Lin,oleum Electric Painting Papering Better Paint and Wallpaper Service $4171-187 900 Rothschild Brothers Norton Electric Co. $138. 50 William M. Egan $219.00 $ 103. 05 By Alderman Vail, seconded by alderman Rottmann: Resolved, that the low bid of Rothschild Brothers in the total amount of $497.87 for furnishing and installing linoleum be and hereby is accepted and awarded: that the low, bid of Norton Electric Co. in the total amount of $138. 50 for furnishing and installing electric fixtures be and hereby is accepted and awarded: that the low bid of William 1:. Egan in the total amount of $P19.00 for paint- ing and $103. 05 for papering be and hereby is accepted andava,rded, and Be It Further Resolved, that the Welfare Department be and hereby is authorized to use available funds from the Welfare Department budget for the work. Unanimously Carried and Approved. 0 4 Common Council -2- September 3, 1941 R. J. WALKER - DAMAGE CLAIM The Clerk reported that the Board of Public Works recommends settlement of the claim for damages in the amount of $6. 15 filed by R. J. Walker. The damage was caused when the street flusher backed against Mr. Walker 's car and damaged a fender. Attorney Thaler stated that there was no question as to the liability and it was moved By Alderman Adams, seconded by Alderman Shurger: Resolved, that City Attorney Thaler be and he hereby is authorized and directed to settle the claim for an amount not to exceed $6.15. Carried. PARKING 300 BLOCK N. TIOGA STREET Alderman Leaehtneauer reporting for the Police Committee, recommended that instead of installing parking meters that parking be limited to one hour in the 300 block , of N. Tioga Street instead of two hours at present, and it was moved By Alderman Leaehtneauer, seconded by Alderman Adams: Resolved, that Chapter VI, Section 2a, 2b of the City Ordinances be amended as follows: k Chapter VI. Section 2a, "Two Hour Parking" is hereby amended by striking therefrom the following: "Tioga Street - both sides - between Buffalo and Court Streets. " Chapter VI. Section 2b, "One Hour Parking" is hereby amended by adding the following: "Tioga Street -- both sides - between Buffalo and Court Streets. " Effective upon publication. Ayes 9 Nays 0 Carried and approved. AUDIT By :alderman Barns, seconded by Alderman Gibb: Resolved, that the bills audited by the Finance Committee be and the same hereby are approved and ordered paid. Carried. ORDINANOES Hawkers, Peddlers, Solicitors Transient Retail Business The following drafts of ordinances were presented by the Charter & Ordinance Committee with the recommendation that the present ordinance, Section 4 of Chapter IT, covering Hawkers, Peddlers and Solicitors be repealed and the new one adopted, and that a new ordinance covering Transient Retail Business be added to the orc'_icz- , ances as Section 10, Chapter IV. City Ordinance Chapter IV, Section 4 Hawkers, Peddlers, Solicitors 1. DEFINITIONS. The terms "hawker" and "peddler" as used it this ordinance shall mean and include any person, either princi-1F,_1 fi or agent, who, in any public street or public place, or by going from house to house or from place of business to place of business, on foot or on or from any vehicle or animal, sells or barters, offers for sale or barter, or carries or exposes for sale or barter any goods, wares or merchandise, except milk, mewspapers and periodicals. The term "solicitor" as used in this ordinance shall mean and � include any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise, except newspapers or milk, or for services to be performed in the future, or for making, manufacturing or repairing any article or thing whatsoever for future delivery. The term "established place of business" as used in tble ordinance shall mean and include a building or store in which or where the person transacts business and deals in the goods, wares or merchan- dise he hawks, peddles or solicits for during regular hours of business daily. The work "person" as used in this ordinance shall mean and in- clude one or more persons of either sex, natural persona, firms and corporations, and all other entities of any kind capable of being sued. Common Council .- Audit Sheet September 3, 1941 Name Amount Norton Printing Co. 2. 50 ` Ithaca Journal 16. 24 New York Telephone Co. 3 •£0 ' fj N.Y. S. Elec. & Gas Corp. 3. 45 , - ' T. G. 1'illers Sons Paper Co. �_O The YcBee Company 13 � F. H. Springer 26. 35 Burroughs Adding Machine Co. 1. 65/ Lawrence 11. Lintz 10. 00 � �j The �TMarine Trust Co. 245.75 P` } Reed, Hoyt, Washburn & Clay 392. 90 Socony Vacuum Oil Co. 85. 03 "'� Ll �i Schabers Cycle Shop 1. 50 Auto Body & Radiator Wks. 3. 75 �I New York Telephone Co. 9. 26 ` Harrison Adams 33. 14 R. L. Va.nDerveer 17. 64 T. S. Darley & Co. 39.75 l C. J. Rumsey & Co. 2. 20 4 N. Y. S. Elec. & Gas Corp. 6°• 2 Stover Printing Co. 4 50 Arctic Ice Cream Co. 9 !� Bools Flowerdale Inc. 21• The Corner Bookstore 4 04 Dorman S. Purdy 1416. SS Barbara W. Black 33. 50 Finance Committ OF s u _ i Ij i h � I? i i i 1 Ij I BOARD OF HEALTH Sept. 3, 1941 Wallace Scrap Iron & Metal Co. 13.05 v Herbert Stevens 16. 25 v " Art Jones 1. 50 Tars. Mabel Carlton 8.00 ,E Williams Press , Inc. 4. 20 E. Mae Mandeville 13.09 L '` v Laura A. Head 13.90 Dr. A. J. Leone 10.00 `` N. Y. Telephone Co. 7. 58 T. G. millers Son' s Paoer Co. 8.82 Mrs. Madora Baker 10.00t ' ', lu. Y. State Elec. & CTas Corp. 2.12 `-" A. H. Stubblefield 3.10 ` -' Westwood Pharmacal Corn. 5.00 � �} Dr. J. W. Judd 20.00 . • Dr. A. J. Leone 10.00 ' Gladys Robbins 11.02 ;,- M. J. Kolar 42.75 V a Hart' s Pharmacy 2.15 J`4,_ i ;I I i I r j . I i, I i i vl l Ij I I i l Common Council -3- September 3, 1941 2. LICENSE REQUIRED. It shall be unlawful for any person, ex- cept as provided in subdivision 9. below, within the corporate limits of the City of Ithaca to act as a hawker, peddler or solicitor as herein defined without first having obtained and paid for, and hav- ing in force and effect, a license therefor. 3. APPLICATION FOR LICENSE: BOND. Any person desiring to pro- cure a license as herein provided, shall file with the Chief of Police of the City of Ithaca, New York, a written application upon a blank form provided by the Chief of Police and furnished by the City, and shall file at the same time satisfactory proof of good character. Such application shall give the number and kind of vehi- cles to be used by the applicant in carrying on the business for which the license is desired, the kind of goods, wares and merchan- dise he desires to sell or the kind of service he desires to per- form, the method of distribution, the name, permanent and Ithaca address and age of the applicant, the name and address of the person, firm or corporation he represents, the length of time the applicant desires a license, and such other information as may be required by the Chief of Police. Such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved. An application for a license as a solicitor who demands, accepts or receives a payment or deposit of money in advance of final delivery, shall also be accompanied by a bond to the City of Ithaca, New York, approved as to form and surety by the City Attorney in the penal . sum of Five Hundred Dollars ($500. 00) with sufficient surety or sureties or sufficient collateral security, conditioned for making a final delivery of the goods, warefi or merchandise ordered or services to be performed in accordance with the terms of such order, or failing therein that the advance payment of such order be refunded. Any person aggrieved by the action of any licensed solicitors, shall have right of action on the bond for the recovery of money or damages, or both. Such bond shalom remain in full force and effect, and in case of a cash deposit, such deposit shall be retained by the City of Ithaca for a period of ninety days after the expiration of any such license, unless sooner released by the Chief of Police. 4. LICENSE. Upon the filing of the application as provided in the last preceding subdivision, the Chief of Police shall, upon his approval of such application, issue to the applicant a license as provided in subdivision 2 hereof. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or the general welfare. ' A license shall not be assignable. Any holder of such license who permits it to be used by any other person, and any person wr.o uses such license granted to any other person, shall each be qullty of a violation of this ordinance. All licenses shall be issued from a properly bound book with proper reference stubs kept for that pur.- pose, numbered in the order in which they are issued, and shall state clearly the kind of vehicle, if any, to be used, the kind of goods, wares or merchandise to be sold, or service to be rendered, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee. Each such license, if the licensee is to use a vehicle, shall include the right to use only one vehicle in carrying on the business for which the person is licensed. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand. 5. LICENSE FEES. The following fees shall be paid for the license hereinabove required: a. Where a vehicle or vehicles is or are to be used by the applicant, the fees shall be 1. For the first such vehicle so used: For one year, Fifty Dollars ($50.00) ; for any period less than one year at the rate of Ten Dollars ($10.00) per month, except that the minimum fee shall be Twenty Dollars 020.00) . 2. For each additional vehicle so used by any one licensee: For one year, Twenty-Five Dollars($25.00) ; for any period less than, one year at the rate of Five Dollars ($5. 00) per month, except that the minimum fee shall be Ten Dollars ($10.00). 1)n" Common Council -1I-- September 3, 19+1 b. Where no vehicle is used by the applicant, or where an additional license is required b paragraph "c" hereof: For one year Twenty-Five Dollars ($25.00); for any period less than one year, at the rate of Five Dollars ($5.00) per month, except that the minimum fee shall be Ten Dollars ($10.00). c. Any person using a vehicle may employ under the same license not more than one person to assist in selling and delivering, but such person shall so act only when accompanying a licensed hawker, peddler or solicitor, and when any additional persons are so em- ployed, an additional license shall be required for each such additional person and the fee fixed in paragraph "b" shall be paid therefor. d. The one employee mentioned in subparagraph "c" above who acts with a licensee shall at all times carry and on demand display a card of identification issued by the Chief of Police, which card shall contain the following information: The name of the employee, the name of the employer and the date of expiration of the employer 'e license. Such identification cards shall be valid until the expira- tion of the license under which they are issued. Each such employee shall file with the Chief of Police a statement including his name, age, permanent and Ithaca address and the name and address of his employer. He shall pay to the Chief of Police a fee of $1.00 upon the issuance of the identification card. The provisions of pare,-- graph "S" of this section respecting revocation of license shall apply to the revocation of cards of identification. The issuance of a card of identification may be refused upon the same grounds as set forth in paragraph 114" of this section, for the refusal of a license. 6. MARKINGS ON VEHICLES. The vehicle kept or used by a licensee in exercise of his license shall be marked on both sides with the; number corresponding to the number of his license, and the wordo "Licensed Vendor" in plain letters and figures at least two inches in height and of such color as to be plainly read at a distance of at least ten feet. 7. NAME AND ADDRESS ON VEHICLE. Every vehicle used by a lic- ensed hawker, peddler or solicitor in or about his business, shall. have the name of the licensee and his address plainly, distinctly and legibly painted in letters and figures at least two inches i1 height in a conspicuous place on the outside of each side of ever; such vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license. 8. REVOCATION OF LICENSE. The Chief of Police may, at any for a violation of this or any other ordinance or any law, revcle:, the license. When a license shall be revoked, no refund of an - unearned portion of the license fee shall be made. Notice of s1rc,h revocation and the reason or reasons therefor, in writing, be served upon the person named in the application by delivering try:: some to him personally or by mailing the some to the address g -<;, r. in the application; such revocation shall be immediately effect:'--u if served personally and shall be come effective twenty-four housrb after mailing if served by mail. Licenses obtained by fraud or misrepresentation of any material fact shall be wholly invalid and shall be surrendered upon demand; no refund of the license fee shall be made. 9. RESTRICTIONS. A huckster, peddler or solicitor shall: a• not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale; or offer for sale any unwholesome, tainted or diseased provisions or merchandise. b. keep the vehicles and receptacles used by him in a clean and sanitary condition and the food stuffs and edibles offered for sale well covered and protected from dirt, dust and insects. } c. not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares, or shout, or cry his wares. d. not stand or permit the vehicle used by him, to stand in one place in any street or public place for more than ten minutes. e. not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise. 3Ua Common Council -5- September 3, 19 +1 f. not use any weighing or measuring device unless the same - shall have been examined and sealed by the City Sealer of Weights and Measures. 10. ORDERS. A written statement of all orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery, setting forth the terms thereof, the amount paid in advance, the name of the solicitor and the name of the person or firm he represents, shall be given to the purchaser at the time the money is paid to or deposited with the solicitor. 11. EXEMPTIONS. Nothing in this ordinance shall apply to sales conducted pursuant to statute or by order of any court, or to any persons selling personal property at wholesale to dealers in such article. The licensing provisions of this ordinance shall not apply to merchants having an -established place of business within the City, or their employees; to farmers and truck gardeners who themselves or through their employees vend, sell or dispose of the products of their own farms or gardens; to honorably discharged soldiers, sailors or marines properly exercising a license issued pursuant to the General Business Law or to berry pickers who sell berries of their own picking; but all such persons shall observe the provisions of subdivision 7 hereof. This ordinance also shall not apply so as unlawfully to interfem. with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce or claiming any of the exemptions he rei,nabove set forth shall apply to the Chief of Police for a Certificate of Compliance, using the form of application described in subdivision 3; the applicant shall also submit to the Chief of Police satisfactory evidence that he is engaged in interstate com- merce. When the applicant shall have established to the satisfaction_ of the Chief of Police that he is engaged in interstate commerce, the Chief of Police shall issue to him, without charge, a Certificate Of Compliance, stating among other things, that such person has com-. plied with the requirements of this section and has satisfactorily established that he is engaged in interstate commerce. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. Each such certificate shall be invalid after one year from its date of issue. The securing of any such certificate by fraud or misrepresentation by any person not in fact engaged in interstate commerce shall constitute a violation of this ordinance. 12. Violation of this ordinance shall constitute disorderly conduct, and each day 's violation shall constitute a separate offense. 13. If any subdivision or provision of this ordinance shall be decided by any court of competent jurisdiction to be unconstitu4iono, or invalid, the same shall not affect the validity of this ordi3)ano,,. as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. 14. This ordinance shall take effect upon publication. City Ordinance Chapter Iii, Section 10 Transient Retail Business SECTION 1. This ordinance shall be known as the Transient Re- tail Business Ordinance and is ordained in pursuance to Section 85-a of the General Municipal Law of the State of New York. SECTION 2. Definition: A transient retail business is hereby defined as being one conducted in a store, hotel, house, building or structure, for the sale, at retail, of goods, wares and merchan- dise or services incident therewith, and which is intended to be conducted for a temporary period of time, and not permanently. ?TTothing contained herein shall be construed to apply to so- called "Rummage Sales" conducted by local charitable or religious corporations or associations. 3 0 S Common Council -6- September 3, 1941 SECTION 3. Permit and Bond or Cash Deposit of Transient Merchants:. An application for a permit or license to conduct a transient retail business within the City of Ithaca shall be made by mail or otherwise to the City Clerk, upon blanks prepared under authority of the City Clerk, and an applicant shall furnish such proof of his identity and integrity, as the City Clerk shall, in his discretion, determine. Such application shall contain a statement showing the true name of the owner of such business, his resi denoe, office address, nature and kinds of goods to be sold, the persons, firms and corpora- tions from whom such goods were purchased, and the period of time during which and the location where it is contemplated such business will be conducted. The City Clerk may demand, and such merchant shall furnish, such further information relating to stock and sales during the con- duct of such transient business, as the City Clerk may deem necessary to meet the purposes of this ordinance. Each applicant, before receiving a permit to conduct such -Transient business, shall file with the City Clerk of the City of Ithaca, a bond in the penal sum of five hundred dollars ($500.00) , executed by a surety company or by two responsible fee-holders re- ,J ding in the state of New York, (or in lieu thereof, a cash bone. Qf equal amount) , conditioned that such person or corporation will make a full, complete and true report, of the gross amount of sales made in such transient retail business in the City of Ithaca, and will comply in good faith, with the provisions of this ordinance, and that he or it will pay the amount of tax fixed. Said bond shall be approved by the City Attorney as to form and by the City Clerk as to its sufficiency. A permit or license granted hereunder shall be conspicuously displayed by the transient merchant in the place of business con- ducted by him during the conduct of such business. SECTION 4. Tax imposed for Conduct of Transient Business: k tax is hereby levied upon all persons or corporations conducting a transient retail business within the city. Such tax shall be based t.pon the gross amount of sales and shall be at the same rate as ot? r property is taxed for the year. The amount of such tax shall be determined by taking the total of the combined rates of the City, School and State and County taxes, levied or assessed against real property in the City. Th ,, total of such rates shall then be applied to the gross amount of sales made by such transient merchants, within the City, and tht:: amount so fixed shall be levied against the person or corporati )r, conducting such transient retail business. If, at the time such tax becomes due and payable, the tax rates for the current year in the City have not been fixed, the same shall be estimated by the City Assessor, who shall certify estimate to the City Clerk, to be used by him in fixing such Every person or corporation permitted to conduct a tra.nsien-� b. .. ness within the City shall file a verified report to the Ci' y on or before twelve o'clock noon, on 'Monday of each week. Such ..t,-.. port shall contain a statement of the gross amount of sales of previous week made by such merchant within the City, up to thL s of business on the preceding Saturday, and, at the same time, su," transient merchant shall pay to the City Clerk the amount of tax levied upon such sales. SECTION 5. Conduct of Unlicensed Transient Business Prohibited: No individual, person, firm, corporation or association shall trana- k . act a transient retail business within the City, without first ob- taining a permit or license thereof, and without first making a cash deposit or filing a bond as herein provided. SECTION 6. Presumptive Evidence: If the place in which the business is conducted is rented or leased for a period of less than six months, such fact shall be presumptive evidence that the busi- ness carried on therein is a transient business. SECTION 7. Revocation of License: upon the failure of the per- son or corporation who shall have received a permit or license to conduct a transient retail business to comply with any or all of the terms of this ordinance, the City Clerk may, at any time, revoke the permit or license granted to such person or corporation in which event any cash deposit shall be returned to the licensee, less the amount of the tax due thereunder. 1309 Common Council —7-» September 3, 1941 SECTION 8. Penalty: Any person or corporation failing to pay said tax, or failing to obey the provisions of this Ordinance, or any amendment thereto, shall be guilty of a misdemeanor, and upon being convicted of such violation shall be punished by a fine of not less than Fifty Dollars ($50. 00) nor more than One Hundred and Fifty Dollars ($150.00) or by imprisonment for not less than ten (10) days nor more than sixty (60) days, or by both such fine and imprisonment. SECTION 9. All resolutions and ordinances inconsistent herewith r are hereby repealed. SECTION 10. This ordinance shall take effect on October 15, 194E after due publication of same in the Ithaca. Journal. It was agreed that the proposed ordinances should be included i.n the minutes of this meeting and acted upon at the next meeting of the Council, after study by the Aldermen. REDISTRICTING Aldermen Adams reported that Mr. Arthur G. Lindsay, a graduate student at Cornell who has had considerable experience, has agreed to proceed at once with the work of redistricting and that the estimated cost of the work will be approximately $350.00 which will include the cost of certain information required from the Federal Census Bureau. A preliminary report submitted by ILT. Lindsay was read by Mr. Adams and the Aldermen were informed that the report may be inspe^t C at the -office of the City Clerk. 11r. Adams recommended that the work be started at an early date as it will require several months to complete: By Alderman Vail, seconded by Alderman Shurger: Resolved, that Alderman Adams be authorized to engage Mr. Lindsay for the work at a cost not to exceed $350.00, and Be' It Further Resolved, that the City Attorney be directed to prepare an agreement, said agreement to be executed by the Mayor and City Clerk on behalf of the City. ayes 9 Nays 0 Carried and Approved. LOCAL LAW. RE DESIGNATION OF BANK DEPOSITORIES; BOND REV,IRED Attorney Thaler announced that the necessary time has elapsed since the proposed amendment to Section 33 of the City Charter was pre- sented to the Council and that it should be voted upon at this ti.mc: By Alderman Adaris, seconded by Alderman Vail: LOCAL LAW #4 1941 BE IT ENACTED BY THE 001RION COUNCIL OF THE CITY OF ITHAC�i S FOLLOWS: Section 1. Section thirty-three of the Ithaca City Charter. being Chapter 503 of the laws of hineteen hundred eight, as amended by local law #1, nineteen hundred thirty-two, local #1, nineteeni hundred thirty-six, and local law #3, nineteen hundred thirty-eigh4: is hereby amended to read as follows: Section 33. At its first regular meeting in each year the Common Council shall designate one or more banks or trust companic , in said City as the depository of all moneys received by the City Chamberlain, and may agree with such bank, banks or trust companies upon a rate of interest per annum to be paid on moneys so deposited. Each such depository so designated shall, for the benefit and security of the City, and before receiving any such deposits, execute to the City a good and sufficient undertaking, with two or more sureties, or with one or more surety companies authorized to do business in the State of New York, or with the deposit of bonds, oertifioates or notes as collateral thereto as hereinafter providE�r.L, such undertakings in any event to be approved as to farm, amount, and sufficiency by the Common Council. Such undertaking shall be conditioned for the safe keeping and payment, on the order or 3 4.0 Common Council September 3, 1941 warrant of said City Chamberlain or of other lawful authority, of all such deposits and the agreed interest thereon, and it shall be the duty of the City Clerk to file such undertaking of each such depository in his office. It shall be the duty of the City Chamber- lain to deposit all funds belonging to the City that may come into his hands in such despository or depositories and his failure so to do will be a misdemeanor. The designation of any such bank or trust company and the depositing of moneys therewith by such City Chamber- lain shall not release him or his sureties from any liability, ex- cept for loss through failure or fault of such designated bank or trust company. The bonds, certificates or notes offered as collateral security shall be in such sum as fixed by the Common Council and shall be deposited in such place and under such conditions as determined bl� the City Clerk. The bonds, certificates or notes so deposited as (:ollateral shall be bonds, certificates or notes of the United States �i America, the State of New York, or the City of Ithaca. Section 2. This local law shall take effect immediately. Ayes 9 Nays Q Carried. Approved September /a 1941 Mayor r i On motion the meeting was adjourned to reconvene at the call, of the Mayor. F. H. ringer . Cit Clerk i i I I I