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Myrtle Avenue, Borough of Brooklyn, for a period from July 1, 1916, to July 1, 1918, with the privilege of renewal thereafter for one or two years, at an annual rental of $700, the City to assume the water tax.

The Secretary of the Board of Education states that the resolution adopted by the Board of Education should have contained the clause "otherwise on terms and conditions the same as those contained in the existing lease," and requests that the above mentioned resolution adopted by the Commissioners of the Sinking Fund be so amended.

I therefore respectfully recommend that the above mentioned resolution adopted by the Commissioners of the Sinking Fund on July 26, 1916, be amended by adding the clause, "otherwise on terms and conditions the same as those contained in the existing lease.” Respectfully,

EDMUND D. FISHER, Deputy and Acting Comptroller. Resolved, That the resolution adopted by this Board at meeting held July 26, 1916, approving of and consenting to the execution by the Board of Education, of a renewal of the lease to the City of the two one-story buildings on Walworth Street near Myrtle Avenue, Borough of Brooklyn, for a period from July 1, 1916, to July 1, 1918, with the privilege of renewal thereafter for one or two years, at an annual rental of seven hundred dollars; the City to assume the water taxes, be and the same is hereby amended by adding the clause, "otherwise on terms and conditions the same as those contained in the existing lease."

The report was accepted and the resolution unanimously adopted.

Health Department-Lease for, of Premises No. 5 Terrace Avenue, Jamaica,

Borough of Queens. The Deputy and Acting Comptroller presented the following report and offered the following resolution:

September 8, 1916. To the Honorable the Commissioners of the Sinking Fund:

Gentlemen-The Secretary of the Department of Health, in a communication to your Board under date of August 19, 1916, requests the execution of a lease of the premises at 5 Terrace avenue, Jamaica, Borough of Queens, for use as a dormitory for the nurses employed at the Queensboro Hospital, for a period of one year from August 1, 1916, with the privilege of renewal for one or two years, at a rental of $660 per annum.

The Queensboro Hospital was designed to accommodate eighty patients, but at present the number is from 105 to 112, with twenty-nine to thirty nurses. For these nurses there are four rooms which will accommodate twelve, so that it is absolutely necessary to find other quarters for seventeen or eighteen nurses.

The premises to be leased at 5 Terrace avenue consist of an 11-room, two-story and attic, frame and stucco house, on a lot 40 feet by 100 feet, and are located on the north side of Terrace avenue, about 100 feet west of Flushing avenue.

The appraised value of the house and lot is $7,200, and the rental asked is therefore 9.1 per cent. on the appraised value.

I therefore respectfully recommend, the rent being reasonable and just, that the Commissioners of the Sinking Fund adopt a resolution authorizing a lease of the premises at No. 5 Terrace avenue, located on the north side of Terrace avenue, about 100 feet west of Flushing avenue, Jamaica, Borough of Queens, for use of the Department of Health, for a period of one year from August 1, 1916, with the privilege of renewal for an additional period of one or two years upon the same terms and conditions, at a rental of $660 a year, payable quarterly; the lessor to pay taxes and make inside and outside repairs, the lessee to pay water rates and furnish heat, light and janitor service. Lessor, Joseph Froissard, 132 West 85th street, Manhattan. Respectfully,

EDMUND D. FISHER, Deputy Acting Comptroller. Resolved, That the Corporation Counsel be and is hereby requested to prepare a lease to the City, from Joseph Froissard, of the premises No. 5 Terrace Avenue, located on the north side of Terrace avenue, about 100 feet west of Flushing Avenue, Jamaica, Borough of Queens, for use of the Health Department for a period of one year from August 1, 1916, with the privilege of renewal for an additional period of one or two years upon the same terms and conditions, at a rental of six hundred and sixty dollars ($660) a year, payable quarterly; the lessor to pay taxes and make inside and outside repairs: the lessee to pay water rates and furnish heat, light and janitor service; and the Commissioners of the Sinking Fund deeming the said rent fair and reasonable and that it would be for the interests of the City that such lease be made, the Comptroller be and is hereby authorized and directed to execute the same when prepared and approved by the Corporaus Counsel, as provided by sections 149 and 217 of the Greater New York Charter.

The report was accepted and the resolution unanimously adopted.

Department of Water Supply, Gas and Electricity-Communication from, in Regard to Applications for a Pipe Line Crossing Within a Public Highway,

The Deputy and Acting Comptroller presented the following report and there the following resolution :

July 28, 1916 To the Honorable the Commissioners of the Sinking Fund:

Gentlemen-On July 21st, 1916, the Deputy Commissioner of Water Supply. V. and Electricity requested the Commissioners of the Sinking Fund to adopt a resoktion authorizing the Commissioner to fix a fee of one dollar ($1.00) for the privilege of installing a pipe for transmitting water, gas or sewage or for other similar 1843 upon and across property in which the fee is held absolute by the City or in which t* City holds a permanent easement or right-of-way and where such property constituto but a portion of the land, the surface of which is used in common for public highway purposes.

The purport of this request is that a blanket resolution be adopted by the Cuer missioners of the Sinking Fund, thus eliminating the apparent necessity of applying to the Commissioners of the Sinking Fund upon each application for a pipe line Cros ing within a public highway.

The Acting Corporation Counsel under date of January 13, 1911, relative in a proposed agreement between the Draper Realty Co. and the Commissioner of War Supply, Gas and Electricity, states:

" It is provided by section 479 of the Greater New York Charter that:

** The commissioner of water supply, gas and electricity is charged unich the preservation of all lakes and all waters from which a supply is drawn the city, with the preservation of the banks of and of any river or other bmi of water from which the supply is drawn, from injury or nuisance, and wi the execution of such measures as may be necessary to preserve and increase the quantity of water and keep it pure and wholesome and free from contarnation and pollution.'

"If, therefore, in the opinion of the Commissioner, what is now proposed i be done upon the part of the Draper Realty Company has a tendency to protett the water of Oakland Lake from contamination and pollution, it is clearly within his powers to enter into such an arrangement as is now proposed. No casement or other interest in the land is to be ceded, but simiply a revocable permit is be given.

"As to the proposition to lay water and gas pipes and telephone and electric wire conduits, this is not in the nature of an application for a franchise, but of a permission to make connections over private property with the appliances of corporations which presumably have a legal franchise.

"I advise you, therefore, that no action upon the part of the Commissioners of the Sinking Fund is necessary in regard to the present application, but that the granting thereof rests entirely in the discretion of the Commissioner ch Water Supply, Gas and Electricity, as an incident of his management and control of the property devoted to the purposes of his Department."

While the proposition now presented is different than the Draper Realty C matter, the general question is the same, that is, what action should be taken by the Commissioners of the Sinking Fund in fixing a compensation to be paid for crossing the land under the exclusive control of the Commissioner of Water Supply Gas and Electricity.

The land in question if it is under the City's control is under the jurisdiction of the Commissioner of Water Supply. Gas and Electricity, and in accordance with the opinion of the Corporation Counsel the granting of any privilege thereon re entirely in the discretion of the Commissioner of Water Supply, Gas and Electricity as an incident of his management of the property devoted to the purposes of the Department.

I therefore advise that the request be referred back to the Department of Water Supply, Gas and Electricity, and the Sccretary be directed to advise the Commissioner of Water Supply, Gas and Electricity that no action by the Commissioners of the Sinking Fund is necessary. Respectfully,

EDMUND D. FISHER, Deputy and Acting Comptroller Resolved. That the request of the Commissioner of the Department of Water Supply, Gas and Electricity that a blanket resolution be adopted by the Commissioners of the Sinking Fund eliminating the apparent necessity of applying to the Commission upon each application for a pipe line crossing within a public highway, be and is hereby referred back to the Department, and the Secretary be and is hereby directed to advise the Commissioner that no action of the Commissioners of the Sinking Fund is necessary,

The report was accepted and the resolution unanimously adopted.

Armory Board-Lease for, of Premises at Nos. 23-25 Bartlett Street, 191 to

203 Harrison Avenue and 60 Gerry Street, Borough of Brooklyn, for Use as an Armory for the 15th Infantry, N. G., N. Y. Laid over for one week.

Department of Correction-Payment of Rent Authorized for House at Denton

Crossroads, New Hampton, N. Y. The Deputy and Acting Comptroller presented the following report and offered the following resolution:

September 8th, 1916. To the Honorable the Commissioners of the Sinking Fund:

Gentlemen—The Deputy and Acting Commissioner of the Department of Correction, in a communication to your Board under date of August 24, 1916, requests the renting, without the necessity of entering into a lease, of the 11-room house at Denton Crossroads, New Hampton, N. Y., for a period not exceeding four months from September 1, 1916, at a rental at the rate of $300 per annum.

The Comptroller in a communication to your Board under date of May 11, 1916, recommended the payment of rent for these premises at the rate of $300 per annum, for a period not exceeding six months from March 1, 1916, and said report was approved and payment of rent authorized at a meeting of your Board held May 18, 1916.

I therefore respectfully recommend, the rent being reasonable and just and the same as previously paid, that the Commissioners of the Sinking Fund adopt a resolution authorizing the Comptroller to pay rent at the rate of $300 per annum, payable monthly, to Elroy Givens, Middletown, N. Y., for use of the 11-room house at Denton Crossroads, New Hampton, N. Y., by the Department of Correction, for a period not exceeding four months from September 1, 1916, without the necessity of entering into a lease therefor. Respectfully,

EDMUND D. FISHER, Deputy and Acting Comptroller. Resolved, That the Comptroller be and is hereby authorized to pay rental at the rate of three hundred dollars ($300) per annum, payable monthly, to Elroy Givens, Middletown, N. Y., for use of the 11-room house at Denton Cross Roads, New Hampton, N. Y., by the Department of Correction, for a period not exceeding four months from September 1, 1916, without the necessity of entering into a lease therefor,

The report was accepted and the resolution unanimously adopted.

Transfer of $869.55 from the "Interest Fund" to the Account “Real Estate

Taxes, Manhattan." The Deputy and Acting Comptroller presented the following report and offered the following resolution:

September 8, 1916. Hon. Commissioners of the Sinking Fund:

• Gentlemen-During the month of June, 1916, the Receiver of Taxes erroneously deposited collectings affecting the account known as “Sinking Fund for the Payment of Interest on the City Debt-Water Rents Receivable-Arrears of Croton Water Rents-Manhattan-$869.55.” This item should have been deposited as “General Account_Taxes Receivable-Current-Real Estate Taxes-Manhattan-$869.55."

In order to correct said error I would recommend the adoption of the attached resolution. Yours very truly. E. D. FISHER, Deputy and Acting Comptroller.

Resolved, That a warrant payable from the Sinking Fund for the payment of the interest on the City Debt be drawn in favor of the Chamberlain of The City of New York in the sum of $869.55 to be deposited in the City Treasury to the credit of "Real Estate Taxes, Manhattan, Code S-110B," in order to correct error in deposit made by the Receiver of Taxes, as per statement submitted.

The report was accepted and the resolution unanimously adopted.

Refund of Croton Water Rents Overpaid in Error. The Deputy and Acting Comptroller presented the following report and offered the following resolution :

September 8, 1916. Hon. Commissioners of the Sinking Fund:

Gentlemen-Applications have been made, as per statement herewith, for refund of Croton Water Rents paid in error. The applications are severally approved by the Commissioner of Water Supply, Gas and Electricity or the Receiver of Taxes api the amount so paid ($971.56) has been deposited in the City Treasury to the credit of the Sinking Fund for the Payment of the Interest on the City Debt.

The attached resolution is necessary to reimburse the account "Croton Water Rent Refunding Account for amount so overpaid.” Yours very truly,

E. D. FISHER, Deputy and Acting Comptroller. James F. Bragg, $12; Charles C. Bull, $21; Crisp, Randall and Crisp, $2972; Charles S. Kohler, $5; Josephine H. Wright, $22.05; John P. Kelly, 59 cents; Isaac Weil, $2.10; Jerome Wilzin, $14.20; Maloch Realty Co., $2.10; Pauline Ott, $1125; Krahl Construction Co., $4.90'; William Rockefeller, $29; William Rockefeller, 847; L. Kaliski, $1; Bondyx Realty Co., $21; John J. Quigley, $14; Walter C. Xoves and Al fred E. Marling, receivers for American Real Estate Co., $11.80; Edward J. Moberg $12.18; Geo. F. Wagner, $26; John Saccomanno, $3.75; Theodore G. Walpuski, $ 30; John Boerum, $8.72; James N. Wells Sons, $28; Albany Savings Bank, $4; Miller, King, Lane and Trafford, $13; Elizabeth T. Bell, $18.33; David Davis, $60; Di Menna and Dal Balso, $1.75; Douglas Robinson, Charles S. Brown Co., $9.89; Archibald A. Forrest, $7.37; Department of Water Supply, Gas and Electricity, $470.40; Paul Hellinger $11.50; Michael J. Jennings, $33.01; Receiver of Taxes, $5.75; total, $971.56.

Resolved, That a warrant, payable from the Sinking Fund for the payment of the interest on the City Debt, be drawn in favor of the Chamberlain in the sum of $971.56 for deposit in the City Treasury to the credit of "Croton Water Rent Refunding Account” for refunding of erroneous and overpayments of Croton Water Rents, as per statement submitted.

The report was accepted and the resolution unanimously adopted.

Refund of $250 to the Eissing Chemical Company, Inc., Being Amount Paid

as a Fine in the Court of Special Sessions and Refunded by Order of Court.

The Deputy and Acting Comptroller presented the following report and offered following resolution :

September 8, 1915. Hon. Commissioners of the Sinking Fund:

Gentlemen-In the matter of the People of the State of New York against the Eissing Chemical Company, Inc., the defendant appealed to the Appellate Division of the Supreme Court, Second Department, from a judgment of conviction in the Court of Special Sessions of the City of New York, Borough of Brooklyn, on the 9th day of December, 1915, wherein he was adjudged guilty of a violation of Section 773 of the Charter and fined the sum of $250.

On May 22nd, 1916, the amount of fine ($250) was paid to the District Attorne of Kings County and subsequently deposited by the said District Attorney with the City Chamberlain and credited to the Sinking Fund for the Payment of the Interest on the City Debt.

The appeal was argued at a Special Term of the Supreme Court held in and for the County of Kings at the Court House in the Borough of Brooklyn on the list day of July, 1916, and by a decision of that court the judgment of conviction was re. versed and it was ordered that the Comptroller pay to the defendant Eissing Chemical Company, Inc., the sum of $250.

I attach hereto a resolution for adoption to carry into effect the provisions of sach order. Yours very truly, E. D. FISHER, Deputy and Acting Comptroller.

Resolved, That a warrant payable from the Sinking Fund for the Payment of the Interest on the City Debt be drawn in favor of Eissing Chemical Company, Inc., in the sum of two hundred and fifty ($250) dollars, returning it that amount paid is fine in the Court of Special Sessions of The City of New York, Borough of Brooklyn pursuant to an order of the Appellate Division of the Supreme Court, Second Depart. ment.

The report was accepted and the resolution unanimously adopted.

Refund of $10 Each to Emmet Garthner and 17 Others, Being Fines Paid by Them in the City Magistrate's Court and Refunded by Order of Court.

The Deputy and Acting Comptroller presented the following report and offered the the following resolution :

September 8, 1916. Honorable Commissioners of the Sinking Fund:

Gentlemen-In the matter of the People of the State of New York against Emmett Garthner and nineteen others, the defendants, Emmett Garthner, Thomas Burge, Freeman Deloatch, Robert Craig, Harry Smith, Clarence Evans, William Bell, Peter Prindle, Buddy Hawkins, Paul Hinton, William Hines, Thomas C. Thornton, Jules Sombre, John Staton, Bruce Thomas, Jesse Hawkins, William Brockington and Richard Pretlow appealed at a Term of the Court of General Sessions of the Peace in and for the County of New York, held at the Criminal Courts Building in the Borough of Manhattan, City of New York, at Part I thereof on the 15th day of August, 1915, from a judgment of conviction in the City Magistrate's Court of the City of New York, 1st Division, 12th District, wherein the defendants were found guilty of the crime of disorderly conduct and a fine of $10 was imposed on each defendant, which was paid and subsequently deposited in the Sinking Fund for the payment of the interest on the City Debt.

The appeal was argued at a Term of the Court of General Sessions of the Peace in and for the County of New York held at the Criminal Courts Building in the Borough of Manhattan, and the judgment of Conviction was reversed and it was ordered that the fine of $10 imposed upon each of the eighteen above named defendants be refunded to the said defendants severally.

I attach hereto a resolution for adoption to carry into effect the provisions of such order. Yours very truly, E. D. FISHER, Deputy and Acting Comptroller.

Resolved, That warrants payable from the Sinking Fund for the payment of the interest on the City Debt be drawn in favor of Emme:t Garthner, Thomas Burge, Freeman Deloatch, Robert Craig, Harry Smith, Clarence Evans, William Bell, Peter Prindle, Buddy Hawkins, Paul Hinton, William Hines, Thomas C. Thornton, Jules Sombre, John Staton, Bruce Thomas, Jesse Hawkins, William Brockington and Richard Pretlow, each in the sum of ten dollars ($10), refunding them that amount paid as a fine in the City Magistrate's Court, Twelfth District, First Division, pursuant to an order of the Court of General Sessions of the Peace in and for the County of New York,

The report was accepted and the resolution unanimously adopted.

Refund of $10 to William Bischan, Being Amount Paid in Error for Stoop

Stand Fruit License. The Deputy and Acting Comptroller presented the following report and offered the following resolution:

September 8, 1916. Hon. Commissioners of the Sinking Fund:

Gentlemen-Application has been made by William Bischan, of 243 East 13th Street, Borough of Manhattan, for the refund of $10 on "Stoop Stand-Fruit" license No. 7104, Document No. M-20228 issued on June 15, 1916.

It appears that the license was issued by the Department of Licenses in error as the applicant applied for a soda water stand license, and the license issued to him restricted him to the sale of fruit only. This restriction is in accordance with the amendment to the stand ordinance which became effective July 13, 1916, restricting the sale of soda water and other articles to stands licensed and in effect on May 18, 1916.

The applicant, William Bischan, surrendered this license on observation of the restriction to the Commissioner of the Department of Licenses, who certifies that an investigation by an inspector of the Department of Licenses fails to show that the applicant operated the stand prior or subsequent to the issuance of license.

In view of the foregoing the Commissioner of the Department of Licenses recommends that the sum of $10 so erroneously paid be refunded.

The amount paid has been deposited in the Sinking Fund for the redemption of City Debt No. 1. Attached hereto is a resolution for adoption. Yours very truly,

E. D. FISHER, Deputy and Acting Comptroller. Resolved, That a warrant payable from the Sinking Fund for the Redemption of City Debt No. 1 be drawn in favor of William Bischan in the sum of ten dollars

($10), refunding him that amount paid in error for “Stoop Stand, Fruit" License No. 7104, Document No. M20228, issued on June 15, 1916.

The report was accepted and the resolution unanimously adopted.

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