HomeMy WebLinkAboutTR-61-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE j -`
File# �
Date: September 5, 1995 Res.
By-Law#
Report#:__.�._6roc__..__ File#`:
Subject:
Newcastle Hall Board - Montague Trust Grant Allocation $2,000
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. That Report TR-61-95 be received,
2. That the Newcastle Hall Board be granted a further$3,000 (in addition to the $2,000
allocated during the 1995 Budget deliberations) from the Montague Trust Reserve
Fund to reimburse the Hall Board for the purchase of a stove,
3. That the Members of the Newcastle Hallboard Committee be advised of Council's
decision.
Background:
I
1.0 Direction:
1.1 Council directed at the July 17,1995 meeting, through resolution#C-553-95, that the
Treasurer report on the issue of a withdrawal of $2,000 from the Montague Trust
Fund. The resolution refers to a "Massey Trust Fund", however it is the Chester
Daniel Massey indenture or will that dedicated the land and buildings to the
community. The correct reference is to the Montague Trust Reserve Fund.
2.0 The Chester Daniel Massey Indenture•
2.1 The Massey indenture of 1923, (copy attached as Attachment# 1) dedicates the land
and buildings to the citizens of the Village of Newcastle for use as a "Community
Hall". It also provided that the building be kept in repair by the municipal
corporation.
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7 O 1 PPG Eo PAP,Ea
R RE
iH 6 PR•MEOON REGVClE0 PAPER
TR-61-95 Page 2
2.2 The indenture states that all revenue generated from the hall is to be used for
operating expenses.
2.3 According to the indenture any surplus remaining after the operating expenses have
been paid is to be turned over to the Municipality. The Municipality is then to set
up a fund with this surplus and the funds are to be used for equipping, improving or
repairing the building, in other words, for capital purposes. There is no evidence of
any surplus funds ever being turned over to the Municipality, and as a result no
reserve fund was established as identified here.
2.4 The indenture provides that if the revenue generated by the Hall is not sufficient to
allow the operating or maintenance of the Hall for the intended use, the
Municipality is responsible for the deficiency.
3.0 The Thomas Montague Trust
3.1 The last will and testament of Thomas Montague in 1928 (copy attached as
Attachment# 2), provided $10,000 to the Municipality. This principal amount was
to be kept invested and the annual income derived from the investment paid in
perpetuity to the "Municipal Council" for the " use and benefit" of the Community
Hall in Newcastle Village.
3.2 The$10,000 principal was invested by the Municipality, and a reserve fund called the
Montague Trust (Newcastle Hall) Reserve Fund reflects this investment and
accumulated interest. The balance in the reserve fund at July 21, 1995, including the
principal amount, is $29,243.
4.0 The 1995 Budget
4.1 The 1995 budget submitted by the Newcastle Hall Board ( copy attached as
Attachment # 3), was not in the form of a normal grant request application. As a
result no operating funds were considered necessary at that time.
4.2 However, Budget Resolution # GPA-216-95 provided that a grant in the amount of
$2,000 be approved from the Montague Trust Fund. The amount of the grant was
to cover the cost of chairs as identified on the capital expenditure portion of their
budget submission.
5.0 1995 Grant Requirement
i
5.1 On July 17, through resolution #C-552-95 Council approved an operating grant of
$10,000 for the Newcastle Hall Board.
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i
702
TR-61-95 paw
5.2 The Hall Board is requesting a capital grant of $3,000 from the Montague Trust
Fund. This amount, when added to the $2,000 previously issued, will cover the
$5,000 cost of a stove for the Hall also identified on the 1995 budget submission.
The cost to repair the chairs was covered from the normal operating expenses and
is therefore not being requested as a capital grant.
Respectively Submitted, Reviewed by,
A. Marano, H.BSc.,A.M.C.T. W.H. Stockwell,
Treasurer. Chief Administrative Officer
ATTACH:
MAM/pp
703
I1V� VI 'WII&WYInI 11e VIII VII I I I IV VV 1 1. 111 1
® ATTACHMENT #1
v�
THIS INDENTURC made tho 30th day of July in the year of our Lord
One Thousand nine hundred and twenty-three
BF,TWEEN:
CHESTER DANT61, MA$SEY of the City of Toronto
in the County of York, Manufacturer
OF THE FIRST PART
and
THE CORPORATION OF THE VILLAGE OF NEWCASTLE
OF THE SECOND PART
WHEREAS the party of the Second Part is the owner in fee simple of
the lands hereinafter particularly described %and the part of the first Part
has erected a building thereon which is adapted for the holding of public
and other meetings and the said parties desire the said lands and buildings
to he devoted to such uses as will cultivate and promote among the citizens
of the Village of Newcastle an interest in education and good citizenship,
1 temperance and health, music and the drama, patrotism, public welfare and
religion,
NDW THIS INDfNTURl: WITNFSSGTH that in consideration of the promises
and the sutra of one dollar of lawful money of Canada paid by the party of the
Second Part to the said party of the First Part (the receipt whereof is hereby
him acknowledged) he, the part of the First Part hath bargained, sold, assigned,
transferred and set over and by these presents doth bargain, sell, assign,
transfer and set over to the party of the Second Part, its successors and assigns,
the building now erected on all and singlular those certain parcels or tracts of
land and premises, situate lying and being in the Village of Newcastle in the
County of Durham, and being composed of a part of original township lot #?8 in
the socond concession of the Township of Clarke, in the County of burham, described
as follows; All those parts lots 2, 3, and 4, in Block A as shown on the plan
Of the Village of Newcastle on file in the Registry Office for the Rcgistry
Division of the West Riding of the County of Durham and on the north-west
corner of King and Mill Streets, owned by the Corporation of the Village of
Newcastle, upon the trusts and subject to the powers and. provisions hereinafter
expressed and contained,
TO HAVE AND TO HOLD the said hereinbefore assinged building and every
of them and every part thereof with the appurtenances and all the right, title
and interest of the said part of the First Part thereto and therein, unto and to
the use of the part of the Second Part, its successors and assigns to and for
their sole; and only use forever upon the trusts and subject to the provisions
following;
1. The name of the building now erected on the said lands and
any building that may be hereafter erected in substitution therefor,
Shall be and remain "Community Hall".
2. The said Building shall be kept in repair by the partyof the Second
Part and the responsibility for tho maintenance of the said building
in a propel, state of repair is assumed by the Corporation of the
Village of Newcastle,
704
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3. The said building shall be insured for at least seventy-five
percent of its full insurable value and the responsibility for
the maintenance of said insurance and the payment of preiniuins
in respect thereof, shall be borne by the part of the Second Part.
1. Those portions of said building designed and intended for the use
of the Post Office, Library and Reading Room and the Free Masons
Lodge Room, shall be placed under leases to the part of the Second
Part; the rates of rental and the periods of occupancy to be arrived
at by negotiation between the parties interested and the party
of the Second Part,
5, The Council Chamber and Lock-up Rooms shall be under the absolute
control of the party of the Second Part,
6, The great Hall and the room below shall be used for sucl; purposes as
shall in the ,judgment of the Management Committee, Av outlined below,
lend to the advancement of the community in education(?) and knowledge
of the arts, in particular music and the drama, the promotion of the
cause of health and temperance, the cultivation of good citizenship
and patriotism, the encouragement of recreation and -the promotion
of public welfare and religious work, and for the holding and giving of
public and other meetings and entertainments which may be consistent
with any of the said purposes.
7, The Management Committee shall fix the prices for the use of the Hall
and other parts of the building not under regualr rental by the Council,
B. All moneys received by the Management Committee from time to time from
or in respect to any portion of the building under their control,
shall be applied and expended.
(a) In payment of the actual running expenses of said portions
of the building, such as heating lighting and ,janitor service.
(b) Any surplus remaining in their hands after payment of the
actual running expenses of the property, shall be turner)
over to the part of the Second Part for the, formation of a
fund which shall from time to time be used as may be necessary
or desirable by the part of the second Part: for rebuilding,
repairing, re-fitting, improving or further equipping the said
building and premises so as to keep them from time to time
well and thorougly adopted for fulfilling the purposes
hereinbefore set out.
(c) The Management Committee shall have absolute control of the
Management of the Hall and the room below, and shall be
entitled to employ such other assistance wi they may deem
proper or necessary to keep the Hall clean and in good
705
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condition, and may also employ ushers and suitable
attendants and the expenses to incurred shall be deemed
a part of the running expenses, If at any time for any cause or
reason the receipts from the Hall or rooms downstairs shall not
be sufficient for its proper maintenance and use for the purposes
aforesaid then in that case the party of the Second Part shall be
responsible for usch deficiency.
The Management Committee shall be composed as follows;
(1) Two men and one woman appointed by the Council from among
the citizens of the Village of Newcastle.
(2) Two members, one of them a man and the other a woman, to be
elected from among the people of the Village of Newcastle at
a meeting of the citizens of the Village called for that purpose.
Every member of the Management Committee shall hold office for two years
from the date of his appointment by election and until his or her successor
is appointed or elected.
The three members appointed by the Council of thR part of the Second Part
during 1923 shall hold office for one year from date of appointment and until
his or her successor is appointed.
IN WITNESS WHEREOF the parties have hereunto set their hands and seals.
SIGNED, SEALED AND DELIVERED
in the presence of C. D. MASSEY
R. S. Burns, as to C. D. Massey
H. C. Bonathan as to J. A. ButlRr J. A. BUTLER M.D.
signature Reeve
706
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[ I) --• ATTACHMENT #2
CANADA C f�
1jr1illiiirr of Uittariv a l•;.,���-
oaf
Of 11jr 1Illitrb Crrailliira Df 111ri1;ulllUrrlanil alil� i71zrl�c�111
L' it Xit-oluli that an the Thirtieth, day of May , in
the year of our Lord one thorsa <l nine hundred and tvae�nty—eight;
ane
�'V40 Codicils here 0 ,
yob� c:1jr laat RIM illltb c;ral,lmrltt,of Thomas hiontaeTue ,
late of the Village of Newcastle , in the County of
• Durham, '
—.., in the Province of Ontario,
Gentleman, deceased, who died on or about the twenty—fourth,
day of liar in the year of our Lord one thousand nine hundred acid
twenty—eight, at the Village of Newcastle ,
in the Comely of Durham,,
and it.-ho at the time of It i4leatIt had a fixed place of abode at the Village Of Newcastle ,
in the said County of Durham,
zeas proved acid registered in the suid Surrogate Court
UATn a lr:ie copy of which said last Will and 1'estuntent and two C odic ils thereto ,
� �icreunto anuexcd and that the 6d2uinistration of All and Singular, the property of the said deceased,
s .�00 00 and any way concerning 7t isht'ill and two Codicils ,
?........Q.a.... was
granted by the aforesaid Court to
The Toronto General Trusts Corporation, of the City of Toronto
. in the County of York,
the ExecutorSnamed in the said lVill they
y having been first su)a.n well and
fuithftMi o till 6171 jl&jj)� c by payi;tg the just debts of the deccused, and the Legacies conta.incl in
his Will so far as 1 the 1
y are
t cep canto bound by Law and by distributing
the residue (if anrp) of the Property aecorditlg A) Law, and to exhibit under oath a true and perfect Ili-
ventory of :lll and .tiingulur the suid Prop uty and to render a just awl full account of their
Exccut Orship when thcreunlo lawfully rcquirrd.
Lawrenee Vinc c.lt O'Connor ,
l'` li'itncss Il is llonottr �t-1�� _
T of thy: said Surrogate Court at the 1'ou•It of Cobottrg, iii the United Cvuutics of A'o:clear,_
rberlaitd and Durham, the du;i atud year first above written.
;lt?1 the Court
y ,
708 0
ms's Lirtl?t;ti'UI'.
v V
THIS IS THE LAST JILL AND TESTAMENT of me , THO1,,AS
MONTAGUE , of the Village of Newcastle , in the County of
Durham and Province of Ontario , Gentlerzan , made this
day of yay, in the year of our Lord, one thousand nine hundred-
and.
undredand twenty-two.
I HEREBY REVOKE all Wills and Testamentary Dispositions
by me at any time heretofore made and declare this only to be
my last Will and Testament.
I HEREBY appoint TIE TORONTO GENERAL TRUSTS CORPORATION
to be the Executors and Trustees of this my Will.
I DIRECT my Executors to pay from and out of my estate ,
• F
as soon after my decease as may be convenient , all. my just
debts , funeral and testamentary expenses , as well as succession
duties , if any , which may be assessable or chargeable against
any gift , devise , bequest or legacy herein provided for, as it ,
is my intention that all of such shall be paid free of succession
duty.
I GIVE DEVISE AND BEQUEATH all my estate , real and personal,
of every nature and kind and wheresoever situated , unto my said
Trustees to hold upon the following trusts of and concerning the
same , namely:-
TO
amely:-TO sell , call in and convert into money all of my estate not
consisting of ready money, at such time or times , in such manner ,
for such price or prices and upon such terms and conditions as my
Trustees in their absolute discretion may deem to be in the best
interest of my estate , with-power to postpone the conversion of ,
same for such length of time as my Trustees shall deem advisable
without incurring liability by so doing. Provided however that
with respect to my Farm of about fifty acres in the Township of
Clark, now in the Village of Newcastle , that in case I shall i'_ot
have sold said property in any lifetime , it is my wish that in
case dilliam Lake , the Tenant of my Farm at the date of this my
Will , , shall be the Tenant thereof at the date of my death , that
709
he shall have the first option of purchasing same from my
Trustees and if he
-2-
should desire to make such purchase I authorize my Trustees
to accept from him as the purchase price of said Farm the
sum of Two thousand five hundred dollars 02500.00) ,which
sum in my judgment will give him a preference as to price ,
and which preference I desire he shall have on account of
an association covering such a long period of years , but in
the event of the said William Lake not desiring to become
upon
the purchaser of the said property/the terms aforesaid, then
in the conversion of same the said sum of Two thousand five
hundred dollars is not to be considered by my Trustees as
the market value thereof.
TO set aside the sum of Four thousand dollars
04000.00 ) and to invest and keep same invested and the net
annual income derived from such investment to pay in
perpetuity to the Rector and Church Wardens of St. George' s
English Church in the said Village of Newcastle , to be
utilized by the ' said Rector and Church Wardens for the time
being in and for the maintenance , upkeep and general purposes
of .the said Church, as the said Rector and Church Wardens
from time to time shall decide.
TO set aside the sum of One thousand dollars (�I000. )
and to invest and keep same invested, and the net annual
income derived. from such investment to pay in perpetuity to
the Rector and Church �I'arcdens for the time being of the said
St. George' s English Church in the said Village of Idewcastle ,
to be utilized by the said Rector and Church Wardens for the
time being in and towards the upkeep of St. George' s Cemetery
on the Kingston Road in the Township of Clark , in the Province
of Ontario , but in particular and as a first and prior charge
thereon, in the upkeep of the MontaE-,ae Plot in said Cemetery
710
,
and of the Monument thereon erected. Surplus annual
income not so required in connection with the said Plot
and Monument may then be devoted to the said upkeep of the
Cemetery. I hereby entrust the duty of the upkeep of the
said Plot and Monument to the said Rector and Church
Wardens for the time being.
i
I HEREBY DECLARE that the receipt of the said Rector ,
-3- �
and Church Wardens for the net annual income so aid to them
C p
whether in connection with St. George' s Church, as aforesaid,
i
or in connection with the said St. George' s Cemetery , as
i
aforesaid, shall be a sufficient discharge to my said
Trustees who are not called upon to see to the application
thereof, but nevertheless after the first payment of said a
net annual income to the said Rector and Church Wardens for i
1
either the above respective purposes , before any subsequent {
payments shall be made out of said income to said Rector and
Church Wardens in connection with such respective purposes ,
they shall furnish to my Trustees a report under their hands
sheaving the expenditure made by them of the said respective
income for the previous year.
I
TO pay to the Hospital for Sick Children, College '
Street , Toronto , for the purposes of said Hospital , the sum
of Ten thousand dollars (�'IO ,000.00) without interest ;
thereon. The receipt of the proper Official of the said
Hospital for said sum of money shall be a sufficient discharge
to my Trustees who are not called upon to see to the applicat-
ion thereof. '
TO sot aside the sum of Ten thousand dollars and to ;
and interest thereon, if any , t
hold same;for thepurposes of the Bow'manville General '•
Hospital , and to pay same to such Official or Officials of ;
the said Hospital in such amounts and at such times as the �
t
Board of Trustees or the Board of Management of the said
7 1 1 ':
Hospital shall by resolution from time to time direct. A
copy of such resolution from time to time so passed , certified
by the proper Official or Officials of the said Board of
Trustees or Management , shall be sufficient authority to my
Trustees to make such payment or payments , and the receipt of
such Official or Officials so named shall be a sufficient
discharge to my Trustees who are not further called upon to
see to the application thereof.
TO set aside the sum of Ten thousand dollars (�I0 ,000 )
and to invest and keep same invested, and the net annual income
derived from such investment to pay in perpetuity to the
Municipal i
_4_
Council . of the Village of Newcastle , to be applied by such
Municipal Council -for the use and benefit of the Community
Hall in the said Village of Newcastle. The receipt of the
Treasurer for the time being of the said LIunicipal Council
for the said yearly income shall be a sufficient discharge to
my Trustees , who are not called upon to see to the application
thereof,
TO set aside the sum of Five thousand dollars 05000.00)
and to invest and keep same invested, and the net annual income
derived therefrom to be paid in perpetuity to the Trustees of
the High School (not Separate School) of the said Village of
Newcastle , to be used by them for the purpose of providing for
two Scholarships to be awarded in each year to two pupils , one
a male pupil and the other a female pupil , who shall obtain the
highest number pf marks in the e-xa.mination for his or her final
or graduating,:year in -said School. The decision of the Principal
for the tiL:e being; of the said School as to the male and feu,ale
entitled to such Scholarships shall be final and conclusive and
not open to question.
• WITH respect to. all the rest , residue and .remainder of
712
my estate , of every nature and kind, I direct my Trustees to
divide same into three equal parts and said respective parts
to distribute as follows: -
TO pay one of such parts to the Hospital for Sick
Children, College Street , Toronto , to be used for the objects
and purposes of said Hospital.
TO pay one of such parts to the Board of Trustees or
Board of 11anagement , as the case may be , of the said Bovimanville
General Hospital , to be used for the objects and purposes of
said Hospital.
AND to pay the remaining one of such parts to the
Municipal Council of the said Village of Nevicastle , to be
used by said Council for the objects and purposes of the
said Community Hall in the Village of Newcastle .
e
The receipt of the proper Official of each of the
respective
d
-5- i
Charities for the above respective shares shall be a sufficient
i
discharge to my Trustees , who are not further called upon to
see to the application thereof.
IN WITNESS WHEREOF I have hereunto set my hand the day
and year first above written. i
SIGHED PUBLISHED AND DECLARED )
by the said Testator , . THOU&S )
MONTAGUE, as and for his last )
�Will and Testament , in the pres- "Sd" . Thos 1donta du.e
)
once of us both present at the )
same time , who at his request , )
in his presence and in the )
presence of each other have )
hereunto subscribed our names )
as witnesses. r
) 8 �
"Sd" . J . Scott Howard- 7 13
THIS IS A CODICIL TO THE LAST WILL AND TESTA ENT
of me , THOMAS 11ONTAGUE , ,of the Village of Newcastle , in the
County of Durham and Provincs of Ontario , Gentleman, which
said last ',gill and Testament .bears date the blank day of
Jay, one thousand nine hundred and twenty-two , but which
Will was executed on or about the Eighth day of May, one
thousand nine hundred and twenty-two.
I HEREBY DECLARE that the date of my Will above
mentioned., which is blank, shall be the Eighth day of Yay,
one thousand nine hundred and twenty-two.
I DIRECT my Executors to assign, transfer and convey j
to CLARA ELIZABETH HO'.JARD, my motor car, and to assign, transfer �
and convey to the said CLARA ELIZABETH HO'I;ARD, my house and
contents and the six lots in connection with my house , in the '
Village of Newcastle , for her own absolute use . I
f
I DIRECT my Executors to turn over for his own absolute
I
use , to ALLAN HOWARD, five hundred 'dollars 0500.00) of my
i
bearer bonds , and to also turn over to SALOME 110'YI.ARD, for her
own absolute use , a further five hundred dollars 0500 .00 ) of
my bearer bonds.
I FURTHER DIRECT my Executors to pay to ALICE GRANDY
of GLENS FA_1LS , New York , United States of Lmerica , the sum of
five hundred dollars ($500.00 ) for her own absolute use.
IN ALL OTHER RESPECTS I hereby confirm my said Will.
IN WITNESS HEREOF I have hereunto set my hand the
thirteenth day of October, in the year of our Lord, one thousand-
nine
housandnine hundred and twenty-four.
SIGNED PUBLISHED A'VD DECL.�JED by
the said Tdstator , THOY1AS 11ONTAGUE , ) "Sd" . Thos L.onta,,ue
as and for a Codicil to his last )
Will and Testament , in the presence 1
of us both present at the same. time , })
)
who at his request , in his presence )
and in the presence of each other
714
have hereunto subscribed
our names as witnesses. j
"Sd" . J. Scott Montgomery
"Sd" . John I. Bradley
Registrar.
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This is a second codicil to the last Will and Testament
of me Thomas Montague of toe Village of Newcastle in the
County of Durham and Province of Ontario , Gentleman which
said last Will and Testament bears date the blank day of
May one thousand nine hundred and twenty two , but which
was executed ori or about the eighth day of May one thousand
nine hundxed and twenty two.
In a first codicil to my said Will which Codicil is
dated the thirteenth day of October nineteen hundred and
twenty four, there are certain benefits in favour of Zrs.Clara
Elizabeth Howard, of the said Village of Newcastle and I hereby
Will and direct my said executors to give out of my Estate to
the said 1- rs Clara Elizabeth Howard, in ad.dition to said
benefits , the following: a cash legacy of five thousand. dollars
(�5pOO.xx) and a parcel or tract of vacant land lying accross
the road just south of my present residence in Newcastle , which
said parcel or tract of land contains .ten lots and is known as
block number twenty two , this block contains two acres.
In all other respects I hereby confirm my said Will and
Codicil
Dated at Newcastle Ontario this twelfth day of Yarch
nineteen hundred and twenty eight.
Signed published & declared by )
the said Testator, Thomas 1.1ontague )
as and for a second Codicil to his )
last Will and Testament , in the "Sd" . Thos ldontague
presence of us both present at the )
same time who at his request, in )
his presence and in the presence of )
)
each other have hereunto subscribed
our names as witnesses. )
"Sd" . Edward R Jamea )
Rector , Newcastle Ont
"Sd" . C .1111 . Simmonds ¢
253 Bay Street
Toronto 7
Registrar.
S / A
lin the �5urrO(Pte Court
IN THE ESTATE 07'
..la.te...Of...thE)
Newcastle.,................. r`
Gentlem�n deceased
TSI 15a e
. .. . Stamps and Fees ,�.:I�.�.•
a..Pa i,d........
REGIST
�7, . . . . ..
SCHEDULE B
Assets of Thomas Montague Estate
Community Hall of Newcastle Trust
(as at April 18, 1983)
Assets Market Value
93 Units Common Trust Fund - Bonds $9,739.89
Capital Cash 25.97
TOTAL $9,765.86
JD:tt/4380a/3
718
M
NEWCASTLE COMMUNI`T'Y MALL BOARD RECEIVED FqR INFORMATION AT THE
COUNCIL MEETING HELD ON
1995 BUDGET MARCH 13, 1995
INCOME
ATTACHMENT #3
Masons $ 2400
Lions 1800
Seniors 750
Fiddlers 1260
Bowling Alley 1400
Optimists 250
Pentecostal Church 2400
Horticultural Society 50
YWCA 1100
Family Connection 3700
Small MIracles 2500
Chamber of Commerce 90
H. Clark 500
Tops 500
Casuals 23000
Bank Balance
Municipal Grants 2610C
TOTAL 67800
EXPENSES
Salary
Fulltime $15000
Parttime 7500
Benefits 4200
Supervision 2000
Office 500
Heat 5000
Power 7000
Water & Sewage 700
Supplies 1500
Snow Removal 500
Dmage Deposit 1500
Telephone 700
Repairs & Maintenance 4000
Capital Expenditures 17500
Bank Charges 200
TOTAL 67800
Capital Expendditures ;
Stove $ 5000
Auditorium 10000
Chairs 2000
Ceiling 500
TOTAL $17�0
719