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Minutes 1902/10/09U C-i pL/c�f�� -vim. is a. c 7 `1l � C L�7 "�J�r� � Cm � G v AL i. may° 9 z t� 7e��7 NOTICE OF Special Election d RESOLUTION, Giving Notice of Spe- cial Election of the City of Gilroy; of the submission at said election to the acceptance of the legal voters of said city, the proposition of incurring a debt by said city of Fifteen Thousand Dollars, for the acquisition, construc. tion and completion therein of a per- manent system of municipal gasworks, to be owned and controlled by said city. BE IT RESOLVED, by the Mayor and Common Council of the City of Gilroy, as follows; and it is hereby found, considered and determined by said I lyor and Common Council: That on the 22nd day of Septbmber, A. D., 1902, said Common Council oy vote of more than two- thirds of all its members, passed the Ordinance of said City of Gilroy, Number 14 en- titled: "An Ordinance calling a special elec- tion in and for the City of Gilroy; sub- mitting to the qualified voters of said City, at said special election, the pro- position to incur a municipal debt, ag- gregating fifteen .housand dollars, to be paid by said City of Gilroy for the object and purpose of acquiring, by purchase, construction and completion, ei permanent system of Gas - works, to be located in °and owned and controlled by said Ci y of Gilroy, consisting of rill ihstt portion of Lott, in Block 1, S. _R. 1 E., in said City of Gilroy, State of California, and the improvements thereon, consisting of houses, build- ings and structures, wi h retorts, re- ceivers, main and distributing pipes, .,nd other devices constituting the complete' gas works note, owned and controlled by the "Gilroy Gaslight and Fuel Company," a priva e corporation under the laws of the State of Califor- nia, and street niajn extensions, meters, and services to be hereafter added thereto to nianufac ure and distribute gas for the purpose of lighting and to light said City of Gilroy, and to fur- nish an adequate supply of gaslight and heat for the domes le uses of its inhabitants; which proposed gas - works, will require an expenditure greater than the amoun, allowed for such improvements by the annual tax levy of said City, find he cost thereof gill be too great to be paid out of the ordinary annual income and revenue of said City; and providing for the issuing of bonds of said city, for said airount if said proposition be accepted by the qualified voters of said city of Gilroy. as required by law; and pre- scribing the time and manner of hold -r, ing said special election and voting for or against the proposition to incur said debt; and otherwise providing for, zurd regulating, said election." And, did, in and by said Ordinance, call a special election in and for said city of Gilroy, to be held on the 27th flay of October, 1902, and submit to the electors of said city of Gilroy the pr'oposi. ion of Incurring a debt in the ;nnount and for the objects and pur- iroses aforesaid; to be voted upon at said special election as aforesaid; and that the said ordinance, Number 171, was after the approval t hereof by the ?xecutive of said city, , to -wit, the ]4ay01' of said city, pursuant to the uirections con ained in said ordinance, published for two corisecutive weeks, that is -to say, on the 24th day of the month of September and the 1st and 8th days of the month of October, 1902, in "The Telegram," a newspaper of general circulation, printed and pub- lished weekly in said city, said days and times of publication being as often as said newspaper was regularly issued during the period from and in- cluding the 24th day of September and the 8th day of October, 1902: That the following notice of said special elec ion, so ordered and called by said Ordinance, Number 171, to be held in said city of Gilroy on the 27th day of October, 1902, is now after the completion of the publication for two consecutive weeks, of said Ordinance Number 171, established as the notice to be given of said .election; and said notice is hereby required to be pub- lished for two consecutive weeks in the "Gilroy Gazette," a newspaper of general circulation, printed and pub- lished weekly in said city of Gilroy, and he City Clerk is hereby authorized and directed to cause said notice to be so published. The notice hereby pro- vided, established and required to be published is in words and figures, as follows: Notice of Special Election., To the .legal voters of the City of Gilroy, the Common Council of the city of Gilroy hereby gives notice that a special election has been regularly ordered and called by ordinance duly passed by this common Council, certi- fied by its Clerk and approved by the Mayor of said city, and duly published for two consecutive weeks, in a news- paper of general circulation, printed and published weekly in said city of Gilroy, as by law is required, and said special election will be held in said .city of Gilroy on MONDAY, the 27th DAY OF OCTOBER, 1902, at which special election there is submitted to the qualified voters of said city of Gil- roy, to be voted upon at said special' election, as hereinafter provided, the proposition of incurring a debt amount- ing to Fifteen Thousand Dollars, by said city of Gilroy. The objects and purposes for which said indebtedness is proposed to be by said city of Gilroy are the acquisition, construe. ion. and completion of said permanent system of gas -works above herein and in Ordinance Number 170, contemplated, including all necessary lands, buildings, s ructures , retorts, receivers, main and distributing pipes, meters, services and other devices, to furnish gas for the purpose of lighting and to light said city of Gilroy, and to furnish an edequate supply of gas- light and heat for the domestic uses of the inhabitants thereof; and to per- form all acts necessary to acquire the Gas -works now owned and controlled by the "Gilroy Gaslight and Fuel Com- pany," a private corporation organ- ized under the laws of California, to construct, complete and adapt said system of Gas -works aforesaid to fur- nish to said city of Gilroy and to its inhabitants, through all time, an ade- quate supply of gas for all public uses and purposes herein expressed and contemplated and as by Ordinances of said city, Numbers 170 and 171 was before determined. The polls of said election shall be and remain open from sunrise of the said 27th day of October, 1902, to the hour of six o'clock in the afternoon of said day, when the polls shall °be closed. Bonds of said city of Gilroy of the character of bonds known as "serials" to the aggregate amount of Fifteen Thousand Dollars will be issued to pay the cost of the acquisition, construc- tion' and completion of said system of. Gas -works as set forth in Ordinance Number 170, of said city, passed Sep- tember 5, 1902, by this common council and approved by the Mayor of said city; September 5, 1902; if the proposi- tion to incur said municipal indebted- ness by said city, be accepted by the qualified voters of said city, at said special election. The day, month and year of pay- ments of said bonds and of coupons at- tached and issued therewith for in- terest thereon shall be expressed in each bond and coupon; and said bond, and coupons shall be made and be pay- able at the office of the City Treas- urer, in the city of Gilroy, and shall be issued and made payable in gold coin or lawful money of the United States, in the manner following: One - fifteenth part of the whole amount of said indebtedness so in- curred, together with the annual in- terest at the rate of five per cent per annum on all unpaid sums thereof, shall be payable each and every year, on a day in each year and at a place to be fixed therein, by the Common Coun- cil of said city, until the whole amount of said indebtedness shall have beer paid, the interest thereon to be payable semi- annually. Said bonds shall be of the denomina- tion of $500 each and shall be num- bered consecutively from one to thirty, both inclusive, divided into fifteen eeries, the Series also to be numbered consecutively from one to fifteen both inclusive. Each series shall con- sist of two bonds. Two separate cou- pons shall be attached to every bond for each and every year such bond is to run, which coupons shall be num- berzd consecutively from one up to and including the coupons for the last year each such bond is to run. The odd numbered coupons must be drawn for the payment of the first half and the even numbered coupons for the payment of the last half of the year's interest such coupons are drawn to pay. The first two coupons, coupon No. 1 and coupon No. 2 of each bond, shall be drawn to pay the first year's interest; and in the ascending scale of the numbers of coupons attached to each bond, in regular order and suc- cession; each two higher numbereid coupons shall be drawn for the pay- ment of interest for the year succeed- ing that for which the two next lower numbered coupons are drawn to pay on the same bond. Each coupon must be signed by the City Treasurer. Each of said bonds shall therein be made payable, and shall be payable at the office of the City Treasurer of said city of Gilroy, in said city of Gilroy, on the first day of May of the year the same is to be finally paid and redeemed. Said bonds shall be signed by the "Mayor of the city of VWroy" and by the "City Treasurer of the city of Gil- roy," and countersigned by the "City Cleric of the city of Gilroy," and shall have the corporate seal of the city of Gilroy thereto affixed. The bonds num- bered respectively No. d and No. 2 shall constitute the first series and each succeeding series shall include in regular succession of series the two bonds numbered consecutively after those'included in the next preceding series. The bonds of the "first series" shall be made payable on the first day of May, A. D.- 1904, and shall have two coupons attached to each numbered re- spectively coupon No. 1 and coupon No. 2. Coupon No. 1 ,,hall be made payable on the first day of November, 1903, and coupon No. 2 on the first day of May, 1904. Bonds No. 3 and No. 4 shall constitute the second series and have attached four coupons to each bond, and must be.made and be payable on the first day of May, 1905. Bonds No. 5 and No. 6 shall constitute the third series and have six coupons attached to each bond, and said bonds must be made and be payable on the first day of May, 1906, Bonds No. 7 ;rnd No. 8 shall constitute the fourth series and have eight coupons at- tached to each bond, and said bonds must be made and be payable on the first day of May, 1907. Bonds No. 9 ;and No. 10 shall constitute the fifth series and have ten coupons attached to each bond, and said bonds must be made ana be payable on the first day of May, 1908. Bonds No. 11 and No. 12 shall constitute the sixth series and have twelve coupons attached, to each bond, and said bonds must be made and be payable on the first day of May, 1909. Bonds No. 13 and No. 14 shall constitute the seventh series and have fourteen coupons attached to each bend, and said bonds must be made, and be payable on the first day of May. 1910. Bonds No. 15 and No. 16 shall constitute the eighth series and have sixteen coupons attached to each bond. and said bonds must be made and be payable on the first day of May; 1911. Bonds No. 17 and No. 18 shall constitute the ninth series and have eighteen coupons attached to each bond and said bonds must be made and be payable on the first day of May, 191.2. Bonds Nb. 19 and 20 shall con- stitute the tenth series and have twen- ty coupons attached to each bond, and said bonds must be made and be pay - able on the first day of May, 1913. Bonds No. 21 and No. 22 shall consti- tute the eleventh series and have twenty -two coupons attached to each bond, and said bonds must be made and be payable on the first day of May. 1914. Bonds No. 23 and No. 24 shall constitute the twelfth series and have h enty -four coupons attached to each bond, and said bonds must be made and be payable on the first day of May, 1915. Bonds No. 25 and No. 26 shall constitute the thirteenth series and have twenty -six coupons attached to each bond, and said bonds shall be made and be payable on the first day of May, 1916. Bonds No. 27 and No. 28 shall constitute the fourteenth series and have twenty -eight coupons -at- tached to each bond, and said bonds shall be made and be payable on the first da*y of May,' 1917. Bonds No. 29 rind No. 30 shall constitute the fifteenth series and have thirty coupons at- tached to each bond, and said bonds shall be made and be payable on the first day of May, 1918. The annual ttix levy for the pay- ment of said bonds and interest shall be sufficient to pay one- fifteenth of the whole indebtedness incurred for the objects and purposes aforesaid, and of the principal the whole amount of bonds issued therefor, to- gether with the accrued inter- est on all unpaid sums thereof, and the amount of the tax levy to be. made for the payment thereof shall he as folows, to wit: 1 , First year ....... .......$ 1,750 00 Second year ............ 1,700 00 Third year .............. 1,650 00 Fourth year ............. 1,600 00 Fifth year ........ ...... 1,550 00 Sixth year .............. 1,500 00 Seventh year .......... 1,450 00 Eighth .year 1,400 00 «Ninth year ............. 1,350 00 Tenth year ............. 1,300 00 Eleventh year ........... 1,250 00 Twelfth year ........... 1,200 00 Thirteenth year ......... 1,150 00 Fourteenth year ........ 1,100 00 Fifteenth year .......... 1,050 00 The aggregate tax levy for the fif- teen years being $21,000.00. The ballots which shall be used at said special election shall be of the same character and form of ballets regµired by law to be used at mu- nicipal elections of said city of Gilroy, except as otherwise hereinafter pro- vided. -Each of said ballots shall have printed thereon the following caption or heading, towit: "Municipal Ticket," under which shall be printed the name of the municipality, "City of Gilroy," and raider the said name, the following words, towit: "Proposition of incurring a debt, by the city'of Gilroy, to the ag- gregate amount of fifteen ($15,000) dol- lars, to pay for the cost of the acquisi tion, construction and completion, by the city of Gilroy, of a permanent sys- tem of gas works, including all neces- sary lands, buildings, structures, re- torts, receivers, main and distributing; pipes, meters, services and other de- vices connected with the use thereof, as set forth in Ordinance No. 170, of said city, to furnish to said city and its inhabitants an "ample supply of gas for lighting and heating purposes." Underneath the last foregoing words. upon each of said ballots shall be print- ed the following words, "To vote for or. against incuring indebtedness, stamp a cross (X) to the right of and against the answer you desire to give," and un- derneath which shall be printed in one line the following: "For incurring tha indebtedness," to the right of which shall be printed in one square the word "Yes," with a blank square to the right thereof, and immediately below the same there shall be printed, in one line, the following: "For incurring the in- debtedness," to the right of which there shall be printed, in one square the word "No, '4 with a blayfk square to the right thereof. Every voter desirng to assent to and accept said proposition, for incurring said indebtedness set forth herein, shall in voting at said special election, stamp a cross (X) in the blank space to the right of the word "Yes," printed upon his ballot as aforesaid. And ev- ery voter desiring to reject said propo- sition for incurring said indebtedness, shall in voting at said special election shall stamp a cross (X) in the blank to the right of the word "No," printed upon his ballot as aforesaid. One election precinct is hereby es- tablished for said special election and the boundaries thereof shall be the cor- porate limits of said city of Gilroy, and every legal voter of said city shall be entitled to vote at said precinct at said special election. The place of voting at said special election shall be in the City Hall on Fifth street, between Mon- terey and Eigleberry streets in said city and the officers to conduct said special election are hereby appointed as follows, towit: Judges —H. D. VanSchaick, J. J. Dor land. Inspectors—C. P. Weldon, H. C. Hol- loway. Ballot Clerks— Thomas Darrough, M. Lennon. Tally Clerks —W. W. Eustice, James Princevalle. In case any of the officers above ap- pointed to conduct said special election do not attend at the opening of the polls on the morning of the day fixed and named for said special election, the electors of the city present at that hour, may appoint and supply any competent person from among th8m- selves to fill the place of such absent member thereof. All persons qualified by law to vote at municipal elections in said city of .Gilroy, shall be and are qualified to vote at said special election. As soon as the polls are finally closed at said special election, the officers of election shall canvass the votes cast, for and against incurring said indebt- edness, hereinbefore mentioned, as nearly as practicable in the manner provided by law for canvassing votes for municipal officers at elections held in said city of Gilroy, for the election of such city officers. The returns of said special election shall be made out and signed in the usual form by said officers of election and shall be depos- ited with the City Clerk of said city,to- gether with the ballots cast at said special election. The Common Council of said city of Gilroy shall, as "soon as the said returns and ballots have been deposited with said City Clerk as aforesaid, canvass the said returns in the manner provid- ed by law for canvassing• returns of elections of muniepal officers in and for said city. If upon the canvass of said returns as aforesaid it shall be ascer- tained and determined that at least two- thirds of the qualified voters of said city voting at said special election have voted in favor of the said propo- sition for incurring the said indebted- ness, then bonds of the city of Gilroy in the sum of fifteen thousand dollars of the character and number, prescribed by law and the ordinance of sad city, and described in this resolution and notice shall be issued for the objects and purposes above mentioned; and then, and in that case, and not other- wise, the Common Council of the city of Gilroy shall, at the time in each year, and in the manner provided by law for fixing the general tax levy for said city, levy and have collected on all property in said city subject to tax- ation, a tax sufficient to pay one-fif- teenth part of the principal of said in- debtedness, together with the annual interest on all unpaid sums thereof as aforesaid, until the whole amount of said principal and interest has been paid as by law is provided, which tax so to be fixed and levied annually shall be in addition to all other taxes provided for to be levied and collected by said city. Finally passed by the Common Coun- cil of the city of Gilroy, in adjourned regular session, this 9th day of October, A. D. 1902, by the following vote: AYES — Eustis, Hines, Rice and Skillicorn, NOES —None. Absent— Mayock and Wood. Approved this 9th day of October, 1902. H. R. CHESBRO, Mayor of the City of Gilroy. I hereby certify that the foregoing resolution is a true and correct copy of a resolution of the city of Gilroy, adopt- ed by the Common Council and ap- proved by the Mayor of said city. [Seal.] C. N. HOOVER, City Clerk. M