Minutes 1928/03/05
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Gilroy, calif., Mar. 5, 1928.
The regUlar monthly meeting or the COlllinOn Council was called to
order by ijis Honor Mayor Jas. Princevalle.
Present Councilmen Chas. H. Pierce, E. Martin Johns~, C. E. Fred-
rickson, Jerome Chappell, Gerald Hecker, Elmer J. Chesbro; Absent
Councilmen, None.
The minutes of meetings of Feb. 6th, Feb. 20th and Feb. 27th were
read and ordered approved.
Communications presented as follows: James Currie, Bourett Bro's.
and Marie Clark, community nurse, and the same were ordered placed on
~ile.
Orricers reports were presented as follows:
License and Milk col-
lector, Police Judge, City Clerk and Water Collector and by motion
of Chesbro, seconded by Hecker and carried, it was ordered: That
said reports be accepted and placed on rile.
By motion of Fredrickson, seconded by Chappell and carried, it was
ordered: That bids for rent of sewer lands be ordered opened.
Five bids were read and by motion or Fredrickson, secondeR and car-
ried; The matter of award for rent or sewer land was left with the
Sewer Dept. Committee.
By motion or C. E. FredriCkson, seconded by Elmer J. Chesbro Ordi-
nance Number 349 was passed arter having been read and re-read by title,
as follows:
An Ordinance to amend Paragraph No.4 or Section No. 106,~of Article
I, of Part II of the Municipal Code of the City of Gilroy, regulating
the sale or milk in the City of Gilroy, and providing a penalty for
violating the same.
Vote, Ayes, Councilmen Chas. H. Pierce, E. Martin Johnson, C. E.
FredriCkson, Jerome Chappell, Gerald Becker, Elmer J. Chesbro, Noes,
Councilmen, Hone; ,Absent Councilmen, Hone.
By ,motion of C. E. Fredrickson, seconded by Elmer J. Chesbro and
.carr~ed Ordinance No. 350 was passed after having been rear and re-read
by title as follows:-
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An Ordinance amending Article I, of Chapter III of Part III, of
the Municipal Code of the City of Gilroy, relating to water rates by
adding two new sections thereto to be numbered 354 and 355, and pro-
vtding a penalty ror the violation or the same, and repealing all Or-
dinances or parts thereof in conflict therewith.
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Vote, Ayes, Councilmen Chas. H. pierce, E. Martin Johnson, C.
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E. Fredrickson, Jerome Chappell, Gerald Hecker, Elmer J. Ches-
bro. Noes, Councilmen,-None;
AbseBt Councilmen, None.
Motion by Fredrickson, seconded and carried: That the Clerk
be instructed to write the attorneys representing Chas. E.
Sloan and request that the Sloan bill against the City be
properly itemized.
By motion of E. Martin Johnson, secondeR by Jerome Chappell
the following Resolution was passed and adopted,
WHEREAS, for the benefit of the sanitary condition of the
Ci ty *u have" jlhe garbage of the householders collected regu-
larly and deposited in some place where it will not be offensive
or unhealthy, there fore be it
RESOLVED:
That the mayor and City Clerk be and they are
hereby authorized to-enter into a contract with Loui Poire
authorizing him to gather garbage in the City atid giving to him
the exclusive right to dump the same at a place designated by
the Sewer Committee of' the Common Council on the sewer dispo-
sal farm.
Said contract shall provude that Said Louie
Poire shalJ,.'pay to the City for such privilege the sum of! One
Hundred aDd Twenty ($ 120.00) dollars per annum for a term of
one year, said rental to be paid in twelve equal monthly in-
stallments on the first day of each month beginning March
1si, 1925, Said contract shall also provide that said Louie
Poire, as additional compensation, shall keep clean, at his
own expense, the screen in the grit chamber 01' the septic tank
at said :farm, and that all the work to be per~ormed by him shall
be under the direction and to the satiSfaction of the Sewer
Committee o:f the Common Council.
Vote, Ayes, Counc*lmen Chas. H. Pierce, E. Martin Johnson,
C. E. Fredrickson, Jerome Chappell, Gerald Becher, Elmer J.
Chesbro,
Noes, Councilmen, None; A~sent Oouncilmen, None.
By motion of E. ~artin Johnson, seconded by C. E. Fredrick-
SOB and carried the following Resolution was passed and adopt-
ed :
RESOLVED, that George Easton, be and he is hereby appointed
Street Superintendent for the City of Gilroy, he to serve with-
out additional compensation;
and that his bond be fixed in
the sum of Five Hundred ($500.00) Dollars.
Vote, Ayes, Councilmen Chas. H. Pierce, E. Martin Johnson, C.
E. Fredrickson, Jerome Chappell, Gerald Becker, Elmer J. Chesbro,
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Noes, Councilmen, None; Absent Councilmen, Bone.
By motion of Gerald Hecker, seconded by Elmer J. Chesbro and
carried the following Resolution was regularly passed and adopted:
RESOLVED, bytha Mayor and Common Council of the City of Gil-
roy, that the bond of George Easton, as superintendent of streets
of the said City and~sabm*tted this day to said Mayor and Common
Council by said George Easton be and the same is hereby approved
and accepted. The said bond is hereby ordered filed in the office
~f the City Clerk.
Vote, Ayes, Counoilmen, Chas. H. Pierce, E. Martin Johnson,
C. E. Fredrickson, Jerome Chappell, Gerald Hecker, Elmer J.
Chesbro;
Noes, Councilmen, None, Absent Councilmen, None.
By motion of E. Martin Johnson, seconded by C. E. Fredriokson
and carried the following Resolution was passed and adopted:
RESOLVED, by the Mayor and Common Counoil of the City of Gil-
roy, that the plans and specifications for the following work to
be done and improvementto be made in the City of Gilroy, to-wit.
That Eigleberry street, between the Northerly line of Second
Street and the southerly line of Sixth stree~ also
That Second street, between the Easterly line of Eigleberry
Street and the Westerly line of Monterey street; also
That Fourth street, between the Easterly line of Eigleberry
Street and the Westerly line of Monterey street; also
That Fifth street, between the Westerly City boundary and the
Westerly line of Eigleberry street; also
That Fifth street, between the Easterly line of Eigleberry
street and the Westerly line of Monterey Street; also
That Sixth street, between the Easterly line of Eigleberry
Street and the Westerly line of Monterey street; also
That Sixth street, between the Easterly line of Monterey
street and the Easterly line of Railroad Alley; also
That Martin street, between the Easterly line of Monterey
street and the Westerly line o~ Railroad Alley; also
That Lewis street, between the Easterly line of Monterey
Street and a point two feet West of the Westerly rail of the
Southern Pacifio Railway tracks, and between a point two feet
East of the most Westerly rail of the Southern Pacific Railway
traoks and the Westerly line of Forest street;
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That the roadways of all the portions of said streets,
avenues and lanes as above desoribed be graded and paved with
Warrenite Bitulithio wearing surface upon an asphaltio conorete
base, in accord with their respeotive grades and in the manner
indicated by the plans and specifioations hereinafter referred
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to;
Also, for ooncrete curbs, gutters and sidewalks, where
they do not now exist, at places shown on plans, along the
above mentioned streets;
Also, for a storm water sewer to be construoted in Eigle-
berry street from Third street to Sixth Street, in Fifth street
from Carmel Street to Eigleberry street~ and in Sixth street
from Eigleberry street to the sl,ough called Miller slough Just
East of Maple Street, with catch basins, corrugated iron drain
pipe and wall and apron at outlet of sewer.
Excepting, however, from the above described work such por-
tion or portions of the concrete curbs, ooncrete gutters, con-
crete sidewalks abd pavement above desoribed as are already con-
struced to the line and grade hereinafter rcrcrrcd to; and cx-
cepting also frolll the above described work any and all portions
thereof which are described more than onoe or repaeted because
of descriptions recrossing streets at intersections, it being
the intention to describe only one improvement at such street
orossing.
All of said work to be done to the grade described in and
in accordance with the plans, profiles and specifications pre-
pared by H. B. Fisher, City surveyor and Engineer, and submit-
ted by Said Engineer on the 27th day of February, 1928, and said
plans, profiles and specifications be and the same are hereby
adopted as and for the plans and specifications for doing said
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work, and are hereby referred to for further particulars.
Vote, Ayes, E. Martin Johnson, C. E. Fredrickson, Jerome
Chappell, Gerald Heoker, Elmer J. Chesbro; Noes, Councilman
Chas. H. Pieroe; Absent Councilmen, None.
By motion of Elmer J. Chesbro, seconded by Gerald Hecker
the following Resolution was passed and adopted:
WHEREAS, H. B. Fisher, City Engineer of the City of Gilroy,
did on the 27th day of February, 1928, file with the City Clerk
a map or diagram showing the boundary lines of the District
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which is to be benefit by the improvements set forth in the
plans and specifications adopted by the Mayor and Common
Oouncil by resolution on the 5th day of March, 1928, re-
ference to said map or diagram being hereby made and the same
made a part hereof, is hereby adopted as the boundary lines
and description of said Improvement District to be and the
same is hereby designated as Improvement District No. One, and
the District to be benefited by said proposed improvements.
Vote, Ayes, Councilmen E. Martin Johnson, C. E. Fredrick-
son, Jerome Chappell, Gerald Hecker, Elmer J. Chesbro; Noes,
Councilman Chas. H. Pierce; Absent, Councilmen, None.
By motion of E. Martin Johnson, seconded by Gerald Hecker
the following Resolution was passed and adopted:
RESOLVED, by the Mayor and Common Counoil of the City of
Gilroy, that the Warrenite-Bitulithic license mixture agree-
ment, Dated the 15th day Of February, 1928, and received on
this day from Warren Bros., Company, said agreement being in
relation to paving with Warrenite-Bitulithic Pavement of the
roadways of oertain streets in the City of Gilroy, as set forth
in "Resolution adopting plans and speoifioations" whioh reso-
lution was passed and adopted by the Mayor and Common Council
of the City of Gilroy on the 5th day of March, 1928, and is here-
by referred to and made a part hereof, be and said agreement
is hereby accepted, as are also the provisions of said War-
ren Bros., Company as set forth bher$in, and said agreement
is hereby directed to be filed on this 5th day of MarCh, 1928,
in the office of the City Clerk oC said City.
Vote, Ayes, E. Martin Jobnson, C. E. Fredrickson, Jerome
Chappell, Gerald Hecker, Elmer J. Chesbro; Noes, Councilman
Chas. H. Pierce; Absent, Councimen, None.
By motion of E. Martin Johnson, seconded by Jerome Chappell
the following Resolution was passed and adopted:
RESOLVED, by the Mayor and Common council of the City of
Gilroy, and that it is the intention of the Mayor and Common
Council to order the following work and imprvement in said
City of Gilroy, to-wit:
That Eigleberry street, between the Northerly line of
Second street and the Southerly line of Sixth street; also
That Second street, between the Easterly line of Eigle-
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berry street and the Westerly line of Monterey street; also
That Fourth street, between the Easterly line of Eigle-
berry street and the Westerly line of Monterey street; also
That Fifth street, between the Westerly City boundary
and the Westerly line of Eigleberry Street; also
That Fifth street, between the Easterly line of Eigle-
berry street and the Westerly line or Monterey Street; also
That Sixth street, between the Easterly line of Eigle-
berry street and the Westerly line of Monterey street;
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also
That Sixth street, between the Easterly-line of Monter-
ey Street and the Easterly line of Railroad Alley; also
That Martin street, between the Easterly line of Monte-
rey street and the Westerly line of Railraod Alley; also
That Lewis street, between the Easterly line or Monterey
Street and a point two reet West of the most Westerly rail
of the Southern Paciric Railway traoks, and between a point
two feet East of the most Easterly rail of the Southern
Pacific Railway traoks and the Westerly line of Forest
street;
That the roadways or all the portions or said streets,
avenues and lanes as above described be graded and paved with
Warrenite Bitulithio wearing surfaoe upon an asphaltic con-
orete base, in accord with their respective grades and in the
manner indicated by the plans and specifications hereinafter
rererred to;
Also,for concrete curbs, gutters and sidwalks, Where
they do not exist at places ShOlVD on plans, along the above
mentioned streets;
Also, for a stoP.m water sewer to be constructed in Eigle-
berry Street from Third Street to Sixth street, in Fifth
street from Carmel Street to Eigleberry street, and in Sixth
Street from Eigleberry Street to the slough oalled Miller
Slough just East of Maple street, with catch basins, corru-
gated iron drain pipe, and wall and apron at outlet of sewer.
Excepting, however, rrom the above described work such por-
tion or portions or the concrete curbs, concrete gutters,
concrete sidewalks and pavement above described as are al-
ready constructed to the line and grade hereinafter rererred
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to; and exoepting also rrom the above desoribed work any
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and all portions thereof which are described more than once
or repated because of descriptions recrossing streets at
intersections, it being the intention to desoribe only one
improvement at suoh street crossing.
That all said work be done according to the plans, pro-
files and specifications therefor, prepared by H. B. Fisher,
City Engineer of the City of Gilroy, duly and regularly
adopted by the Mayor and Common Council on March 5th, 1928,
and on file in the orfice of the City Clerk or said City,
and according to the elevations and lines as shown on said
plans, which said plans, profiles and speoifications are
hereby referred to for the full and detailed description
of said proposed work and improvement.
And the said Mayor and Common Council does hereby de-
termine and declare that the aforesaid work and improve-
mentis of more than looal or ordinary public benefit and
will affect and benefit the distriot, the boundary lines,
and dsecription of which is shown upon a map or diagram of
said district, prepared by H. B. Fisher, City Engineer,
approved by the Mayor and Common Council and on file in the
offioe of the City Clerk, which said map or diagram is here-
by referred to and made a part hereof, and is hereby declar-
ed to be the District benefitted by such work and improve-
ment, and that, therefore, the entire oost and expenses of
said work and improvement, save and except therefrom the
sum of Two Thousand ($ 2000.00) Dollars to be paid from the
General Fund of the City of Gilroy, shall be and is hereby
made ohargeable against, and shall be assessed upon said
District, hereafter to be known as Improvement District Num-
bar One, which district is situated within the City of Gil-
roy, County of Santa Clara, State of California.
Excepting, however, from the said area as shown upon the
map or diagram thereof as adopted by the Mayor and Common
Counoil, of all public streets, lanes and publio ways, the
same not to be assessed for any expenses of said work and
improvement.
The grade to which said work shall be done shall be such
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as may be shown on the plans, profiles and specifications
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therefor, now on file in the office of the City Clerk, refer-
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ence to which is hereby made for a description of such
grade.
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Attention is called to Warrenite-Bitulithic License Mix-
ture Agreement, of Warren Brothers Company, of Boston, Mass.,
of date of February 15th, 1928, now on file in the offioe
of the City Clerk of the City of Gilroy.
Notice is hereby given that serial bonds to represent un-
paid assessments and bear interest at the rate of seven per
cent. per annum, will be issued hereunder, in the manner
provided by the Improvement Bond Act of 1915, and amendments
thereto, the last installment of which bobds shall mature ten
(10) years from the 2nd day of July next succeeding ten (10)
months from their date.
Except as hereinabove otherwise provided for the issuance
of said serial bonds, all of the herein proposed work shall
be done in pursuance of an Act of the Legislature of the
State of California, designated "The Improvement Act of 1911,"
approved April 7th, 1911, and amendments thereto.
Notioe is hereby given that on the 21st day of March,
1928, at eight o'clook P. M. at the regular meeting place
of the Mayor and Common Council, to-wit: In the City Hall of
said City, any and all persons having any objections to the
proposed work and improvement may appear before said Mayor
and Common Council and show cause why said proposed improve-
ment should not be carried out in accordance with this reso-
lution..
The Clerk of the City of Gilroy shall cause this resolution
to be published twice in the "Gilroy Evening Dispatch", a
daily newspaper printed, published and circulated in said
City of Gilroy, and hereby designated for that purpose, by
said Mayor and Common Council of said City of Gilroy.
The Superintendent of Streets of said City of Gilroy
shall cause to be conspicuously posted along the lines of
said contemplated work or improvement and along the lines of
all open streets, lanes, alleys and roads within said Dis-
trict as herein adopted and described, notices of the pas-
sage of this Resolution of Intention in the manner and form
required by law.
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Vote, Ayes, Councilmen E. Martin Johnson, C. E. Fredrickson,
Jerome Chappell, Gerald Hecker, Elmer J. Chesbro; Noes,
Councilman Chas. H. Pierce;
Absent Councilmen, None.
Councilman Chas. H. Pierce excused for the remainder of
the session.
Motion by Elmer J. Chesbro, seconded by Jerome Chappell
that the rollowing
Resolution be passed and adopted.
RESOLVED, that when the COlliDlon Co~ncil adjourns it will
adjourn to meet on Wednesday, 1iarch 21, 1928, at 8 o'clock,
P. M. at the regular meeting place, to-wit: the City Hall
of the City or Gilroy.
Vote, Ayes, Councilmen E. Martin Johnson, C. E. Fredrick-
son, Jerome Chappell, Gerald Hecker, Elmer J. Chesbro; Noes,
Councilmen, None; Absent Councilman Chas. II. Pierce.
The regular monthly ~ills were then read and by motion of
Fredrickson, seconded by Elmer J. Chesbro allowed and warrants
ordered drawn.
Amount or Warrants allowed $ 3199.59 on the General Fund,
$ 652.43 on the Sewage Disposal Imp. Fund or 1927; Total
warrants,
$ 3852.02.
City Clerk.
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