Minutes 1929/02/04
388
Gilroy~ Calif.~ Feb. 4th~ 1929.
The regular monthly meeting of the Common Council was call-
ed to order by His Honor Mayor Jas. Princevalle.
Present Councilmen Walter G. Fitzgerald, C. E. Fredrickson,.
Jolm A. Clark, Irvin Hollister, Elmer J. Chesbro;
COlUlcilJaaDE. Kartin J olmson.
The minutes of meetings of Jau. 7th and Jan. 15th, 1929,
Absent
were read and ordered approved.
Officers reports presented as followst License Collector,
Police JUdge, City Clerk, Water Collector and Milk Inspector
aDd by motion of ~hesbro, seconded by Clark and carried, it
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was ordered that officers reports be &OileFted,anq., pl(lo'ed.o,n
file.
Eyers Bro's. petition for a building permit was taken up.
Motion by Clark, seconded by Fredrickson and carried: That per-
mit be granted to Byers Bro's., but that the re-inforced concrete
extend back eighty feet.
Motion by Clark, seconded by Chesbro and carried: That the
California Construction Company be given sixty days rurther time
to complete. its work of paving.
By motion of Elmer J. Chesbro, seconded by John A. Clark
Resolution 50. 652 was passed and adopted as follows:
WHEREAS, the Munieipalities and sanitary district of.. the State
are endeavoring to fin. an economical and successful method for
sewage and waste disposal and treatment, and
WHEREAS, Senator Jones of Santa Clara County, has introduced
in the Legislature Senate Bill Ko. 652 providing for an appropria-
tion of not less than $ 65,000.00 ror the establishment and main-
tenance during the next two years of the proper and necessary facil-
ities for investigations and research in methods of' sewage disposal,
a plan of supreme importance to the entire State, now, therefore,
be it
390
theref"ore, be it
RESOLVED: That the Mayor and Common Council 01" the City
of Gilroy does hereby approve 01" the passage 01" Senate Bill
10. 655 and earnestly request of our representatives in the
state Legislature to support the measure; be it 1"urther
RESOLVED: That a copy of this Resolution be 1"orwarded by
the City Clerk to the Governor, the Senate Committee on pub-
lic health and Quarantine and Senator Jones.
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Vote, Ayes, Councilmen Walter G. Fitzgerald, C. E. Fred-
rickson, John A. Clark, Irvin HOllister, Elmer J. Chesbro;
loes, Councilmen, lone;
Absent Councilman E. Martin John-
son.
By motion of Fitzgerald seconded by Fredrickson, and car-
ried the following Resolution was passed and adopted:
WHEREAS, we have learned with sincere regret that the
health of our City Engineer, Henry B. Fisher, continues to
prevent him 1"rom giving his personal attention to the work
of the City, aDd
WHEREAS, the Common Council contemplates proceeding with
the paving of several streets of the City in the bear future
that will require the services of the Engineer, now, there-
for, be it c
RESOLVED, that City Engineer, Henry B. Fisher, be given
an unlimited leave of absenoe from his o1"ficial duties dur-
ing his present illness, aDd be it further
RESOLVED, that the City Clerk forward a copy of this
Resolution to Mr. Fisher, together with a letter expressing
the sympathy of the Mayor and Common Council in his trouble
and expressing our wishes that he may speedily recover his
health.
Vote~ Ayes, Councilmen Walter G. Fitzgerald, C. E.
Fredrickson, John A. Clark, Irvin Hollister, Elmer J. Ches-
bro; Noes, Councilmen, lone; Absent Councilman E. Martin
Johnson.
By motion of John A. Clark, seconded by Elmer J. Ches-
bro the following Resolution was passed and adoptedt
An order providing for the issuance of Street Improve-
ment Bonds, prescribing the denominations of such bonds and
of the interest coupons attached thereto
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WHEREAS, the Mayor and Common Counoil of the City of Gil-
roy, County of Santa C~ara, state of California, did, on the lltb
day of April, 1928, pass their Resolution of Intention Now - 4-
1928 for tbe improvement of portions of Eigleberry street, Fourth
street, Fifth street, Sixth street, Martin street and Lewis
Street in said City of Gilroy, under and pursuant to the provis-
ions of the "Improvement Aot of 1911. and the amendments there-
to, and. to the "Improvement Bond Act of 1915. and the amend-
ments thereto, and to the resolutions, notioes and other pro-
ceedings of said Mayor and Common Council duly adopted and taken,
reference to said Resolution of Intention No. 4-1928 being ftete-
by expressly, made for a desoription of said work and for further
particulars; and
WHEREAS, the contract for said work and improvements was
duly awarded and thereafter duly completed to the satisfaction
of the Street Superintendent and of said Mayor and Common Coun-
oil or said City of Gilroy, whereupon an assessment and warrant
were made, recorded and delivered to the contractor in time,
fo~ and manner as required by said acts, and the contractor
having made due return thereon, and the same having been duly
recorded; aDd
WHEREAS, on the 9th day of January, 1929, the street Superin-
tendent of the City of Gilroy made and filed with the Clerk ot
said City a complete list ot all assessments unpaid thereunder
upon the respective assessment numbere thereon, whereupon said
Clerk gave notice of the tiling ot said list and fixed in said
notice Monday, the 4th day of February, 1929, at the hour ot
8:00 o'clock, P.M. of said day, at the regular meeting place of
the Mayor and Common Council, to-wit:
In the City Hall of said
City, as the time and place when interested persons might appear
before said Mayor and Common Council and show cause why bonds
sbould not be issued upon the security of the unpaid assess-
ments shown on said list, said time being that if this regular
meeting ot said Mayor and Common Council; aDd said Mayor and
Common Council baving heard all objections and having passed up-
on the same, it is hereby determined that tbe assessments unpaid
thereunder, and the aggregate amount ot the same, are as
followss
That the total aggregate amount of said assessments unpaid
is the sum of Nine Thousarnd , Five Hundred, Sixty and 39/l00
($9,560.39) Dollars.
THERE.E<'JRE, in conside:r'ation of the premises, the Mayor and
Common Council of the City of Gilpoy do order as follows, to-
wit:
Section 1. That bonds shall be issued upon the security
of the said unpaid assessments to the amount of Nine Thousand.
Five Hundred, Sixty and 32/100 ($9,560.32) Dollars, in accord-
ance with the provisions of the "Improvement Act of 1911" and
the "Improvement Bond A.ct of 1915" of the State of California,
as amended and now in effect, and under and pursuant to the
resolu tions, not ices and proceedings of said Mayor' and Conunon
Co'uncil of the City of Gil:roJ." duly adopted and taken. Said
bonds shall be called "Improvement Bondstt shall be fifty-five
in number, shall be dated February 4th, 1929, and bear intspest
at the rate of seven percent per annum from the 9th day of
January, 1929, and the denominations of said bonds and of the
interest cou pons required to be attached thereto, with their
respective numbers and dates of ma turi t:)r are as folloY/s, to-wit:
Series Number Denomination Date of Ma turi t~r
Number of Bond
4 -1928 1 $ 500.00 JUly 2, 1930
4 -1928 2 100.00 July 2, 1930
4-1928 3 100.00 July 2, 1930
4-1928 4 lOO.OO July 2, 1930
4-1928 5 69.l2 July 2, 1930
4-l928 6 500.00 July 2, 1931
4-1928 7 100.00 July 2, 1931
4 -1928 8 lOO.OO July 2, 1931
4-1928 9 100.00 July 2, 1931
4 -l928 10 69 . l2 July 2, 1931
4 -1928 11 500.00 July 2, 1932
4-1928 l2 100.00 July 2, 1932
4-1928 13 lOO.aO July 2, 19~2
4 -1928 14 100.00 July 2, 1932
4 -1928 15 69.12 July 2, 1932
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Sel'ies
Number
Number
of Bond
DenOlr.ina t ion
Date of Maturity
4-1928
4 -1928
4-1928
4-1928
4-1928
16
17
18
19
20
21
22
23
24
25
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~ 500.00
180.00
100.00
100.00
69.12
500.00
100.00
lOO.OO
100.00
69.12
July 2, 1933
July 2, 1933
July 2, 1933
July 2~ 1933
July 2, 1933
July 2, 1934
July 2, 1934
July 2, 1934
July 2, 1934
July 2, 1934
4 -1928
4-1928
4-l928
4-1928
4 -1928
4 -1928
4-1928
4-1928
4-1928
4-1928
26
27
28
29
30
500.00
100.00
100.00
lOO.OO
69.12
July 2, 1935
July 2, 1935
July 2, 1935
July 2, 1935.
July 2, 1935
4 -1928
4-1928
4-1928
4 -1928
4 -1928
41
42
43
44
45
500.00
lOO.OO
lOO.OO
180.00
69.l2
July 2, 1936
July 2, 1936
July 2, 1936
July 2, 1936
JUly 2, 1936
July 2, 1937
July 2, 1937
July 2, 1937
Ju ly 2, 1937
July 2, 1937
July 2, 1938
July 2, 1938
July 2, 1938
July 2, 1938
July 2, 1938
4 -1928
4-1928
4 -1928
4-l928
4 -1928
31
32
33
34
35
36
37
38
39
40
500.00
100.00
100.00
100.00
69.l2
4-1928
4-1928
4-1928
4-l928
4 -1928
500.00
100.00
100.00
100.00
69.12
4 -1928
4-1928
4-1928
4-1928
4 -1928
51
52
53
54
55
500.00
100.00
100.00
100.00
69.12
July 2, 1939
July 2, 1939
July 2, 1939
July 2, 1939
July .2, 1939
July 2, 1940
July 2, 1940
July 2, 1940
July 2, 1940
July 2, 1940
4 -1928
4-1928
4..1928
4-1928
4 -1928
46
47
48
49
50
500.00
100.00
100.00
100.00
69.12
AND BE IT FURTHER OHDERED That with respect to said bonds
having a den,lmination of $500.00 the first coupon to bee OOle due
and payable thereon shall be of the denomination of $34.32, and
that each of the other coupons attached thereto and which will
become payable thereafter shall be of the denomination of $17.50.
. And that with respect to said bonds having a denomination of
$100.00 the first coupon to become due and payable thereon shall
be of the denomination of $6.86, and that each of the other cou-
pons attached thereto and which will become payable thereafter
shall be of the denomination of $3.50.
And that with respect to said bonds having a denomination of
$69.12 the fir'st coupon to become due and payable thereon shall
be of the denomination of $4.74, and that each of the other
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coupons attached thereto and which will become payable thereafter --,
shall be of the denomination of $2.42.
Section 2. Said bonds shall be issued in series, and the un-
paid assessments, as shown on said list filed by the Superin-
tendent of Streets and determined by the Mayor and Common
Council of the City of Gilroy, together with the interest
thereon, shall remain and constitute a trust fund for the re-
demption and payment of said bonds and the interest to become
due thereon, whicn unpaid assessments shall be payable in an-
nual series corresponding in number to the number of series
of bonds issued, and an even proportion of each assessment shall
be payable in each year preceeding the date of the maturity of
each of the several series of bonds issued, and such proportion
of each assessment coming due in any year, together with the an-
nual interest thereon, shall in turn be payable in installments
as the generaJ taxes of said City on real property are payable,
and shall become delinquest at the same time and in the same
proportionate amounts and bear the same proportionate penal-
ties for delinquency.
Said bonds shall be signed by the rrreasurer of said City
of Gilroy and be countersigned by the Clerk of said City,
who shall affix thereto the corporate seal of said City; the
interest coupons attached to said bonds shall be signed b;y
the Treasurer of said City or bear his engraved, printed or
lithographed signature, and sucn signing and sealing of said
bonds by said officers, and the signing of said coupons by
said Tl'easurer, shall constitute and be a binding execution
of each and everyone of said bonds and all of the coupons
thereof respectively. Said bonds shall be substantially in
the fOl'm set forth in the "Improvement Bond Act of 1915" of
tlle state of California as amended and now in effect.
The interest coupons attached to said bonds and evidenc-
ing the interest to accrue and become due thereon shall be
numbered consecutively beginning with the number one, inclusive,
and shall be substantially i;l the following form, to-wit:
Coupon No. ___..__
$
The City of Gilroy, California, will pay to the
bearer hereof on the second day of 19
1:")O'h
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at the office of the Treasurer of said City the
sum of $ , being the semi-annual
interest due on Improvement Bond No. of
Series No.
Dated
Treasurer of the City of Gilroy
Section 3. Said bonds shall forthwith be delivered to
the contractor in satisfaction of the balance due upon the
assessment and warrant.
VOTE:
Ayes, Councilmen Walter G. Fitzgerald,-C. E.-Fredrickson,
John A. Clark, Irvin HOllister, Elmer J. Chesbro.
Noes, Councilmen None.
Absent, CounGilmen E. Martin Johnson.
E. F. ROGERS
Clerk of the City of Gilroy
Approved:
(SEAL)
James princevalle
Mayor of the City of Gilroy.
Motion by Clark, seconded by Fredrickson and carried:
Tbat the City Attorney is hereby instructed to ~orward
agreement to the Shepherd heirs for the purchase o~ a cer-
tain strip of land near sewer farm and when the said agree-
ment is properly approved a warrant in the amount of $168.
will be ordered drawn.
Vote, Ayes, Councilmen Walter G. Fitzgerald, C. E. Fred-
rickson, John A. Clark, Irvin Hollister, E1mer J. Chesbro;
Noes, Councilmen, Kone; Absent Councilman E. Martin John-
son.
The regular monthly bills were then read and by motion
of Fredrickson, seconded by Clark and carried were allowed
and warrants ordered drawn.
Amount of warrants $ 4,163. 57 on the General Fund.
The matter of purchase ot 96 feet ot S-inch water pipe
left in the hands ot the Water
Adjourned subject to the
call o~ the chair.
Department Committee.
G :i uPOJ1~!j~ -,
City Cl~.