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Minutes 1929/06/17 J.fMJ Gilroy, California. June 17thj 1929. The regu~ar adjournea meeting of the Common Council of June 10th, 1929, was called to order by His Honor, Mayor James Prince- valle. Present, Councilmen Walter G. Fitzgerald, E. Martin Johnson, C. E. Fredrickson, Irvin Hollister, Elmer J. Chesbro; Absent, Councilman John A. Clark. The Chairman of the Street Oommittee and City Engineer ren- dered a written report on the checking of the petitions for pav- 1ng which was given at twenty-four percent and twenty percent. A petition to build a service station On the Fowler prop- erty was considered. Motion by Fitzgerald, seconded by Fredric~on and carried, that permit be granted to the General Petroleum Corporation to erect a service station. Motion by Fitzgerald, seconded by Hollister and carried, that bids for remodeling the City Hall office be opened. Bids of William Radtke and Jolm Riksheim were read. Motion by Johnson, seconded and carried, That bids be re- ferred back to the arChitects for further consideration. Motion by Elmer J. Chesbro, seconaed by E. Martin JOhnson that Resolution 11-1929 be passed and adopted as follows: RESOLUTION NO. 11-1929 ORDERING THE WORK WHEREAS, the Mayor and Common Council of the Gity of Gil- roy did, on the 13th day of May, 1929, pal:$S its. Reso~ut1on of 421 Intention No. 3-1929 to order certain work and improvement to be made in said City, which Resolution of Intention was duly and legally published as required by law, as appears from the affidavit of John N. Hall now on file in the office of the City Clerk of said City; and, 'NHEREAS, the said notices of the passage of the said Reso- lution of Intention headed llNotice of Improvement" wel~e duly and legally posted along the respective lines of said contemplated work and improvement, and also on and along the open streets and alleys within the district described in said Resolution of In- tention and shown upon a Map or diagram showing the boundary lines of said district on file in the office of the City Clerk, and the district to be assessed for said work and improvement, in form and manner as required by law, after the passage of said Resolution of Intention, as appears by the Affidavit of George Easton, Street Commissioner of said City of Gilroy, who person- ally pos ted tile same, and who, after the completion of the post- ing of said notices, filed his said affidavit in the office of the City Clerk of said City, making oath that he completed the posting of said notices on the 21st day of May, 1929; and, "THEREAS, all protests or objections presented have been dis- posed of in the tirrle, form a nd manner as required by law, and said Mayor and Common Council has now acquired jurisdiction to order the proposed work and1mprovement; IT IS HEREBY RESOLVED by the Mayor and Common Council that the public interest 'and convenience re~ ired the work herein descrired, and said Mayor and Common Council does hereby order the work to be done and improvement to be made in said City, as described in the Resolution of Intention passed by the Mayor and Common Council on May 13th, 1929, and in accordance with plans, profiles, and specifications on file in the office of the City Clerk, said Resolution of Intention, plans, prOfiles and specifi- cations being hereby referred to and made a part hereof for fur- ther particulars of said work and improvement and the assessment district. That said City Clerk is hereby directed to post notices of said work, together with plans and specifications therefor, con- spicuously for five (5) days on or near the Council Chamber door of Mayor and Common Council, inviting sealed proposals or bids for doing the work ordered. He is also directed to publish twice in the It Gilroy Evening Dis pa tch" a daily news paper of general ,~ ~ - u .... -... t--( 422 circulation, printed, published and circulated in said City of Gilroy, and hereby designated by said Mayor and Common Council for that purpose, a notice inviting such proposals and referring to the specifications posted or on file. All proposals or bids offered shall be accompanied by a f!!\";.-,W check payable to the City of Gilroy, certified by a responsible bank, for an amount which shall not be less than ten percent of the aggregate of the proposal, or by a bond for the said a- mount and so payable, signed by tne bidder and two sureties, who shall justify, before any official competent to administer an oath, in double the said amount, and over and above all statutory exemptions. VOTE: AYES, Councilmen Walter G. Fitzgerald, E. Martin JOhnson, C. E. Fredrickson, Irvin HOllister, Elmer J. Chesbro; NOES: Councilmen None; ABSENT, Councilman John A. Clark. Motion by E. Martin Johnson, seconded by Irvin Hollister: that Resolution l2-l929 be adopted and approved as follows: .~ RESOLUTION NO. 12-1929 DIRECTING THE WORK rEO BE D ONE UNDER 'EHE DIRECTL> N OF THE CITY ENGINEER WHEREAS, the Mayor and Common Council of the City of Gil- roy did on the l3th day of May, 1929, pass its Resolution of Intention No. 3-1929, to order certain work to be done and im- provement to be made in the said Oity, which Resolution of In- tention is hereby expressly referred to for further particulars and said Mayor and Common Council did thereafter on the 17th day of June, 1929, duly pass its Resolution ordering work to be done and improvement to be made in said City, which Resolu- tion ordering the work to be done is also referred to for fur- ther particulars. ..... WHF~REAS, the plans and specifications for doing said work and making said improvement have heretofore been adopted by the Mayor and Common Council and are now on file in the office of the City Clerk of the City of Gilroy and hereby referred to for further particulars; and, WHEREAS, said Mayor and Common Council desire that said work be done under the direction of the City Engineer of said City and that the assessment be made by said City Engineer, '10r"l LJ: ~__1 NOW, THEREFORE, BE IT RESOLVED By the Mayor and Common Council that they direct, and it is. hereby directed that the aforesaid work shall be done under the direction of the City Engineer of said City of Gilroy and to his satisfaction; and it is hereby directed that the assessment hereafter to be made in the proceedings shall be made and signed by the City Engineer of sa id City instead of the t>treet Commi s s ioner. VOTE: Ayes, Councilmen Walter G. Fitzgerald, E. Martin Johnson, C. E. Fredrickson, Irvin Hollister, Elmer J. Chesbro; Noes, Councilmen, None; Absent, Councilman John A. Clark. Motion by C. E. Fredrickson, seconded by E. Martin Johnson and carried, that Resolution 13-l929 be passed and adopted as follows: RESOLUTIUN NO. 13-1929, FIXING COMPENSATION OF CITY ENGINEER RESOLVED, by the Mayor and Common Council of the City of Gilroy, that the compensation of the City Engineer of said City for all engineering services heretofore rendered and hereafter to be rendered by him in connection with and incidental to the work to be done and improvement to be made in said City, as said work and improvement are indicated and described in "Resolution Adopting Plans and Specifications ," which Resolution was passed and adopted by the Mayor and Common Council of said City on the 13th day of May, 1929, and is hereby r>eferred to and made a part hereof, be and said compensation is hereby fixed at the sum which shall be seven percent of the contract price of said work and im- provement. VOTE: Ayes, Councilmen Walter G. Fitzgerald, E. Martin Johnson, C. E. Fredrickson, Irvin Hollister, Elmer J. Chesbro,; Noes, Councilmen None; Absent,Counci1man John A. Clark.- Motion by E. Martin Johnson, seconded by Irvin Hollister that Resolution l4-l929 be adopted and passed as follows: RESOLUTION NO. 14-1929 OVERRULING PROTESTS. WHEREAS, the Mayor and Common Council of the City of Gilroy did, on the 22nd day of May, 1929, pass its Resolution of In- tention No. 6-1929, to order certain work to be done and improve- ment to be made in said City, and describing the district in which the property therein is to be assessed for the work and cost there- of, reference to which Resolution of Intention is hereby made and the same is hereby made a part hereof for the description of 424 ".;l"~ the work and improvement and the assessment district; ~ .. "U '" ..-../ AND WHEREAS, certain property owners of property liable i--I to be assessed for said work made written protests or objec- tions in writing, and delivered the same to the Clerk of said City not later than the hour set for hearing such objections; and, WHEREAS, at the time set for hearing protests and objec- tions, said Mayor and Common Council proceeded to hear the ."""4ft~ same, and all of said protests or objections having been heard a~d duly considered, and said Mayor and Common Council being required to pass upon the same; IT IS HEREBY RESOLVED, by said Mayor and Common Council that all of said protests and objections against said proposed work or improvement, and against said proposed improvement dis- trict, be, and the same are hereby overruled and denied; IT IS FURTHER HER~BY RESOLVED, by the Mayor and Common Council that it appearing to them, they accordingly hereby find that said protests and objections against work and improvement to be ordered as aforesaid, were made by the owners of less than ..."'~ one-half of the area of the property to be assessed for said proposed work. VOTE: Ayes, Councilmen Walter G. Fitzgerald, E . Martin Johnson C. E. Fredrickson, Irvin Hollister, Elmer J. Chesbro; Noes,. Councilmen None; Absent, Councilman Jolm A. Clark. Motion by Johnson, seconded by Elmer J. Chesbro that Reso- 1ution No. 15... 1929 be passed and adopted: RESOLUTION NO. l5-l929 ORDERING THE lNORK NHEREAS, the Mayor and Common Council of the City of Gilroy did on the 22nd day of May. 1929, pass its Resolution of In- tention No, 6-1929 to order certain work and improvement to be made in said City, which Resolution of Intention was duly and legally published as required by law, as appears from the affidavit of John N. Hall, now on file in the office c:f the - City Clerk of said City; and, WHEREAS. the said notices of the passage of the said Resolution of Intention headed "Notice of Improvement" were duly and lega lly pos ted along the respective lines of said contemplated work and improvement, and also on and along the open streets and alleys within the district described in said /~~~ ~.~~..~ Resolution of Intention and shown upon a Map or diagram show- ing the boundary lines of said district on file in the office of the Uity Clerk, and the district to be assessed for said work and improvement, in form and manner as required by law, after the passage of said Resolution of Intention, as appears by the affidavit of George Easton, Street Commissioner of said City of Gilroy, who personally posted the same, and who, after the completion of the posting of said notices, filed his said affidavit in the office of the City Clerk of said City, making oath that he completed the posting of said notices on the 28th day of May, 1929; and, WHEREAS, all protests or objections presented have been disposed of in the time, form and manner as required by law, and said Mayor ,and Com:non Council has now acquired jurisdiction to order the proposed work and improvement, IT IS HEREBY RESOLVED by the Mayor and Corr~on Council that the public interest and convenience required the work herein described, and said Mayor and Common Council does here- by order the work to be done and improvement to be made in said City, as described in the Resolution of Intention passed by the Mayor and Common Council on May 22nd, 1929, and in accordance with plans, profiles, and specifications on file in the office of the city Clerk, said Resolution of Intention, plans, profiles and specifications being hereby referred to and made a part here- of for further particulars of said work and improvement and the assessment district. That said City Clerk is hereby directed to post notice of said work, togetner with plans and specifications therefor, con- spicuously for five (5) days on or near the Council Chamber door of Mayor and Common Council, inviting sealed proposals or bids for doing tne work ordered. He is also directed to publish twice in the "Gilroy Evening Dis pa tch", a daily news paper of general circulation, printed, published and circulated in said City of Gilroy, and hereby designated by said Mayor and Cornmon Council for that purpose, a notice inviting such proposals and referring to the specifications posted or on file. All proposals or bids offered shall be accompanied by a checl{ payable to tne City of Gilroy, certified by a responsible bank, for an amount which shall not be less than ten percent of and so payable, signed by the bidder and two sureties, who shall ,!~~ x . "'0 ". --.. ~ 426 the aggregate of the proposal, or by a bond for the said amount justify, before any official competent to administer an oath, in double the said amount, and over and above all statutory ex- emptions. vo'rE: Ayes, Councilmen E. Martin JOhnson, C. E. Fredrickson, Irvin Hollister, Elmer J. Chesbro; Noes, Councilman Walter G. fiR'''., Fitzgerald; Absent, Councilman John A. Clark. Motion by E. Martin Jonnson, seconded by Elmer J. Chesbro, that Resolution 16-1929 be adopted as fOllows: RESOLUTION NO. 16-1929 DIRECTING THE WORK TO BE DuNE UNDER THE DIRECTION OF THE CITY ENGINEER WHEREAS, the Mayor and Common Council of the City of Gil- roy did on the 22nd day of May, 1929, pass its Resolution of Intention No. 6-1929, to order certain work to be done and i~- provement to be made in the said City, which Resolution of In- tent ion is hereby expressly referred to for further particulars and said Mayor and Common Council did thereafter on the 17th day of June, 1929, duly pass its Resolution ordering work to be done and improvement to be made in said City, which Reso- lution ordering the work to be done is also referred to for further particulars. V\fHEREAS, the plans and spec ifica t ions for doing said work and making said improvement l~ve heretofore been adopted by the Mayor and Common Council and are now in file in the office of the City Clerk of the City of Gilroy and hereby ~eferred to for further particulars; and, WHEREAS, said Mayor and Common Council desire that said work be done under the direction of the City Engineer of said City and that the assessment be made by said City Engineer, NOW, THEREFORE, BE I'r RESOLVED by the Mayor and Common Council that they direct, and it is hereby directed that the ,.... aforesaid work snaIl be done under the direction of the City Engineer of said City of Gilroy and to his satisfaction; and it is hereby directed that the assessment hereafter to be made in the proceedings shall be made and signed by the City Engin- eer of said City instead of the Street Commissioner. VOTE: Ayes, E. Martin Johnson, C. E. Fredrickson, Irvin Hollister, Elmer J. Chesbro; Noes, Councilman Walter G. Fitz- l!2'~ '-j:. .~ gerald; Absent Councilman John A. Clark. Motion by Irvin Hollis~er, seconded by E. Martin Johnson, that Resolution No. 17-1929 be adopted as follows: RESOLUTION NO. 17-1929 FIXING COMPENSATION OF Crrry ENGINEER. RESOLVED, by the Mayor and Common Council of the City of Gilroy, that the compensation of the City Engineer of said City for all engineering services heretofore rendered and hereafter to be rendered by him in connection with and incidental to the work to be done and improvement to be made in said City, as said work and improvement are indicated and described in "Resolution No. 4-1929 Adopting Plans and Specifications", which Resolution was passed and adopted by the Mayor and Common Council of said City on the 22nd day of May, 1929, and is hereby referred to and made a part hereof, be and said compensation is hereby fixed at the sum which shall be seven percent of the cO~1tract price of said work and improvement. vorrE: Ayes, Councilmen E. Martin Jolmson', C. E. Fredrick- son, Irvin Hollister, Elmer J. Chesbro; Noes, Councilman Walter G. Fitzgerald; Absent, Councilman John A. Clark, Motion b, Elmer J. Chesbro, seconded by Irvin Hollister, that Resolution l8-1929 be passed and adopted as follows: RESOLUTLON NO. 18-1929 OVERRULING PROTESTS WHEREAS, the Mayor and Cornrr:on Council of the City of Gilroy did, on the 22nd day of May, 1929, pass its Resolution of In- tention No. 9-l929, to order certain work to be done and improve- ment to be made in SGid City, and describing the district in which the property therein is to be assessed for the work and cost there- of, reference to which Resolution of Intention is hereby made and the same is hereby made a part hereof for the description of the work and improvement and the assessment district. AND '.rJHEREAS, certain rroperty owners of property liable to be assessed for said work made written protests or objections, in writing, and delivered the same to the Clerk of said City not ~ later than the hour set forth for hearing such objections; and, WHEREAS, at tne time set for hearing protests and objections said Mayor and Common Council proceeded to hear the same, and all of said. protests or objections having been heard and duly con- sidered, and said Mayor and Common Council being required to pass IT IS HEREBY RESULVED, by said Mayor and Gommon Council that " ,~ ~ ~""-I """ .., ""- ~ 428 upon the same; all of said protests and objections against said proposed work or improvement, and against said proposed improvement district be, and the same are hereby overruled and denied; Irr IS FURTHER HERE3Y RESULVED, by the Mayor and Common Coun- cil that it appearing to them, they accordingly hereby find that Ji;',..,#iO' said protests and objections against work and improvement to be ordered as aforesaid, were made by the owners of less than one- half of the area of the pr0perty to be assessed for said pro- posed work. vo'rE: Ayes, Councilmen E. l,~art:in JOhnson, C. E. Fredrick- son, Irvin HOllister, Elmer J. Chesbro; Noes, Councilman Wal- ter G. Fitzgerald; Absent, Councilman John A. Clark. Motion by E. Martin Johnson, seconded by Irvin Hollister, that Resolution 19-1929 be passed and adopted as follows: RESOLurr ION NO. 19 -1929 ORDERIN G THE WORK WHEREAS, the Mayor and Common Council of the City of Gilroy did on the 22nd day of May, 1929, pass its Resolution of Intention No. 9-1929, to order certain work and improvement to be made in said City, which Resolution of Intention was duly and legally published as required by law. as appears from the Aff'ida vi t of John N. Hall, now on file in the of1'ic e of the City Clerk of' SHid City; and, WHEREAS, the said notices of the passage of the said Reso- lution of Intention headed "Notice of Improvement", were duly and legally posted along the respective lines of said contem- plated work ana imppovement, and also on and alons the open streets and alleys withifr the district described in said Reso- lution of Intention and shown upon a Map or diagram showing the bounaary linesof said distJ:'ict on file in the office of the City Clerk, and the district to be assessed for said work and im- - provement, in form and manner as required by law, after the pas- sage of said Resolution of Intention, as appears by the Affi- davit of George Easton, Street Commissioner of said City of Gilroy, who personally posted the same, and who, after the com- pletion of the posting of said notices, filed his said Affidavit in the office of the City Clerk of said City, making oath that he completed the posting of said Notices on the 28th day Of /120 ,~.;t..?' May, 1929; and, WHEREAS, all protests or oojections presented have been disposed of in time, form and manner as required by law, and said Mayor and Common Council has now acquired jurisdiction to order tne proposed wOI'k and improvement, IT IS HEREBY RESOLVED by the Mayor and Common Council that the public interest and convenience required the work herein described, and said Mayor and Common Council does hereby order the work to be done and improvement to be made in said City, as described in the Resolution of Intention passed by the Mayor and Common Council on May 22nd, 1929, and in accordance with plans, profiles, and specifications on file in the office of the City Clerk, saie Resolution of Intent ion, plans, profiles and specifications being hereby referred to and made a part here- of for further particulars of said work and improvement and the assessment district. That saia City Clerk is hereby directed to post notice of said work, together with plans and specifications therefor, con- spicuously for five (5) days on or near the Council Chamber door of Mayor and Common Council, inviting sealed proposals or bids for doing the work ordered. He is also directed to pub- lish tVv'ice in the "Gilroy Evening Dispatchll, a daily newspaper of general circulation, printed, published and circulated in said City of Gilroy, and hereby designated by said Mayor and Common Gouncil for that purpose, a notice inviting such pro- posals and referring to the specifications posted or on file. All proposals or bids offered shall be accompanied b-;:! a cneck payable to the City of Gilroy, certified by a responsible bank, for an amount which shall not be less than ten percent of the aggregate of the proposal, or by a bond for the said amount and so payable, signed by the bidder and two sureties, who Shall justify, before any official competent to administer an oath, in double the said amount, and over and above all statu- tory exemptions. VOTE: Ayes, Councilmen E. Martin Johnson, C. E. Fredrick- son, Irvin Hollister, Elmer J. Chesbro; Noes, Councilman Wal- ter G. Fitzgerald; Absent Councilman John A. Clark. By motion of Irvin HOllister, seconded by C. E. Fredrick- son, Resolution No. 20-1929 was passed and adopted as follows: _ ft.:!?RI - ~~ 430 RESOLUTION NO. 20-1929 DIRECTING 'rr-IF ;'fOHI'C TO BE DONE UNDER THE DH(ECTION OP THE C I'fY EN G INE1R .~ ).< "'U '.. --- ~ Vv'HEREAS, the Mayor and Common Council of the City of Gil- roy did on the 22nd day of May, 1929, pass its Resolution of Intention No. 9-l929, to order certain work to be done and im- provement to be rr~de in the said City, which Resolution of In- tent ion is hereby expressly referred to for further particulars II>>' and said Mayor and Cownon Council did thereafter on the l7th day of June, 1929, duly pass its Resolution ordering work to be done and improvement to be made in said City, which Resolution ordering the work to be done is also referred to for further particulars. W}illREAS, the plans and specifications for doin~ said work and mal{ing said improvement have heretofore been adopted by the Mayor and Common Council and are now on file in the office of the City Clerk of the City of Gilroy and hereby referred to for further particulars; and, WHEREAS, said Mayor and Common Council desire that said work be done under the direction of the City Engineer of said City and that the assessment be made by said City Engineer, NOW, THER}<_FORE, BE IT RF~SOLVED by the Mayor and Cornmon Council tt~t they direct, and it is hereby directed that the aforesaid work shall be done under the direction of the City Engineer of said City of Gilroy and to his satisfaction; and it is hereby directed that the assessment hereafter to be made in the proceedings shall be made and signed by the City Engin- eer of said City instead of the Street Commissioner. WOTE: Ayes, Councilmen E. Martin Johnson, C. E. Fredrick- son, Irvin Hollister, Elmer J. Chesbro; Noes, Councilman Walter G. Fitzgerald; Absent,Councilman John A. Clark. By motion of Irvin HOllister, seconded by Elmer J6 Chesbro, Resolution No. 21-l929 was passed and adopted as follows: RESOLUTION NO. 2l-l929 FIXING COMPENSATION OF CI'rY E1~GINEER RESOLVED, by the Mayor and Cornman Council of the City of Gilroy, that the compensation of the City Engineer of said City for all engineering services heretofore rendered and hereafter to be rendered by him in connection with and incidental to the work to be done and improvement to be made in said City, as , 431 said work and improvement are indicated and described in "Resolution No. 8-1929 Adopting Plans and Specifications'I, which Resolution was passed and adopted by the Mayor and Com- mon C,ouncil of said City on the 22nd day of May, 1929, and is hereby referred to and made a part hereof, be, and said compen- sation is hereby fixed at the sum which shall be seven percent of the contract price of said work and improvement. VOTE: Ayes, Councilmen E. Martin JOhnson, C. E. Fredrick- son, Irvin HOllister, Elmer J. Chesbro; Noes, Councilman Walter G. Fitzgerald; Absent, Councilman John A. Clark. Cc~ftr' ,