Minutes 1936/10/13
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Gilroy, California
October 13th, 1936
,~he. regular adjourned meeting of the Common Council of Oct. 5th,
HI:/; , -'- was' called to order by His Honor Mayor S. D. Heck.
Present Councilmen were: Nat Heiner, George U. Milias qr. Ben stewart,
H. L. Wilkinson. Absent Councilman: J. H. Rush.
Motion by Beorge C. Milias, Jr., seconded by Wilkinson that Ordinance
No. 419 be passed and adopted as tollows:
~. ORDINANCE NO. 419
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF GILROY FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID CITY THE PROPOSITION
,,_,_ OF INCURRING A BONDED INDEBTEDNESS OF SAID CITY FOR THE ACQ.UISIT ION,
CONSTRUCTION AND COMPLETION OF THE FOLLOWING MUNICIPAL IMPROVEMENT,
TO WIT: A I~JNICIPAL AUDITORIUM, ASSEMBLY AND CONVENTION F~LL, INCLUDING
ALL LANDS, BUILDING,'FU~NITURE, FIXTURES AND EQUIPl~NT NECESSARY FOR
M1TNICIRAL AUDITORrrr.M, ASSEMBLY AND CONVENTION HALL PURPOSES; DECLARING
THE ESTIMATED COST OF SAID MUNICIPAL IMPROVEMENT, THE .AMOUNT OF THE
PRINCIPAL OF SAID INDEBTEDNESS TO BE INCURRED THEREFOR, AND THE MAXllIDM
RATE OF INTEREST TO BE PAID THEREON: FIXING THE DATE OF SAID ELECTION,
THE l','lP..NI\TER OF HOLDING THE SAME, ESTABLISHING ONE ELECTION PRECINCT AND
POLLING PLACE FOR SAID ELECTION AND APPOINTING A BOARD OF 3LECTION
THEREFOR, AND PROVIDING FOR NOTICE THEREOF.
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v7HEREAS the Common Council of the City of Gilroy by
resolution passed and adopted at an adjourned regular meeting
of said Common Council on the 22nd day of September, 1936, by
aff~rmative vote of more than two~thirds of all of its members,
did detemmine that the public interest and necessity demand the
acquisition, construction and completion of the municipal improve-
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ment hereinafter mentioned, and did turther determine the cost
of said proposed muntcipal improvement will be too great to be
paid out of the ordinary annual income and revenue of said
municipality, which resolution was duly entered on the minutes
of said meeting of said common Council, and is now on file and of
record in the Clerk's office of said City; now therefore,
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BE IT ORDAINED by the Common Council of the City of
Gilroy, a municipal corporation, as follows:
Section 1. That a special municipal election be and
is hereby ordered and will be held in said City of Gilroy on
Tuesday, the 27th day of October, 1936, at which election shall
be submitted to the qualified electors of said City the follow-
ing proposition of incurring bonded indebtedness of said City,
to wit:
PROPOSITION: Shall the City of Gilroy incur
a bonded indebtedness in the
principal amount of $31,000. for the object and
purpose of acquiring, constructing and complet-
ing the following municipal improven~nt, to wit;
A municipal auditorium, ass\_mbly and convention
hall, including all lands, building, furniture,
fixtures and equipment necessary for municipal
audi torium, a~3sembly and convent ion hall purposes?
That the estimated cost of said municipal improvement
set forth in said proposition is the sum of $105,580, and the
amount of the indebtedness proposed to be incurred for said
municipal improvement is the sum of $31,000.
That it is con-
templated that the ~ifference between the estimated cost of said
improvement and the amount of the principal of the indebtedness
to be incurred, as above set forth, will be advanced by the
United States of lUnerica or any department or agency thereof.
That the City of Gilroy reserves the right, in its discretion,
to advance such additional moneys from its General Fund, as may
be available for that purpose, to the pa~nent of any part of the
cost of said improvement and in addition to moneys derived from
the Droceeds of the indebtedness to be incurred for that purpose.
Section 2. That the said Common Council proposes to
issue and sell bonds of said City of Gilroy in the said amount of
$31,000 for the object and purpose specified in said proposition
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set forth in Section 1 of this ordinance, if two-thirds of the
qualified electors voting on such proposition at said special
municipal election shall vote in favor of said proposition. Said
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bonds shall be negotiable in form and of the character known as
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serial~ and shall bear interest at a rate not exceeding four
(4) per cent, per annum, payable semiannually.
Section 3. That the said Common Council does hereby
submit to the qualified electors of said City of Gilroy at said
special municipal election the said proposition set forth in
Section 1 of this ordinance, and designates and refers to said
proposition in the form of ballot hereinafter prescribed for use
at said election.
Section 4. That the polls at the polling place hcrein-
after designated shall be opened at six o'olock A.M. of said day
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of election and shall be kept open continuously thereafter until
seven o'clock P. M. of said day of election, when the polls shall
be closed (except as provided in Section 1164 of the Political
Code), and the election officers shall thereupon proceed to can-
vass the ballots cast thereat.
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Section 5. That said special election shall be held
and conducted, and the votes thereof canvassed, and the returns
thereof made, and the result thereof ascertained and determined
as herein provided; and in all pc"rticulars not prescribed by
this ordinance said election shall be helJ as provided by law for
the holding of municipal elections in said City. The returns of
said election shall be made out and signed by the election
of~icers and shall be by them deposited with the City Clerk,
~ together with the ballots cast at said election; and this
... Common Council shall IDl..et at its usual meeting place and canvass
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said returns on Monday, the 2nd day of November, 1936, being the
first Monday after said election, at the hour of Eight (8)
o'clock, P.M.; and if upon such canvasS it shall be found that
at least two-thirds of the qualified electors of said City voting
on said proposition at said election voted in favor of said
proposition, then bonds of said City of Gilroy in the amount
specified in said proposition, to wit $31,000, will be issued
and sold by said City for the purpose therein mentioned.
Such bonds may be issued and sold by the Common Council as
said Common C~uncil shall determine, but for not less than their
par value and accrued interest thereon to dote of delivery.
Section 6. For the conduct of said special electio~
the entire City of Gilroy shall constitute one special election
preoinct, the boundaries of which shall be coterminous with the
boundaries of said City. All of the general state and oounty
election preoinots into which said City is devided for general
state and county election purposes are hereby consolidated into
said consolidated special election precinct. The polling place
therein and the elect ion officers a,)pointed to cond1lct said
election thereat are as follows, to wit:
SPECIAL 1~NICIPAL BOND ELECTION CONSOLIDATED
PRECINCT NO. 1
(consisting of' a consoli<lation of precincts Nos. 1,2,3,4 and 5 of
the City of Gilroy, as now established of record by the Board
of Supervisors of the County of Santa Clara. State of California,
for general state and county election purposes.)
Polling Place:
City Hall, located '::t the northeast
corner of Monterey Street and Sixth
Street, in said City of Gilroy.
Inspector:
Judge:
Judge:
Clerk:
Clerk:
7'. S. Moore
George Gift
Myrtle Heiner
Ruby Zimmerman
I. Chabot
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Section 7. All persons qualified to vote at municipal
elections in said City of Gilroy upon the date of the election
herein provided for shall be qualified to vote upon the proposition
submitted at said special election.
Section 8. The ballots to be used at said special
election shall have printed thereon the following:
No.
(This number to be torn
off by the Inspector)
: MARK CROSSES (X) ON BALLOT ONLY
: WITH RUBBER STAMP, NEVER WITH
: PEN OR PENCIL.
No.
(Fold ballot to this perforated line, leaving top margin exposed
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tIDNICIPAL TICKET
SPECIAL MUNICIPAL BO~~ ELECTION
CITY OF GIIROY
Octo ber 27, 1936
INSTRUCTIONS TO VOTERS: To vote on any question, proposition
or constitutional amendment, stamp a
cross (X) in the voting square after the word "Yes" or after
the v'iord "NO."
All marks except the cross (X) are forbidden. All dis-
tinguishing marks or er,,;sures are forbidden and make the
ballot void. If you wrongly stamp, tear or deface this ballot,
return it to the Insnector of Election and obtain another.
PROPOSITION: Shall the City of Gilroy incur
a bonded indebtednes in the YES
principal amount of $31,000 for the object
and purpo se of acquiring, construct ing and
completing the following municipal impDove- J.
ment, to wit: A municipal auditorium, assembly
and convention hall, including all lands,
building, furnitu::.'e" fixtures and equipment NO
necessary for municipal auditorium, assembly
and convention hall purposes?
Section 9.
Each voter to vote for the said proposition hereby
submitted and for incurring said bonded indebtedness set forth in
said proposition shall stamp a cross (X) in the blank space oppo-
site the word ffYES" on the ballot to the right of said proposition,
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and to vote against said )roposition and against incurring said
indebtedness shall stamp a cross (X) in the blank space opposite
the word "NO" on the ballot to the right of said proposition.
a cross rX) stmnped in the voting square on the ballot after
the word ffYES" shall be counted as a vote in favor of said propo-
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sition, and to authorize the incurr_ng of a bonded debt for the
amount of and for the purpose specified therein, and a cross (X)
stamped in the voting square on the ballot after the word "NO"
shall be counted as a vote against said proposition, and a refusal
to authorize the incurring of any bonded debt for the purpose
specifLed theTein.
Section 10. This ordinance shall be published once a
day for at least seven (7) days in "The Gilroy Evening Dispatch",
which is a newsp8per published at least six (6) days a week in
said City of Gilroy, and such publication shall constitute notice
of said election. No other notice of the election hereby called .,
need be given and no sample ballots or polling place cards need ~
be mailed.
Section 11. This ordinance shall be forthwith entered
U~)or: the mimltes of this Common Council and in the Ordinance Book
of said City. This ordinance being an ordinance o~dering and
calling an election shall take effect from and after its final
passage and approval.
PASSED AND ADOPTED the 13th
day of October, 1936,
by the following vote:
Ayes: Nat Heiner, Ben stewart, George C. Milias, Jr.
George M. Mason, Harry L. Wilkinson
NOes: None
Absent: J. H. Rush
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The foregoing ordinance is nresented to me for
approval and is hereby approv!d th~s 13th day of October, 1936.
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S. D. HECK
Mayor of the City of Gilroy,
California.
Attest:
E. F. ROGERS
City Clerk.
CLERK'S CERTIFICATE
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E. F. Rogers
, City Clerk of the
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CITY OF GILROY, California, do hereby certify that the foregoing
ordinance is a full, true and correct copy of an ordinance intro-
duced and read at a
regular meeting of the
Common Council of said City duly and regulsrly held on the 5th
day of October, 1936, and that said ordinance was thereafter
duly passed and adopted at an adjourned regular meeting of said
Common Counc il duly and regularly held at the reguL:r meet ing
place thereof on the 13th day of October, 1936, of \vhich meeting
all of the Ili:;mbers of said Common Council had due notice and at
which
majority ther_of ~as present, by the following vote:
Ayes: Nat Heiner, Ben Stewart, George C. Milias, Jr.,
George M.Mason, Harry L. Wilkinson.
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Noes: None
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Absent: J. H. Rush.
That I have carefully compared the same ~ith the original
minutes of said meeting on file and of record in my office and
that said ordinanco is duly entered of record in Book 2 of
Minutes of said Common Council at pages 35? to 364
and in
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Ordinance Book No.~ of said City, and said ordinance is a full,
true and correct copy of the original ordinance adopted at said
meeting and entered in said minutes and Ordinance Book. That said
ordinance has not been amended, modified or rescinded since the
date of its passage and the same is nOii in full force and effect.
"fITlmss my hand and the seal of said City of Gilroy,
this 14th day of October, 1936.
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E. F. ROGERS
City Clerk of the City of
Gilroy, California
Vote on Ordinance: Ayes: Councilmen Nat Heiner, George M. Mason,
George C. Milias, Jr. Ben Stewart, Harry L. Wilkinson,
Noes: None.
Absent Councilman: J. H. Rush
Motion by Wilkinson, seconded by Stewart that the Townsend
Club, for use of the City Hall, be charged $2.00 per week for
lights and janitor service, but the Council reserves the use of
the Hall for all Municipal purposes at all times.
Motion by Wilkinson, seconded by Milias, that contract for
work on Golf Club Building be awarded to John Riksheim.
Motion by George C. Milias, seconded by Ben stewart that $2500.00
be paid<on the Sloan judgment.
Motion by George C. Milias, Jr., seconded by Nat Heiner, that
the Mayor and City Clerk be authorized to sign the lease,~, t Sewer
Farm for the C. C. G. and Electric Co. ~
Adjourned subject to
the call of the chair.
E. F. Rogers
City Clerk
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