Loading...
Minutes 1936/11/02 nge .... _ J L;J :::::: t:O ~ Q Gilroy, California November 2, 1936 The regular monthly meeting of the Common Council was called to order by His Honor, Mayor S. D. Heck. The minutes of meetings of October 3rd, 5th, 13th & ........ ........ 22nd were read and ordered approved. Motion by Wilkinson, seconded by Mason that reports of City Officers be accepted and placed on file. Motion by Stewart, seconded by Wilkinson that the City purchase four highway signs from Safety Signal Co., Atascadero, Calif.--two for Water Dept. and two for Street and Sewer Dept. at $5.50 each. Motion by Milias, seconded by Stewart that we deny Mr. Heaton permission to operate a hamburger stand on Monterey / Street between fir$t and Second st. Motion by Wilkinson, seconded by Stewart that we accept Councilman Milias's report and recommendation, and change ~ I I ....... the fis8al year of the library from December 1, 1936 to June 30, 1937. and appropriate the library $283.00 a month. Motion by Heiner, seconded by Wilkinson that the Clerk issue statement tv conrf~ to Resolution No. 70 and affix the seal thereto. IGTB: Ayes: Geo. C. Milias, Jr., Ben Stewart, Ge. M. Mason, Harry L. Wilkinson, Nat Heiner. Noes: None Absent: J. H. Rush Resolution No. 70 was then introduced by Councilman Nat Heiner. Motion by Heiner seconded by Milias that Resolution No. 70 be passed and adopted. ......... ...... t t c "l" ,,",,' '" J '" I ~) ) , ., ~ ,~ d ", ..,. l RESOLUTION NO. 70 DECLARING CANVASS OF RE'l'URNS, AND RESUL'!' OF SPECIAL BOND ELECTION HELD OCTOBER 27, 1936 - - - - - - - - - - - - WHEREAS, the Common Council of the City of Gilroy by Ordinance No. 419 duly called and ordered held in said City of Gilroy an election on the 27th day of October, 1936, for the purpose of submitting to the qualified voters and electors thereof the following proposition, 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 completing the follow- ing municipal improvement, to wit: A municipal auditorium, assembly and convention hall, including a.J;:L.J~~q.~,puilding, furniture, fixtures and equipment necessary for municipal auditorium, assembly and convention hall purposes? AND WHEREAS, said ordinance calling and ordering said election was duly published as required by law and by said ordi- Hazel E. Martin nance, as appears from the affidavit of principal clerk of the GilroY' Evening Dispatch on file in the office of the City Clerk of said City of Gilroy; and WtlEREAS, it appears that said special election was duly held in accordance with law and with said call, on the said 27th day of October, 1936, as aforesaid, and that the polls for said election were kept open during the time required by law, and that said election was held and conducted, and the votes thereat received and canvassed, and the returns thereof ascertain- ed, determined and declared, all as provided by the laws of the State of California, and by said ordinance; and WHEREAS, on this day, to wit, Monday, the 2nd day of 1 :368 ~ x OJ November, 1936, at the hour of eight o'clock P.M., the Common Council of the City of Gilroy met at its usual place of meeting J and has canvassed the returns of said special election as required by law, and the result of said canvass is found to be as herein- after stated and set forth: IT IS HEREBY RESOLVED, DETERI'I1INED AND DECLARED by the Common Council of the City of Gilroy, as follows: 1. - That the proposition voted upon at said special election was as follows: 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 completing the follow- ing municipal improvement, to wit: A municipal auditorium, assembly and convention hall, including all lands, building, furniture, fixtures and J equipment necessary fior mun1101pal e.Ud~ tor1um, , assembly and convent on ha 1 purposes. 2. - That by said ordinance calling said special election said City of Gilroy was constituted one election precinct, the boundaries of which should be coterminous with the boundaries of said City. 3. - That the total number of votes cast at said special election was 663 votes; that the number of votes cast thereat in favor of said proposition was 611. votes; that the number of votes cast thereat against said proposition was 52 votes; that 9 ballots were spoiled and not counted; that more than two-thirds of all the votes cast at said special election were in favor of said proposition and authorized the incurring of a bonded debt for the purpose set D forth in said proposition, and that said proposition carried. That the City Clerk of the City of Gilroy be, and is hereby, instructed 2 (;,i\ r.~ [\ ~)bv to enter this resolution on the minutes of this Common Council r: as a statement of the result of said election. PASSED AND ADOPTED by the Common Council of the City of Gilroy, at a regular monthly meeting held this 2nd day of November, 1936, by the following vote: Ayes: Councilman George C, Milias Jr, Ben stewart, George M. Mason, Harry L. Wilkinson, Nat Heiner. Noes: Councilman None. Absent: Councilman J. H. Rush c ~~ Mayor of the Cfty 0 lroy, California Attest: e/i. V?~ City erk Presented to and approved by me this ~ ,,).. day of November, 1936. ----==~~r1J:YWe e Mayor 0 the City 0 California. c 3 ')"""0 0' Resolution No. 71 was then introduced by Harry L. Wilkinson. Motion by Mason, seconded by Milias that Resolution No. 71 be passed and adopted. VOTE: Ayes: George C. Milias, Jr. Ben Stewart, George M. Mason, Harry L. Wilkinson, Nat Heiner. Noes: None Absent: J. H. Rush Motion by Milias, seconded by Wilkinson that bills be allowed and warrants ordered drawn on the Treasurer. Adjourned to Nov. 16-36 at 8.00 P.M. t:' f/ if(~, (j 14, E. F. Rogers, City Clerk. lJJ :s:::: e:o ~ (j J J " . :J 0~-~ d t 1 RESOLUTION NO. 71 [J PROVIDING FOR THE ISSUANCE OF $31,000 PRINCIPAL AMOUNT OF "CITY OF GILROY IVIUNICIPAL AUDITORIUM BONDS OF 1936"; PRE- SCRIBING THE DATE AND tnm~ OF SAID BONDS AND OF THE COUPONS TO BE ATTACHED THERETO; FIXING THE MAXIMUM RATE OF INfl'EREST ON SAID BONDS, AND PEESCRIBING THE IfiA'J:URI1rIES THEREOF; AUTHOR- IZING THE EXECUTION OF SAID BONDS AND COUPONS, AND PROVIDING FOR THE LEVY OF A TAX TO PAY THE PRINCIPAL AND INTEREST THERE- OF; AND DIRECTING NOTICE OF SALE OF SAID BONDS TO BE GIVEN. ------- . WHEREAS, all the requirements of law have been complied c with in calling and holding the special election held in the City of Gilroy on the 27th day of October, 1936, at which election the proposition to issue bonds of said City in the principal sum of $31,000 for the purpose of acquiring, constructing and completing said municipal improvement of said City of Gilroy, to wit: A municipal auditorium, assembly and convention hall, including all lands, building, furniture, fixtures and equipment necessary for municipal auditorium, assembly and convention hall purposes, was submitted to the voters of said City; and the Common Council of said City did meet and canvass the returns of said election on Monday, the 2nd day of November, 1936, and did as the result of such canvass determine and declare, and do hereby certify, that said proposition received at said special election the affirmative vote of more than two-thirds of all of the voters . ~ ~ voting at said election, and was thereby carried and adopted by said election, and the issuance of all of said bonds by said City was duly authorized, -1- ;372 00 - ........ I"T1 NOW, THEREFORE, BE IT RESOLVED by the Connnon Council of the City of Gilroy, as follows: .3 Section 1. That the bonds of the City of Gilroy in the aggregate principal sum of $31,000, to be known as the "City of Gilroy Municipal Auditorium Bonds of 1936," shall issue to pay the cost of the acquisition, construction and completion of the following municipal improvement of said City, to wit: A muni- cipal auditorium, assembly and convention hall, including all lands, building, furniture, fixtures and equipment necessary for municipal auditorium, assembly and convention hall purposes. Section 2. That said bonds shall be issued as herein- after set forth, and shall be sold in accordance with law at not less than their par value and accrued interest. Said bonds shall be negotiable in form, and of the character known as serial, and ~ shall be thirty-one (31) in number, numbered consecutively from 1 to 31, both inclusive, of the denomination of $1000 each. All of said bonds shall bear interest from their date until paid at the rate or rates designated in the bid of the successful bidder at the time of the sale of said bonds, but not to exceed four (4) per cent. per annum, payable semiannually. Such interest shall be evidenced by coupons attached to each bond, and each of said coupons shall represent six months'interest on the bond to Which it is attached. The principal and interest of said bonds shall be payable at the office of the Treasurer of said City of Gilroy in lawful money of the United States. Said bonds shall be dated November 1, 1936, and shall mature and be payable in consecutive numerical order, from lower to higher, as follows, to wit: ~ One (1) of said bonds shall mature and be payable on November 1st in each of the years 1937 to 1965, both inclusive; and Two (2) of said bonds shall mature and be payable on November 1, 1966. -2- -" G)F5' q ~'. 1 :. It- \I ~ o Said interest coupons shall be payable on the 1st day of May and the 1st day of November in each year until and at the respective dates of maturity of said bonds, the first coupon on each bond being payable May 1, 1937. Section 3. Said bonds shall each be substantially in the following form, the blanks in said form and in the form of coupon given below to be filled with appropriate words or figures, namely: UNITED STATES OF AMERICA STATE OF CALIFORNIA Santa Clara County CITY OF GILROY MUNICIPAL AUDITORIUM BOND OF 1936 No._ $1000 c The City of Gilroy, a municipal corporation organ- ized and existing under the Constitution and laws of the State of California, hereby acknowledges itself indebted and for value received promises to pay to the bearer (or if this bond be registered, to the registered holder hereof) on the 1st day of November, 19 , ONE THOUSAND (1000) DOL- LARS, together with interest thereon at the rate of per cento per annum, payable semiannually on the first day of May and the first day of November of each year. Unless this bond is registered such interest shall be payable only on presentation and surrender of the proper interest coupons hereto attached as they respectively become due. Both the principal of and interest on this bond are payable in lawful money of the United States at the office of the Treasurer of said Cityo This bond is issued under and pursuant to the Constitu- tion and statutes of the State of California, and under and pursuant to the charter, ordinances and proceedings of said City duly adopted and taken and a vote and assent of more than two-thirds of all the qualified electors of said City voting at a special election duly called and held for that purpose. c It is hereby certified, recited and declared that all acts, conditions and things required by law to exist, happen and to be performed precedent to and in the issuance of this bond have existed, happened and been performed in due time, form and n~nner as required by law, and that the amount of this bond, together with all other indebtedness of said City does not exceed any limit prescribed by the Constitution or statutes of said state or the charter of said City, and that -3- "!, 374 ,-0 I ..", ~_\,o:.J ~ 0"'"' ~ provision has been made as required by the Constitution and statutes of said state for the collection of an annual tax sufficient to pay the principal of, and interest on, this bond as the same become due. The full faith and credit of said City are hereby pledged for the punctual payment of the principal and interest of this bond. 3 This bond may be registered in the manner provided by law and thereafter the principal hereof and interest hereon shall be payable only to such registered owner. IN vVITNESS VfrillREOF, said City of Gilroy has caused this bond to be executed under its corporate seal, signed by its Mayor and its Treasurer, and countersigned by its Clerk, and has caused the interest coupons hereto attached to be signed by its Tre~surer, and this bond to be dated the first day of November, 1936. Mayor of the City of Gilroy City Treasurer of the City of Gilroy Countersigned: City Clerk of the City of Gilroy :J The interest coupons shall be signed by the Treasurer of said City by his engraved or lithographed signature, and shall be substantially in the following form: $ Coupon No. On the first day of , 19 the City of Gilroy will (unless the within mentioned --- bond be registered) pay to bearer at the office of the Treasurer of said City Dollars, $ in lawful money of the United States, being six --- months' interest then due on its Municipal Auditorium Bond of 1936 . . . . . . . . . . . . . . . . . . . . .No._ Treasurer of the City of Gilroy .tI -4- '/)...." LV \, J", ~, If',.' ~ Section 4. The ~myor of said City of Gilroy and the Treasurer of said City are hereby authorized and directed, respectively, as such officers to sign each of said bonds on behalf of said Oity, and the City Olerk is hereby authorized and directed to cou~ersign each of said bonds and to affix the corpo- rate seal of said City thereto; and the said Treasurer is hereby authorized and directed to sign each of the interest coupons, either by his own hand or by printed, lithographed or engraved facsimile signature; and such signing, countersigning and sealing shall be a sufficient and binding execution of said bonds and cou- pons by said City. [ Section 50 For the purpose of paying the principal and interest of said bonds the Oommon Council of said City of Gilroy shall, at the time of fixing the general tax levy and in the manner for such general tax levy provided, levy and collect annual- ly each year until such bonds are paid or until there shall be a sum in the treasury of said City set apart for that purpose, to meet all sums coming due for princ:ipal and interest on said bonds, a tax sufficient to pay the annual interest on said bonds, and also such part of the principal thereof as shall become due before the time for fixing the next general tax levy. Said tax shall be in addition to all other taxes levied for municipal purposes, and shall be collected at the same time and in the same manner as other t municipal taxes are collected, and as collected shall be forthwith paid into the fund for which the same was levied and collected. Such fund shall be designated "1936 Nlunicipal Audi torium Bond Fund, II and all sums to be come due for the principal and interest on said bonds shall be paid from such fund. There shall likewise be de- posited in said fund any moneys received on a ccount of interest -5- 376 00 - .......... txJ ,"' accrued on said bonds from their date to the date of delivery and actual payment of the purchase price thereof. i Section 6. There is hereby created and established a fund to be known as "1936 Municipal Auditorium Construction Fund," which shall be kept by the Treasurer of said City, and all proceeds of sale of any of said bonds (except accrued interest received on such sale) shall be placed by the Treasurer to the credit of said fund and shall be kept separate and distinct from all other municipal funds, and shall be applied exclusively to the acquisition, con- struction and completion of the aforesaid municipal improvement. Section 7- The City Clerk is directed to cause a sufficient number of blank bonds and coupons of suitable quality to be lithographed, printed or engraved, and to cause the blank II spaces thereof to be filled in to comply with the provisions hereofJl and to procure their execution by the proper officers, and to deliver them, when so executed, to the Treasurer of said City, who shall safely keep the same until they shall be sold by the Common Council; whereupon he shall deliver them to the purchaser or pur- chasers thereof on receipt of the purchase price therefor. Section 8. All of said bonds shall be sold by this Common Council on the 16th day of November , 193~, and said City Clerk is hereby directed to publish once in "The Gilroy Evening Dispatch," the official newspaper of said City of Gilroy, a notice of sale in substantially the following form, to wit: ], -6- ) .-y."", ; ). i" , c OFFICIAL NOTICE OF SALE OF CITY OF GILROY MUNICIPAL AUDITORIUM BONDS OF 1 9 3 6 c NOTICE IS HEREBY GIVEN that sealed bids will be received by the City Clerk of the City of Gilro~, State of California, at his office in said City, until five 0' clock, P.M., of Monday ~ the 16th. day of November- 1936 , for the purchase of ~31,bob principal. amount of Ci ty of GIIroy Municipal Auditorium Bonds of 1936. Said bonds constitute an issue of bonds of said City, known as the "City of Gilroy Municipal Auditorium Bonds of 1936," aggregat- ing in principal amount the sum of $31,000, consisting of 31 bonds of the denomination of $1,000 each, numbered con- secutively from 1 to 31, inclusive, all dated November 1, 1936. Bidders must specify the rate of interest which the bonds hereby offered for sale shall bear and said bonds will be awarded to the highest and best bidder, considering the rate specified and the premium offered, if any. Bidders will be permitted to bid different rates of interest for different maturities of said bonds. The interost rate stated in the bid must be in a multiple of one-quarter of one per cent. per annum, payable semiannually, and the interest rate shall not exceed four (4) per cent. per annum, payable semiannually on May 1st and November 1st of each year. Said bonds mature and are payable in consecutive numerical order, from lower to higher, one (1) on November 1st in each of the years 1937 to 1965, both inclusive, and two (2) on November 1, 1966. / With each bid must be submitted a certified check or Cashier's check in the sum of $1500, payable to the order of the Treasurer of the City of Gilroy, as guarantee that the bidder will purchase and pay for said bonds in the event his bid i~ accepted. Bids will be received for all or any of said $31,000 principal amount of said bonds at not less than their par value and accrued interest as specified. All bids must be unconditional, and, together wi th bidder's check must be enclosed in a sealed envelope endorsed "Proposal for City of Gilroy Municipal Auditorium Bonds of 1936." The City of Gilroy reserves the right to reject any and all bids. The legal opinion of Messrs. Orrick, Palmer & Dahlquist of San Francisco, California, approving the valldity of said bonda will be furnished to the successful bidder without charge, together with a certified copy of the transcript of proceedings. ' D Said bonds were authorized at an election held on October 27, 1936 (the vote being 611 "Yes" and 52 "No") for the acquisition, construction and completion of a--municipal auditorium, assembly and convention hall, a~l as set forth in the proposition as submitted at said election. The City of Gilroy was incorporated Maroh 12th 1870 . The population (Census of 1930) was 3502 ; the present conservative estimateis 3800 . The assessed valuation of all taxable property in said City is $ 2,916,042 and the total bonded indebtedness (not including this issue) is $ 171.000.00 . The tax collection record of said City is as follows: -7- ) :37H Fiscal Year 1931-32 1932-33 1933-34 1934-35 1935-36 Total amount of City taxes levied for each fiscal year $ 36, 068. 18 $ 30, 799. 52 $ 28, 674. Q8 $ 28, 005. 48 $ 29, 286. 27 C~ - --.. - . ' - Amount of City taxes uncollected at the end of each fiscal year $ 807. 40, $ 988. 25 $ 1162. 47 $ 903. 12 $ 672. 09 Amount of all City taxes un- collected as of July 1, 1936 $ 445. 35 0 $ 607. 05 $ 447. 64 $ 545. 13 $ 672. 09 Further information relative to the financial condition of the City will be furnished to any bidder upon request. There is no controversy or litigation pending or threaten- ed concerning the validity of the above issue, the corporate existence of the City or the title of the officers to their respective offices. This notice is given pursuant to resolution of the Common Council of the City of Gilroy adopted November 2, 1936. E. F. ROGERS City Clerk of the City of Gilroy, California. I - - - -, Section 9. This resolution shall take effect from and after its passage and approval. PASSED AND ADOPTED this 2nd day of November, 1936, by the following vote: Aye s; Cqunc ilman George C. r!Iilias Jr, Ben Stewart, George M. Mason, Harry L. Wilkinson, Nat Heiner. Noes: Councilman None Absent: Councilman J. H. Rush. ...8...