Resolution 121
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N 0 121
WHERR~S, the Common Council of the City of Gilroy by Reso-
lution No. 119 authorized the issuance and sale of $31,000 principal
amount of City of Gilroy Municipal Auditorium Bonds of 1940 and
directed the City Clerk of said City to countersign and affix the
official seal of s8.id Ci ty to said bonds pursuant to the require-
ments of law; and
WHEREAS, said P. A. COX, City Clerk, has stated, represented
and declared that he will not sign or countersign any of said bonds
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or execute the sal:,e, al18 ging the. t saio bonds cannot be is slJ.ed or
sold for the purpose for which the ssme 1;vere le~ally authorized to
be issued; &'l.d
WHEHEAS, this City has no plain, speedy or adequate remedy to
compel said City ~lerk to perform the official dlities enjoined
upon him by law, save by the intervention of a Court of competent
jurisdiction of the State 01 California;
NOW, THEREFOrE, BE rf RESOLVED by the Common COli..'1.ci1 of' the
City of Gilroy as follows:
;l'hat James S. Byers, City Attorney for the City of Gilroy,
is hereby authorized 8.nd direc:ted to insti tute a proceeding in
mandate in any court of competent jurisdiction in the Stz=.'.te of C8l i-
\ fornia, to compel P. A. Cox, as City Clerk of the City of Gilroy,
to sign, count ersign and execu'~ e :.:,31,000 principal amount of 8i ty
of Gilroy Eunicipal At1.di torium Bonds of 1940, anc, to take such
action as in the judgment of said City Attorney is necessary or
advisable to provide for the execution, authentication 2nd delivery
of- salcl bonds.
ADGP'llED ATD PASSED this 13th
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February _~ .L.
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day of
'of the folloviin: vote:
AYES:
Councj.lmen: George JJ:.Milias ,Jr. ,Jack Hogers ,James
Battersby,George M.MasonolNat Heiner.
Hm,;;, : Councilmen: None
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AJ";SEI:t: CounciHl,en: George A.J\lartin.
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Appro ed:
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