Resolution 1928/05/02
Motion by Chesbro, seconded by Chappell that the ~ollow-
ing Resolution be passed and adopted:
WHEREAS, the Mayor and Common Council o~ the City of Gilroy
did, on the 11th day o~ April, 1928, pass its Resolution o~
Intention to order the following work done and improvement to
be made in said City, to-wit:
'f~irt ... I1li1li~ben;y . ~tr~ef,~. plmveell from Eigklberry Street to tile SIOUgb, therefore the entire 'cost-and ex-
'ilia,'Northerly li~e,of S.econd Street, I calle. d M,U,.'lerSl.o Ug.h just East of d'
--"'th S uth '"'I' li f S.-th M I ""'-_ pensesbf said, work an Improve-
QUU' . e 0 e,'. y ne 0 lA, ap e ",,,,eet, with catch basins, cor.
St t I' ment, ,ave and except. therefrom
ree '" a so ' · ru_ted iron drain,p4.le. and wall and th e sum:of Two Thousand ($2000.09 "
Tl1at, Second '. Street, .betwaen{he ' apron at~~t. ot'se:Wel'~ '
':~telit~ ~tte~~ f:le~i~o:::i:;' '~b~:~~:_~e:O':,.~~~' :h~pOrJ:: ~~:rsbt~:. ~~~~ fr~mcMr~y~e~r:~
Street; also or porti~iJ of the concrete curbs, be and). hereby made . chargeable
. Tltat Fourth Street..1>etweenth,e 'concrete,.:sutters, concrete . sidewalks against;'andsllll.ll .' beas13essed upon
Easterly line .of E~leberry . .Street andP&v-jnent above descl'ibell ,as saidD.lstrtcJ;;,\' ~reatter. tOI
and '. the Westerly line of Monterey a..re aIr_. y constructed to the'. -liIitl," known. 'P '. '1~P.rcMlm~qt. ~is.. .;
Str t al I1:' NumbedOlle;'"wt1i<?hDilrtrictls ;
'ea'; . so ., ' ~dgra~ . hereinafter reblrred 'to; .....u.. City f au
That Fifth Street, between the 'and excepting also from~e above ated1Y,.....in..,l,b,6'. o. roy,
Westerly City boundary and the described work any and aU pOrtion.. Count:r,;,ofS'ahta. Clara, State of
WeSterly line of Eigleberry Street; thereof :Which are described.m'o~ C~~~Sg;J1aw<<Mr, fl'om'the .8aUt.
also.. ., '. '., , '. .' thanon~,~';or repeated lKlc8:U,seof area as shown upon the map or elia-
That Fif~b, Street, beuyeen the descriptiQJ.l~ecrossing streetS at in.
Easterly Une.. pt" Eigleberrt Street tersections,lt being the intention to gram thereof as ~~oPted by th~,
and the Westerly line of Monterey describe . only one impr~ent at " .~ ,',' d'.. . '. . ..',
Street; also '..... such street crossing, . ..' .... '.'. ' M~Qt ~~Co~on, (JQuncil; ~t~
Tbat Sixth S,treet"Jxltween the That at. 1 s..aid work be ..iiOne ,BC. _~I. p.., 11.. ~li..C. ,.'I3~e. q,.,....IaIl,.~S a.n'd,. PUbli..9..., }Ia.., '
Easterly liJ!e. Qt. Eigl~berry.. $tre~t cording;jo the plans, promes andi I ~e_enot, to ,be ass6!Jsed for .y
and the Westerly line 'of Monterey specifi~*ns therefor, prepared bl. I eXP6n. 'se. s.'. of sani work and I.fuprove.
Street; also H. B.Ffaher, City Engineer of full I ment.
That Sixth Stree4'. between .tb!. City of ,'Gilroy, duly and regularlr". Notice is hereby given that. serial
:master..lY line Of. Monterey.. Street"l adopted sby the Mayor and Common! ~bp~ to.. represent unpaid a8l!~
aD,d the Easterly line of Railroad I Co~ncil on April 11th, 1928, and now; I ltl6J111 ,and bear interest at the rate
Alley; also ',' ....' . ". . " on file, in the office of the CitY~ I ~ ieven per cent. per annwn.,~:
That Martin street, between tht' Clerk of)mid City, and -accordip,g to~ [be issued hereunder, in the ~
Easterly line of MontereY-Street the'-ele.va;tI<qlS and lines and' gradEl1!l' .prOffded by the ~provem.t, Do"
and the Wester:Qr line of ~ilroad as sl1owiJ;on said plans, which sa.id' A-ct of 1915, and amendments ~
Alley; also <'I _ . '.. .'. . PlanS;;Pl.'Ofi. les and specifications ar.'e ~. ,~e .. last 1D,B.t4l1inent of "Wlil?h
That Lew~ Street, 'between the hereby' referred to for the full a bonds shall ihature ten (10 "..
Easterly 'line, ot . . Monterey . $treet detailed ',d. es criP.tiOn of said proposed. I from the 2hd day of July Xl ilo-
and' a point two feet West of the work and improvement. ceeding ten (10) D1ontJUI' i
most Westerly raUbf the Southern' And the said Mayor and Com date. ' ."" ",
Pacific Railwaq..tracks,and between Council (ioes hereby determine Except at hel'eiDa~" . "
a . point two. feet. East. 9fthe m~st declare ~hat the aforesaid work and. I prQYi1\1ed for the lssu' , ' , ' ~
Easterly ~a.,iLof tl+e $OUthern, .~a<;it!!l, improve~ent is of more than local or ,sen11J, ~onds, all o~ ',~
RaUway tracks i,iid the Westerly ordina,rr.:p..'Ublic benefit and wUlaffect po~"or.k S~.,l M .... ....~:..i
line. of Forest St?eet; and ben~fit the ~trict, the bound- an&! of an A(C\' of the LegMat1ltei
T4at the roadways of all of . t1he ary line~; and description of which is. Of the State of California;d8llJpdted
portions of said streets, avenues and shown *~on a map or diagram 0 "The ,lmi;lrovement Aot of .1911, ~ ..ap..
lanes as ~b'ove, 'dEjS'Cl'ibed,and a.llin' said District, prepared by H. B. prQved April 7th, 1911, and amend-
,~ tersections thereon, be improved by Fisher, City Engineer, 'apl!l:OVed by ,mAntA thereto.
grading and constructing and laying the Mayor and Common CoiliicUaJitl
thereon a cement concrete pavement, on file ,;In the office of theClty~
in accord~ith their respective grades Clerk,l\ihich said map or diagram
and In ~-e manner indicated by the' is hereo.y referred to and made a'
pla;ns and specifications hereinafter i part hereof, and is hereby declared
jrefel'J:'ed to; , to be tli~ District benefitted bysueh
I :rs:i~:~~~::e~~~::::~on~~:i~ fl' work and improv~ment, ,~d that,
I a1onk- ~1!) above mentn,med - streetiJ;
f.~1;.~~t
'_d"';"-W',~,'""'""O'~-.,,,~_V"''-_'.''''~'
1 360
I
><=I<~""fc~~~-Ml,,~'~,..,r~~~;;;"':;;~"'~~~~~t.<""'"""W'-=.i!'~4i'\.';i:,Qjiji~~~i':k:i~~~'Cla:;~~.t:iW&%',,,,,-~.'1$'~~iJ'4';;;;'':'20.~~j;;;J:4''!!~
. ...t\-.-'~
AND WHEREAS, certain owners o~ property liable to be assessed
,.
'"'~"'CVIt'
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 for hearing such objections; and
WHEREAS, at the time set for hearing protests or objections
said Mayor and Common Councilproceeded 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
upon the saine,
IT IS HEREBY RESOLVED by said Mayor and Cornman Council that
all or said protests and objections against said proposed work
or improvementand said district to be assessed to pay for the
same be and the same are hereby overruled and denied;
IT IS FURTHER HEREBY RESOLVED by the Mayor and ComlHon Coun-
cil that it appearing to them, they accordingly hereby ~ind
that said protests against work proposed to be ordered as arore-
said and said assessment district were made by the ownersof less
than one-haIr of the area o~ the property to be assessed ~or pro-
posed work.
Vote, Ayes Councilmen C. E. Fredrickson, Jerome Chappell,
Elmer J. Chesbro; Noes, CouncilLlen, Chas. H. Pierce; Absent
Councilmen E. Martin .ohnson, Gerald Hecker.
Motion by Elmer J. Chesbro seconded by C. E. Fredrickson
that Reolution No.6 be passed and adopted as ~ollows:
WBKRBa8, the Mayor and Common Councilor the City of Gilroy
did on the 11th day o~ April, 1928, pass its Resolution of Inten-
tion No. 4--1928, 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 rrom the Af-
fidavit or John N. Hall, now on file in the office of the City
Clerk of said City; and
WHEREAS, the said notices of the passage of the said Resolu-
tion of Intention heaqed "Notice of Improvement", were ftuly and
legally posted along the lines or said contemplated work and im-
provement, and also on and along the open streets and alleys
within the district described in said Resolution or Intention
and shown upon a map or diagram showing the boundary lines of
said district on rile in the office or the City Clerk, and the
district to be assessed ror said work and improvement, in form
and manner as required by law, arter the passage of said Reso-
361
lution o:f Intention, as appears by the Arridavit of' George
Easton, Superintendent o:f streets of' said City of' Gilroy, who
personally posted the same, and who, after the completion of'
the posting of' said notices, filed his A:ff'idavit in the of'-
f'ice of' the City Clerk of' said City, making oath that he com-
19281
pleted the posting of' said notices on the 14th day o:f April,
and
WHEREAS, all protests or objections presented having been
disposed of' in the tllue, f'orm and manner as required by law,
order the proposed work and imlll~ovement.
said :Mayor and Common Council has now acquired. jurisdiction to
IT IS HEnEBY RESOLVED by the Mayor and COlnmon Council that
the public interest and convenience requires the work herein
described, and saiel Mayor and Common Council does hereby or-
der the :following work to be done and improvement to be made
in said City,
to-wi t:
-- '.--0 "- _ __ __n_...
That Eigleberry Street, between Excepting, however, from the
the Northerly line of Second Street a,bove described work such portion I
and the'Southerly line of Sixth or portionfl of the concrete curbs, i
Street; also concrete gutters, concrete sidewalks'-
Tl)a.t 'Second Street, between the and pav~ent above described. a9'l
Easterly - Une of Eigleberry Street are already constructed to the line'
and the Westerly line of Monterey and grade!hereinafter referred to; j!
Street; also and excepting also from the above
That Fourth Street, between the described work any and all portions
Easterly line of Eigleberry Street thereof which are ~scribed more
and the Westerly line of Monterey than once ,or repeated because of
Street; also descriptions recrossing streets at in-
That Fifth Street, between the tersections, it being the intention to
Westerly City boundary and the describe only one improvement at
Westerly line of Eigleberry Street; such streett;croS$ing.
also That aU;!,Jsaid "ork be done B.C-,
That Fifth Street, between the cording to~the plans, profiles and i
Easterly line of Eigleberry Street specifications therefor, prepared by
and the Westerly line of Monterey H. B. Fisher, CitY.Engineer of the
Street; also City of Gilroy, duly and, regularly
That Sixth Street, between the adopted by the Mayor and Common
Easterly line of Eigleberry Street.' Council on April 11th, 1928, and now
and the Westerly line of Monterey on file in the office of the City
Street; also Clerk of saId City, and according to
That Sixth Street, between the, the elevations and lines and grades
Easterly line of Monterey Street as shown on said plans, which said
and the Easterly line of Railroad plans, profiles and specifications are
Alley; also hereby referred to for the full and'
That Martin Street, between tht'l detailed descrwtion of said proposed
Easterly line of Monterey Street work and improvement.
and the Westerly line of Railroad And the, said Mayor and Common
Alley; also Council does hereby determine and
That Lewis Street, between the declare that the aforesaid work and
Easterly line of Monterey Street improvement is of more than local or
and a point two feet West of the ordinary public benefit and will affect
most Westerly rail of the Southern and benefit the district, the bound-
Pacific Railway tracks, and between ary lines, and description of WhIch is
a point two feet East of the most shown upon a map or diagram of
Easterly ra""of the Southern Pacific said District, prepared by H. B. i
Railway t1"/1cks and the Westerly Fisher, City Engineer, approved by i
line of Forest Street; the Mayor and Common Council and
That the roadways of all o~ the on file in the office of the City
portions of said streets, avenues and Clerk, which said map or diagram
lanes as above described, and all in- is hereby referred to and made a
tersections thereon, be improved by part hereof, and is hereby declared
grading and constructing and layi:ag to be the District benefitted by such
thereon a cement concrete pavement, ,work and improvement, and that
in accord with their respective grades ,therefore, the entire cost and ex:
and in the manner indicated by the ; penses of said work and improve-
plans and specifications hereinafter! ment, save and .except therefrom
referred to; , the sum of Two '1;housand ($2000.00)
Also: for concrete curbs, gutters Dollars, to be paid from the General
and SIdewalks, where they do not Fund of the City of Gilroy, shall I
now exist at places shown on plans, ',be and is hereby made chargeable!
along the above mentioned streets; I against, and shall be assessed upon I
Also, fora. sto~m water sewer to be ! said District, hereafter to be I
constructed In Elgleberry Street from, known as IIilprovement District
Third 'Street, to Sixth Street, in 1 Number One, which District is situ- I
Fifth Street from Carmel 'Street to, ated within the City of Gilroy
E4rleberry Street, and in Sixth Street County of Santa Clara State ot
from Eigleberry Street to the Slough California. '
called Miller Slough just Eallt of Excepting, however, frpm the said
Maple Street, with catch basins, cor- -area as shown upon ~ap or dill.-
rugated iron drain pipe, and wall and I gram thereof as adopted by the
apron at outlet of AAWA1"
Mayor, andComUlon Council, of all
pUblic streets, lames and public ways,
the same not to be assessed fOf any
expenses Of said work and" improve-
ment. . '
Notice is hereby given that serial
bonds to repnlsent unpaid assess-
,ments and bea;r interest at the rate
of seven. per cent. per annum, will
be issued h~eunder, in the manner
provided by 'the Improvement "Bond
Act of 1915" a.a amendlIl,t)nts there-
,to, the last jhstallment' of which
i bonds shall mature ten (10) . years
from the 2nd day of 'Jul, next suc.
ceeding ten (10) monthstrom their
date.
Except as hereinabove otherwise
proVided for the Issuance of said
serial, bonds, all of the herein pro-
posed,w()rk shall be done in pursu-
ance-Of' an Act of the Legislature
of the. Stliteof California, designated
"The Improvement Act of 1911,", ap-
proved April 7th, 1911, and amend-
ments thereto.
1 362
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said work to be done and improvement to be made in said City,
"
--...
as described in the Resolution of Intention No. 4--1928,
~,~
passed by the Mayor and Common Council on April 11th, 1928,
and in accordance with plans, profiles and specirications on
rile in the orrice or the City Clerk, said Resolution of Inten-
tion, plans, profiles and specirications being hereby rererred
to and made a part hereof ror rurther particulars of said
work and improvement and the assessment district.
That said City Clerk is hereby directed to post notice of
said work, together with plans and specirications therefor,
conspicuously for five (5) days on or near the Counci1
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 "Gilroy Evening Dispatch", a
daily newspaper or general 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 specircations
posted or on rile.
All proposals or b~ds orrered shall be accompanied by a
check payable to the City or Gilroy, certiried by a respon-
sible bank, ror an amount which shall not be less than ten
per cent or the aggregate of the proposal, or by a bond ror
the said amount and so payable, signed by the bidder and two
sureties, who shall justiry, before any orricial competent to
administer an oath, in double the said amount, and over and
above all statutory exemptions.
Said sealed proposals or bids shall be delivered to the
Clerk or said Mayor and Common Council, to-wit: Said City
Clerk on or before 8:00 o'clock, P.M. of the 14th day of
May, 1928, said ti~me being not less than ten days from the
time or the rirst publication or said Notice.
Bids will
be opened on said day and hour.
,
Vote, Ayes, Councilmen C. E. FredriCkson, Jerome Chap-
pell, Elmer J. Che8bro; Noes, Councilman Chas. H. Pierce;
Absent Councilmen, E. :Martin Johnson, Gerald Hecker.
Motion bv F.lmA~ T ~~_.