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Resolution 948 ."..--~.."",-,"~~~.JI,. RESOLUTION NO. 948 RESOLUTION OF COUNCIL OF THE CITY OF GILROY ACCEPTING FROM THE TRUSTEES OF THE TRUST CREATED BY THE TRUST DEED OF THE ~TE HENRY MILLER SETTING ASIDE THE SUM OF $15,000 AS A FUND, THE INCOME OF WHICH WAS DISTRIBUTABLE TO THE POOR OF GILROY AT CHRISTMAS- TIME, AND AUTHORIZING THE MAYOR OF THE CITY OF GILROY TO EXECUTE THE AGREEMENT REQUIRED TO OBTAIN DISTRIBU- T ION TO SAID CITY OF SAID FUND PURSUANT TO THE ORDER OF COURT MADE IN THE SUPERIOR COURT OF THE COUNTY OF SANTA C~RA ON THE 1ST DAY OF JULY, 1965. WHEREAS, Henry Miller, a very large landholder and stockman of the State of California, died in the year 1916 and in the year 1913 the said Henry Miller made a Declaration of Trust in which he gave to trustees therein named the sum of Fifteen Thousand Dollars ($15,000.00) to be set aside by said trustees in a fund to be known as the "Poor of Gilroy Fund" and to invest the same so as to derive income therefrom and apply said income to the poor of Gilroy at Christmastime, and the said trustees did set aside the sum of Fifteen Thousand Dollars ($15,OOO.00) and estab- lished said fund in accordance with the said trust deed, and they and their successors in interest have continued to hold and administer said fund down to the present time; and WHEREAS, the present trustees of said fund did on the first day of July, 1965, in a proceeding instituted in the Superior Court of the State of California, in and for the County of Santa Clara, obtain an order of the said Court in proceeding No. 166333 of the Clerk's Records of the Civil Department of said Court authorizing the said trustees to transfer, deliver, and pay over the said fund to the City of Gilroy to be administered by the said City in accordance with the said decree, upon the execution by the said City of an agreement so to do, and the City of Gilroy is willing to accept the said sum subject to said conditions and to execute said agreement. (l) {j46 "._._,...,..II<""'_~'";,,,,,,,,,,,,,,,,,~__o",,""-'> NOW, ~EREFORE, BE IT RESOLVED that the City of Gilroy does hereby accept the transfer and delivery of the said fund and the assets thereof to it to be held and administered as a trust, to invest the same and pay the income thereof to the poor of Gilroy at Christmastime of each year in accordance with the judgment of the Court made by the aforesaid Superior Court of the County of Santa Clara, on the 1st day of July, 1965, that the said City of Gilroy enter into an agreement with the trustees of the said trust to carry out the provisions of the aforesaid judgment and that the mayor of said City be and he is hereby authorized to execute said agreement on behalf of the City of Gilroy. PASSED AND ADOPTED this 19th day of July, 1965, by the following vote: AYES: COUNCILMEMBER Allemand, Eckard, Goodrich, Quartiroli, Wentworth and Petersen. NOES: COUNCILMEMBER None. ABSENT: COUNCI LMEMBER Duffin. APPROVED: ~~~ Mayor ATTEST: j G'" ~ l \_ ( // l/rA.1 Ci-1m.,(_) City Clerk ~) (1 (2) I, SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 948 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th day of July , 19-2..2..., at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 20th day of Julv