Resolution 948
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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.
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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:
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Mayor
ATTEST:
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( // l/rA.1 Ci-1m.,(_)
City Clerk
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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