Minutes 1922/06/05
67
Gilro;y, Calif'., June r"th, 1022.
The reGuluI' wmthly mept1.l1r; or the Comnon Council wlts
called. to order by His Honor ~'ayOl' Jas. Princevalle.
Present Councilmen Elmer J. Chesbro, C. C. IJcst.cr, A. r. Drown,
Wm. Radtke, H. ~I. Martin, Chas. W. Schemel.
Absent CouncibI'1en
None.
The rdnutes 01 meetilll"' of Fay 31'<1 were rC8,(l ft'1cl Ol'llc:-red
'1, T'Tll' overl.
ponrls of oflieers presenterl as follows: Ceo. '~ast()n, ~'arshal,
Surety ~;assachusett.s Panding Co.; T~. Ii'. Hogers, ctt:v Clerk,
sureties H. Hecker, C. R. Willson; Julia Allen, 'J~reasurer, sureties,
H. Hecker, C. R. Willson and A. W. Cox.
By motion of Schemel seconded by Chesbro, it was orelered
that the Bondsof City OfTicers lJc approved.
:Motion by Schemel secomtecl ancl carried: That Hrs. Lopez
be allowecl $10.00 for an apricot. tree ruined while running the
storm sewer through her property.
The regular monthlY bills were then read ancl by motion
duly seconded anel carriccl that bills he allowecl and warrants
ordered (lrawn.
Amount of warrants a1 I.-f'.feel, f:eneral Fund, Q!3532. C~~,
1l. ~_,T. In1p. FUllCl r:o.2, $1~2.14, ~;c'\Ter Ilept. Imp. ~'llnrl Iro. 1,
$~23€. R7, Total Vrar:t;.ant~" fl;P,90l. f1.
The minutes 01 the meetin~ were then tene1 an(1 by motion 01
Brown seconded and carried ordered apnroved.
I,fotion 'by C. W. Schemel seconded by C. C. Lester that the
Council adjourn
SIN1!} DIE.
f/!ll0 :fN2.
C1ti1~erl'.
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Gilroy, Calif., .Tune l'th, 1 ~22.
'fhe ~\.iayor Jas. Princevallc, cal1ecl the newly elected Council
to order for the fil'st Inonthly meeting.
Present Councilmen 1~. J. Ch~sbro, C. C. Lester, A. ~. Drown,
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Wm. Radtlce, Ceral,I Hecker, Chas. "'. Scheri1el.
",,4
The newly clectccl 1'ayor then presented his Ji1Cssage to the
Council also appointed his Committees, Commissions etc. as
follows:
\Vl\YS i\.N.D IwrE.L\J~8
Cm.;~II'J'TEE
C. C. IJester,
E. J. Chesbro,
G. Hecker.
FINANCE
CmlMITTEE
C. C. Lester, C. W. Schemel,
A. W. Brown.
OlUHNANCI'~
CmIMITTEE
C. W. Scheme 1, 'I'm. Rad tIre,
E. J. Chesbro.
FIRE DEPT.
COm!ITTgE
G. Hecker, C. C. Lester,
Vim. Hall tl::e .
POT,ICE
Cm!MI1'TEE
A. W. Drown,
E. J. CheslJro,
c. C. Lester.
WA'ftjft
COHITTF.E
C. W. Sche~el, E. J. Chesbro,
A. w. TIrown.
l
J
STREET DEPT.
Cmli,fITTEE
A. w. Brown, C. w. Schemel,
E. J. Chesbro.
SEWEll
COHMITTEE
r;. J. Chesbro, ".'m. Racltke,
C. C. Bester.
LI CII1'ING
COl.I~IITTEE
Wm. Radtke, A. W. Brown,
fr. Hecker.
BUILDINGS
and
GHOUNU8
COM1IITTEE
Wm. Radtke, C. C. T,ester,
G. Hecker.
BOAHD O}' H:RAI/l'H
PAHK COMMISSION
FOHESTHY nOAHn
J. W. Thayer
H. ~1. ~rartin
Thos. Thomsnn
Geo. Easton
(;eo. A. Wentz
F. C. Staniford
13. W. ~fartin
C. R. '\Tillson
n. A. rentz
"I
I
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Paul JJe~iange
~.r. n. Sanders
.IIi
H. M. Martin
Il. HolI1an
By motion of Schemel, seconded and carried, it was ordeeed:
That the Mayors message be placed (;n file.
69
Motion by Chesbro, seconded by Hadtke ancl carried: That
the appointment of' Committees as made ny the Hayor be hereby
approved.
Motion by Schemel seconded and carried: That Walter (1.
l~'itzf'eralcl is IH'reby ap'Pointecl City Attorney :for the ensnin~
two years.
Motion lJY Radtke sccondccl and carried: 'fhat pernit he
granted Ernest Dowdy to reT.1ove narn :from North to f:outh
Hanna street.
!fotion by Schemel, seconded and carried: That certi:fied
checlr in connection with bid :for sewer pipe be orderecl J'e-
t urnecl to Hart in lIardware Company.
The reports o:f License Collector and City Clerk were
read and by motion o:f Schen~l seconded by Drown ordered ap-
proved and placed on file.
By motion of A. ll{. Brown secondecl lJY 1':. J. Chesbro the
rollowing Resolution was ordered adopted:
B~ IT m~Sf)INP,D ny the {'layor and Comnol1 counc::!l of
Gilroy, that the City of Gilroy entel' into the agreement with
~annie A. Kel1 and Thomas P. !~ell, hpr husband, hereinat"ter eet
forth, and tJlat James Princevalle, ~\fayor of' the City of Cilroy,
and E. F. Rogers, City Clel~l;:, he and they are hereby authorized
Bfld directed to execute saicl agreement on behalt" of said City of
Gilroy, and as mts act and deed.
The agreement which said. \~ayor and City Clerk are here
by authorized to execute on behalf' o:f the City of Gilroy is fully
set forth as follows:
THIS AGnm~1mNT, Made and enterecl into this 29th day of'
;.iay, A. D. lm~2, by and between the Ci.ty of' r:ilr'o~T, a municipal
corporation, party of the i'il'st part, ancl ~,rinl1it~ A. r~e]l and
'i'homas P. Kell, her ]1Ushanrl, parttes of' the second papt,
WIT N E S S ~ T H
That, whereas, platntitT, vs. Thomas P. Kel1 and ~a nnie
A. Eell, his \'rife, No. 25100, insti tutec1 in the Supel~ior Court of'
the State of C l"f
a....l arnia, j_n ancl f'or the County of' Santa Clarq.,
certain Findings of Fact and Conclusions o:f Law were :filer there-
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in on July 11th, 1921, and on July Ilt}l, 1921, a decree or judg-
ment ViaS enterecl in said action; and
Whereas, an appeal has been taken by said defendants to
the Supreme Court of the State of Calif'orniR;
NOW, TmmEF'OHE, it is }lArelJ~" a~reecl 1)y and l)etween the _
parties hereto as follows, to-w:tt:
_iliai!/It
I.
Said parties of the second part a~ree to dismiss said
appeal forthwith.
II.
That the party of the first part may extend and maintain
the 'Westerly enel of the so-called "upper clam" lvith concrete,re-
enforced if necessary, in a direction towards tJle Uvas noad, said
extension to be on a level with the top of the present upper clam
and to reach the bank or banks of said stream, so as to prevent
waters from flowing arOlmcl the sal'1e--saiet extension to he the same
width and measurments as the said upper darn as now constructecl. ....
III.
~ ...
It is agreecl and unelerstnocl that saiel particf-l of' tbe
second part shall have the rigllt to constrllct a 81''1a11 clnPl wibh
necessary filter about fOllr hundred (400) Or' fi V0 hllnclrncl (r,0r)
feet above said upper dam; said dam to be constructed so as to
provide not more than a six (e) inch pressure for a two inch pipe;
said two inch pipe to be carried clown stream and on the outer
eeIge o:f the spillway near the South COl'ner thereof; said two inch
pipe to connect with a ran imlllelliately below the upper dam ofsaicl
party of the first part which ran shall l)e conncctecl wi th a pipe
not to exceed one inch in diameter; said two inch pipe to be used
in connection with saicl ram at all times and not otherwise, it
being the intention of' the parties hereto that sai~ party of the
second part shall be furnished with water to he carried in a one
fh-""1a
,'i;i,
inch pipe and to he usel! l)~T hil!:! fO]' any p1U~r108e that he desires.
Said srrml1 clam referr'ecl to in this paragraph shall be
so constrllctcd that all water not going into said two inel1 pipe
shall pass over said darn and clown stream into the npper dan of the
party or the first part herein.
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IV.
Said narties of the second part agree to cover with
.L
gravel said two inch pipe line froB said upper (lam to said small
dam whereever possible and to cover the sane immediately after its
construction.
V.
It is agreed and understood that said party of the first
part shall have the right to temporarily remove saicl two inch pipe
line at any time for the purpose of naking any necessary repairs
to its upper (lam or forebay or water' works ancl that it shall re-
place the same as soon as possible after said repairs, all at
its own expense.
VI.
Also it IDS agreed am1 understooel that saic1 parties of the
second part shall construct their small dam am1 two inch pipe line
at thtlir own expense and under the supervision of and to the
satisfaction of the City Engineer of said party of the first part;
anll it is further agreed that said parties of the seconcl part shall
give three days written notice to the C1 ty Engineer of the partJT
of the first part of any intended repairs to said small dam or
two inch pipe line and taht said repairs shall be f1Htcle under the
supervision of and to the satisfaction of said City Engineer.
VII.
It is also understnod and agreecl that nothing in the
judgment in the case hereinl)ef'ore ref'erl'ecl to shall be taken or
interpreted to mean that the Ci t:y of Gilroy can ever in the futur'e
at any time take from the Uvas Creek any more water than the amount
R, "
that it is possible to cIi vert f'rom said stream uncler tIle present
system; and by present system is meant the sixe and location of
the present pipe line from the reservoir to the upper darn, and
the upper dam as nev;ly constructed pursuant to the finclil1f!;s of'
the Court in the said action above referred to.
IN WI'l'NESS VrIIEHEOF, the said parties of the second part
have herelmto set their hands, and the City of Gilroy, party of
- the first part, has hereunto, by resolution of its common conncil
caused its name to be hereunto suhscribed hv its ~layor and its
.J It." J.
seal to be hereunto af'fixed llY its Clerk, on the day and year
f'irst hereinbef'ore set forth.
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Co.
Vote, Ayes, Counct~Plen ~. .T. Cheshro, C. C. IJester, A. lIT. nT'OWn, "'-/
Wm. Radtke, Gerald necker, Chas. ~. Schemel;
Noes, CouncilPlcn None; Absent Conncllrlen None.
The TIoarcl of' I"orestry presented corlrnmica tion relati ve
to certain limbs cut f'rom trees lJY a Mr. Greco on Chestnut Street.
~,1otion by TIrown seconded and carried: That ~Iarshal In-
vestigate the cutting of' said limbs and if necessary swear out a
complaint.
By motion of' Schemel seconded and carried it was ordered:
That the Treasurer be instructed to sell $5nnn.00 of' JJiberty Bonds.
Motion by Lester seconded and carried: That the entire ba}-
ance remaining in the Gas W'orks Sinkinp; Fnnd on this date "he trans-
i'errec! to the Gener'al Funcl.
"\iotion by Chesbro secrlmclccl and carried that 011 Metel'S where a
large amount of' water is consumed that allover 100 noo gallons
plus the minimum allowed on saiel meter be calculate(l at 7{ in
p~ace of' 10f, per 1 000 ~allons.
The ClerIc was instructe(l to write letters of' thanks to Mr.
Peter Dunne f'or the use of' moulcl f'or making concrete pipe, also
to Mr. Relph of' the San Jose Water Company f'o1' supplying craw-f'ish
1"'01' reservoir.
the call of' the Chair.
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Adjourned subject to
cfty ClerJr.
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