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Minutes 1928/03/05 ,-" Gilroy, calif., Mar. 5, 1928. The regUlar monthly meeting or the COlllinOn Council was called to order by ijis Honor Mayor Jas. Princevalle. Present Councilmen Chas. H. Pierce, E. Martin Johns~, C. E. Fred- rickson, Jerome Chappell, Gerald Hecker, Elmer J. Chesbro; Absent Councilmen, None. The minutes of meetings of Feb. 6th, Feb. 20th and Feb. 27th were read and ordered approved. Communications presented as follows: James Currie, Bourett Bro's. and Marie Clark, community nurse, and the same were ordered placed on ~ile. Orricers reports were presented as follows: License and Milk col- lector, Police Judge, City Clerk and Water Collector and by motion of Chesbro, seconded by Hecker and carried, it was ordered: That said reports be accepted and placed on rile. By motion of Fredrickson, seconded by Chappell and carried, it was ordered: That bids for rent of sewer lands be ordered opened. Five bids were read and by motion or Fredrickson, secondeR and car- ried; The matter of award for rent or sewer land was left with the Sewer Dept. Committee. By motion or C. E. FredriCkson, seconded by Elmer J. Chesbro Ordi- nance Number 349 was passed arter having been read and re-read by title, as follows: An Ordinance to amend Paragraph No.4 or Section No. 106,~of Article I, of Part II of the Municipal Code of the City of Gilroy, regulating the sale or milk in the City of Gilroy, and providing a penalty for violating the same. Vote, Ayes, Councilmen Chas. H. Pierce, E. Martin Johnson, C. E. FredriCkson, Jerome Chappell, Gerald Becker, Elmer J. Chesbro, Noes, Councilmen, Hone; ,Absent Councilmen, Hone. By ,motion of C. E. Fredrickson, seconded by Elmer J. Chesbro and .carr~ed Ordinance No. 350 was passed after having been rear and re-read by title as follows:- . An Ordinance amending Article I, of Chapter III of Part III, of the Municipal Code of the City of Gilroy, relating to water rates by adding two new sections thereto to be numbered 354 and 355, and pro- vtding a penalty ror the violation or the same, and repealing all Or- dinances or parts thereof in conflict therewith. q -, C>_,I, Vote, Ayes, Councilmen Chas. H. pierce, E. Martin Johnson, C. . ,,~ ;~ - v c.- '"'- E. Fredrickson, Jerome Chappell, Gerald Hecker, Elmer J. Ches- bro. Noes, Councilmen,-None; AbseBt Councilmen, None. Motion by Fredrickson, seconded and carried: That the Clerk be instructed to write the attorneys representing Chas. E. Sloan and request that the Sloan bill against the City be properly itemized. By motion of E. Martin Johnson, secondeR by Jerome Chappell the following Resolution was passed and adopted, WHEREAS, for the benefit of the sanitary condition of the Ci ty *u have" jlhe garbage of the householders collected regu- larly and deposited in some place where it will not be offensive or unhealthy, there fore be it RESOLVED: That the mayor and City Clerk be and they are hereby authorized to-enter into a contract with Loui Poire authorizing him to gather garbage in the City atid giving to him the exclusive right to dump the same at a place designated by the Sewer Committee of' the Common Council on the sewer dispo- sal farm. Said contract shall provude that Said Louie Poire shalJ,.'pay to the City for such privilege the sum of! One Hundred aDd Twenty ($ 120.00) dollars per annum for a term of one year, said rental to be paid in twelve equal monthly in- stallments on the first day of each month beginning March 1si, 1925, Said contract shall also provide that said Louie Poire, as additional compensation, shall keep clean, at his own expense, the screen in the grit chamber 01' the septic tank at said :farm, and that all the work to be per~ormed by him shall be under the direction and to the satiSfaction of the Sewer Committee o:f the Common Council. Vote, Ayes, Counc*lmen Chas. H. Pierce, E. Martin Johnson, C. E. Fredrickson, Jerome Chappell, Gerald Becher, Elmer J. Chesbro, Noes, Councilmen, None; A~sent Oouncilmen, None. By motion of E. ~artin Johnson, seconded by C. E. Fredrick- SOB and carried the following Resolution was passed and adopt- ed : RESOLVED, that George Easton, be and he is hereby appointed Street Superintendent for the City of Gilroy, he to serve with- out additional compensation; and that his bond be fixed in the sum of Five Hundred ($500.00) Dollars. Vote, Ayes, Councilmen Chas. H. Pierce, E. Martin Johnson, C. E. Fredrickson, Jerome Chappell, Gerald Becker, Elmer J. Chesbro, ~~ ! Noes, Councilmen, None; Absent Councilmen, Bone. By motion of Gerald Hecker, seconded by Elmer J. Chesbro and carried the following Resolution was regularly passed and adopted: RESOLVED, bytha Mayor and Common Council of the City of Gil- roy, that the bond of George Easton, as superintendent of streets of the said City and~sabm*tted this day to said Mayor and Common Council by said George Easton be and the same is hereby approved and accepted. The said bond is hereby ordered filed in the office ~f the City Clerk. Vote, Ayes, Counoilmen, Chas. H. Pierce, E. Martin Johnson, C. E. Fredrickson, Jerome Chappell, Gerald Hecker, Elmer J. Chesbro; Noes, Councilmen, None, Absent Councilmen, None. By motion of E. Martin Johnson, seconded by C. E. Fredriokson and carried the following Resolution was passed and adopted: RESOLVED, by the Mayor and Common Counoil of the City of Gil- roy, that the plans and specifications for the following work to be done and improvementto be made in the City of Gilroy, to-wit. That Eigleberry street, between the Northerly line of Second Street and the southerly line of Sixth stree~ also That Second street, between the Easterly line of Eigleberry Street and the Westerly line of Monterey street; also That Fourth street, between the Easterly line of Eigleberry Street and the Westerly line of Monterey street; also That Fifth street, between the Westerly City boundary and the Westerly line of Eigleberry street; also That Fifth street, between the Easterly line of Eigleberry street and the Westerly line of Monterey Street; also That Sixth street, between the Easterly line of Eigleberry Street and the Westerly line of Monterey street; also That Sixth street, between the Easterly line of Monterey street and the Easterly line of Railroad Alley; also That Martin street, between the Easterly line of Monterey street and the Westerly line o~ Railroad Alley; also That Lewis street, between the Easterly line of Monterey Street and a point two feet West of the Westerly rail of the Southern Pacifio Railway tracks, and between a point two feet East of the most Westerly rail of the Southern Pacific Railway traoks and the Westerly line of Forest street; '11 (.)" ,jdU " .Il:l''1t<t! :~ That the roadways of all the portions of said streets, avenues and lanes as above desoribed be graded and paved with Warrenite Bitulithio wearing surface upon an asphaltio conorete base, in accord with their respeotive grades and in the manner indicated by the plans and specifioations hereinafter referred ~~."1 to; Also, for ooncrete curbs, gutters and sidewalks, where they do not now exist, at places shown on plans, along the above mentioned streets; Also, for a storm water sewer to be construoted in Eigle- berry street from Third street to Sixth Street, in Fifth street from Carmel Street to Eigleberry street~ and in Sixth street from Eigleberry street to the sl,ough called Miller slough Just East of Maple Street, with catch basins, corrugated iron drain pipe and wall and apron at outlet of sewer. Excepting, however, from the above described work such por- tion or portions of the concrete curbs, ooncrete gutters, con- crete sidewalks abd pavement above desoribed as are already con- struced to the line and grade hereinafter rcrcrrcd to; and cx- cepting also frolll the above described work any and all portions thereof which are described more than onoe or repaeted because of descriptions recrossing streets at intersections, it being the intention to describe only one improvement at such street orossing. All of said work to be done to the grade described in and in accordance with the plans, profiles and specifications pre- pared by H. B. Fisher, City surveyor and Engineer, and submit- ted by Said Engineer on the 27th day of February, 1928, and said plans, profiles and specifications be and the same are hereby adopted as and for the plans and specifications for doing said . work, and are hereby referred to for further particulars. Vote, Ayes, E. Martin Johnson, C. E. Fredrickson, Jerome Chappell, Gerald Heoker, Elmer J. Chesbro; Noes, Councilman Chas. H. Pieroe; Absent Councilmen, None. By motion of Elmer J. Chesbro, seconded by Gerald Hecker the following Resolution was passed and adopted: WHEREAS, H. B. Fisher, City Engineer of the City of Gilroy, did on the 27th day of February, 1928, file with the City Clerk a map or diagram showing the boundary lines of the District s~~ ~ which is to be benefit by the improvements set forth in the plans and specifications adopted by the Mayor and Common Oouncil by resolution on the 5th day of March, 1928, re- ference to said map or diagram being hereby made and the same made a part hereof, is hereby adopted as the boundary lines and description of said Improvement District to be and the same is hereby designated as Improvement District No. One, and the District to be benefited by said proposed improvements. Vote, Ayes, Councilmen E. Martin Johnson, C. E. Fredrick- son, Jerome Chappell, Gerald Hecker, Elmer J. Chesbro; Noes, Councilman Chas. H. Pierce; Absent, Councilmen, None. By motion of E. Martin Johnson, seconded by Gerald Hecker the following Resolution was passed and adopted: RESOLVED, by the Mayor and Common Counoil of the City of Gilroy, that the Warrenite-Bitulithic license mixture agree- ment, Dated the 15th day Of February, 1928, and received on this day from Warren Bros., Company, said agreement being in relation to paving with Warrenite-Bitulithic Pavement of the roadways of oertain streets in the City of Gilroy, as set forth in "Resolution adopting plans and speoifioations" whioh reso- lution was passed and adopted by the Mayor and Common Council of the City of Gilroy on the 5th day of March, 1928, and is here- by referred to and made a part hereof, be and said agreement is hereby accepted, as are also the provisions of said War- ren Bros., Company as set forth bher$in, and said agreement is hereby directed to be filed on this 5th day of MarCh, 1928, in the office of the City Clerk oC said City. Vote, Ayes, E. Martin Jobnson, C. E. Fredrickson, Jerome Chappell, Gerald Hecker, Elmer J. Chesbro; Noes, Councilman Chas. H. Pierce; Absent, Councimen, None. By motion of E. Martin Johnson, seconded by Jerome Chappell the following Resolution was passed and adopted: RESOLVED, by the Mayor and Common council of the City of Gilroy, and that it is the intention of the Mayor and Common Council to order the following work and imprvement in said City of Gilroy, to-wit: That Eigleberry street, between the Northerly line of Second street and the Southerly line of Sixth street; also That Second street, between the Easterly line of Eigle- . .::) ;1 0 d"~ ' I-',-:""'~' berry street and the Westerly line of Monterey street; also That Fourth street, between the Easterly line of Eigle- berry street and the Westerly line of Monterey street; also That Fifth street, between the Westerly City boundary and the Westerly line of Eigleberry Street; also That Fifth street, between the Easterly line of Eigle- berry street and the Westerly line or Monterey Street; also That Sixth street, between the Easterly line of Eigle- berry street and the Westerly line of Monterey street; ,....".,.;tJ ..."....~'..~ lWl:f'l',c:.n; also That Sixth street, between the Easterly-line of Monter- ey Street and the Easterly line of Railroad Alley; also That Martin street, between the Easterly line of Monte- rey street and the Westerly line of Railraod Alley; also That Lewis street, between the Easterly line or Monterey Street and a point two reet West of the most Westerly rail of the Southern Paciric Railway traoks, and between a point two feet East of the most Easterly rail of the Southern Pacific Railway traoks and the Westerly line of Forest street; That the roadways or all the portions or said streets, avenues and lanes as above described be graded and paved with Warrenite Bitulithio wearing surfaoe upon an asphaltic con- orete base, in accord with their respective grades and in the manner indicated by the plans and specifications hereinafter rererred to; Also,for concrete curbs, gutters and sidwalks, Where they do not exist at places ShOlVD on plans, along the above mentioned streets; Also, for a stoP.m water sewer to be constructed in Eigle- berry Street from Third Street to Sixth street, in Fifth street from Carmel Street to Eigleberry street, and in Sixth Street from Eigleberry Street to the slough oalled Miller Slough just East of Maple street, with catch basins, corru- gated iron drain pipe, and wall and apron at outlet of sewer. Excepting, however, rrom the above described work such por- tion or portions or the concrete curbs, concrete gutters, concrete sidewalks and pavement above described as are al- ready constructed to the line and grade hereinafter rererred Q 1 __l ~ to; and exoepting also rrom the above desoribed work any " . and all portions thereof which are described more than once or repated because of descriptions recrossing streets at intersections, it being the intention to desoribe only one improvement at suoh street crossing. That all said work be done according to the plans, pro- files and specifications therefor, prepared by H. B. Fisher, City Engineer of the City of Gilroy, duly and regularly adopted by the Mayor and Common Council on March 5th, 1928, and on file in the orfice of the City Clerk or said City, and according to the elevations and lines as shown on said plans, which said plans, profiles and speoifications are hereby referred to for the full and detailed description of said proposed work and improvement. And the said Mayor and Common Council does hereby de- termine and declare that the aforesaid work and improve- mentis of more than looal or ordinary public benefit and will affect and benefit the distriot, the boundary lines, and dsecription of which is shown upon a map or diagram of said district, prepared by H. B. Fisher, City Engineer, approved by the Mayor and Common Council and on file in the offioe of the City Clerk, which said map or diagram is here- by referred to and made a part hereof, and is hereby declar- ed to be the District benefitted by such work and improve- ment, and that, therefore, the entire oost and expenses of said work and improvement, save and except therefrom the sum of Two Thousand ($ 2000.00) Dollars to be paid from the General Fund of the City of Gilroy, shall be and is hereby made ohargeable against, and shall be assessed upon said District, hereafter to be known as Improvement District Num- bar One, which district is situated within the City of Gil- roy, County of Santa Clara, State of California. Excepting, however, from the said area as shown upon the map or diagram thereof as adopted by the Mayor and Common Counoil, of all public streets, lanes and publio ways, the same not to be assessed for any expenses of said work and improvement. The grade to which said work shall be done shall be such - as may be shown on the plans, profiles and specifications 342 therefor, now on file in the office of the City Clerk, refer- ,~ X ence to which is hereby made for a description of such grade. r" 'Ii.r_~qf U:,.....~i Attention is called to Warrenite-Bitulithic License Mix- ture Agreement, of Warren Brothers Company, of Boston, Mass., of date of February 15th, 1928, now on file in the offioe of the City Clerk of the City of Gilroy. Notice is hereby given that serial bonds to represent un- paid assessments and bear interest at the rate of seven per cent. per annum, will be issued hereunder, in the manner provided by the Improvement Bond Act of 1915, and amendments thereto, the last installment of which bobds shall mature ten (10) years from the 2nd day of July next succeeding ten (10) months from their date. Except as hereinabove otherwise provided for the issuance of said serial bonds, all of the herein proposed work shall be done in pursuance of an Act of the Legislature of the State of California, designated "The Improvement Act of 1911," approved April 7th, 1911, and amendments thereto. Notioe is hereby given that on the 21st day of March, 1928, at eight o'clook P. M. at the regular meeting place of the Mayor and Common Council, to-wit: In the City Hall of said City, any and all persons having any objections to the proposed work and improvement may appear before said Mayor and Common Council and show cause why said proposed improve- ment should not be carried out in accordance with this reso- lution.. The Clerk of the City of Gilroy shall cause this resolution to be published twice in the "Gilroy Evening Dispatch", a daily newspaper printed, published and circulated in said City of Gilroy, and hereby designated for that purpose, by said Mayor and Common Council of said City of Gilroy. The Superintendent of Streets of said City of Gilroy shall cause to be conspicuously posted along the lines of said contemplated work or improvement and along the lines of all open streets, lanes, alleys and roads within said Dis- trict as herein adopted and described, notices of the pas- sage of this Resolution of Intention in the manner and form required by law. ':J 4 .c-~ o .L.' Vote, Ayes, Councilmen E. Martin Johnson, C. E. Fredrickson, Jerome Chappell, Gerald Hecker, Elmer J. Chesbro; Noes, Councilman Chas. H. Pierce; Absent Councilmen, None. Councilman Chas. H. Pierce excused for the remainder of the session. Motion by Elmer J. Chesbro, seconded by Jerome Chappell that the rollowing Resolution be passed and adopted. RESOLVED, that when the COlliDlon Co~ncil adjourns it will adjourn to meet on Wednesday, 1iarch 21, 1928, at 8 o'clock, P. M. at the regular meeting place, to-wit: the City Hall of the City or Gilroy. Vote, Ayes, Councilmen E. Martin Johnson, C. E. Fredrick- son, Jerome Chappell, Gerald Hecker, Elmer J. Chesbro; Noes, Councilmen, None; Absent Councilman Chas. II. Pierce. The regular monthly ~ills were then read and by motion of Fredrickson, seconded by Elmer J. Chesbro allowed and warrants ordered drawn. Amount or Warrants allowed $ 3199.59 on the General Fund, $ 652.43 on the Sewage Disposal Imp. Fund or 1927; Total warrants, $ 3852.02. City Clerk. 4