Minutes 1928/03/22
-1344
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Gilroy, Calif., March 22nd, 1928.
The regular adjourned meeting of the Common Council of
Maroh 21st, 1928, was oalled to order by His Honor Mayor Jas.
Princevalle.
Present Councilmen E. Martin Johnson, C. E. Fredrickson,
Gerald Heoker, Elmer J. Chesbro;
Absent Councilmen Chas.
,
H. Pieroe, Jerome Chappell.
The street Committee reported baok that the protest lists
were insufficient.
By motion of C. E. Fredrickson, seconded by E. Martin John-
son the following resolution was passed and adoptedt
WHEREAS, the Mayor and Common Council of the City of Gilroy
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did, on the 5th day of March, 1928, pass its Resolution of In-
tention to order certain work to be done and improvement to
be made in said City, and describing the distriot in which the
property therein is to be assessed for the work and cost there-
of, reference to which Resolution of Intention is hereby made
and the same is hereby made a part hereof for the disoription
of the work and improvement and the assessment distriot.
AND WHEREAS, oertain property owners of property liable to
be assessed 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 forth ~or hearing suoh objections;
and
WHEREAS, at the time set for hearing protests and object-
ions said Mayor and Common Council proceeded to hear the same,
and all of said protests or objeotions having been heard and
duly considered, and said Mayor and Common Council being re-
quired to pass upon the same
IT ISHEREBY RESOLVED, by said Mayor and Common Council
that all of said protests and objections against said pro-
posed work or improvement, and against said proposed improve-
ment distriot, be and the same are hereby overruled and denied;
IT IS FURTHER HEREBY RESOLVED by the Mayor and Common
Council that it appearing to them, they accoringly hereby find
that said protests and objections against work and improvement
to be ordered as a~oresaid, were made by the owners of less
than one-half of the area of the property to be assessed for
said proposed work.
Vote, Ayes, Councilmen E. Alartin Johnson, C. E. Fredrick-
son, Gerald HeCker, Elmer J. Chesbro; Noes, Councilmen, None;
Absent, Councilmen Chas. H. Pierce, Jerome Chappell.
By motion of E. Martin Johnson, seoonded by Gerald Hecker
the ~ollw'ng Resolution was passed and adopted:
WHEREAS, the Mayor and Common Council of the City of Gilroy
did on the 5th day o~ March, 1928, pass its Reselution of Inten-
tion to order oertain work and improvement to be made in said
City, which Resolution o~ Intention was duly and legally publish-
ed as required by law, as appears from the A~ridavit of John. N.
Hall, now on file in the office of the City Clerk of said City;
and
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WHEREAS, the sid notices of the passage of the said Resolu-
tion of Intention headed "Notice of Improvement", were duly and
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legally posted along the respective lines of said contemplated
work and improvement, and also on and along the open streets
and alleys with in the district described in said Resolution
of' Intention and shown upon a Map or diagram showing the boundary"
lines of said district on file in the orfice of the City Clerk,
and the district to be assessed ror said work and improve-
ment, in form and manner as required by law, af'ter the pas-
sage of' said Resolution of Intention, as appears by the Af-
f'idavit o~ George Easton, Superintendent or Streets of said
City of Gilroy, who personally posted the same, and Who, after
the completion of the posting of said notices, filed his said
Affidavit in the office or the City Clerk of said City, making
oath that he completed the posting of said notioes on the 9th
day of March, 1928; and
WHEREAS, all protests or objections presented have been dis-
posed of in the time, form and manner as required by law, and
said Mayor and Common Council has now acquired jurisdiotion
to order the proposed work and improvement,
IT IS HEREBY RESOLVED by the Mayor and Common Council that
the public interest and convenience requires the work herein
desoribed, and said Mayor and Common Council does hereby order
the work to be done and improvement to be made in said City, as
desoribed in the Resolution of Intention passed by the Mayor
and Common Counoil on March 5, 1928, and in accordance with
plans, profiles and specirications on file in the office of the
City Clerk, said Resolution of Intention, plans, proriles and
specifications being hereby referred to and made a part hereof'
f'or further 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 specifications therefor,
conspiouously for five (5) days on or near the Council Cham-
ber door of Mayor and Common Council, inviting sealed propos-
als or bids for doing the work ordered.
He is also directed
to publish twice in the "Gilroy Evening Dispatch", a daily
newspaper of general circulation, printed, published and cir-
oulated in said City of Gilroy, and hereby designated by said
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Mayor and Common Council for that purpose, a notice inviting
such proposals and referring to the specifications posted or
on file.
All proposals or bids offered shall be accompanied by a
check payable to the City of Gilroy, certified by a respon-
sible bank, for an amount which shall not be less than ten
per centof the aggregate of the proposal, or by a bond for the
said amount and so payable, signed by the bidder and two sure-
ties, who shall justify before any official competent to ad-
minister 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 of said Mayor and Common Council, to-wit, said City
Clerk, on or before 8:00 o'olock P.M. of the 4th day of
April, 1928, said time being not less than ten days from the
time of the first publication and posting of said Notice.
Bids will be opened on said day and hour. The right to re-
ject any or all of said bids is reserved.
Vote, Ayes, Councilmen E. Martin Johnson, C. E. Fred-
rickson, Gerald Hecker, Elmer J. Chesbro; Noes, Councilmen,
None; Absent Councilmen Chas. H. Pierce, Jerome Chappell.
By motion of C. E. Fredrickson, seconded by Elmer J.
Chesbro the following Resolution was passed and adopted.
WHEREAS, the Mayor and Co~non Council of the City of
Gilroy did on the 5th day of March, 1928, pass its Resolution
of Intention to order certain work to be done and improve-
ment to be made in the said City, whioh Resolution of In-
tention is hereby expressly referred to for further particu-
lars ahd said Mayor and Common Council did hereafter on the
22nd day of March, 1928, duly pass its Resolution ordering
work to be done and improvement to be made in said City,
which resolution ordering the work to be done is also refer-
red to for further particulars.
WHEltEAS, the plans and specifications for doing said work
and making said improvement has heretofore been adopted by the
Mayor and Common Council and are now on file in the offioe of
the City Clerk of the City of Gilroy and are hereby referred
to for further partioulars; and
WHEREAS, said Mayor and Comnlon Counoil desire that said
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work be done under the direction of the City Engineer of
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said City and that the assessment be made by said City Engi-
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NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common
Council that they direct, and it is hereby directed that the
aforesaid work shall be done under the direction or the City
Engineer of said City of Gilroy to his satisfaction; and it
is hereby directed that the assessment hereafter to be made in
the proceedings shall be made by the City Engineer of said
City instead of the Superintendent of Streets.
Vote, Ayes, Councilmen E. Martin Johnson, C. E. Fredrick-
son, Gerald Heoker, Elmer J. Chesbro; Noes, Counoilmen, None;
Absent Councilmen Chas. H. Pierce, Jerome Chappell.
Councilman Chas. H. Pieroe then came to the session.
Adjourned until the
regular meeting on
April 2nd, 1928.
City Clerk.
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