Minutes 1928/05/02
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Gilroy, Calif., May 2, 1928.
The regular adjourned meeting 01' the Common Council of
April 27th, 1928, was called to order by His Honor Mayor Jas.
Princevalle.
Present Councilmen Chas. H. Pierce, C. E. Fredrickson, Jerome
Chappell, Elmer J. Chesbro;
Absent Councilmen E. Martin John-
son, Gerald Hecker.
The Mayor announced that the meeting was called for the pur-
pose of receiving reports on the protests presented.
The City Engineer and street Committee reported that the
protests represented less than 20 per cent of the area affected
by the proposed work.
Motion by Chesbro, seconded by Chappell that the follow-
ing Resolution be passed and adopted:
WHEREAS, the Mayor and Co~non Counoil of the City of Gilroy
did, on the 11th day of April, 1928, pass its Resolution of
Intention to order the following work done and improvement to
be made in said City, to-wit:
''l'hat l\l~~berry ~tr..e~f,. petw:e~.D from Eig.leberry, .Stre. e tto the SlOugh. 'th~~efore the entire 'cost-aJld ex.
ilia . Northerly Une ,.ofS. e. '.coria Street I called M1llerSlough just East of ' . .
h S uth '''''1 Ii f S.-tJi penses .Of said. work and Improve-
and t e 0 e. y ne 0 1A' . , Maple Street, with catch basins, cor- th f
I ment. Itave and except. ere rom
Street; also. . ru,g-kted iron drain .PiP,. e. and wall and '" 00\
I.h the sum <.of Two Thousand ($2000,..[
That, ...Secoqd Stree.t.b. et,w",een .......t: e.. apron at ~tl"'t ot sewer. '.. . . ' l'
I S '::~ Dollars 'to be paid from theG~nera .
Easterly liD.e.ot ]j)igleban'Y. treat Excepfg' however,:~ the GUt shall
lmd the Westerly lin~ of :Mdnterey 'aboved(lCtibed work such portion Fund bf the City. of 01,.. . .
Street; also or porti~s of the concrete curbs. be and Ji hereby .JIia.4e.. chargeable
. That Fourth Street"between .~e 'concrete.gutters, concrete sidewalks against;andshallbe~$essed. ~IlOD
Easterly line.. of. Eiglebem . Street and pavjment above described '..as ~~:wu.~::ric~J~~::Jh:, .ttie1t:C
and the WesterIy line of :Monterey are alrea~y constructed tothe'~ Number}O:l1e."'wti!ch'i>iiti'ietlJJ~'
Street; also .' . ' ~dgra~ . hereinafter re~red'to; ated wtthin..,t.b..e' City of GUroy,
That Fifth'. Stieet,between the 'and excepting also from the above .' . S t f
Westerly Clity boundary and the described work any aIld aU' IlOrttbnli. County5ofSltnta Clara, ta eo'
. f Eigl b Str t . .,., CaUf01Jl~ ' \
Westerly line 0 e erry ee; thereof Which are describe~.>niot~ "ExeePtllig;,)1owEiVet. trom,the'~
also. . ,. . ., ,...., than onc~or repeated becaUSe 'of h th ap or aia
That Flfth Stre~t, betlteen. tlle descriptioP.~ecrossing streets at fu. ~rea as s own upon e m -
Easterly tiliEi pt^ Eigleberrt Street tersections.it beiIlgthe intention to gram thereof as ~~oPted by tI1~.c
and the Westerly lllieot Monterey describe . only one impro.ent at " ." .". .... ..' ",
Street; also ", such street crossing. . ......... ,'.. . ~ydt a'~COm~on, PQuncllJ.~.~.
TJIat Sixth S.tre~ta_~tween tJ1e That at..... 1 s.a. id work be .,jOne ,,11..<;/.' p...\i.. 1111..C. s~.etll., '.. laDi......~s at'R\.. ,.,JlUbU.~.o.1ta '.. .
Easterly liJ!e. of Eigl~beri'y"f)tre~t cording to the plans, proibes andt I ~e.~ .notto,J')e ass~sed .ftjr ~1
.and the Westerly lineot Monter6t speCifiC~tfp.... ns therefor. prepared b~. '.1 expett. .s.e. s of sam work and iibpro'te.
Street; also H. B.FiSher, City Engineer of tb~ I ment.
That Sixtli Streeti- between thf City of Oil roy, duly and regularl"".' Notice is hereby given tha~ serial
Easterly line of Monte.-ey.. str.ee~ adopted by the Mayor and Common! fbp. to. represent unpaid aa-,....
and the Easterly line of Railroad Council on April 11th. 1928. and now; lfl.. ........ "and bear interest at ...t:I1e.,,". .r.. '"....e:.....'
Alley; also ,.' '. . ..... ". on' file. in the office of the City~ I ~ le'!en per cent. per ann1Jlll,;~m
That Martin street. between the Clerk otsaid City, and accordipg tolbe issued hereunder, in the~1l
Easterly lineot :Monterey ,Street the'elev"tioJ,1S and lines and' grad~' .provUled by t,he. ~proV;l'l~..;B9J,J4
and the Westerly line of Rlilllroad as shown on said plans, which saide A:ct ot1915, 8JId am.ndJD,en~'}:b,\ll'e'f
Alley; also <J _ .' . '.' .' plans; profiles and specifications ar .tfi',~e clast, m,s.tli.1ltDent. ot.J'W~~
That Le.wis Street, between.the hereby referred to for the full a l,onds shall if1a~\lre ten..( .
Easterly , line of .?donterey .l;Jtreet detailed description of said proposed. from the 2nd day of July
and a poJni two teet West of the' work and improvement. '. ceading ten (10) IdontlUt
most Westerly raHo! the Southeml And the said Mayor and Comrllt#; date.
Pacific Railwa<y .tracks.and between Council (ioes hereby determine -aiW Except a& heteiJla,
a. point two f.eet~stofthl'lm6$t declare that the aforesaid work and proYi!Jed for the IsslJi
Easterly :t;a)Lof ~e ~utl1el1l ,J;'ac,~w, . improvelil;ent is of more than .local or ,se~ bonds. all o~ ~
Railway tracks pd the Westerly ordinllry,public benefit and will affect p()~ :Work s~l1 b~ .... .. .. . '. '. -,
line of Forest Sfi"eet; and beIlefit the d~trict, the bound- an~. of. an Act of .tIle LetMlt\tte \
That the roadways. of all of .lbe ary line$,i and description of Which is- i1f the state of Californi~'d~
portions of said streets. avenues and shown lipon a map or diagram 0 "The ,Improvement AfK.,of,Ul1.~,apo
lanes as tltJovedesertbed,.:alid'au in;' said District, prepared by H. B. prQve.d April 7th. 1911, aJld amend-
ters6ctions thereon. be improved by Fisher. City Engineer. 'aPttr(!ved 'Ill . mAntA thereto.
grading and constructing and laying the Mayor and Common CciuueilaIltl
thereon a 'cemen.t concrete pavement. I on file'iin the office of the City'
in accord ,With their respective grades. Clerk. .which said map or diagram
. and in tli'!S manner indicated by the' is hereby referred to and made a'
plans an4: specificattons hereinafter I part hereof. and is hereby declaret'!o
i referred tb; . to be tlie District benefitted bysuC;h
I :rs:~ifS~~::!~~~:?onN~:~~ fl' work and improv~ment. .~d that.
Ia.!ong ~:a))oTe men\19Ded - streetiJc;
Ilf~~:~.l
360
AND WHEREAS, certain owners of property liable to be assessed
"
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b'.,,,-,,,,,'i:
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 for hearing suoh objeotions; and
WHEREAS, at the time set for hearing protests or objections
said Mayor and Common Councilproceeded to hear the same, and all
of said protests or objeotions having been heard and duly oon-
sidered and said Mayor and Common Council being required to pass
upon the saine,
IT IS HEREBY RESOLVED by said Mayor and Common Council that
all of said protests and objections against said proposed work
or improvementand said district to be assessed to pay for the
same be and the same are hereby overruled and denied;
IT IS FURTHER HEREBY RESOLVED by the Mayor and Common Coun-
cil that it appearing to them, they accordingly hereby find
that said protests against work proposed to be ordered as afore-
said and said assessment distriot were made by the ownersof less
than one-half of the area of the property to be assessed for pro-
posed work.
Vote, Ayes Counoilmen C. E. Fredrickson, Jerome Chappell,
Elmer J. Chesbro; Noes, Councilmen, Chas. H. Pierce; Absent
Councilmen E. Martin ~ohnson, Gerald Hecker.
Motion by Elmer J. Chesbro seconded by C. E. Fredrickson
that Reolution No.6 be passed and adopted as follows:
WHlmBAS, the Mayor and Common Council of the City of Gilroy
did on the 11th day of April, 1928, pass its Resolution of Inten-
tion No. 4--1928, to order certain work and improvement to be
made in said City, which Resolution of Intention was duly and
legally published as required by law, as appears from the Af-
fidavit of John N. Hall, now on file in the office of the City
Clerk of said City; and
WHEREAS, the said notices of the passage of the said Resolu-
tion of Intention heaqed "Notice of Improvement", were &uly and
legally posted along the lines of said contemplated work and im-
provement, and also on and along the open streets and alleys
within the distriot desoribed in said Resolution of Intention
and shown upon a map or diagram showing the boundary lines of
said district on file in the office of the City Clerk, and the
district to be assessed for said work and improvement, in form
. "".-..',.-.')--..."""":'..'-".w'....=..._
and manner as required by law, after the passage of said Reso-
361
lution of Intention, as appears by the Aff'idavit of' George
Easton, Superintendent of' streets of said City of Gilroy, who
personally posted the same, and Who, af'ter the completion of
the posting of said notices, filed his Af'fidavit in the of-
f'ioe of the City Clerk of said City, making oath that he com-
pleted the posting of' said notices on the 14th day of' April,
1928J and
WHEREAS, all protests or objections presented having been
disposed of in the time, form and manner as required by law,
order the proposed work and improvement.
said Mayor and Common Council has now acquired jurisdiction to
IT IS HEREBY RESOLVED by the Mayor and Common Council that
the public interest and convenience requires the work herein
described, and said Mayor and Cownon Council does hereby or-
in said City,
der the following work to be done and improvement to be made
to-wi t:
-- Th,;'t. Eigleberry strMtt,.. ,between ~xcepting, - - h~-W~;'~~A. from the
the Nor~er,l1line ,of SecoJld Street a~!e. delil(Q.'ibed work,such pOrtionj
andc,tJie ~utherly I1ne of S~ 1 o.t~io~, of the~rete curbs;,]
StJ:l4let; .also . . . . \ con.,.tes#tters, con~te sidewalk. /
'1'JtatA~eCODd Street, bet:weEt~the and p 'w, nt above/described-at
Easterly-""l1neof Eiglebe:rry.St)'eet are a1' constrU9ted to the ijn~1
and the 'Wefte:rIy.ltiJ,e of l\fonteiey and~. ereinaftet referredtd';]'
Street; . also . . , ,. and e1:~. alsotr9m the above
That. Fourth Street, between tbaq.escrib~'f'itork any and all portions
Easterly line ofEigle~ Street -thereof w.......'lt.,.lCh are...~. Cribed..... m. ate.
and the Westerly, line of Monterey than onciei/iOr rep~~ because. Of
Street; also . . descriptiollff recros~ streets.a(.in-
That Fifth Street, 'between the tersection4i;..Jt beinl'the intention to
'WesterlY Ofty boundapY and: the descr~ onE( 1mprovement at
Westerly line of Ji1igleber~ Street; such' -' .
also T be done B.C- 1
That Fifth Street, between the cor,. profll~"'and
Easterly line of Eigleberry . Street spec.. , prepared by
and the Westerly' line of. Monterey H. B,:' it1'11iJngineer of the
Street; also'", City of ~UrQY. duly and regularly
That Sixth Street, between the adopted by 'the 'Mayor and Common
Easterly line of EiglebEllTY Streetl Co~ncil o:lfi!A.pril 11th, 1928, and now
and the Westerly. line of Monterey on file in..:the office of the City
Street; also . 'Clerk of said, City, and according to
That Sixth Street, between the" the elevat~~ns and lines and grades
Easterly line' of Monterey. . Street! as shown ~ said plans, which said
and the ~sterly line .;ofRl!,llroa,d plans, profiles and specifications are
Alley; also ", herebyrefeired to for the full and
That Martin Street" between the detailed descrwtion 9,f said proposed
Easterly line of . Monterey Street work and .iniproveDient.
and the Westerly'line of Railroad And the'.said Mayor and Common
Alley; also, Council does. hereby determine and
Thl!.t Lewis Street, between the declare th4t the aforesaid .work and
Easterly line of.. Monterey' Street improvement is of more than. local or
and a poiIlt two feet West of the ordinarYPll:blic benefit and will affect
most We8wrly rail ofth~ Southern and benefit the district, the bound-
Pacific Railway tra.cks.and between ary lines, and descrjption of which is
a pointtW4 feet East, ot,themost shown upon a map or' diagram of
Easterl:r, . t , the . Sout4~ ,Pacific, said Disti>jct, prepared by H. B. i
Railway, and . the ..Westerl' Fisher, CitY Engineer, approved by
line of'~ t Street; the Mayor)l,nd Common COtql~.n4;
That the roadways of all ot the on. file in, the officl!... of the,"Cif
portions of said streets, avenues and Clerk, whi,::h said map or diagram
lanes as above described, a.nd hll in- is hereby':'referred to and made II,
iersectionsthereOJl,'be:t~:Yed:by 'part hereof, and is hereby declared
grading and, constructint and laJfng , to be the Jilistrict benefitted by SUCB'
thereon a cement concrete pavement, : work an(F.: improvem and that,
in accord with their respective grades : therefore, ;the en st and ex-
and in the manner indicated by the i penses of '., said. d improve-
plans and :,specifications hereinafter' ment, sa~ and" ... ',. . therefrom
referred to:, '. the. sum of; Two ... . <1'($2000.00)
Also, foru concrete.eurbs, gutters Dollars, to be pa .... .' m the General
and sidewalks" where Ithey. do n~t Fund ofth,e City 'of Gilroy, shall I
now exist at placEIISqQW1l on. planS; I' be and iII., .hereby made chargeable I
along the a. .b. ove melt. til>ned. ....... streets....,.... '.... against, an.. d. shall be assessed upon I
Also, fora storm ~tetsewer to be. said District, hereafter to be I
constructeqJn Eiglebe17-'7' Street mlm i known as' Improv~t, District
Third"Str~t, to Si;tb..S4'e~t, iJl:. Number One, 'W'hiett'J)J,)Jtricf is sitq-
Fifth Street from O~~-Street to ated with,~ ,the :.. CitY",,'of,GUro~
Ei$:lebep:Y Str~et, and in Sixth~treet County of; Sa~. Clara, . State of
from EJgleherry Street to the ~ugh California..,' .' ",J" ". ."
called Mil.ler Slough . Ju..st Eallt of Exce.Pt~.:, hO.W. eve..r.........f.~r . ..1 th.. e...s."-a.1.d.
Maple S~re9t. with catch basiD8, cor- as ~~""'.1~'
rugated ll"01l drain pipe, and wall and sram thereof as adopted by' the
.apro.. at oittIet of R..W....
Mayoralut;,:,'ComIn<.m .Co1lBcil~.. of ..~
~~= . ..t'f:~: :d. '~bMo"wc;
eXJlen~e8 \)t,saidwork . 'V.
ment",.;' 'i," 'Hi' . . ..... . ..,
Notice' Is heooby. given, 'that ser~l
bonds. to' re~sent. unpaid" . assess-
! ment$and' bea.i-' interest at the ra~
of si:rv.~~p&r cent. per annum, ~j)}
be issuE:ld h del', in the manner
PtovideQ' by; Improvement "IlOnd
Aotof U1Gi:_.. "mendnw.p~ ~ere-
,to,.the last'". .;,.11 ent' .of ' which
I ~onds:sball tmatU~l <.(10):' yeth
from the 2nd day1)l';' . . ,luttt, sUc-
ceeding ten' ~'(10) ttu)btr@:1,Jom their
date. ., '<< ,'.;".,. .
JilXcePt. a,' . ,l1ereinabove . otherwise
ll~~d. fo,r;the i ISS'QIP,;Dg8.. of . ~
Bdl'l~t.bpn~j. all of the herem Prl:!'
pO . ... ....tk.,flhall be done. in P1n"Sll-
ancEl' alii< .. Act of the'. ~Legtslattlre-
of 8.lof California, de8~'
"The o~ement Act of,:!8:Ql~,\'ap~
prov.ed ,April 7th, 1911,. ~d amend-.
ments thereto. -
,.:;,.
362
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said work to be done and improvement to be made in said City,
.,
"--'
as described in the Resolution of Intention No. 4--1928,
..--~
passed by the Mayor and Co~non Council on April 11th, 1928,
and in accordance with plans, profiles and specifications on
file in the office of the City Clerk, said Resolution of Inten-
tion, plans, profiles and speoifications being hereby referred
to and made a part hereof for 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,
conspicuously for five (5) days on or near the Counci~
Chamber door of Mayor and Common Council, i.nvi ting sealed
proposals 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 circulated in said City of Gilroy, and hereby designated
by said Mayor and Connnon Council for that purpose, a notice
inviting such proposals and referring to the specifcations
posted or on file.
All prollosals 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 cent of the aggregate of the proposal, or by a bond for
the said amount and so payable, signed by the bidder and two
sureties, who shall justify, before any official competent to
administer 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'Clock, P.M. of the 14th day of
May, 1928, said ti~me being not less than ten days from the
time of the first publication of said Notice.
Bids will
be opened on said day and hour.
~
Vote, Ayes, Councilmen C. E. Fredrickson, Jerome Chap-
pell, Elmer J. Che8bro; Noes, Councilman Chas. H. Pieroe;
Absent Councilmen, E. Martin Johnson, Gerald Hecker.
Motion by Elmer J. Chesbro, seconded by Jerome Chap-
pell that Resolution No.7 be passed and adopted as followsl
WHEREAS, the Mayor and Common Council of the City of
..
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Gilroy did on the 11th day of April, 1928, pass its Resolution
of Intention No. 4--1928, to order certain work to be done and
improvement to be made in said City, whioh Resolution of Intention
is hereby expressly.referred to'for further particulars and said
Mayor and Common Council did hereafter on the 2nd day of May, 1928,
d~ly 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 referred to for further particulars.
WHEREAS, the plans and specifications for doing said work and
making said improvement have heretofore been adopted by the Mayor
and Common Counoil and are now on file in the office of the City
Clerk of the City of Gilroy and is hereby referred to for further
partioulars; " and
lfiaEREAS, said mayor and Common Council desire that said work
be done under the direction of the City Engineer of said City
and that the assessment be made by said City Engineer.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and CODlllon Coun-
oil that they direct, and it is hereby directed that the afore-
said work shall be done under the direction of the City Engineer
of said City of Gilroy and to his satisfaction; and it is hereby
directed that the assessment hereafter to be made in the proceed-
ings shall be made and signed by the City Engineer of said City
instead of the Superintendent of Streetso
Vote, Ayes, Councilmen C. E. FredriCkson, Jerome Chappell,
Elmer<:J. Chesbro; Noes, Counoilmen, Chas. H. Pierce J Absent
Councilmen, E. Martin Johnson, Gerald Heoker.
Motion by Chesbro weconded by Pierce and carried: That a war-
rant in the amount of $ 100.00 be ordered drawn in favor of L.
W. Wheeler of the Bodfish Canyon Celebration Commdttee.
Adjourned unt~1Tuesday
(3 ~. ~,-
evening, May -M'=. 1928.
G. ~ rJ? V7jAAA.
City Cler'J.
.