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Minutes 1929/07/24 440 Gilroy, Calif. July 24th, 1929. The regular adjourned meeting of the Common Council of July 22nd, 1929, was called to order by His Honor, Mayor Jas. Prince- valle" Present Councilmen Walter G. Fitzgerald, E. Martin Johnson, C. E. Fredrickson, John A. Clark, Irvin HOllister, Elmer J. Chesbro; Absent Councilmen, None. "- -\ - The attorney for the protestants requested permission to address the Council prior to the recording of report by the Engineer and by motion of Chesbro, seconded by Hollister., the request was granted. , By motion of E. Martin JOlmson, seconded by Elmer J. Ches- bro, Resolution No. 26-1929 was passed and adopted. ~ RESOLUTION NO. 26-1929 OVERRULING PROTESTS. WHEREAS, the Mayor and Common Council of the City of Gil- roy did, on the first day of July, 1929, pass its Resolution of Intention No. 23-1929, to order certain work to be don~ and improvement to be made in said City, and descr.ibing the district in which the property therein is to be assessed for the work and cost thereof, reference to whicn Resolution of Intention is hereby made and the same is hereby made a part hereof for the description of the work and improvement and the assess- . ment district; and, WHEREAS, certain prope~y 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 tban the hour set for hearing such objections; and, WHEREAS, at the time set for hearing protests and objec- tions said Mayor and Common Council proceeded to hear the same, and all of said protests or objections having been heard L.-..__~.______~~._~___.________.._,~_~_____.. -, 441 and duly considered, and said Mayor and Common Council being required to pass upon the same; IT IS HEREBY RESOLVED, By said Mayor and Common Council t that all of said protests and objeotions against said proposed work or improvement, and against said proposed improvement dis- trict, be, and the same are hereby overruled and denied; IT IS FURTHER HEREBY RESOLVED, By the Mayor and Gommon Coun- cil that it appearing to them, they accordingly hereby find that said protests and objections against said work and improvement to be ordered as aforesaid, were made by the owners of less than one-half of the area of the property to be assessed for said pro- ( ) posed work. VOTE: Ayes, Councilmen E. Martin Johnson, C. E. Fredrickson, JOhn A. Clark, Irvin HOllister, Elmer J. Chesbro; Noes, Counoil- man Walter G. Fitzgerald; Absent, Counoilmen None. Motion by E. Martin Johnson, seconded by Irvin HOllister, that Resolution,No. 27-1929, be passed and adopted. RESOLUTION NO. 27-1929 ORDERING THE 'NORK. ., "':ot WHEREAS, the Mayor and Common Council of the City of Gilroy \ did, on the first day of July, 1929, pass its Resolution of In- tention No. 23-1929 to order oertain work and improvement to be made in said City, whioh Resolution of Intention was duly and legally published as required by law, as appears from the affi- davit of Allene Eustioe, now on file in the office of the City Clerk of said City; and, WHEREAS, the said notioes of the passage of the said Reso- lution of Intention headed "Notice of Improvement", were duly and legally posted along the respeotive lines of said contemplated work and improvement,' and also on and along the open streets and alleys within the distriot described in said Resolution of In- tention and shown upon a Map or diagram showing the boundary lines of said district on file in the offioe of the City Clerk, and the district to be assessed for said work and improvement, in form and manner as required by law, after the passage of said Resolu- tion of Intention, as appears by the affidavit of George Easton, Street Commissioner of said City of Gilroy, who personally posted the same, and who, after the completion of the posting of said notioes, filed his said affidavit in the office of the City Clerk of said Oity, making oath that he completed the posting of said ~"-_ .+- __ -..J- 442 notices on the 6th day of July, 1929; and, WHEREAS, all protests or object~ons presented have been disposed of in the time, form and manner as required by law, and said Mayor and Common Council has not acquired jurisdiction to order the proposed work and improvement. .~;.::::.. ::< "U "" J' '-- I---i ~ .... IT IS HEREBY RESOLVED By the Mayor and Common C~uncil that the public interest and convenience required the work herein de- scribed, and said Mayor and Common Council hereby order the work to be done and improvement to be made in said City, as described in the Resolution of Intention passed by the Mayor and Common '. "'"IlI . Council on July first, 1929, and in accordance with plans, pro- files and specifications on file in the office of the City Clerk, sataResolution of Intention, plans, profiles and specificiations being hereby referred to and made a part hereof for further par- ticulars 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 speclrications therefor, con- spicuously for five (5) days on or near the Council Chamber door of Mayor and Common Council, inviting sealed proposals or bids for doing the work ordered. He is also directed to publish twice in the "Gilroy Evening Dispatch", a dilily newspaper of general cir- culation, printed, published and circulated in said City of Gil- roy, and hereby designated by said 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 responsible bank, for an amount which shall not be less than ten percent 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 justi- fy, before any official competent to administer an oath, in double the s aid amount, and over' and above all statutory exemptions. ..".. ..... VOTE: Ayes, Councilmen E, Martin Johnson, C. E. Fredrickson, John A. Clark, Irvin Hollister, Elmer J. Chesbro; Noes, Council- man Walter G. Fitzgerald; Absent, Councilmen None. Motion by E. Martin Johnson, seconded by Elmer J. Chesbro, that Resolution No. 28-1929 be passed and adopted: RESOLUTION NO. 28bl929 DIRECTING THE WORK TO BE DONE UNDER THE DI~ECTION OF CITY ENGlliEER. ,II 443 / WHEREAS, The Mayor and Common Council of the City of Gilroy did, on the first day of July, 1929, paBS its Resolution of Intention No. 23-1929, to order certain work to be done and / ..... improvement to be made in the said City, which Resolution of In- tention is hereby expressly referred to for further particulars and 'said Mayor and Common Council did thereafter, on the 24th .. day of July, 1929, 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 referred t6 for further particulars. WHEREAS, the plans and specifications for doing said work and making said improvement haveheretofore been adopted by the l" Mayor and Common Council and are now on file in the office of the City Clerk of tne City of Gilroy and hereby referred to for further particulars; and, WHEREAS, 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 Oity Engineer; NOW THEREFORE, Be It RESOLVED By the Mayor and Common Coun- cil 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 pro- ceedings shall be made and signed by the City Engineer of said City instead of the Street Commissioner. VOTE: Ayes, Councilmen E.Martin JOhnson, C. E. Fredrick- son, John A. Clark, Irvin Hollister, Elmer J. Chesbro; Noes, Councilman Walter G. Fitzgerald; Absent, Councilmen None. Motion by E. Martin Johnson, seconded by John A. Clark, that Resolution No. 29-1929 be passed and adopted. RESOLUTION NO. 29-1929 FIXING COMPENSATION OF CITY ENGINEER RESOLVED, By the Mayor and Common Council of the City of Gilroy that the compensation of the City Engineer of said City for all engineering services heretofore rendered and hereafter to be rendered by him in connection with and incidental to the work to be done and improvement to be made in &dd City, as said work and improvement are indicated and described in "Resolution No. 4-1929 Adopting Plans and Specifications", which Resolution was passed and adopted by the Mayor and Commnn Gouncil of said 444 C:ity on the 22nd day of May) 1929, and is hereby referred to and made a part hereof, be, and said compensation ~s hereby ~ - w ~ '-- ~ fixed at the sum which shall be seven percent of the contract price of said work and improvement. VOTE: Ayes, Councilmen E. Martin Johnson, C. E. Fredrick- son, John A. Clark, Irvin Homlister, Elmer J. Chesbro; Noes, C<>uncilman Walter G. Fitzgerald; Absent, Coun(,')ilmen none. '" 4 Motion of John A. Clark, seconded by Irvin Hollister, that Resolution NO. 30-1929 be passed and adopted. RESOLUTION NO. 30-1929 OVERRULING PROT~~TS. WHEREAS, the Mayor and Common Council of the City of Gilroy did, on the first day of July, 1929, pass its Resolution of In- tention No. 24-1929, to order certain work to be done and im- provement to be made in said City, and describing the district in which the property therein is to be assessed for the work and cost thereof, reference to which Resolution of Intention is hereby made and the same is hereby made a part hereof for the description of the work and improvement and the assessment district; and, WHEREAS, certain 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 for hearing such objections; and, WHEREAS, at the time set for hearing protests and objec- tions said Mayor and Common Council proceeded to hear the same, , '~ and all of said protests or objections having been heard and duly considered, and said Mayor and Common Council being re- quired to pass upon the same; IT IS HEREBY RESOLVED By said Mayor and Common Council that all of said protests and objections against said proposed work or improvement, and a~ainst said proposed improvement district, be, and the same are hereby overruled and denied; F- ~ IT IS FURTHER HEREBY RESOLVED By the Mayor and Common Council that it appearing to them, they accordingly hereby find that said protests and objections against said work and improvement to be ordered as aforesaid, 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. Martin Johnson, C. E. Fredrick- son, John A. Clark, Irvin HOllister, Elmer J. Chesbro; Noes, 445 Councilman Walter G. Fitzgerald; Absent, Councilmen None. Motion by E. Martin Johnson, seconded by C. E. Fredrick- son, that Resolution No. 31-1929, be passed and adopted. RESOLUTION NO. 31-1929 ORDERING THE WORK. WHEREAS, the Mayor and Common Council of the City of Gil- roy did, on the first day of July, 1929, pass its Resolution of Intention No. 24-1929 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 affidavit of Allene Eustice, now on file in the office of the City Clerk of said City; and, WHEREAS, the said notices of the passage of the said Reso- lution of Intention headed "Notice of Improvement", were duly and legally posted along the respectiye lines of said contemplated work and improvement, and alsQ on and along the open streets and alleys within the district described in said Resolution of Intention and shown upon a map or diagram showing the bound- ary lines of said district on file in the office of the City Clerk, and the district to be assessed for said work and im- provement, in form and manner as required by law, after the passage of said Resolution of Intention, as appears by the af- fidavit of George Easton, Street Commissioner of said City of Gilroy, who personally posted the same, and who, after the com- pletion of the posting of said notices, filed his said affidavit in the office of the C:ity Clerk of said City, making oath that he completed the posting of said notices on the 6th day of July, 1929; and, WHEREAS, all protests Or objections presented have been disposed of in the time, form and manner as required by law, and said Mayor and Common Council has now 'acquired jurisdiction to order the proposed work and improvement,. IT IS HEREBY RESOLVED By the Mayor and Common Council that the public interest and convenience required the work herein described, and said Mayor and Common Council does hereby order the work to be done and improvement to be made in said City, as described in the Resolution of Intention passed by the May- or and Common Council on July first, 1929, and in accordance with plans, profiles and specifications on file in the office of the City Clerk, said Resolution of Intention, plans, pro- , ~ 446 ,~ files and specifications being hereby referred to and made a part hereof for further particulars of said work and improvement and the assessment district. ~ ,..,~ v '" - ~ , That said Oity Clerk is hereby directed to post notices of said work, together with plans and specifications therefor, conspicuously for five (5) days on or near the Council Chamber door of Mayor and Common Council, inviting sealed proposals or bids for doing the work ordered. He is also directed to publish twice in the "Gilroy Evening Dispatchlt, a daily newspaper of gen- eral circulation, printed, published and circulated in said City of Gilroy, and hereby designated by said 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 ~ayable to the City of Gilroy, certified by a responsible bank, for an amount which shall not be less than ten percent of the aggregate of the proposal, or by a bond for the said amount and so payable, before any official competent to administer an oath, in double the said amount, and over and above all statutory exemptions. ~ .. VOTE: Ayes, Councilmen E. Martin JOlmson, C. E. Fredrick- son, John A. Clark, Irvin HOllister, Elmer J. Chesbro; Noes, Councilman Walter G. Fitzgerald; Absent, Councilmen, None. Motion by C. E. Fredrickson, seconded by John A. Clark, that Resolution No. 32-1929 be passed and adopted: RESOLUTION NO. 32-1929 DIRECTING THE WORK TO BE DONE UNDER THE DIRECTION OF CITY mGINEER WHEREAS, the Mayor and Common Council of the City of Gil- roy did, on the first day of July, 1929, pass its Resolution of Intention No. 24-1929, to order certain work to be done and im- provement to be made in the said City, which Resolution of Inten- tion is hereby expressly referred to for further particulars and said Mayor and Common Council did thereafter, on the 24th day of JUly, 1929, duly pass its Resolution ordering work to be done and improvement to be made in said City, which Resolution order- ing the work to be done is also referred to for further particu- ... lars. WHEREAS, the plans and specifications for doing said work and making said improvement have heretofore been adopted by the Mayor and Common Council and are now on file in the office of the 447 City Clerk of the City of Gilroy and hereby referred to for -- further particulars; and, WHEREAS, 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 nade by said City Engineer. NOW, THEREFORE, Be It RESOLVED By the Mayor and Common Council that they direct, and it is bereby directed that the aforesaid 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 proceedings shall be made and signed by the City Engineer of said City instead of the Street COmm1s&oner. VOTE: Ayes, Councilmen E. Martin Johnson, C. E. Fredrick- - son, John A. Clark, Irvin Hollister, Elmer J. Chesbro; Noes, Councilman Walter G. Fitzgerald; Absent, Councilmen None. By motion of John A. Clar14 seconded by E. Martin JOhnson, Resolution No. 33-1929 was passed and adopted: RESOLUTI~ NO. 33-1929 FIXING COMPENSATION OF CITY ENGINEER. ~.'---;--.1 RESOLVED By the Mayor and Common Council of the City of Gilroy, that the compensation of the City Engineer of said -... City for all engineering services heretofore rendered and here- after to be rendered by him in connection with and incidental to the work to be done and improvement to be made in said City, as said work and improvement are indicated and described in "Resolution No. 7-1929 Adopting Plans and Specifications, It which Resolution was passed and adopted by the Mayor and Common Council of said City on the 22nd day of May, 1929, and is hereby referred to and made a part hereof, be and said compensation is hereby fixed at the sum which shall be seven percent of the con- tract price of said work and improvement. VOTE: Ayes, Councilmen E. Martin Johnson, C. E. Fredrick- -;--"", ~.......t son, John A. Clark, IrYin HOllister, Elmer J. Chesbro; Noes, Councilman Walter G. Fitzgerald; Absent, Councilmen none. Adjourned until Monday, August 5th, 1929, at 8:00 O'clock P. M. P JV /; Co, .IJ City Cler (j