Minutes 1935/04/11
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Gilroy, Calif., April 11, 1935.
The regular adjourned meeting of the Common Council of April
1st, 1935, was called to order by His Honor Mayor Elmer J. Ches-
bro.
Present first' part of the meeting Councilmen Fred C. Boock, s. .
D. Heck, Ben stewart, Geo. A. Wentz, Geo. C. Milias, Jr. Council-
man J. H. Rush appeared later.
:By motion of Councilman Geo. A. Wenj'z, seconded by Councilman
Geo. C. Milias, Jr. Ordinance No. 410 was passed and adopted
after having been read and re-read by title as follows:
An Ordinance amendiig Section 22 of Article IV of Chapter I of
Part I, of the 1funicipal Code of the City of Gilroy, relating to
Claims and demands against the City of Gilroy, and prescribing the
manner and time within which such claims or demands, whether liqui-
d'atadcQr1Jullt-q1iidated, and whether sounding in tort or contract,
shall be presented to said city after such claim or demand shall
have accrued.
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Vote, Aves Gouncilmen Fred C. Boock, Ben stewart, Geo. A.
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";'entz, S. D. Feck, Ci-eo. C. I:Iilias, Jr.; Noes, Councilmen, rone;
Absent Councilman J. E. Hush.
l.;otion by Councilman Geo. 1\... ',:entz, seconde( by Councilman Fred
C. Boock and carried that Ordinance No. 411 be passed and adopted
after having be n read and re-read by title as follows:
An O'dinance prohibiting the I.Iaintenance of gasoline and oil
filling stations within a certain zone specifically described and set
forth in this ordiance, prohibiting the use of sidewalks for vehicle
purposes within ~3aid zone, and further prohibiting the altering or
changingof side~alk and/Or curb grades within aid zone, and imposing
penalties for the violation of any of the provisions of this Ordincmce.
Vote; Ayes Councilmen Fred C. Boock, s. D. rIeck, Ben Stewart,
Geo. ~'-. ,'entz, :ieo. C;. Tr.ilias, ,Tr;
Noes, ':~ouncilmen, None; Li.bsent
Councilmar
J. H. Rust...
c.oull.:: j.l'ncm J. II. Rush appeared CJ.nd VIas noted as present.
By motion of Gee. G. Milla9, Jr., seconded by CounciLllan S. D.
Heck Resolution no. 57 was passed and ~dopted as follows:
f( e s olIA 't" , v J1, IV 0 51
A Resolution adopting a certain agree,::ment made and entered
into as of April 11th, 1935, betwe'::n the City of Gilroy, a municipal
corporntion, party of the first part, Charles E. Sloan of San Fran-
cisco, Colifornia, and Donald C . Brooks of San I.lateo, California,
parties of the cecond part, and Charles H. Kirkbride, Ernest A. ~;'fil-
son and donaldj. Brooks, of ~an 1~teo, California, copartners prac~
ticing Lw under the firm name of Kirkbride, ',Hlsll:m & Brooks, par-
ties of the third part.
::;}I:J:;;].'l.:GAS, t e said Donald C. Brooks as plaintiff recovered a judg-
ment against the said City of Gilroy, as of December 4th,1931, in the sum
of ,r 11,772.67, which judgment was final and no part thereof has been
p8id, and,
\jHL~EAS, an action is now pending wherein Charles E. Sloan is
plaintiff and the said City of Gilroy is defendant, in the Superior
Court of the State of California, in and for the County of Santa
Clara, and
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,iE:L:i.J.:.;AS, each and all of said prties desire to compromise the
aforementioned indebtedness, if G.ny, and the said judgment in the man-
ner.and form set forth in the agreememt herein referred to, and,
'::1I:l2;REAS, 0. proposed contract in vlri ting between s'lid pc,rties
dated Ap::il 11th, 1935, has been presented to the City Council for its
approval and action:
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Nem, TJ:I:GILli'C:::U, be it resolved that the :;ity of Gilroy by
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Gnd through its L:,1yor and Common Counc il does hereby accept the
said agreement and the terms and conditions therein to be per-
formed by the said City of Gilroy) and the said Cornl'lon Council
does hereby authori ze and direct the l:Iayor of said City of Gilroy,
Elmer J. Chesbro, to execute t~e ssid Bgreementand the City Clerk
to attest the signature of said LIyor and affix thereto the se"l of
said City.
Vote, },.yes Councilmen Fred C. Boock, J. E. Rush, S. D. Heck,
Ben stewart, Geo. A. ~entz, Geo. C. Milias, Jr;
No s) Councilmen,
None;
Absent, Councilmen, None.
Motion by Councilman Fred C. Boock,':?econded by Councilman,
J. H. Rush and carrie6 that a - arrant be ordered drawn in the
amount of '.f 4,000.00 in favor of Kirkbride, ',iilson [(no Brooks,
Attorneys for D. C. Brooks and Chas. ~. Sloan in settlement of
of Chas. =. Sloan case in full and partial settlement of D. C.
Erooks suit.
adjourned subject to the call
of the Chair.
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