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HomeMy WebLinkAbout601N-661Nf C ' RESOLUTION N0:601 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEKENT BETWEEN THE CITY OF SAN LUIS OBISPO AND E. C. REYNOLDS BE IT RESOLVED by the Council of-.the City-of San Luis Obispo as follov:s: That the City of San Luis Obispo enter--.intb that certain agreement dated July 21, 1941, by and between E. C. Reynolds and, the City of San Luis Obispo, relating to-the'lease of one (1) Harley.Davidson Motorcycle (61- Overhead valves), equipped with radio receiving set, said motorcycle bearing serial number 41EL5756. AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be and he is hereby authorized to execute said agree- ment for and on behalf of said City,.which execution shall be attested by the 'City Clerk. PASSED AND ADOPTED this 21st day of July, 1941, by the following vote: AYES:W.H .-Brazil.R.P.Howe11„ Rath C. Kennedy ,F.C.Kimball, Joseph Leary NOES:. None ABSENT. None Qlel mayor ATTEST: City Clerk. �rJ RESOLUTION NO.. 602 (New Series) A RESOLUTION AUTHORIZING THE MAYOR TO MAKE APPLICA- TION TO THE UNITED STATES GOVERMENT THROUGH THE FEDERAL WORKS AGENCY FOR FEDERAL ASSISTANCE IN CON- NECTION WITH A WATER PROJECT. BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: That F. C. Kimball, Mayor of the City of San.Luis Obispo, be and he is hereby authorized to make application to the United States Government, through the Federal Works Agency, for federal assistance in the construction of a water pipe line and water reser- voir, said pipe line connecting with a pipe line now under construc- tion by the United States Army, and making available to the City of San Luis Obispo a supply of water for municipal purposes from water to be impounded by the construction'of a dam in the upper Salinas river,.said dam also being under construction by the United States Army. INTRODUCED AND ADOPTED this 26th day of July, 1941, by the following vote: W.E.Brazil, .T -.:= Ralph- Ralph—Q. Kpggnedy, ; m.: -Tp&@SbjLeasPy NOES: None. ABSENT: None Mayor ATTEST: City Clerk 7 RESOLUTION NO.603 `JO • (New Series) A RESOLUTION NAMING F. C. KIMBALL., MAYOR OF THE CITY OF SAN LUIS OBISPO AS THE AUTHORIZED CORRES- PONDENT-OF SAID CITY IN CONNECTION WITH.THE APPLI- CATION TO BE MADE TO THE FEDERAL WORKS AGENCY RE- LATING TO A WATER PROJECT. BE IT RESOLVED by the City Council of the'City of San Luis Obispo as follows: That F. C. Kimball, Mayor of the City of San Luis Obispo, be and he is hereby named as the authorized correspondent of the City of San Luis Obispo in connection with the application to be made by the City of San Luis Obispo to the United States Government, through the Federal Works Agency, for federal assistance in the con- struction of a water pipe line and water reservoir, said pipe line connecting with a pipe line now under construction by the United States Army, and making available to the City of San Luis Obispo a supply of water for municipal purposes from water to be impounded by the construction of a dam in'the upper Salinas river, said dam also being under construction by the United States Army. INTRODUCED AND ADOPTED this 26th day of July, 1941, by the following vote: AYES :W.H.Brazil, R.P..Howell,Ralph C. Kennedy.,F.C.Kimhall, Joseph Leary. NOES: None. ABSENT • ,' lone, OF Mayor ATTEST: City Clerk 0 RESOLUTION NO. so& (New Series) A RESOLUTION AUTHORIZING CERTAIN PERSONS TO FUR= NISH INFORMATION IN SUPPORT OF THE APPLICATION OF.THE CITY OF.SAN LUIS OBISPO TO THE FEDERAL WORKS AGENCY IN CONNECTION WITH A WATER PROJECT. BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: That the following named individuals be, and each of them is hereby authorized to furnish information to the Federal Works Agency to support the application of the City of San Luis Obispo to said Federal Works Agency for federal assistance in the construction of a pipe line and water reservoir, said pipe line connecting with a pipe line now under construction by the.United States Army, and making available to the City of San Luis Obispo a supply of water for municipal purposes from water to be impounded by the construe= tion of a dam in the upper Salinas river, said dam also being under construction by the United Stated -Atmy- Engineering information shall be furnishedL by Leonard Lenger, Assistant City Engineer of the City of San Luis Obispo. Financial information shall be furnished by J. M. MacLean, Accountant for the City of San Luis Obispo. 1. Legal information shall be furnished by M. A. Fitzgerald, City Attorney of the City of San Luis.Obispo. INTRODUCED AND ADOPTED this 26th day of July, 1941, by the following vote: AYES:WE•Beazi11 R.F.Howell.Ralph Ce Kenne w.F.C.KimballsJoseoh Leary___ NOES: None. ABSENT: .None `4-& ayor - ATTEST: yCer il . V -RESOLUTION NO. dnr (New Series) A RESOLUTION AUTHORIZING THE MAYOR TO MAKE APPLI- CATION TO THE UNITED STATES GOV'ERZEM THROUGH TBE FEDERAL WORKS AGENCY FOR FEDERAL ASSISTANCE IN CON- NECTION WITH A SEWAGE PROJECT. BE IT RESOLVED by the City Council of the City of. San Luis Obispo as follows: That F. C. Kimball, Mayor of:the City of San Luis Obispo, be and he is hereby authorized to make application to the United States Government through the Federal'Works Agency, for federal assistance in the construction of enlargements and improvements to the municipal sewage disposal plant of-the City of San Luis Obispo. INTRODUCED AND ADOPTED this 26th day of July, 1941, by the following vote: AYES *.W.H.Braai.l.R.F.Howe110B&IDh C. Kennedy �F.C.gimball� ;Teseph T.Ajarg, NOES: None. ABSENT: None. mayor ATTEST: - city clerk VI \✓ J RESOLUTION NO, 606 (New Series) A RESOLUTION NAMING F. C. KILMALL, MAYOR OF THE CITY OF SAN LUIS OBISPO AS THE AUTHORIZED CORRES- PONDENT OF SAID CITY IN CONNECTION WITH THE APPLI- CATION TO BE MADE TO THE FEDERAL WORKS AGENCY RE- LATING TO A SEWAGE PROJECT. BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: That F.. C. Kimball, Mayor of the City of San Luis Obispo, be and he is hereby named as the authorized correspondent of the City of San Luis Obispo in connection with the application to be made by the City of.San Luis Obispo -to the United. States Government, through_the.Federal Works' Agency, for federal assistance in the con- struction of enlargements and improvements to the municipal sewage disposal plant of the City of San Luis Obispo. INTRODUCED AND ADOPTED this 26th day of duly, 1941, by the following vote: • - y .. NOES: None. ABSENT: None* MaSrok ATTEST: iyCerk 6 0 RESOLUTION N0.60V (New Series) A RESOLUTION AUTHORIZING CERTAIN PERSONS.TO FUR- NISH INFORMATION IN SUPPORT OF THE APPLICATION OF THE CITY OF SAN LUIS OBISPO TO THE FEDERAL WORKS AGENCY IN CONNECTION WITH A SEWAGE PROJECT BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: That the following named individuals be, and each of them is hereby authorized to furnish information to the Federal Works Agency to support the application of the City of San Luis Obispo to said Federal Works Agency for - federal assistance in the construction of enlargements and improvements to,the municipal sewage disposal plant of the City of San Luis Obispo: Engineering information shall be furnished by'H. N. Jenks, registered Civil Engineer. Financial information shall be furnished by -J. M..MacLean, Accountant of the City of San Luis Obispo: Legal information shall be furnished by M. A. Fitzgerald, City Attorney of the City of San Luis Obispo.- INTRODUCED AND ADOPTED this 26th day of July, 194.1, by the following vote: AYES: WeH,Brazil9 R.P,Eowell, Ralph C. Kennedy; F.C.Kimbai1 - Trull h- T:oa.y, NOES: None, ABSENT: - None. Mayor RESOLUTION N0.608 (New Series) A RESOLUTION DECLARING A CERTAIN PORTION OF_ BUCHON STREET TO BE AND CONSTITUTE A BOULEVARD WHEREAS, under and pursuant to the provisions of Section 24 of Ordinance No. 122 (New Series) of the City of San Luis Obispo, entitled "An Ordinance.Regulating Traffic Upon and the Parking of Vehicles on the Public Streets of the City of San Luis"'Obispo ", as amended by Ordinance No. 124 (New Series) entitled, "An Ordinance amending Section 24 of Ordinance No. 122 (New Series) ", the City Council of the City of San Luis Obispo is authorized to declare any street or portion of any street within the City of San Luis Obispo to be and constitute a boulevard; AND WHEREAS, said City Council is desirous of declaring a portion of Buchon Street to be and constitute a boulevard; NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Buchon Street from the Westerly.line of Nipomo Street to the-Easterly line of Carmel Street be and the same is hereby declared to be a boulevard for the purpose mentioned in See- tion 24 of said Ordinance No. 122 (New Series). PASSED AND ADOPTED by'the Council of the City of San Luis Obispo this 4th day of August, 1941, by the following vote: AyES: W.H.Brazil.,R.P. Howell ,Ralph ."�. Kennedy.F.C.Kimball.doseoh Leary NOES: None ABSENT: None 1 r Di yor ATTE: 'I RESOLUTION NO. 609 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BMTEEN THE CITY OF SAN LUIS OBISPO AND R. Co HOYT, INC. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the City of San Luis Obispo enter into that certain agreement dated August 4, 1941, by and between R. C. Hoyt; Inc., ' z and the City of San Luis Obispo, relating to the lease of one (1) Ford Runabout, one -half ton, bearing Motor Number 9310998• AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be and he is hereby authorized to execute said agree- ment for and on..behalf of said City, which execution shall.be attested by the City Clerk. PASSED AND ADOPTED this 4th day of August, 1941, by the following vote: AYES: W. H. Brazil. R. P. Howell, Ralph C. Kennedy ,F.C. Kimball. JoseRh Leary NOES: None ABSENT: None _ DX f� Mayor GL e RESOLUTION N0. 610 (New Series) A RESOLUTION PROVIDING FOR THE EgECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND BOOTH BROS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the City of San Luis Obispo enter into that certain agreement dated August 11, 19412 by and between Booth Bros, a part- nership, and the City of San Luis Obispo, relating to the lease of one (1) Dodge pickup, one -half ton, bearing Motor Number T12527783• AND BE_IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be and he is hereby authorized to execute said agree- went for and on behalf of said City, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 11th day of August, 1941, by the following vote:. AYES: W.H.Brazil,R.P.Howell,Ralph C.Kennedy,F.C.Kimball,Joseph Leary NOES- None ABSENT:. None 0 NA OP. ATTEST: City Clerk- RESOLUTION NO. 613. (New Series) A RESOLUTION CONSENTING TO THE ASSIG11II1IENT AND TRANSFER MADE BY SANTA MARIA GAS & POWER COM- PANY TO SANTA MARIA GAS COMPANY OF THE FRAN- CHISE GRANTED BY ORDINANCE NO. 43 (NEW SERIES) WHEREAS, by Ordinance No. 43 (New Series) entitled "Granting to Santa Maria Gas & Power Company, a Corporation, a Fran- chise to Furnish and Sell to the City of San Luis Obisro, and the Inhabitants thereof, Natural and Artificial Gas for Light, Heat, Fuel, Power, and Such Other Purposes as the Same can or may be Utilized, and for the Transportation and Delivery of the same, to Construct, Repair and Maintain Pipe.Lines Over, Across, Under and Along the Public Streets, Roads and [Nays of_the City of San Luis Obispo" finally passed and adopted by the City Council of the City of San Luuis Obispo on the 12th day of April, 1915, a franchise was granted to Santa Maria. Gas & Power Company, a corporation, to fur- nish and sell to.the City of San Luis.Obispo` -and the'inhabita.nts thereof, natural and artificial gas and, for the transportation and delivery thereof, to construct, repair and maintain pipe lines over, across, under and along the public streets, roads and ways of the City of San Luis Obispo. AND VTHEREAS*, it appears from evidence obtained by the City Council of the City of San Luis Obispo, that said Santa Maria Gas & Power Company did on or about the 23rd day of June, 1920, transfer and assign said franchise to the Santa Maria Gas Company, a corpora- tion, and that ever since the 23rd day of June, 1920; said Santa Maria Gas Company has held said franchise and has exercised and en- joyed all of the rights and privileges granted therein to said Santa Maria Gas & Power Company. AND WHEREAS, Under the provisions of Section 98 of the' Charter of the City of San Luis Obispo any franchise granted by said City shall not be leased, assigned or otherwise alienated without the - 1 - express consent of the city. AND WHEREAS, it appears that no express consent to said transfer and assignment was ever given by the City of San Luis Obispo or by the City Council of said city, and said City Council now de- sires to consent to said transfer and assignment. NOW, THEREFORE, BE.IT RESOLVED by the City Council of the City of San Luis Obispo that consent be, and the same is hereby, given to the transfer and assignment of said franchise made by Santa Maria Gas & Power Company to Santa Maria Gas Company on or about the 23rd day of June, 1920. The consent expressed in this resolution is given with the provision that said Santa Maria Gas Company will hereafter pay to the City of San Luis Obispo a sum equal to 2% of the gross annual receipts derived by said Santa Maria.Gas Company from the sale of gas within the limits of the City of San Luis Obispo, said sum being the same percentage as has actually_.beeri paid -to the City of San Luis Obispo by said Santa Maria Gas Company since the said assignment made on or about the 23rd day of June, 1920. PASSED AND ADOPTED this 25th day of August, 1941, by the following vote: AYES: - W. H. Brazil, R. P. Howell, F. C. Kimball, Joseph Leary NOES: Ralph C. Kennedy . ABSENT.: None ATTEST: City Clerk Mayo_ RESOLUTION N0. 612 (New Series) A RESOLUTION AUTHORIZING THE MAYOR TO MAKE APPLICA- TION TO THE UNITED STATES GOVERNMENT THROUGH THE FEDERAL WORKS AGENCY FOR FEDERAL ASSISTANCE IN CON- NECTION WITH A RECREATION PROJECT. BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: That F. C. Kimball, Mayor of the City of San Luis Obispo, be and he is hereby authorized to make application to the United States Government, through the Federal Works Agency, for federal assistance in the construction of a USO Recreation Project. INTRODUCED AND ADOPTED this 25th day of August, 1941, by the following vote: AYES :W.H.Brazil, R.P.Howell,Ralph C.Kennedy,Joseph Leary, F. C. Kimball NOES: None ABSENT: None Mayor ATTEST: City Clerk r I, J. E. Brown, the duly appointed, qualified and acting City Clerk of the City of San Luis Obispo, do hereby certify that the fore- going is a full, true and correct copy of Resolution-No. 612 (New Series), duly and regularly adopted by the City Council of said City on the 25th day of August„ 1941, as the same now appears on file and of record in my office. IN WITNESS. WHEREOF, I have hereunto set my hand nd affixed the official seal of the City of San L Obispo this ,2J day of August, 1941. / / ���� RESOLUTION NO.613 (New Series) A RESOLUTION NAMING F. C. KIMBALL, MAYOR OF THE CITY OF SAN LUIS OBISPO AS THE AUTHORIZED CORRES- PONDENT OF SAID CITY IN CONNECTION WITH THE APPLI- CATION TO BE MADE TO THE FEDERAL WORKS AGENCY RE- LATING TO A RECREATION PROJECT. BE IT RESOLVED by the City Council of the City of San Luis, Obispo as follows: That F. C. Kimball, Mayor of the City of San Luis Obispo, be and he is. hereby named as the authorized correspondent of the City of San Luis Obispo in connection with the application to be made by the City of San Luis Obispo to the United States Government, through the Federal Works Agency, for federal assistance in the con- struction of a Recreation Project. INTRODUCED AND'ADOPTED this 25th day of August, 1941, by the following vote: AYES: W.H.Brazil,R.P.Howell,Ralph C.Kennedq, Joseph Leary, F.C.Kimball NOES: None ABSENT: None 'Mayor ATTEST City Clerk I, J. E. Brovm, the duly appointed, qualified and acting City Clerk of the -City of San. Luis Obispo, do hereby certify that the fore- going is a full, true and correct copy of Resolution No. 613 (New Series),-duly and regularly adopted by the- City.Council of said City on the 25th day of,August, 1941, as the same now appears on file and of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo•this__ILLday of August, 1941• / //% 1. I a=- 03' RESOLUTION NO.614 (New Series) A RESOLUTION AUTHORIZING CERTAIN PERSONS TO FUR NISH INFORMATION IN SUPPORT OF THE APPLICATION OF THE CITY OF SAN LUIS OBISPO TO THE FEDERAL WORKS AGENCY IN CONNECTION WITH A RECREATION PRO- JECT, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: That the following named individuals be, and each of them is hereby authorized to furnish information to the Federal Works Agency to support the application of the City of San Luis Obispo to said Federal Works Agency for federal assistance in the construction . of a USO Recreation Project. Engineering information shall be furnished by Leonard Lenger, Assistant City Engineer of the City of San Luis Obispo. Financial information shall be furnished by J. M. MacLean, Accountant for the City of San Luis Obispo. Legal information shall be furnished by Ii. A. Fitzgerald, City Attorney of the City of San Luis Obispo. INTRODUCED AND ADOPTED.this 25th day of August, .1941, by the following vote: AYES: W.H.Brazil..R.P.Howe11, Ralph C. Kennedy, Joseph Leary,F.O:gimball NOES: None ABSENT: None Mayor ATTEST: City-Clerk- f f RESOLUTION No.615 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGRELMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE STATE OF CALIFORNIA by BE IT RESOLVED.the Council of the•City of San Luis Obispo as follows: That the City of San Luis Obispo enter into that certain agreement dated August 25th 19419 by and between the City of San Luis Obispo and the State of California, acting by and through its duly appointed, qualified and acting Director of Education, relating to receiving into the City's sewage system, treating and disposing of sewage from the California Polytechnic School. AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be and he is hereby authorized to execute said agreement for and on behalf of said City, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 25th day of August, 1941, by the following vote: AYES: W.H.Brazil.R.P.Hovwell, Ralph C. Kennedy ,F.C. Kimball, Joseph Leary NOES: None ABSENT: ATTEST: City Clerk RESOLUTION NO. 517 i (New Series) A RESOLUTION FIXING THE SALARIES AND COMPENSATION TO BE PAID TO M,4EilIBEIRS OF THE FIRE DEPARMMINT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That,from and after the 1st day of August, 1941, and until the further order of the City Council, there shall be alloyed and -paid to the several regular and volunteer members of the Fire Department, salaries and compensation as follows: The Chief of the Fire Department, a monthly salary of $160.00. The Assistant Chief of the Fire DepartLent,'a monthly salary of 150-00. S 0 Firemen performing regular and full time services for the Fire Department, a monthly salary dependent on the length of their service, as follows: The sum of 9135.00 per month for and during the first six months of employment. The sum of $112.50 per month for and during the second six months of employment. The sum of .$150.00 per month for and during the second year of employment. The sum of $155.00 per month after two years.of contin- uous employment. Firemen performing regular but nnly one - half time service for the Fire Department, monthly salaries equal to one -half of the salary of a regular fireman and dependent on the length of their ser- vice with the Fire Department, as set forth in the above schedule. In determining the salary to be paid to firemen, they shall be entitled to,credit for the length.of time they have heretofore been employed as such firemen. 1 � � N Firemen_ perfol^ ring relief duty on a full time basis but far temporary periods only, at the rate of $135.00 per month. Volunteer Firemen who are listed on the rolls of the Fire Department as such volunteer firemen, shall receive compensation, as follows: Where such volunteer firemen remain on duty at the fire station during each night, a monthly compensation of $15.00. Miere such volunteer firemen do not re-Main on duty at the fire station during each night, a monthly compensation of 610.00. In addition, such volunteer firemen shall receive compensa- tion for each fire call answered by them in the following amounts: For day time fire calls, the sum.of $1.00 for the first one -half hour, and the sum of 5W for each additional one -hal.f hour or fraction thereof. For night time fire calls, the sum of 81.50'for the first one -half hour, and the sum of 500 for each additional one- half.hour or fraction thereof. A night time fire call shall be any call between the hour of 6:00 o'clock P.Ivi, and 6:00 o'clock A.M. of the following day. No person assisting in or volunteering his services in fighting fires shall be entitled to compensation unless such person is listed on the rolls of the Fire Department as a volunteer fireman, or unless otherwise ordered by the City Council. PASSED AND ADOPTED this 8th day of September, 1941, by the following vote: AYES: W.H.Brazil-,R.F.Howell,Ralph C.Kennedy ;F.C.Kimball,loseph Leary NOES: None ABSENT: ATTEST: City Clerk - 2 - i f r RESOLUTION NO. 616New Series) A RESOLUTION FIXING THE SALARIES AND COMPENSATION TO BE PAID TO 1=ERS OF THE FIRE DEPARTMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That from and after the lst day"of August, 1941, and until the.further order of the City Council, there shall be allowed and paid to the several regular and volunteer members of the Fire Depart- went, salaries and compensation as follows: The Chief of-the Fire Department, a monthly salary of $160.00, from the Department of Public Health and Safety plus a month- ly salary of $40.00 from the Department of Public Works. The Assistant Chief of the Fire Department, a monthly salary of $165.00. Firemen performing regular and full time services for the Fire Department, a monthly salary dependent on the length of their service, as follows: The sum of x$135.00 per month for and. during the first six months of employment. The sum of $lL.2.50 per month for and during the second six months of employment The sum of $150.00 per month for and during the second year of employment. The sum of $155.00 per month after two years of continuous employment. Firemen performing regular but only one -half time service for the Fire Department, monthly salaries equal to one -half of the salary of a regular fireman and dependent on the length of their ser- vice with the Fire Department, as set forth in the above schedule. In determining the salary to be paid to firemen, they shall be entitled to credit for the length of time they have heretofore been employed as such firemen. - 1 N Firemen performing relief duty on a full time basis but for temporary periods only, at -the rate of .1135.00 per month. Volunteer Firemen who are listed on the rolls of the Fire Department.as such volunteer firemen, shall receive compensation as follows: Where such volunteer firemen remain on duty at the fire station during each night, a monthly - compensation of X15.00. 'Where such volunteer firemen do not remain on duty at the fire station during each night, a.monthly compensation of $10.00. In addition, such volunteer firemen shall receive compensa- tion for each fire call answered by them in the following amounts: For day time fire calls, the sum of $1.00 for the first one -half hour, and the sum of 5W for each additional one -half hour or fraction thereof. For night time fire calls, the sum of $1.50 for the first one -half hour, and the sum of 50¢ for each additional one -half hour or fraction thereof. A night time fire call shall be any call between the hour of 6:00 o'clock P.M. and 6:00 o'clock A.M. of the following day. N6 person assisting in or volunteering his services in fighting fires shall be entitled to compensation unless such person is listed on the rolls of the Fire Department as a volunteer fireman, or unless otherwise ordered by the City Council. The provisions of any previous resolutions adopted by the City Council in so far as they apply to the salary of the Chief of the Fire Department, the Assistant Chief or regular or volunteer members of the Fire Department, are hereby revoked. PASSED AND ADOPTED this 15th day of September, 1941, by the following vote:. AYES: ``,•H.Brazil,R.P.Hor:ell,Ralph C.Lennedy, F.C.Limball; Joseph Leary NOES: None ABSENT: ATTEST: / SAM City Clerk - 2 - E RESOLUTION NO. 619 (New Series) A RESOLUTION FIXING THE SALARY TO BE PAID TO NIE @.I- BERS OF THE POLICE DEPAMIENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as_ follows: y^ That from and after the 1st day of August, 1941, and until the further order of the City Council of the City of San Luis Obispo, there shall be allowed and paid to the Chief of Police, the Captain of Police and the several policemen employed in the Police Department of the City of San Luis Obispo on a.full time basis, salaries as follows: The Chief of Police, the sum of $200.00 per month The Captain of Police, the sum of 0,170.00 per month. The several policemen, salaries dependent- on the length of their. employment, as follows: - The sum of $135.00 per month for and during the first six months of employment. The sum of $142.50 per month for and during the second six months of employment. The sum of $150.00 per month for and during the second year of employment. The sum of $160.00 per month after two years of continuous employment in the Police Department. Such salary shall be Pull compensation for.all services per- formed by or required of said policemen by law or ordinance, or order of the City Council. Irrespective-of the length of employment, policemen employed on a part time basis shall- not be entitled to the salaries herein pro- vided. In determining the salary to be paid to policemen, they shall be entitled to credit for the length of time they have hereto- fore been employed as such policemen. - 1 - .� . All salaries herein provided for-shall be paid weekly, semi- monthly.or monthly at the discretion of the-City Council. The salary of any policeman shall cease immediately upon -his discharge from employment. The provisions of any previous.resolutions adopted by the -City Council in so far-as they apply to the salary of the Chief of Police, the Cap6ain of Police and policemen of the Police Department, are hereby revoked. PASSED AND ADOPTED this 15th day of September, 1941, by the following vote: AYES: W-H.Brazil,n.P.Howell,Ralph C. Zennedy, F. C. Kimball. Joseph Leary NOES: None ABSENT: None Mayor ATTEST: City Clerk Presented to and approved by'me this 15 day of September, 1941. Uiay r i. __ v RESOLUTION NO. 620 (New Series) A RESOLUTION ACCEPTING THE OFFER_ OF THE UNITED STATES OF AMERICA WHEREAS, there has been filed with the Federal Works Agency for and in.- behalf of City of San Luis Obispo, a Municipal Corporation, (herein called the "Owner "), an application for Federal assistance under the Defense Public Works program, and the United States of America, acting by and through the Federal Works Administrator,'has transmitted to the Owner an Offer of Federal assistance in connection with the public works referred to in said application and described in said Offer; and WHEREAS, said Offer has been duly read in-open meeting and has been fully considered in every respect in accordance with the pertinent rules of procedure and legal requirements; and WHEREAS, said Offer has been made a part of the public records of the Owner; and WHEREAS, it is deemed advisable and in the public interest that said Offer be accepted: NOW, THEREFORE; be it resolved by the City Council of the City of San Luis Obispo that the,said Offer of the United States of America, a true and correct copy of which is hereto attached,'be and the same hereby is accepted without reservation or qualification. INTRODUCED, PASSED AND ADOPTED by the City Council of the City of San Luis Obispo at a special meeting of said City Council duly and regularly called and held on the 29th day.of September, 1941, in full compliance with the provisions of the ordinance of said City regu- lating the - .meeting of said City Council, all members of said City Coun- cil being .present and voting on said Resolution, and the vote being as follows! • !I AYESe. W,H.Brazil, -R.P,Howell, Ral2 I h C,Kenned _yj F.C,Kimb&ll, Joseph teary NOES: None, ABSENT:- None Mayor Vf daid' City ATTEST: Presented to and approved by me this 29th day of September,, 1941. Mayor . 2 m UITITED STATES OF Ai +RICA FED ORAL WORKS A.GMEXCY DEI M SE PUBLIC VOF.KS DIVISION OFFER City of San Luis Obispo San Luis Obispo, California. F.W.A. 66241-4-3 Washington, D. C. Docket No. Calif. 4-144 Dated SEP 2 2 1949 Subject to the Terms and Conditions (DPW Form No. 100, dated September 15, 1941) attached hereto and made a part hereof, the United States of America hereby offers to make a grant of $93,730 to the City of San Luis Obispo, California, in order to aid in financing the con- struction of defense public works, presently estimated to cost $1280730, consisting of.additions and improvements to a sewage treatment plait, including acquisition of necessary land (herein called the "Project "): Provided, Lowever, that the grant payable hereunder in no event shall exceed the actual cost of the Project upon completion as determined by the Director of the Defense Public Works Division of the Federal Works Agency. UNITED STATES OF AMERICA Federal Works Administrator By r Director of the DefengePubllic Works Division 2 2 f r m Tm"is AM, CC MI':. (I)PV Form No. 1CO) September tember 15, 1941 MERU WORKS AGENCY M-ITIM PUBLIC 4UFHS DIVISION f I • • 1 TE''iiS A1VD CO3NDITIUNS 1. CO]MITIONS OF GOVrRi�MIS OBLIGATIO\.. - The United States of America (hereinafter referred to as the "Government ") may elect to termi- nate all or any of its obligations under these TEEMS AND CC71MITIONS and the Government's Offer (hereinafter collectively referred to as the "Of- fer") to which they appertain: (a) Representations. - If any representation of the applicant to which the Offer is made (hereinafter referred to as the "Applicant ") in its application for Federal assistance, as amended. or supplemented (hereinafter referred to as the "Application "), or in any document sub- mitted to the Government by the Applicant, shall be incorrect or incom- plete in any material respect; (b) Financial Condition.. -,If, in case the Gover ment has offered to purchase bonds or other securities of the Applicant (hereinafter re- ferred to as "Bonds "), the financial condition of the Applicant shall have changed unfavorably in a material degree from its condition as theretofore represented to the Government; (c) Financing of the Project. - If the Applicant will not be able, in the opinion of the Government, to provide funds sufficient, with the funds made available by the Government under the Offer, to pay the cost of the public works described in the Offer (such public works being hereinafter referred to as the "Project"), or if, in case the Government: has offered to purchase Bonds, the Applicant shall not furnish a bond transcript satisfactory to the Government showing that the Bonds are valid and binding obligations; F.W.A. 6623 (d) Prosecution of the Project. - If the Applicant shall fail to commence or proceed with the construction of the Project with all prac- ticable dispatch, in a sound, eccnordcal and efficient manner, in ac- cordance with plans and specifications theretofore submitted to and ap- proved by the Government, and in compliance with applicable Federal statutes and the Offer, or if the Applicant shall fail otherwise in the performance or fulfillment of any of its obligations to be performed or fulfilled under the Offer; (e) Documents to be Submitted. - If the Applicant shall fail to submit or cause to be submitted to the Government such records, state - ments, reports, data, plans, drawings, specifications, contracts, work orders, assignments, bid tabulations, ccntract awards, estimates, cer- tificates or other documents affecting the Project as may requested by the Government, or if the Applicant shall proceed with the construc- tion of the Project or take other action on the basis of the documents submitted to the Government before the Government has advised the Appli- cant that, in its opinion, such documents comply with applicable Federal statutes and the Offer; (f) Architectural or Engineering Supervision and Inspection. - If the Applicant shall fail to provide and maintain competent and adequate architectural or engineering supervision and inspection of the construc- tion of the Project; (g) Bonus or Commission. - If it shall be determined by the Govern- ment at any time that the Applicant has paid or agreed to pay, whether directly or indirectly, a bonus, commission or fee to any person, firm or corporation for attempting to procure an approval of the Application, 2 F.W.A. 6623 or for alleged services in procuring or in attempting to procure such ap- proval, or for activities of the nature commonly known as lobbying per- formed or agreed to be performed in connection with the Application. 2. GOVERINYM NOT OMIGATED TO THIRD PARTIES. - The Government shall not be obligated or liable hereunder to any party other than the Applicant. 3. INTEREST OF M 133 OF OR MEGATE TO CONMESS . - So member of or delegate to the Congress of the United States of America shall be ad- mitted to any share or part of the agreement or contract resulting from the Applicant's acceptance of the 0_`fer or in any benefit arising there- from. 4. OTEER PROHIPITED I171122STS. - ?PTO official of the Applicant who is authorized in such capacity and on behalf of the Applicant to r_ego- tiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, con- struction or material supply contract or any subcontract in connection with the construction of the Project, shall become directly or indirectly interested personally in any such contract. No official, employee, architect, attorney, engineer or inspector of or for the Applicant who is authorized in such capacity and on behalf of the Applicant to exercise any executive, supervisory or other functions in connection with the con- struction of the Project, shall become directly or indirectly interested personally in any construction or material supply contract or subcon- tract pertaining to the Project. The Applicant shall be responsible for enforcement of the foregoing provisions of this paragraph. 3 F.W.A. 6623 5. EXPENSES PRIOR TO DATE OF OFFER. - In determining the amount of Federal assistance to be paid to the Applicant under the Offer, the Gov- ernment will exclude from consideration all Project costs incurred by the Applicant prior to the date of the Offer unless, in the opinion of the Government, such costs were incurred by the Applicant in anticipa- tion of Federal assistance for defense public works. 6. GRANT ADVANCES AND PAYMENTS. - The Applicant may requisition advances or payments on account of the grant provided in the Offer at any time after receipt of the Offer but not later than six months fo1- lowing completion of the Project. Such requisitions sha.I.l be accompanied by such supporting data as the Government may require. After the Appli- cantts acceptance of the Offer and subject to the provisions of the Offer, the Government will honor such requisitions in am,) nts and at times deemed by it to be proper to insure the expeditious prosecution and payment of the costs of the Project. Payment on account of the grant may be made in cash or by cancellation of Bonds or'other obligations owing by the Applicant to the Government, or partially in cash and partially by cancellation, at the option of-the Government. No request for review of a determination of the Government affecting the grant payable under the Offer will be considered unless such request is received by the Gov- ernment not later than three months following notice to the Applicant of such determination. 7. LOAN ADVANCES AND PAYMENTS. - The Applicant may requisition on account of the loan, if any, provided in the Offer, advances in anticipa- tion of the issuance of the Bonds, or payments, at any time after receipt n F.W.A. 6623 of the Offer. Such requisitions shall be accompanied by such supporting data as the Government may require. After the Applicantts acceptance of the Offer, and subject to the provisions of the Offer, the Government will honor such requisitions in amounts and at times deemed by it to be proper. If, after advances have been made on account of the loan in antic- ipation of the issuance of the Bonds, the Applicant is unable, in the opinion of the Government, to issue the Bonds because of circumstances beyond the control of the Applicantts governing body, the Government may, at its election, treat such advances as a grant. 8. CONSTRUCTION ACCOUNT. - All funds, however provided, for the pay- meat of the cost of the Project shall be deposited, promptly upon the re- ceipt thereofq in a separate account or accounts (hereinafter collectively referred to as the "Construction Account "). Unless otherwise required by law, the Construction Account shall be set up in a bank or banks which are members of the Federal Deposit Insurance Corporation. Moneys in the Construction Account shall be expended only for costs of the Project and in accordance with such purposes as shall have been previously specified in a signed certificate of purposes filed with and as approved by the Gov- ernment: Provided, That if any Bonds are held by the Government after all costs incurred in connection with the Project have been paid, all moneys then remaining in the Construction Account shall be used to re- purchase Bonds or shall be transferred to a bond fund for•the payment of interest on and principal of the Bonds. 9. ABANDONMENT OF PROJECT. - If the Applicant shall abandon the Project prior to its completion: 5 F.W.A. 6623 (a) The Government.shall thereupon be relieved of all of its obli- gations under the Offer with respect to payment of grant, except that if such abandonment is consented to or concurred in by the Government, the Governments obligations shall continue as to an amount of grant bearing the same ratio to expenditures theretofore made and costs incurred by the Applicant in accordance with the provisions of the Offer that the maxirmnn grant provided.by the Offer to be paid to the Applicant bears to the estimated cost of the Project upon which the Offer has been based; (b) The Government shall thereupon be relieved of all of its obli- gations under the Offer with respect to the purchase of Bonds thereunder, except that the Government shall have the right at its election to pur- chase such Bonds under the Offer as it shall deem necessary to, assure payment of incurred Project costs, and to cause the Applicant to deliver Bonds on account of which the Government has theretofore made advances; (c) The Applicant shall forthwith cause to be returned to the Gov- ernment the portion of all advances or payments made under the Offer not theretofore expanded on the Project in accordance with the Offer, except that an amount thereof equal to the principal of the Bonds purchased by the Government and then outstanding, together with accrued interest thereon, may be transferred by the Applicant to a bond fund for the pay- ment of sueh principal and accrued interest: ,Provided, That only so much of the expenditures on the Project shall be considered as hazing been made from advances or payments made under the Offer as shall be deter-_ mined by applying the ratio which such advances or payments at the time bore to the total funds then available for the making of such expendi- tures; L 1 F. w. A. 6123 (d) If the Government shall determine to talke over and complete the Project so abandoned, there shall. be .applied on the acquisition cost of the completed portion thereof so much of the advances or pa meats made by the Government uncle. the Offer ws shall not have been returned by the Ap- plicant to the Government, less the amount, if any, transferred by the Applicant to the bond fund p1 rsua~nt to the prorVisions of subparagraph (c) hereof. Nothing herein shall be construed to waive any riCht which tae Gov- ernment may have to the return of the ;•:izole or any part of the advances or payments made under the Offer in addition to the advances or payments above provided to be repaid, or any other •ri,,ht which the Governmert may have if the Applicarit shall have abandoned �,he Project prior to its com- pletion u-ithout the consent of the Government or shall have acted in bad faith or made any misrepresentat _ons con -cerni g the completior, of the Proj- ect or the use of such advances or pa-7r. :Lenvs• 10. SAL,, 0.7 E-01 7,13S TIO OTIER..S. — If the Offer Nrovides for a loan, the Applicant may, with the prior consent o= the Go-rer _'Went, sell all or any part of the Bonds to purchasers other than tre Government. 11. COi:STRUCTIOT: OF TI-7, P?Oe.DiT. — (a) unless the Government shall consent to the use of a different method in the construction and equipment of the Project, and to the award of contracts on a basis other than that herein provided, the contract :iethod shall be used in the construction and equipment cf the Project, and all construction, material and equipment contracts shall be awarded to the lo,'jest responsible bidder and, except as to contracts estimated to cost not more than 41,000, upon free, open and 7 r.W.A. 6623 competitive bidding after advertisenex t for bids sufficient to insure ade- quate competition: Provided, That no contract on a cost plus a percentage of cost basis shall be made: Provided further, That no contract on a cost plus a fixed fee basis shall provide for a fired fee in excess of 6 per centum of the estimated cost. (b) The Applicant shall require that, where a general contract is let for the work, specialty subcontractors shall be utilized for the per- formance of such Harts of the work as, under normal contract practices, are performed by specialty subcontractors, unless (1) the ;eneral contrac- tor has theretofore customarily performed such specialty work with his own organization and is then equipped to do so, or (2) in the opinion of the Applicant, concurred in by the Gover. -Meat, the performance of specialty work by specialty subcontractors will result in materially increased costs or inordinate delays. 12. CGHTRi CT SMURITY. — The Applicant shall require that each con- struction contractor shall furnish a bond or bonds of such type and in an amount or amounts adequate to secure the faithful per.iormance of his con- tract. 13• CO 1RACTORS' i:i,n) SUBCOIITRACTORS' !ITSU LICE. — The Applicant shall require that there be maintained; (a) adequate compensation insurance for all contractors' and sub- contractors' employees engaged in work on the Project; (b) adequate public liability and property damage insurance to pro- tect each contractor and subcontractor on the Project frog: claims for damages for personal injury, accidental death, and to property, which may F3 F. w. A. 6623 arise from operations under his contract, whether such operations be by himself or by anyone directly or indirectly employed by him. 14. QUALIFICATIONS FOR EI9 MME NT. - The Applicant shall require that no person under the age of sixteen (16) years shall be employed on the Project. The Applicant shall require that-no person whose age 'Or phy- sical condition is such as to make his employment dangerous to his health or safety or to the health or safety of others shall be employed on the Project: Provided, That this shall not operate against the employment of physically handicapped persons, otherwise employable, where such persons may be safely assigned to work which they can ably perform.. The Applicant shall require that no person currently serving sentence in a penal or cor- rectional institution and no inmate of an institution for mental defectives shall be employed on the Project. 15. ,NON- DISCRIMINIM C.N. - The Applicant shall require that there shall be no discrimination by reason of race, creed, color, national origin or political affiliations in the employment of persons qualified by train- ing and experience for work on the Project. 16. COLT CTIVEZ BARTMII NG. - The Applicant shall require that the legal rights of all workers on the Project to organize and to bargain col- lectively, to be protected from the requirement to join a company union, and to enjoy freedom of expression and action with respect to wages, hours and conditions of labor shall not be infringed. 17. LABOR REGISTRATIOId. - The Applicant shall require that, at the election of the Government, workers on the Project must register at such times and places and in such manner as the Government shall direct. P �o F.W.A. 6623 18. WAOL RATES. = The Applicant shall cause minimum wage rates for the .various classes of laborers and mechanics engaged in work on the Proj- act to be determined in accordance with a ?plicable law. in the absence of such law, the Applicant shall deter-a e, and submit to the Government for its concurrence, such minimum wage rates, and in so doing shall give con- sideration to the rates prevailing for the corresponding classes of laborers and mechanics employed upon projects of a character sir..dIar to the Project work in the area from which labor for the Project :.lust be drawn, and to new wage rates, negotiated and conciu.ded through bona ride collective bargaining processes, to become effective at a later date. The Applicant shall require that a complete schedule of all such miri hum rage rates (v;hethar determined by the Applicant with the concurrence of the Government, or as required by law) shall be set forth in each construction contract prior to inviting bids for such contract, and that the wages paid to such laborers and mechanics be not less than the m r. m m rates so determined therefor. The Applicant shall also require that all determined minimuna wage rates and all authorized deductions, if any, from unpaid wages actually earned shall be posted at ap- propriate conspicuous points at the site of the Project. Unless otherwise required by law, wage rates need not be established.for non - manual workers, including executive, supervisory, ad:ul-nistrative and clerical employees. 19. COMPUTATIUN OF WAC,S 01.1 8 -HOUR DAY. - The Applicant shall re- quire (a) that the wages of every laborer and mechanic engaged in work on the Project shall be computed on a basic day rate of eight hours per day, eight hours of continuous employment, except for lunch periods, constitut- ing a day's work when a single shift is employed, and seven and one -half 10 F.W.A. 6623 hours of continuous employment, except for lunch periods, constitut =ng a day's work when two or more shifts are eaployed; and (b) that work in ex- cess of eight hours per.day shall be permitted upon compensation, when a single shift is em�,ioyed, at one and one -half times the basic rate of pay for all hours worked in excess of eight hours on any one day, or at any time durin.� the interval from 5 F -H Friday to 7 A. 1`1. Honday, or on holi- days, and, when two or more shifts are employed, at one and one -half times the basic rate of pay for all hours worked in excess of seven and one -half hours on any one day or at any time during the interval from Friday :aid - night to Sunday ridrdght. 20. PA1'TE_',TI OF E PLOnEE. - The koDlicant shall require that each construction_ contractor and subcontractor shall pay each of his employees engaged in work on the Project in full (less deductionsmade mandatory by law) in cash and not less often than once each week: Provided, That when circiLmstances render payment in cash infeasible or impracticable payment by check may be effected upon consideration that lands are made available in a local bank and c_:ec:,s may 'be cGshed without c :arge, trade require- ments or inconvenience to the worker. 21. WACE UI;DT=AIT 171 .'IM ADJUST.T�-] T'S. - The Applicant shall require that, in cases of urderpa rm.ent of wages by any contractor, it shall with- hold from such contractor out of payments due, an amount sufficient to pay workers emaployed on the work covered by his contract the difference be- tween the wages required to be paid under the contract and the wages actu- ally paid such workers for the total number of hours worked and may dis- burse such amounts so withheld by it for and on account of the contractor to the respective employees to whom they are due. 11 F.W.A. 6623 22. AFP tI 'S. - Unless othenai.se required by law the Applicant shall require that the number of apprentices, in each trade or occupation, employed by each construction contractor or subcontractor, shall not ex- ceed the rnamber permitted by the applicable standards of the United States Department of Labor, or, in the absence of such standards, the number per- mitted under the usual practice prevailing between the unions and the em- ployers' associations of the respective trades or occupations. 23. ACCIDaTT, POTION. - The Applicant shall require that precau- tion, shall be exercised at all times for the protection of persons (includ- ing employees) and property, and that hazardous conditions be guarded against or eliminated. 24. INSPECTICN. one Applicant shall require that the Federal 1,1ori s Administrator and his authorized rEgresentatives and agents be permitted, and it will itself permit them; to inspect all work, materials, pay rolls, records of.persors!el, invoices of materials and other relevant data and records. The Applicant shall cause to be provided and maintained during the construction of the Project adequate facilities at the site thereof for the use of the administrator's representatives or agents assigned to the Project. 25. SIGNS. - The Applicant shall cause to be erected at the site of the Project such signs, identifying the Project, as the Government may prescribe. 26. 7TF0RTS, RECORDS AND DATA. - The Applicant shall submit, and shall require each contractor and subcontractor on the Project to submit, 12 F.W. A. 6623 to the Government such schedules of quantities and costs; progress sched- ules, pay rolls, reports, estimates, records and. miscellaneous data as may be required under applicable Federal statutes or rules and regulations promulgated thereunder. 27. PADMTS TO CONTRACTORS. -.Not later than the fifteenth day of each calendar month the Applicant shall make a partial payment to each con- struction contractor or the basis of a duly certified and approved estimate of the work performed during the preceding calendar month by the particular contractor, but shall retain until final completion and acceptance of all work covered by the particular contract a reasonable amount, specified in the contract, sufficient to insure the prover performance of the contract. 28. CONVICT MADE AND YOREIGN X;ATIRLALS. - The Applicant shall require that (a) no materials manufactured or produced in a penal or correctional institution be incorporated into the Project, and (b) only such unmasm- factored articles, materials or supplies as have been mined or produced in the United States of America, and only such manufactured articles, materials, or supplies as have been manufactured in the United States of America, sub- stantially all from articles, materials or supplies mined, produced, or man- ufactured, as the case may be, in the United States of America; shall be em- ployed in the construction of the Project. Exceptions to the foregoing shall be made only Urith the Government's consent. 29. NAMING PROJECT. - The Applicant shall not name the Project for any living person. 0 R F.W.A. 6623 30. CONIMAIORATIVE TABLETS AND COMUMSTOIU . - Commemorative tablets and cornerstones for the Project mast be satisfactory to the Government. 31. STATE OR TERRITORIAL LAW. - Anything in the Offer to the contrary notwithstanding, nothing in the Offer shall require the Applicant to ob- serve or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or Territorial law; -Provided, That if any of the provisions of the Offer violates any applicable State or Territorial law, or if compliance with the provisions of the Offer would require the Applicant to violate any applicable State or Territorial law, or if because of any other reason the Applicant cannot comply with any of such provisions, the Applicant will at once notify the Federal Works Administrator in writing in order that ap- propriate changes and modifications may be made by the Federal Works Ad- ministrator and the Applicant to the end that the Applicant may proceed as soon as possible with the construction of the Project. 'T -lie :end) 14 F.W.A. 6623 KICK -PACK STA'TUT'E To effectuate the purpose of certain statutes concerning rates of pay for labor, by Raking it unlawful to prevent anyone from receiving the com- nensation contracted for thereunder, and for other purposes. Pe it enacted by the Senate and House of Renresentatives of the United States of America in Co_neress assemuled, That whoever shall induce any person employed in the construction, prosecution, or completion of any -public building, public work, or building or work financed in whole or in part by loans or grants from the Ur_ited States, or ir_ the repair thereof to give up any part of the compensation to which he is entitled under his contract of employment, by force, intimidation, threat of procuring dis- missal from such employment, or by any other ,pier whatsoever, small be fined not more than '$5,000, or imprisoned not more than 5 years, or both. Sec. 2. To aid in the erf orcement of the above section, the Secretary of the Treasury and the Secretary of the Interior jointly shall make reasonable regulations for contractors or subcontractors on any such building or work, including a provision that each contractor and suocon- tractor shall furnish weekly a.sworr affidavit with respect to the wages paid each employee during the preceding week. Approved June 13, 1934. SECTION 9 OF R,OHGAN- M&TIM; F1,LN NO. IV, = FECTIi7 JUNE 30, 194:0, IN ACCOBDOCE TiviTH SEC'1'IOIi 4 CF H. J. RES. 551 (PUBIC PES. NO. 75), APPEMM J M 4, 1940. Sec. 9. Transfer of certain functions relating to enforcement of wage paalments on paltlic construction.--The functions of the Secretary of the Treasury and the Secretary of the Interior under sectior_ 2 of the act of June 13, 1934, entitled "An act to effectuate the parpose of certain stat- utes concerning rates of pay for labor, by making it unlawful to prevent anyone from receiving the compensation contracted for thereunder, and for Other purposes" (48 Stat. 948), are transferred to the Secretary of Labor, and shall be administered by him or under nis direction and supervision by such agency in the Department of Labor as the Secretary shall designate. F.W.A. 6623 REGULATIONS APPLICABLE TO CODTPMTDRS AM SUBCONTRACTORS ON PUBLIC BUILDING AND PUBLIC WORK PAD ON BUILDING AID WORK FITANCED IN WHOLE OR IN PART BY LOANS 07-1 MINT FROM TEE UNITM STATES. (:KICK -BACK STATUTE) Section 1. We_,y affidavit with respect to wares. - -(a) Each con- tractor or subcontractor enga;ed in the construction, prosev3.15ion, com- pletion, or repair of any public building or work, or building or work financed in whole or in part b,-,r loans or grants from the United States shall furnish each week an affidavit with respect to the wages paid during the preceding week. (b) Said affidavit shall be executed and sworn to by the contractor or subcontractor or by the authorized officer or employee of the con- tractor or subcontractor who supervises the payment of wages, and shall be in the following form: State of County of ss.: I, (name of party signing affidavit), title, being duly sworn, do depose and say: That I pay or supervise the payment of the persons employed by (contractor or subcontractor) on the (building or work); that the attached.-pay roll sets out accurately and co:;pletely the name, occupation, and hourly wage rate of each person so employed for the weekly pay roll period from the _ day of 194_, tc the day of , 194_, the total number of hours worked by hi.-,M during such period, the full weekly wages earned by him and any deduc- tions made from such weekly wages, and the actual weekly wages, paid to him; that no rebates have been or will be made either directly or in- directly to or on behalf of said (contractor or sub- contractor) from the full weekly wages earned as set out on th-_- atta. ^hed pay roll; and that no deductions, other than the permissible daducti,.;.ns (as defined in the Regulations under the "Kick -back" Act (48 Stat. 948)) described in the following paragraph of this affidavit, have been made or will be made, either directly or indirectly, from the full weekly 7 es earned as set out on the attached pay roll. Paragraph describing deductions, if any.) Sworn to before me this day of Signature and Title 194 J These regulations are issued under the authority conferred in sec - tion 2, 48 St.at. 948 and section 9 of Reorganization Plan No. IV, ef- fective June 30, 1940, in accordance with :;ection 4 of H. J. Res. 5:1 (Public Res. No. 75), approved June 4, 1940. The act and sect�.on 9 of Reorganization Plan No. IV are set forth in full in the appendix to these regulations. l F:'W, A, 6623 (c) Each weekly affidavit with attached. pay roll shall be delivered urithin seven (7) days after the regular payment date of the pay roll to the Government representative in charge at the site of the building or work, or, if there is no such Government representative, --hall be mailed within such time to the Federal agency contracting for or financing the building or work. After such examination and check as may be made, such - affidavit and pay roll, or a copy thereof, together with a report of any violation, shall 'be transmitted by such Federal agency to the United States Department of Labor at 'Washington, D. unless other ise ar- ranged with the Department. (d) At the request of the Federal agency contracting for or financing the building or work, the contractor or subcontractor shall furnish and deliver, together with the original, a copy of the affidavit and pay roll required by this section. Sec. 2. Definitions.--As used in the foregoing section: (a) The words "construction, prosecution, completion, or repair" com- prehend all types of work done on the particular building or work at the site thereof including, without limitation, altering, remodeling, paint- ing and decorating, and fabricating, assembling and installing articles, apparatus and equipment used on or installed in the building or work. They comprehend also the transporting of materials and supplies to or from the building or work, and the manufacturing or furnishing of mate- rials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor engaged in wor'i: at the site, (b) The words "building or worm" include, without limitation (in addi- tion to buildings) structures and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, Tx=ring stations, railways, ships, airports, terminals, cloaks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; and dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping work. Unless conducted in connection with and at the site of such a. building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not the United States acquires title to such materials, articles, supplies, or equipment during the course of the manufacturing or furnishing or owns the mate- rials from !�rhich they are manufactured or furnished) is not a "building or work" idthin the meaning of these regulations. (c) The term "permissible deductions" includes (1) deductions required by statute, such as the Social Security Act, or by court order; and (2) deductions from wages of persons permanently employed by shipbuilding companies and by concerns such as public utilities not normally engaged .2 F.W.A. 6623 in performing construction contracts, for death, disability, sic!Mess, hospitalization, retirement, or unemployment insurance: Provided, That the total amount of such deduction. is paid for premiums to insurance com- panies or mutual benefit associations neither directly nor indirectly under the control of the contractor or subcontractor and that no portion of such premiums, whether in the form of a commission or other.d se, is returned to the contractor or subcontractor: and Provided further, That such de- ductions have been voluntarily agreed to by such emolo;�ees in writing and in advance. No other deductions are permissible within the meaning of these regulations, including, without limitation, deductions for board, lodging, commissea7r purchases, hospitalization benefits, hospital bills, voluntary wage assignments, group insurance, rentals, loans, or loss of tools. Bona fide cash urege advances are permissible. (d) The term "Federal agency" includes all executive departments, in- dependent establishments, agencies, and instrumentalities of the United States, corporations all of the stock of which is beneficially owned by the United States, and the District of Columbia. Sec. 3. Notice to contractors.-- Cor_tracts entered into after the ef- fective date of these reg latiens stall contain provisions appropriate to bind the contractors to comply with the requirements of the regula- tions if applicable. Sec. 4. Effective date; e d stirF resula.tions s merseded.- -These regu- lations shall be effective sixty X60 days after publication thereof in the Federal Register and shall s'spersede from that date the regulations and amended regulations issued jointly by the Secretary* of the Treasury and the Secretary of the Interior on January 3, 1935, and March 27, 1937, respectively (24 C. F. R. 604; 41 C. F. R. 21): Provided, That the parties to contracts or subcontracts entered into prior to the effective date may, if they so agree, comply with these regulations instead of with the superseded regulations at any time after publication of these regu- lations in the Federal Register. These Regulations were published on March 1, 1941,i in 6 Federal Register, No. 42, page 1210. 3 RESOLUTION NO. 621 (New Series) A RESOLUTION REQUESTING THE SCHOOL DEPARTMENT TO LEASE THE CITY CERTAIN REAL PROPERTY TO BE USED AS A PARK AND PLAYGROUND WHEREAS,'the City of San Luis Obispo is desirous of estab- lishing a park and playground on the real property situated in -said city and commonly known as the "Mitchell Lot ": AND WHEREAS, said real property is owned by the school department of said city and, in order to proceed with the establish- ment of such park and playground, it would be.necessary that such property be leased to the City of San Luis Obispo. NOW, THEREFORE, BE.IT RESOLVED by the City Council of the City of San Luis Obispo that the Board of Eduoation.of the City of San Luis Obispo be,. and they are hereby requested to lease said real property to the City of San Luis Obispo for the purpose of establish- ing thereon a park and playground. Said lease should be for a term of years, continuing as long as said-real property is used and maintained by the City of San Luis Obispo as a park and playground. AND BE IT FURTHER RESOLVED that the City Clerk cause a certified copy of this resolution to be 'filed with the Board of Educa- tion of the City of San Luis'Obispo. PASSED AND ADOPTED this 29th day of September, 1941, by the following vote:. AYES:_W.H.Brazil, R.P.Howe1T, Ralph C.$ennedy, F.C.Kimball; Joseph Leary NOES: None ABSENT: None 14K Iftyor ATTEST: Y City Clerk 00 ...RESOLUTION NO* 622 (New Series) A RESOLUTION REQUESTING THE SCHOOL DEPART&]T TO LEASE TO THE CITY CERTAIN REAL PROPERTY TO BE USED AS THE SITE FOR A U. S. 0. BUILDING YdHiREAS, the City of San Luis Obispo has filed an applica- tion with the Federal Works Agency for a grant to be used in the con- struction of a United Service Organization building in the City of San Luis Obispo. AND WHEREAS, it is proposed to construct said building on certain real property belonging to the school department of the City of San Luis Obispo. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that the Board of Education of the City of San Luis Obispo be and they are hereby requested to lease to the City of San Luis Obispo the real,property- situated -at the corner of Santa Rosa and Mill Streets, commonly known as the Court school property. Said lease should provide that the City of San Luis Obispo may sponsor the construction of a U. S. O. recreation building on said real property, for the purpose of providing a recreation build- ing and recreation center for soldiers. Said lease should be for a.term of years, continuing as long as said building is necessary or useful for the purpose for which it is proposed to be constructed. AND BE IT FURTHER RESOLVED that the City Clerk cause a certi- fied copy of this resolution to'be filed with the Board of Education of the City of San. Luis Obispo. PASSED AND ADOPTED this 29th day of Septembers- 1941, by the following vote: - AYES: W.H.Brazil, R.P.Howell, Ralph C.Kennedy, F.C.Kimball, Joseph,, Leary NOES: None ABSENT: None _5 •< ATTEST • Ma7cir ulty MEN y J RESOLUTION No. 623_. -_(New Series) A RESOLUTION PROVIDING FOR ADDITIONAL SALARY TO BE PAID TO'THE CHIEF OF THE FIRE DEPARTMENT. BE IT RESOLVED BY THE COUNCIL of the City of San Luis Obispo as follows: That in addition to the salary provided to be paid to the Chief of the Fire Department of the City of Sam Luis Obispo by the provisions of Resolution No. 618 .(New Series) passed and adopted on the 15th. day of September, 1941, entitled, "A Resolution Fixing the Salaries and Compensation to be Paid to Members of the Fire Depart- ment", there shall be allowed and paid to the Chief of the Fire Department an additional salary of Twenty Five Dollars ($ 25.00) per month. Such additional salary shall be paid from the Water Department Fund and as compensation for services rendered said department by the Chief of the Fire Department. Such additional salary shall'be payable from and after.the lst. day of October; 19413 and until.the further order of the City Council. PASSED AND ADOPTED this 6th. day of October, 1941, by the following vote: - AYES: W.H. Brazil. R:P.Howe11,Ralph C.Kennedy,F.C,Kimball,Joseph Leary NOES:. None ABSENT: None ATTEST: Mayor -_.__- City Clerk RESOLUTION N0. 624 _(New Series) A RESOLUTION GRANTING TO THE SOUTHERN PACIFIC COIJ- PANY PERMISSION AND THE RIGHT AND PRIVILEGE, IN CONNECTION WITH AND AS INCIDENT TO THE OPERATION OF ITS STEM RAILvVAY FOR THE TRANSPORTATION OF PAS- SENGERS AND FREIGHT, TO CONSTRUCT AT GRADE, MAIN- TAIN AND OPERATE -ONE ADDITIONAL TRACK ACROSS OSOS STREET IN THE CITY OF.SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: That there be and is hereby granted to the Southern Pacific Company, a corporation, permission and the right and privvilege, in connection with and as incident to the operation of its steam railway for the transportation of passengers and freight, to construct at ✓ grade, maintain and operate one additional track across Osos Street in the City of San Luis Obispo. PASSED AND ADOPTED this 20th day of October, 1941, by the following vote: AYES :.W*Hi Brazi1,R.P.Howe11,Ralph C. Kennedv,F.C.Kimbail Tnsee _h 7.aArQ NOES: None ATTEST: City Clerk 6 • RESOLUTION N0.625 (New Series) A RESOLUTION DECLARING CERTAIN PORTIONS OF OSOS STREET., HIGH STREET, BUCHON STREET, BROAD STREET AND NORTH BROAD STREET TO BE AND CONSTITUTE BO%E- VARDS. WHEREAS, under and pursuant to the provisions of Section 24 of Ordinance No. 122 (New Series) of the City of San Luis Obispo, en- titled "An Ordinance Regulating Traffic Upon and the Parking of Vehicles on the Public Streets of the City.of San Luis Obispo ", as amended by Ordinance No. 124 (New Series) entitled, "An Ordinance Amending Section 24 of Ordinance No. 122 (New Series) "., the City Council of the City of San Luis Obispo is authorized to declare any street or portion of any street within the City of San Luis Obispo to be and constitute a boule- vard. AND WHEREAS, said City Council is desirous of declaring por- tions of Osos Street, High Street, Buschon Street, Broad Street and North Broad Street to be and constitute boulevards; NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo /that Osos Street from the Southerly line of Leff Street to the Northerly line-of Pismo Street;_- High - Street_ from the�Easterll - _ - line of Higuera Street to the Easterly line of Beebee Street, extended Northerly; Buchon Street from the Easterly line of Osos Street to the Westerly line of Toro Street; Broad Street from the Southerly line of Francis Avenue to the Northerly line of Lawrence Drive; and North Broad Street from the Northerly line of Mill Street to the Southerly line of Lincoln Avenue /be and the same are hereby declared to be boulevards for the purpose mentioned in Section 24 of said Ordinance No. 122 (New Series). PASSED AND ADOPTED by the Council of the City of San Luis Obispo this 20th day of October, 1941, by the following vote: AYES: W.H.Brazil,R.P.Howell, Ralph C. Kennedy,F:C.Kimball,doseph Leary NOES: None ncwakyo ATTEST: It�a r City Clerk - 1 - RESOLUTION.NO.. 626 (New Series) A RESOLUTION_ DETERUNING THE GENERAL PREVAILING RATE OF PER DIED WAGES BE IT RESOLVED by the City Council of ihe.City of San Luis Obispo as follows: That the general prevailing rate of per diem wages, and the general prevailing rate of per diem wages for legal holiday and over- time work, within the City of San Luis Obispo and within the locality 6 , Where the public work hereinafter described is to be performed, for each craft or type of workman needed to execute the contract, which rate or rates shall apply to the work — proposed to P) done in connec- �, , '^' , o-..4- . `. C C Z tion with the construction of enlargements and improvements to the municipal sewage disposal plant of the City of San Luis Obispo, has been and is hereby determined to be as follows: CRAFTS OR TYPES OF PREVAILING PREVAILING WORKMEN HOURLY WAGE PER DlEM RATE_ RATE PER DAY Asphalt Mechanical Finish Operator 1.2.5 $ 10.00 Blacksmith 1.125- -9.00 Bricklayers (6 hour minimum day) 1:50 12.00 Bricklayers Hodcarriers (6 hour minimum day)-l.25 10.00 Blade Grader Operator - finish. work 1.375 11.00 Carpenters 1.175 9.40 Concrete Mixer Operator 1.25 10.00 Cement Finishers 1.25 10.001 Cement Finishers - Foreman 1.375 111.00 Dragliine Engineers 10315 11.00 Electrical Workers 1:50 12.00 Electrical Workers- Helpers . 1.125 9..00 Engineer - Compressor 1.125 9.00 Engineer - Hoisting on Building 1.25 10.00 'Engineer - Structural or steel erection 1.50 12.00 Glaziers 1.15 -9.20 Grader Operator, towing or motor, rough work 1.50 12.00 - 1 - Ironworkers - Structural and Bridge 1.50 Ironworkers - Welders 1.50 Ironworkers - Housesmiths, reinforced concrete or rod -men 1.25 LABORMS Asphalt and any-hot -stuff rakers and ironers 1.00 Asphalt and any hot -stuff shovelers .80 Building Laborers .75 Cribbers 1.10 Concrete Workers (set and dry) .80 Concrete or form strippers .75 General Laborers •75 Headerboard Men. 1.25 Jackhammer Operators (and handlers of pneumatic tools over 50 lbs.) 1.00 Jackhammer Operators (and handlers of pneumatic tools under 50 lbs.) 1.00 Guards .75 Flagman .75 Truck Laborers (Swamper) •875 Vibrators under 2'" dimension 1.00 Vibrators over 22" dimension 1.00 Watchman •75 Blasters and powder men 1.10 Sheeting, lagging,.timbermen, cribbing,. bracing and propping 1.10 Vitrified and concrete pipe laying laborers .875. Lathers (6 hour minimum day) 1.50 Lumber Handlers •75 Lumber Clerks •75 Mechanic - General Repairman 1.00 Automotive Machinist 1.00 Machinists 1.00 Machinists - Helpers .80 . - 2 - 12.00 12.00 10.00 8.00 6.40 6.00 8.80 6.40 6.00 6.00 10.00 8.00 8.00 6.6o 6.00 7.00 8.00 8.00 6.00 8.80 U 7.00 12.00 6.00 6.00 8.00 8.00 8.00 6.40 Machinists - Combination Welders $ 1.375 $.11.00 Millmen.- Sash and Door 1.175 9.40 Painters (7 hour minimum day) 1.15 9.20 Painters - Spraymen (7 hour minimum day) 1:50 12.00 Painters - Structural steel (7 hour_ minimum day) 1.15 9.20 Sand Blast Operators - Preparatory to paint 1.25 10..00 Plasterers (6 hour minimum day) 1.50 12.00 Plasterers Hodcarriers (6 hour minimum day) 1.25 10.00 Plumbers 1.50 12.00 Plumbers - Helpers 1.00 8.00 Roller Operators 1.25 10.00 Roofers 1.25 10.00 Sheet Metal Workers 1.3125 10.50 Sheet Metal Workers - .Helpers 1.00 8.00 Shovel Operators 1.50 12.00 Sign Painters 1.50 12:00 Shovel Cranemen (6 hour minimum day) 1.50 12:00, Shovel Firemen (6 hour minimum day 1100 8.00 Shovel Oilers (6 hour miniminn day) 1.00 8.00 Steamfitters 1:50 12.00 Steamfitters - Welders 1.50 12.00 Steamfitters - .Helpers 1.00 8900 Tractor Operators under 35 HP 1.25 10.00 Tractor Operators over 35 EP 1.375 11.00 Auto Truck Drivers, less than 4 yds. 1.00 8.00 Auto Truck Drivers, 4 yds. and over 1.25 10.00_ Transit Mix Truck - Drivers 1:125 9.00 The foregoing schedule of per diem wages is based upon a working day of eight hours, unless otherwise specified above. The hourly wage rate prescribed hereinabove is the per diem rate divided by the number of hours constituting the working day. . - 3 - Eight hours of continuous employment, except for lunch per- .iods, shall constitute a day's work when a. single shift is employed, and seven and one -half hours of continuous employment, except for lunch periods, shall constitute ~'a day's work when two or more shifts are employed. When less than the number of hours hereinabove specified as constituting the working day are worked, the rate of wages per day shall be proportionately` reduced but the hourly rate shall remain as hereinabove stated. Work in excess of eight hours per day shall be permitted upon compensation, when a single shift is employed, at one and one - half times the.basic.rate of pay for all hours worked in excess of eight hours on any one day, or at any time during the interval from 5 P.M. Friday to 7 A.M. Monday, or on any legal holiday; and when two or more shifts are employed, at one and one -half times the basic rate of pay for all hours worked in excess of seven and one =half hours on any one day or at any time during the interval from Friday midnight to Sunday midnight. INTRODUCED, PASSED AND ADOPTED by the City Council of the. City of San Luis Obispo at a special meeting of said City Council duly and regularly called and held on the 22nd day of October, 1941, in full compliance with the provisions of the ordinance of said City regulating the meeting of said City Council, all members of said City Council being present and voting on said Resolution, and the vote being as follows: AYES: W H Brazil R P Howell,Raloh C Kennedy .F. C Kimball Joseph Leary NOES: None ABSENT: None ATTEST: DyCW_ City Clerk Presented to and approved by me this day of tober, 1941 L - `_ -Mayor RESOLUTION N0. 627 (New Series) A RESOLUTION DETERMINING THE-GE N`ERAL PREVAILING. RATE OF PER DIEM WAGES. APPLICABLE TO DEFENSE POB -' LIC WORKS PROJECT, DOCKET NO. _ CALIF. .4 -144 WHEREAS the City Council of the City of San Luis Obispo did: on the 22nd day of October, 1941, adopt its Resolution No.626 (New Series), entitled "A Resolution Determining the General Prevailing Rate of Per Diem Wages ". AND WHEREAS, it appears that certain changes should be made in the general prevailing rate of per diem wages as set forth in said. resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City -of San Luis Obispo as follows: That the general prevailing rate of per diem wages, and the general prevailing rate of per diem wages for legal holiday and over- time work, within the City of San Luis Obispo and within the locality where the public work_ hereinafter described is to be performed, for each craft or type of workman needed to execute the contract, which rate or rates shall apply to the work proposed to be done in connec- tion -with the construction of enlargements and improvements to the municipal sewage disposal plant of the City of San Luis Obispo, being Defense Public Works Project, Docket Calif. 4 -144, has been and is hereby determined,to be*as follows: CRAFTS OR TYPES OF PREVAILING PREVAILING WORKMEN. HOURLY WAGE PER DIEM RATE RATE Asphalt Mechanical Finish. Operator 1.25 10.00 Blacksmith Bricklayers Bricklayers Hodcarriers Blade Grader Operator - finish work Carpenters Concrete Mixer Operator (skip type) - 1 - 1.125 9.00 1.50 12.00 1.25 10.00 1.375 11.00 1.175 9.40 1.25 10.00. . L -7 Cement Finishers - $ 1.25 Cement Finishers - Foreman 1.375 Electrical Workers 1.50 Engineer- Compressor 1.125 Engineer = Hoisting on Building 1.25 Engineer - Structural or steel erection.. 1.50 Glaziers 1.15 Grader Operator, towing or motor, rough work 1.50 Ironworkers - Structural and Bridge 1.50 Ironworkers - Welders 1.50 Ironworkers - Housesmiths, reinforced concrete or rod -men 1.375 LABORERS Asphalt and any hot -stuff rakers and ironers 1.00 Asphalt and any hot -stuff shovelers .80 Building Laborers .75 Cribbers 1.10 Concrete Workers (wet and dry) .80 Concrete or form strippers •75 General Laborers .75 Headerboard Men 1.25 Jackhammer Operators (and handlers of pneumatic tools) 1.00 Guards .75 Flagman .75 Truck Laborers (Swamper) •875 Vibrator Operator 1.00 Watchman .75 Blasters and powder men 1.10 Sheeting, lagging, timbermen, cribbing, .bracing and propping 1.10 Vitrified and concrete pipe laying laborers .875 - 2 - 0 10.00 11.00 12.00 9.00 10.00 12.00 9.20 12.00 12.00 12.00 11.00 8.00 6.40 6.00 8.80 6.40 6.00 6.00 I • • •� 8.00 6.00 6.00 7.00 8.00 6.00 8.80 8.80 7.00 ft 67L Lathers 1.50 12.00 Lumber Handlers .75.. 6.00 Lumber Clerks .75 6.00 Mechanic - General Repairman 1.00 8.00 Mechinists ( Heavy duty mechanic) 1.375 11.00 Machinists - Helpers 1.00 8.00 Machinists - Combinati.on Welders 1.375 11.00 Painters 1.15 9.20 Painters - Spraymen 1.50 12.00 Sand Blast Operators - Preparatory to paint 1.25 10.00 Plasterers 1.75 14.00 Plasterers Hodearriers 1.2.5 10000 Plumbers 1.50 12.00 Roller Operators 1.25 10.00 Roofers 1.25 10.00 Sheet Metal Workers 1.3125 10.50 Shovel Operators (Less than 1 yard) 1.50 12.00 Sign Painters 1.50 12.00 Shovel Cranemen 1.50 12.00 Shovel Firemen 1.00 8.00 Shovel Oilers 1.00 8.00 Steamfitters 1.50 12.00 Steamfitters - Welders 1.50 12.00 Steamfitters - Helpers 1.00 8.00 Tractor Operators under 35 HP 1.25 10.00 Tractor Operators over 35 HP 1.375 11.00 Auto Truck Drivers, less than 4 yds.- 1.60 8.00 Auto Truck Drivers, 4 yds. and over 1.25 10.00 Transit Mix Truck Drivers 1.125 9.00 The foregoing schedule of per diem wages is based upon a working day of 8 hours. The rate of legal holiday and overtime work shall be at time and one half. - 3 - It shall be mandatory-upon the contractor to whom the con- tract is.awarded, and upon any subcontractor under him,.to "pay not less than the said specified rates to all laborers, workmen and mechanics employed by them in the execution of the contract. INTRODUCED, PASSED AND ADOPTED by the City Council of the City of San Luis Obispo at an adjourned regular meeting of said City Council duly and regularly held on the 28th day of October, 1941, All members of said City Council being present and voting on said Resolution, and the vote being as follows:. AYES: W.H.Brazil.R.P.Howell.Ralnh C_ .Kennady P- Q- {ymha71- Tngeph Tofli.v J NOES: None ABSENT:, W nn cv mayor ATTEST: City Clerk Presented to and approved by me this _.28th -day of October, 1941. Ma or n - 4 - RESOLUTION NO.spA_(New Series) A RESOLUTION APPROVING THE PLANS, CONTRACT DOCU- MENTS AND SPECIFICATIONS FOR THE PROPOSED CONSTRUC- TION OF ENLARGFIIENTS AND IMPROVEi%1ENTS TO THE SEWAGE DISPOSAL PLANT, DEFENSE PUBLIC WORKS PROJECT, DOCKET CALIF. 4 -144, AND DIRECTING THE CITY CLERK TO ADVER- TISE FOR BIDS FOR SUCH WORK. WHEREAS, there has been presented to the City Council of the City of San Luis Obispo by Mr. Harry N. Jenks, Consulting Engineer, plans, contract documents and specifications for the pro- posed construction of enlargements and improvements to the municipal sewage disposal plant of said city, said plans being entitled "City of San Luis Obispo, California Plans for the Construction of a Municipal Sewage Works Project, Defense Public Works, Docket No. Calif. 4- 1.44 ", and said contract documents and specifications being entitled "City of San Luis Obispo California Contract Documents and Specifications for the Construction of a Municipal Sewage Works Pro- ject Defense Public -Works Docket No. Calif. 4 -144 ". AND WHEREAS, said plans, contract: documents and specifica- tions have been approved by Mr. Wright L. Felt, Region Dixector, Defense Public Works Division, Region No. 10. AND WHEREAS, said plans,.contract documents and specifica- tions have been examined by the City Council of the City of San Luis Obispo. NOW, THEREFORE, BE IT RESOLVED that said plans, contract and�dopted documents and specifications be and the same are hereby approve by the City Council of the City of San Luis Obispo-and the same are here- by directed to be filed in the office of the City Clerk of said city. AND BE IT FURTHER RESOLVED that the City Clerk be and he is hereby directed to publish for one day only, in the San Luis Obispo Independent, a weekly newspaper, published in said city, and for one day only in the Telegram- Tribune, a daily newspaper published in said city, an advertisement for bids in the fora set forth in said contract documents and specifications, said bids to be received by said City Council up to 8:00 o'clock P.M. on the 17th day of November; 1941, to be then opened and publicly read. PASSED AND ADOPTED this 28th day of October, 1941, by the following vote: AYES: W.Ii.Brazil,R.P.HvNell,Ralph C. Kennedy, 1'.(;.Kimball,,Toseph Leary NOES: None ATTEST; City Clerk - 2 - 9 RESOLUTION No. 629 (New Series) A RESOLUTION ACCEPTING THE PROPOSAL OF HARRY N. JENKS, AS CONSULTING ENGINEER, IN CONNECTION WITH THE PROPOSED ENLARGIMENT AND IMPROVE[ENT OF THE'SYNAGE DISPOSAL PLANT. WHEREAS, Harry N. Jenks did heretofore submit in writing to the City Council of the City of San Luis Obispo his proposal or offer in writing to perform certain services as consulting engineer in connection with the proposed construction of ehlargements and improvements to the municipal sewage disposal plant to be constructed li,x =!k) with funds furnished in part by the United, States through the Federal Works Agency, Defense Public Works Division, Docket.Calif. 4 -144, which said proposal or offer was accepted by the City Council at its meeting held on the 14th. day of July , 1941• AND WHEREAS, certain changes in said proposal or offer have been required by the Federal Works Agency, Defense Public Works Division, said changes consisting of,-setting forth the .exact compen- sation to be received by said Harry N. Jenks,.as such consulting engineer, in a lump sum figure, rather than on a percentage basis. AND WHEREAS, said Harry-N. Jenks has re- submitted to the City Council his proposal or offer, making therein the changes so required, said new proposal or offer being dated October 28, 1941. NOW THEREFORE, BE IT RESOLVED by the'City Council of the City of San Luis Obispo that said.new proposal or offer, dated October 289 1941, be and the same is. hereby accepted by the,City of San Luis Obispo, the same to replace the former proposal or offer made by said Harry N. Jenks; and said new proposal or offer is hereby directed to_ be filed in the office of the City Clerk of-said City. PASSED AND ADOPTED this 28th. day of October, 1941, by the following vote: AYES: W.H.Brazil,R.P,Howell, Ralph C._ Kennedy, F.C1 imball, •.Trig =h Ley NOES: None ABSENT: None 00 RESOLUTION N0, 630 (New Series) A RESOLUTION ACCEPTING THE PROPOSAL OF KENNETH BECK FOR DOING THE ENGINEERING WORK, SUPERVISION AND INSPECTION IN CONNECTION WITH THE PROPOSED ENLARGEMENT AND iMPROVY.MENT OF THE. SEWAGE DIS- POSAL PLANT. : WHEREAS, Kenneth Beck has submitted to the City Council of the City of San Luis Obispo his proposal or offer for doing the en- gineering work, supervision and inspection of enlargements and im- provements to the municipal sewage disposal plant to be constructed with funds furnished in part by the United States through the Federa -1 -- Works Agency, Defense Public Worms Division, Docket.Calif. 4 -144, the said proposal or offer being dated November 3, 1941. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that, subject to the approval of said.Defense Public Works Division, said proposal or offer, dated November 3, 1941, be and the same is hereby accepted by the City of San Luis Obispo; and said proposal or offer is hereby - directed to be filed in the office of the City Cler-k.of said city. PASSED AND ADOPTED this 3rd day of November., 1941, by the following vote: ' AYES : "i•H•Brazil,R.F.Howell,Ralph C. Kennedy, F. 0.Kimball,Joseph Leary, NOES: None ATTEST: City Clerk \ .v KBNNETN BECK CIVIL ENGINEER AND SURVEYOR M BURCH & BECK CIVIL KNOIN6ER8 SECURITY-FIRST NATIONAL BANK BUILDING SAN LUIS OBISPO. CALIFORNIA November 3, 1941 so The Honorable Mayor & City ..Council of the City of San Luis Obispo, California Gentlemen: I submit herewith for your consideration a proposal for doing the engineering work, supervision and inspection in connection with the construction and improvements to be made at the City of San Luis Obispo Sewage Disposal Plant. PHONE 788 I will do all engineering field work, furnishing survey party, including engineering equipment, materials and trans- portation for the staking out of the project and other sur- vey work that is needed during the construction of the Sewage Disposal Plant. In addition, I will give the construction work my personal general supervision and inspection as well as furnishing a competent and reliable engineer who will de- vote his entire time to the supervision and inspection of the project. In consideration of the above work, I will expect the following compensation, viz: The City of San Luis Obispo to compensate me monthly for the full time engineer and at the rate of $250 per month for the days he is actually employed upon the project and who I shall ay at the same monthly rate. In addition, I am to receive 1000 which is to be paid in six equal monthly payments, the last payment to be made upon the com- pletion of the project. KB:lj Respectfully submitted, BURCH & BECK RESOLUTION N0. 631 (New Series) A RESOLUTION AMENDING THE SPECIFICATIONS FOR THE PROPOSED CONSTRUCTION OF ENLARG MENTS AiVD IMPROVE- MENTS TO THE SEWAGE DISPOSAL PLANT. WHEREAS; by Resolution No. 628 (New Series) entitled "A Resolution Approving the Plans, Contract Documents and.Specifications for the Proposed Construction of Enlargements and Improvements to the Sewage Disposal Plant, Defense Public Works Project, Docket Calif. 4 -144, and Directing the City Clerk to Advertise for Bids for such work ", the City Council of the City of San Luis Obispo on the Sth day of October, 1941, approved the plans, contract documents and specifications for the proposed construction of enlargements and im- provements to the municipal sewage disposal plant of said city, said specifications being entitled "City of San Luis Obispo California Contract Documents and Specifications for the Construction of a Muni- cipal Sewage Works Project Defense Public Works Docket No. Calif. 4 -144 "• AND WHEREAS, under the G NY.;iAL CONDITIONS of said specifi- cations (Article 1, Part I) fixed and liquidated damages of Fifty Dollars (50.00) were specified and required to be paid by the con- tractor for each calendar day of delay in the completion of such work. AND WHEREAS, said City Council desires to reduce the amount of such fixed and liquidated damages from Fifty Dollars ($50,00) per day to Twenty -five Dollars ( 25.00) per, day. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that said specifications be amended so that the words "Fifty Dollars ($50.00)" appearing in line ten, Article 1, Part I of said specifications shall be changed to read "Twenty -five Dollars ($25.00) ". The City Clerk is hereby directed to note the change made by the terms of this resolution on the official copies of said speci- fications now on file in his office. - 1 - PASSED AND ADOPTED, this 3rd day of November, 1941, by the following vote: AYES: W.H.BrazilA R.P.Howell,Ralph b.Kennedv.F.C,KimbgjI oseph Leary- NOES: None ABSENT: None ATTEST: -- f-wh_ City.Clerk - 2 - -.Mayor. RESOLUTION NO. _632 New Series) A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN APPLICATION TO THE DIVISION OF WATER RESOURCES OF THE STATE OF CALIFORNIA FOR THE APPRO= PRIATION OF WATER FROM AN UNNAMED SPRING, TRIBUTARY TO STEINER CREEK. BE IT RESOLVED by the City Council of the City of San Luis Obispo that the Mayor and City Clerk of said city be and they are hereby authorized to execute for and on behalf of said City of.San Luis Obispo, an application to the Division of Water Resources of the State of California for the appropriation of water from an un= named spring, tributary to Steiner Creek for municipal purposes. INTRODUCED AND ADOPTED this 3rd day of November., 1941, by the following vote: AYES: W.H.Brazil,R.r..Howell,Ra_lph C.Kennedy,F.C. Kimball. Joseph Leary NOES: None ABSENT: None Mayor ATTEST; City. Clerk RESOLU' RESOLUTION OF CITY of O N UJIS D1 0 FOR EXPENDITURE OF 1/4 CENT rION NO. 633 (Nen Series) THE CITY COUNCgI &L{9 7OFF�)ITHE APPROVING/MEMORANDUM OF AGREEMENT GAS TAX ALLOCATED FOR STATE HIGHWAYS WHEREAS, the State of California, through its Depart- menrtAA��,,of�y Public Works, Division of Highways, has presented afinemorandum-of agreement in accordance with a project statement submitted by the.'City for expenditure of the 1/4 cent gas tax for the 10,413 biennium allocated for State highways in the City of SmAmc ObIppo and WHEREAS,.the city council has heard read said agree- ment in full and is familiar with the contents thereof; THEREFORE, be it resolved by the city council of the City of LUIo ObIOP0 that said agreement for ex- penditure of the 1/4 cent gas tax allocated for State high- ways be and the same is hereby approved and the Mayor and the City Clerk are directed to sign the same on behalf of said .City. ADOPTED this /0 day of Attest: , 19 4 A I hereby certify that the foregoing resolution.was duly and regularly mesed.by the city council of the City of at a regular meeting thereof held FORM MC -g M37 7-91 2M EST 9M6 -..:t. ._.'_ _i i. .•. ,,.. ter` -i '.r - :i.: ..z r...... .vl. .� _ _ 1 FZ �,i� ;CIOi u PASSED AND ADOPTED this 10 th day of November, 1941 by the followi #g roll call vote: AYES: iN.H.Brazil, R.P.Hoviell, Ralph C. Kennedy, F.C_.Kimball, Joseph Lear., NOES: None ABSENT: None d . E_. Br own City Clerk F.C.Kimball Mayor EST. C1T1. "863 5-41 IOU �> �• STATE OF CACPfORNIA' DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS: DISTRICT V 80 NIGUERA STREET - SAN LUIS OBISPO, CALIFORNIA ADDRESS ALL COMMUNICATIONS PLEASE REFER TO TO P. D. 9Dx Eat November 7, 1941 FILE No. V-SLO -SLO Mr. J. E. Brown City Clerk San Luis Obispo, Calif. Dear Sir: Attached.for execution by the Mayor-and City Clerk as is to be authorized by Resolution of the City Council, forms for which are also attached,.is first supplemental immorandum of agreement for expenditure of the 1/4 cent gas tax for State highways for the current biennium: This supplemental memorandum has been prepared to include the project for the installation of traffic signals and z.-:rarning flashers on 'Route :2. After execution by the Mayor and City Clerk, please return the original and duplicate copies to this office for further handling. The triplicate copy is for your files. You :rill later receive the fully executed duplicate copies. .Very truly yours, L. F. GIBSON District Engineer BY . District Maint. Engr. WSD:LB CC -Cim Eric 1. El 63'f RESOLUTION NO. 634 (New Series) A RESOLUTION AWARDING THE CONTRACT FOR THE CON- STRUCTION OF ENLARGEMENTS AND IMPROVEMENTS TO THE SEWAGE DISPOSAL PLANT. WHEREAS the City Council of the City of San Luis Obispo did heretofore advertise for bids for the'construction of enlarge- ments and improvements to the sewage disposal plant -of said City in accordance with the plans entitled, "City of San Luis Obispo, Calif- ornia Plans for the Construction of a Municipal Sewage Works Project, Defense Public Works, Docket No. Calif. 4- 144T1, and the contract documents and specifications entitled, "City of San Luis Obispo, California Contract Documents and Specifications for the Construc- tion of a Municipal Sewage Works Project, Defense Public Works Docket No. Calif. 4- 144 "., said plans, contract documents and specifications being on file in the office of the City Clerk of the City of San Luis Obispo. AND WHEREAS said City Council fixed Monday, the 17th. day of November, 1941, at the hour of 8:00 o'clock P. M. as the time when bids would be received, opened and read. AND WHEREAS several bids were received by said City Council and, at the time fixed, were publicly opened and read. AND WHEREAS all bids received were carefully examined and considered by said City Council, and it appearing to said City - s '(, U- t Wr Council that the bid of F. C. Stolte Company, a corporation, was the lowest and best bid received and the bid most advantageous'to the_ City of San Luis Obispo; and it also appearing that said F. C. Stolte Company, a corporation, was the lowest, regular, responsible bidder to file a bid. =W L v NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that it award, and it does hereby award the contract for the construction of said enlargements and improve- ments to the sewage disposal plant of said City to said F. C. Stol.te Company, a corporation, at the base amount named in its bid, received 37 °!$o as aforesaid and now on file, to -wit: The sum of $ 146,000.00 includ- ing alternates one (1) to five (5) inclusive, as set forth in said bid, making a net bid of $ 118 t,00.00, said contract to be in the form contained in the aforesaid contract documents._ This award, however, is subject to the final approval of said bid and award by the Federal Works Agency, Defense Public Works Division. 1 AND BE IT FURTHER RESOLVED, that, upon such approval, the Mayor of the City of San Luis Obispo is hereby authorized to execute said contract for and on behalf of said City, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 17th. day of November, 1941, by the following vote: AYES: W.H.Brazi1,R..P.Howell, Ralph '�. Kennedy, F.C.Kimball,doseph Leary NOES: None ABSENT: None ATTEST:j✓i�� City .�,'12Tk - 2 - Mayor s a I, J. E. Brown, the duly appointed, qualified and acting City Clerk of the City. of San Luis Obispo do hereby certify that the within resolution is a full, true and correct copy of Resolution No. (New Series), duly and regularly adopted by the City Council of the City of San Luis Obispo on the 1 7th day of November, 1941, as the same now appears on file and of record in my office. IN WITNESS W=EOF I have hereunto set my nand and affixed the official seal of the City of San Luis Obispo this_fl day of November, 1941. 'l .6,ity Clerk 0 RESOLUTION NO. 635 (New Series) A RESOLUTION REVISING THE ESTIMATED COST OF DEFENSE PUBLIC WORKS PROJECT, DOCKET NO. CALIF. 4 -144. WHEREAS, the Federal works Agency, Defense Public Works Division, heretofore made an offer of federal assistance to the City of San Luis Obispo to aid in the construction of enlargements and improvements to the sewage disposal plant of said city, which offer was duly accepted by said city, and is known as Defense Public Works Project, Docket No. Calif. 4 -114. AND WHEREAS, an estimate was previously made of the various items entering into the cost of such project. AND thHEREAS, a bid has been accepted by said city for the construction of said project and, in view of the acceptance of such bid and other information now available to said City Council, it appears that a revision of the previous estimate should be made, transferring certain sums into.the construction account, which sums were previously in other accounts, and establishing a miscellaneous account, as follows: 1. Transferring the sum of $200.00 from "preliminary costs" to the construction account. 2. Transferring the sum of $1,660.00 from "engineering" to the construction account. 3. Transferring the sum of $1,200.00 from "legal and administration" to the construction account. 4. Transferring the sum of X5400.00 from "interest" to the construction account. 5. Establishing a "miscellaneous account" and trans- ferring the sum of $300.00 from "interest" to such miscellaneous account, all as set forth in the following table of classification of project costs, to -wit: - 1 - Classification 1 Preliminary Land and Right of Way Construction Engineering Legal and Admin. Interest Miscellaneous Total s Latest Approved From This Change Estimate._ 2 3 4 500.00 500.00 - 200.00 1162970.00 116,970.00 a 3,460:.00 9,360.00 9060.00 1,660.00 11200.00 1,200.00 - 12200.00 700.00 700.00 - %00.00 g 300.00 128,730.00 1282730.00 0 00 To 5 300.00 120,430.00 7,700.00 0 0 300.00 128,730.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the subject to the-approval hereinafter referred to, City of San Luis Obispo that,. /such transfers be made and such miscel- laneous account be established. AND BE IT FURTHER RESOLVED that the Regional Director, Federal Works Agency, Defense Public Yiorks, Region No. 10, be and he is hereby requested to approve the transfers above set forth. PASSED AND ADOPTED this 24th day of November, 1941, by the following vote: i r � • • • r NOES: None ABSENT: None ATTEST: :.City Clerk - 2 - RESOLUTION NO. 636 Mew Series) A RESOLUTION CANCELLING.THE AWARD OF CONTRACT. FOR THE CONST:kVCTION OF ENLARGEMENTS AND ILA &OVE - MENTS TO THE SEWAGE DISPOSAL PLANT, AND REAWARD- ING SAID CONTRACT. WHEREAS, by Resolution No. 634 (New Series).entitled, "A Resolution Awarding :the Contract,for.:.the Construction of Enlargements and Improvements to the Sewage Disposal Plant ", passed and adopted by the City Council of the City of San Luis Obispo on the 17th. day of November, 1941, said City Council awarded the contract for the construction of enlargements and improvements.,to,.,the.,sewage disposal plant of said City, said contract being Defense,.Public.Works Project, Docket No. Calif. 4 -144, to F. C. Stolte Company,. a:.:corporation, accepting and deducting alternates one (1) to five (5) inclusive, as set forth in the bid of said F. C. Stolte Company, at a net bid of $118,100.00. AND WHEREAS the award of said contract, by the terms of said Resolution, was made subject to the approval of the Federal Works Agency, Defense Public Works Division. AND WHE_RFAS said Federal Works Agency, Defense Public Works Division has declined to approve the award of said contract on the ground that the'aeceptance and deduction of alternates one (1) to .five (5) inclusive, would provide for the partial construction of certain portions of said sewage disposal plant but would not provide for the completion oY such portions so as to make them usable. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, that the award of the contract heretofore made to said F. C. Stolte Company,-by the terms of said Resolution No. 634 --(New Series), be and the same is hereby cancelled.- revoked and annuled. AND BE IT FURTHER RESOLVED by said City Council that it award, and it does hereby award, the contract for the construction - 1 - of said enlargements and improvements to the sewage disposal plant of said City to said F. C. Stolte Company, a corporation, at the base amount named in its bid heretofore received and now on file, to -wit: The sum of $ 146,000.00, accepting and deducting alternates 11 29 3, 4 and 6, as set forth in said bid, making a net bid of $ 112,200.00, said contract to be in the form contained in the contract documents pertaining to said project. This award, however, is subject to the final approval of said bid and award by the Federal Works Agency, Defense Public Works Division. AND BE IT FURTHER RESOLVED that, upon such approval, the Mayor of the City of San Luis Obispo is hereby authorized to execute said contract for and on behalf of said City, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 24th. day of November, 1941, by the following vote: AYES :W.H.Brazil,R.P.Howell,Ralph C.Kennedy,F.C.Kimball, Joseph Lear NOES: None ABSENT:* None ATTEST: City Clerk i r' of said enlargements and improvements to the sewage disposal plant of said City to said F. C. Stolte Company, a corporation, at the base amount named in its bid heretofore received and.now on file, to -wit:. The sum of $146,000.00, accepting and deducting alternates e --3- �- Vie, as set forth in said bid, making a net ' bid of $112,200.00, said contract to be in the form contained in the contract documents pertaining to said project. This award, however, is subject to the final approval of said bid and award by the Federal Works Agency, Defense Public Works Division. AND BE IT FURTHER RESOLVED that, upon such approval, the Mayor of the City of San Luis Obispo is hereby authorized to execute said contract for and on behalf of said City, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 24th. day of November, 1941, by the following vote: AYES :W. H. Brazil, R. F. Howell, Ralph C. Kennedy aF.C. Kimball ,,Tosep4 Leary NOES: None ► . ATTEST: City Clerk - 2 - C 37 RESOLUTION No. 637 (New °Series) A RESOLUTION ACCEPTING A LEASE FROM SAN LUIS OBISPO SCHOOL DISTRICT ON.PART OF BLOCK 1119 'FISSION VINEYARD TRACT AND PROVIDING FOR THE EXECUTION OF SAID LEASE. WHEREAS San Luis Obispo School District by lease dated ;. 3 November 18, 1941, has offered to lease to the City of San Luis Obispo, for community recreational purposes, that certain real property situated in the City of San Luis Obispo, and described as follows: A11 of Block 111 according to the Map of Mission Vineyrad Tract filed for record March 8, 1873, in the office of the County Recorder of the County of San Luis Obispo. Excepting therefrom all that portion thereof described as follows; to -tilt: Beginning at the Southeasterly corner of said'Block 111; thence Westerly, along the Northerly line of Buchon Street.155 feet; thence Northerly, parall el to Santa Rosa Street, 120 feet; thence Easterly, parallel to Buchon Street 155 feet to the Westerly line of Santa Rosa.Street; thence Southerly along the Westerly line of Santa Rosa Street, 120 feet to the point of beginning. AND WHEREAS the public interest demands that said lease be entered into by the City of San Luis Obispo. NOW THEREFORE, BE IT RESOLVED by the City Council of -the City of San Luis Obispo that said lease be accepted by the City of, San Luis Obispo, and the Mayor is hereby authorised and directed to execute said lease for and on behalf of the City of San Luis Obispo, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 24th. day of November, 1941, by the follov,ing vote: -r AYES: W:$. Brazil,R.P.Howell,Ralph 0. Kennedy,F.C.Kimball, Joseph Leary NOES: None ABSENT: N ATTEST City Clerl� L � May r w s. RESOLUTION NO. 638 (New Series) A RESOLUTION DECLARING CERTAIN PORTIONS OF MONTE- REY STREET, PACIFIC STREET, BEACH STREET AND PISMO STREET TO BE AND CONSTITUTE.BOULEPARDS WHEREAS, under and pursuant to the provisions of Section 24 of Ordinance No. 122 (New Series) of the City of San Luis Obispo, en- titled "An Ordinance Regulating Traffic Upon and the Parking of Vehicles on the Public Streets of the City of San Luis Obispo", as amended by Ordinance No. 124 (New Series) entitled, "An Ordinance Amending Section 24 of Ordinance No. 122 (New Series)", the City Council of the City of San Luis Obispo is authorized to declare any street or portion of any street within the City of San Luis Obispo to be and constitute a boule- vard. AND WBM A,S, said City Council is desirous of declaring por- tions of Monterey Street, Pacific Street, Beach.Street and Pismo Street to be and constitute boulevards. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Monterey Street.from the Easterly line of Essex Street to the Westerly line of Ida Street; Pacific Street from the Easterly line of Beach Street to the Westerly line of Broad Street; Pismo Street from the Easterly line of Beach Street to the Westerly line of Broad Street; and Beach Street from the Southerly line of Pacific Street to the Northerly line of Buchon Street, be and the same are hereby declared to be boulevards for the purpose mentioned in Section 24 of said Ordinance No. 122 (New Series). PASSED AND ADOPTED this 24th day of November, 1941, by the following vote: AYES: W.H.Brazil.R.P.Howe,ll.Ralph C.Kennedy,F.C.Kimball-JosepL Leary NOES: None ABSENT: None r ATTEST: City Clerk RESOLUTION NO. 639 (New Series) A RESOLUTION FIXING THE SALARY OF TEE CITY COLLECTOR BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: That from and after the lst day of January, 1942, and un- til the further order of the City Council, there shall be allowed and paid to the City Collector of the City of San Luis Obispo a monthly salary in the sum of $140.00. Such salary shall be full compensation for all services performed by or required of said City Collector by law or ordinance, or by order of the City Council. PASSED AND ADOPTED this 8th day of December, 1941, by the following vote: AYES: W,ti,Brazi1,R.P.Howe11, Ralph C.Kennedy ,F.C.Kimball,Jaseph Leary NOES: None ABSENT: None ATTEST City Clerk..: _.: 7--mayor RESOLUTION NO. 640 (New Series) A RESOLUTION FIXING THE SALARY OF THE BUILDING INSPECTOR BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: That from and after the 1st day of January, 1942, and un- til the further order of the City Council, there shall be allowed and paid to the Building Inspector of the City of San Luis Obispo a monthly salary in the sum of $225.00. Such salary shall be full compensation for all services performed by or required of said Building Inspector by law or ordinance, or by order of the City Council. PASSED AND ADOPTED this 8th day of December, 1941, by the following vote: AYES: W.n.Brazil,R.P.Hoivell, Ralph. C.$ennedy,F..L;.gimball,Joseph Leary NOES: None ABSENT. None ATTEST: City C erk 00 RESOLUTION NO. 1=0 (New Series) A RESOLUTION APPLYING TO THE FEDERAL WORKS AGENCY FOR AN ADDITIONAL GRANT IN CONNECTION WITH ENLARGEMENTS AND IMPROVEMENTS TO THE SEWAGE DISPOSAL, PLANT AND AGREEING THAT AD- DITIONAL FUNDS SHOULD ALSO BE PROVIDED BY THE CITY OF SAN LUIS OBISPO WHEREAS, the United States of America acting through the Federal Works Agency, Defense Public Works Division, heretofore offered to the City of San Luis Obispo federal assistance in the sum of $93,730.oO.in connection with the construction of enlargements and improvements to the-sewage disposal plant -of said city, known as Defense Public Works Project, Docket No. Calif. 4 -144. AND WHEREAS, said offer was accepted by the City of San Luis Obispo and thereafter plans and specifications were completed and bids were called for, and upon receipt of such bids it became evident that, because of financial limitations, .certain portions of the proposed sewage disposal plant as shown on said plans. would have to be eliminated and omitted from the contract. AND WHEREAS, the City of San Luis Obispo awarded the con- tract for such project but omitted from such award and contract the following: (a) Gas- holder roof for the existing sludge digestion tank. (b) Two comminutor machines. (c) Chlorination chamber. (d) Sludge mixer and heat exchangers of the primary sludge digestion tank. (e) The secondary biofilter structure and equipment. AND WHEREAS, the omission of the secondary biofilter struc- ture and equipment, and the chlorination chamber- will seriously impair the efficiency of said sewage disposal plant and, despite the construc- tion of the balance of said plant as included in the contract now awarded, said plant will not meet the immediate needs of the City of San Luis Obispo, with the large influx of population and other demands - 1 - 'O made on such plant by reason of defense activities in and near the City of San Luis Obispo. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that application be, and hereby is made to the Federal Works Agency, Defense Public Works Division, for.an in- crease of $9,270.00 in the amount of federal assistance to be allowed for such project, and that the City of San Luis Obispo binds itself to provide an additional sum of $4,000.00, over and above the amount heretofore agreed to be provided by said city for the construction of said project, such sums to be used in the construction of the secondary biofilter and in the construction of a chlorination chamber, which chlorination chamber will be double the capacity as originally designed. INTRODUCED, PASSED AND ADOPTED by the City Council.of the City of San Luis Obispo at a special meeting of said City Council duly and regularly called and held on.the 10th day of December, 1941, in full compliance with the provisions of the ordinance of said city regulating the meeting of said City Council, all members of said City Council being present and voting on said.Resolution, and the vote being as follows: AYES:W.H.Brazi1,R.P.Howe11 Ralph C. Kennedy,F.C.Kimball,doseph Leary NOES: None ABSENT: None C4 ayo_ ATTEST: City Clerk I!M I . .I �L i so RESOLUTION No. 642 (New Series) A RESOLUTION ACCEPTING THE PROPOSAL OF KENNETH BECK FOR DOING CERTAIN ENGINEERING WORK IN CONNECTION WITH THE SEWAGE DISPOSAL PLANT. WHEREAS, Kenneth Beck by offer dated November 3, 1941, submitted his proposal or offer for doing the engineering work in connection with the enlargements and improvements to the sewage disposal plant of said City, being Defense Public 'Works Project, Docket Calif. 4- 11,.4.,, Which proposal or offer was accepted by the City but was not accepted by the Regional Office of the Federal Works Agency. AND WHEREAS said Kenneth Beck has submitted a new proposal or offer, dated December 15, 1941, to perform certain engineering work in connection with said sewage disposal plant, as more fully set forth in said offer. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that said offer be and the same is hereby accepted, but pending official notification that the same is in compliance with applicable Federal statutes, rules and regulations, and the pertinent Federal Works Agency finance agreement. Said proposal or offer is hereby directed to be filed in the office of the City Clerk of said City. PASSED AND ADOPTED -.this 15th day of December, 1941, by the following vote: AYES: w.H.Brazil R.F.Howell,Ralph t.Kennedy, Joseph Leary,F.U.Kimball NOES: None ABSENT: None ATTEST: ; ,, � Mayo City Clerk s KENNETH BECK CIVIL ENGINEER AND SURVEYOR BURCH & BECK CIVIL ENGINEERS SECURITY-FIRST NATIONAL BANK BUILDING SAN LUIS OBISPO. CALIFORNIA December 15, 1941 The Honorable Mayor and City Council of the City of San Luis Obispo,,California Gentlemen: I submit herewith for -your consideration a proposal for doing the engineering work, general supervision and inspection in connection with the construction and improve- ments to be made at the City of San Luis Obispo Sewage Disposal Plant. I will do all engineering field work, furnishing survey party, including engineering equipment, materials and transportation for the. staking out of the project and other survey work that is needed during the construction of the Sewage Disposal Plant. In addition, I will give the construction work my personal general supervision, the City of San Luis Obispo to furnish a competent full time inspector who shall work under my supervision and instructions. In consideration of the above work I am to receive the sum of 01000.00 which is to be paid in six equal montly payments, the last payment to be made upon the completion of the project. KB :lj Respectfully submitted, BURCH & BECK By Accepted in behalf of the City of San Luis Obispo F. C. Kimball, Mayor PHONE 788 RESOLUTION N0.643 (New Series) A RESOLUTION DISSMISSING APPEALS AND ORDERING WARRANT WHEREAS, certain persons, interested in that certain work, or the assessment therefor, recently done pursuant to the provisions of the "Improvement Act of 191111, as amended, and also the provisions of the "Improvement Bond Act of 1915 ", as amended and pursuant to and as described in Resolution of Intention No. 583 (New Series) passed by the City Council of the City of San Luis Obispo on the 26th day of May, 1941, said Resolution of Intention being hereby expressly re- ferred to for a description of said work, feeling aggrieved by acts or determinations of the Superintendent of Streets of said city in relation to said work, or who claim that the work has not been per- formed according to the contract in a good and substantial manner, or who claim that a portion of the work for a reason was omitted or illegally included in the contract for the same, or having or making objection to the correctness of the assessment or diagram or other act, determination or proceedings of said Superintendent of Streets, have appealed to the City Council of said city as provided by Section 21 of said "Improvement Act of 1911," by briefly stating their grounds of appeal in writing and filing the same with the clerk of said City Council. AND WHEREAS, Monday the 22nd day of December, 1941, at the council chambers of the City Council was fixed as the time and/,place of hearing said appeals; AND.WHEREAS, notice of the time and place of said hearing briefly referring to said Resolution of Intention and the date of its passage for a description of the work therein mentioned, was posted conspicuously by the clerk on or near the chamber door of the council chamber of said City Council for more than five days as appears from - 1 - the affidavit of the clerk on file, and was also mailed and published as required by law as appears by affidavits also on file; And said appeals coming on regularly for hearing and the City Council having duly heard and considered the same; IT IS HEREBY RESOLVED AND DETERMINED, by the City Council of the City of San Luis Obispo that said work has been performed according to the contract in a good and substantial manner, that no portion of the work for any reason was omitted or illegally included in the contract for the same, and that the assessment and diagram made in pursuance of the provisions of said act are correct. IT IS FURTHER HEREBY RESOLVED AND DETERMINED, that all of the acts and determinations of the Superintendent of Streets of said city relative to said work, be, and the same are hereby approved, ratified and confirmed, and the Superintendent of Streets of said city is hereby directed to- attach to said assessment a warrant bear- ing the date of this resolution, which warrant shall be signed by the said Superintendent of Streets and countersigned by the Mayor of said city. I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo, at a regular meeting thereof held on the 22nd day of December, 1941, by the following vote: AYES:_ 4V. H.Brazil.R.P.Howell., Ralph C. Kennedy, F.C.Kimballjoseph Leary NOES: None ABSENT: None ATTEST: City Clerk - 9 - w RESOLUTION NO. 644 (New Series) A RESOLUTION DETERMINING THE GENERAL PRE- VAILING RATE OF PER DIEM WAGES PAYABLE TO APPRENTICES, APPLICABLE TO DEFENSE PUBLIC WORKS PROJECT, DOCKET NO. CALIF. 4 -144 WHEREAS, by resolution No. 644 (New Series) entitled "A Resolution Determining the General Prevailing Rate of Per Diem Wages Applicable to Defense Public Works Project, Calif. 4- 144 ", the City Council of the City of San Luis Obispo determined the general prevailing-rate of per diem wages applicable to said pub- lic works project. AND WHEREAS, no provision was made in said resolution in reference to the wages to be paid to apprentices employed on said project. AND WHEREAS, due to the defense program and war condi- tions a sufficient number of skilled journeAmen craftsmen cannot be obtained to promptly and effectively construct said project, and it has and will become necessary for the contractor to employ_- . -- apprentices. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that the general prevailing rate of per diem wages, and the general prevailing rate of per diem wages for legal holidays and over time work, within the City of San Luis Obispo and within the locality where said public works project is to be constructed, for each craft or type of apprentice needed to execute the contract, which rate or rates shall apply to said contract, has been and is hereby determined to be as follows: MW N Length of Carpenter Apprentices apprenticeship Up to 2 Years 2 to 3 Years 3 to 4 Years Electrician Apprentices Plumber Apprentices Up to= :lIYear 1 to 2 Years 2 to 3 Years 3 to 4 Years Up to 6 Months 6 to 12- months 12 to 18:Months 18 to 24 Months 24 to.30 Months 30 to 36 Months 36 to 42 Months 42 to 48 Months 48 to 54 Months 54 to 60 Months w Prevailing Prevailing Hourly Wage per diem Rate Rate .8125 6.50 .9250 7.40 1.00 8.00 .75 6.00 .8750 7.00 1:00- 8.00 1.1250 9.00 •3750 •45 .5250 .6o .6750 •75 .8625 .9825 1.0875 1.50 3.00 3.60 4.20 4.80 5.40 6.00 6.90 7.86 8.68 12.00 N _ M The foregoing schedule of per diem wages for apprentices is based upon a working day of 8 hours. The rate of legal holidays and over time work shall be at time and one -half. It shall be mandatory upon the contractor, and upon any subcontractor under him, to pay not less than the above specified rates to all apprentices employed by them in the execution of the contract. PASSED AND ADOPTED this 22nd day of December, 1941, by the following vote: AYES: `j.H.Brazi1,R.P.Hmve11 Ralph C. Kennedv.F..C.Kimbell,Tose;h` L_ =aw NOES: None ABSENT: None Mayor ATTEST: City Clerk RESOLUTION NO. 645 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND MACK INTERNATIONAL MOTOR TRUCK CORPORATION. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the City of San Luis Obispo enter into that certain agreement dated December 22nd, 19412 by and between Mack Inter- national Motor Truck Corporation and the City of San Luis Obispo, relating to the lease of a Mack Type 80, 750 gallon, triple com- bination pumping engine, Serial No. 80 S 1017 , Engine No. EP 439F AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be and he is hereby authorized to execute said agreement for and on behalf of said city, which execution shall be attested by the City Clerk. .r PASSED AND ADOPTED this 22nd day of December, 1941, by the following vote: AYES: W. ii. Brazil, R.P. Howe 11lRalph C.Kennedy,F.C.KimhA11, aRph T-gg-rg NOES: None ABSENT: None ATTEST: i City Clerk 00 RESOLUTION NO. 646 (New Series) A RESOLUTION PROVIDING FOR THE EIECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SMITH -BOOTH -USHER COMPANY RELATING TO THE RENTAL OF AN AIR COMPRESSOR AND OTHER PERSONAL PROPERTY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the City of San Luis Obispo enter into that certain agreement dated December 26, 1941, by and between said City and Smith - Booth -Usher Company relating to the rental of an Air Compressor and other personal property. AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be, and he is hereby authorized to execute said agreement for and on behalf of said City, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 26th day of December, 1941, by the following vote: AYES: R.P.Howell, Ralph C. Kennedy, F.C.Kimball, Joseph Leary NOES: None ABSENT: W. H. Brazil ayor ATTEST: / City Clerk Q RESOLUTION No. 647 (New Series) A RESOLUTION APPROVING THE ELDIINATION OF TWO BRONZE PLACQUES FROM THE SEWAGE DISPOSAL PLANT. WHEREAS the plans and specifications for the construction of enlargements and improvements to the sewage disposal plant of the. City of San Luis Obispo, being Defense Public Works Project, Docket No. Calif. 4 -144, provide for the installation of two bronze placques. AND WHEREAS, F. C. Stolte Co., the contractor to whom the contract for such project was awarded, has offered to eliminate said bronze placques, and to credit the City of San Luis Obispo with the sum of $ 100.00 AND WHEREAS, tit the elimination of said placques is desirable. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that the offer of said F. C. Stolte Co. be accepted by said City; that said two bronze placques be eliminated from the contract; and that the sum of $ 100.00 be credited to said City by reason of such change. AND BE IT FURTHER RESOLVED that the Regional Director, Federal Works Agency, Defense Public Works, Region No. 10, be requested- to record the change made by this resolution and to issue a memorandum showing such change. PASSED AND ADOPTED this 12th. day of January, 1942, by the following vote: AYES: W.H.Brazil, R.P. Howell, Ralph C. Kennedy, F. C. Kimball, Joseph Leary NOES: Nnna ABSENT: None ATTEST: Mayor City Cler RESOLUTION NO. 648 (New Series) A RESOLUTION GRANTING TO THE SOUTHERN PACIFIC COM- PANY PERMISSION AND THE RIGHT AND PRIVILEGE, IN CONNECTION WITH AND AS INCIDENT TO THE OPERATION OF ITS STEAM RAILli:!AY FOR THE TRANSPORTATION OF PAS-. SENGERS AND FREIGHT, TO CONSTRUCT AT GRADE, MAIN- TAIN AND OPERATE ONE ADDITIONAL TRACK ACROSS OSOS STREET IN THE CITY OF SAN LUIS OBISPO. WhMRE_4S, by resolution No. 624 (New Series) entitled "A Resolution Granting to the Southern Pacific Company Permission and the Right and Privilege, in Connection with and as Incident to the Operation of its Steam Railway for the Transportation of Passengers and Freight, to Construct at Grade, Maintain and Operate one addi- tional Track Across Osos Street in the City of San Luis Obispo" passed and adopted by the City Council of the City of San Luis Obispo on the 20th day of October, 1941, permission was granted to the Southern Pacific Company to construct, maintain and operate at grade one additional track across Osos Street in the City of San Luis Obispo. AND WHEREAS, said Southern Pacific Company desires per- mission to construct a further track across Osos Street in addition to the track referred to in said Resolution No. 624 (New Series). NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that there be and hereby is granted to the Southern Pacific Company, 'a corporation, permission and the right and privilege, in connection with and as incident to the operation of its steam rail - way for the transportation of passengers and freight, to construct at grade, maintain and operate one additional track across Osos Street in the City of San Luis Obispo, said track to be in addition to the track referred--to-in said Resolution No. 624 (New Series). PASSED AND ADOPTED this the following vote: r 19th day of January, 1942,.by AYES: `N.H.Brazil,R.P.Howel l,Ralph C.Kennedy, F.C.Kimball,Joseph Leary NOES: None ABSENT: None Marybr ATTEST: �c City Clerk �K Decision No. 34928 BEFORE THE RAILROAD .COILVa SSION OF THE STATE .OF CALIFORNIA In the Matter of Application of SOUTHERN PACIFIC' COMPANY for an order authorizing the construction } at. grade of two (2) yard tracks across Osos Street ) Application (CRC E 252 1) in the City of San Luis Obispo, ) No. 24681 County of San Luis Obispo, State of California. } BY THE COMMISSION: 0 R D .E .`R` , Southern Pacific Company.is authorized to construct two (2) side tracks at grade across Osos Street in San,Luis Obispo., San Luis, Obispo.County.. at the location described in the application,'to be identified as a portion of.Crossing No. E- 252...1., Applicant shall bear entire construction and, maintenance expense,. Construction of said crossing shall be equal or.superior to Standard No. 2 of G. O. No. 72, without superelevation and of a width to conform to the portion of the street now graded, with tops of rails flush with roadway, and with grades of approach not exceeding four per pent.. Protection shall be by two Standard No. 1.cros§ing.signs (G. 0. No: 75 -B) now in place. Within thirty, days after completion pursuant to this order, applicant shall so advise the Commission in writing. This authoriza- tion shall become. void if not exercised within one year, unless time be extended, or if above conditions are not complied with. Authoriza- tion may .be'revoked or modified.if public convenience, necessity or safety so require. This order shall be effective. immediately. Dated at San Francisco, California, this clay of January, 1942. C. C. BAKER JUSTUS F. CRAEMER L ' RD S b�C6SF. r4 �A A. T COPY. '0 CRET RY, RAI , LR D COnIMIS' Io JAN 191942 OF THE STATE OF aLIFORNIA C r3. L E R K RESOLUTION N0.649 (New Series) A RESOLUTION APPROVING SCHEDULE OF ROUTES AND REGULATIONS SUBMITTED BY JOHN G. JONES _ -1THEREAS, John G. Jones, the holder of the franchise granted by Ordinance No. 224 (New Series) did on the 5tb day of January, 1942, file with the City Council a schedule showing the routes over and along which busses are now being.operated pursuant to said-fran- chise, together with certain regulations issued by the holder of said franchise.. AND WHEREAS, it ) appears that said r=u tes reason- Z! ably accommodate the traffic offered and that said regulations are fair and equitable. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that said schedule of routes and said regulations be approved, subject to the right of the City Council to direct such alterations or changes therein as said City Council may deter- mine in the future. PASSED AND ADOPTED THIS- . 19th day of January, 1942, by the following vote: AYES: - W.H. Brazil .R.P.Eowell Ralph C Kennedy F C K1Mbgll,JnAAp h T,Awry NOES: None ABSENT: None ATTEST City Clerk w e M 4 - MAN Xi SfNEDI�E u� cfleEOSUSes FARES— I our Tokens for 25c. Each token good for one fare. is for a single rare. Buy a family Commutor 60 Fare Book $3.50 for $4.20 Fare Value Save by buying a School Children's Fare Book 20 fares for $1.00 ON HEE San Luis Obispo JONES TRA*PORTATION , SERVICF'- :. Ride the Green Buses COVERS THE CITY S. P. Depot & California Poly & Osos Road Gen. Hospital OUTBOUND INBOUND OUT. SON. BOUND BOUND LEAVES LEAVES LEAVES LEAVES LEAVES CHORRO 6 HIGUERA OSOS RD CAL POLY CHORRO &I GENERAL FOR FOR HIGUERA HOSP. OSOS RD CAL POLY A. M. A. M. A. M. A. M. A. M. A. li. 6:30 6:40 6:45 6:25 7:00 7:10 7:15 6:55 7:30 7:40 7:45 7:25 8:00 8:10 8:15 7:55 8:30 8:40 8:45 8:25 9:00 9:10 9:15 8:55 9:30 9:40 9:45 9:25 10:00 10:10 10:15 9:55 10:30 10:40 10:45 10:25 11:00 11:10 11:15 1 10:55 11:30 11:40 11:45 11:25 1 12:00 1 1]:55 P. M. P. AL 12:10 12:15 P. M. P. M. 12:40 12:45 12:25 12:30 1:10 1:15 12:55 1:00 1:40 1:45 1:25 1:30 2:10 2:15 1:55 2:09 2:40 2:45 2:25 2:30 3:10 3:15 2:55 3:00 3:40 3:45 3:25 3:30 4:10 4:15 3:55 4:00 4:40 4:45 4:25 4:30 5:10 5:15 4:55 - 5:00 5 :40 5:45 5:25 5:30 6:10 6:15 5:55 6:00 6:40 6:45 6:25 6:30 7:10 7:15 6:55 7:00 7:40 7:45 7:25 7:30 8:10 8:15 7:55 8:00 0:40 8:45 8:25 8:30 9:10 9:15 8:55 9:00 9:40 9:45 9:25 9:30 10:10 10:15 9:55 10:00 10:40 10:45 10:25 10:30 11:10 11:15 10:55 1 11:00 Mill & N. Monterey St. On Bas Marked Lower Higuera, High & So. Broad Sts. On- Bus Mill & Broad Marked Mill & Broad OUTBOUND INBOUND OUTBOUND INBOUND LEAVE9 HIGUERA 6 CHORRO LEAVES MURRAY 6 101 HIGHWAY LEAVES HIGUERA 6 CHORRO LEAVES BROAD 6 LAWRENCE A. M. A. M. A. M. A. M. 6:42 6:47 6:25 6:30 7:12 7:17 6:55 7:00 7:42 7:47 7:25 7:30 8:12 8:17 7:55 8:00 8:42 8:47 8:25 _ 8:30 9:12 9:17 8:55 9:00 9:42 9:47 9:25 9 :30 10:12 10:17 9:55 10:00 10:42 10:47 10:25 10:30 11:12 11:17 10:55 11:00 11:42 1 11:47 11:25 11:30 11:55 12:00 P. M. P. M. P. M. P. M. 12:12 12:17 12:42 12:47 12:25 12:30 1:12 1:17 12:55 1:00 1:42 1:47 1:25 1:30 2:12 2:17 1:55 2:00 2:42 2:47 2:25 2:30 3:12 3:17 2:55 3:00 3:42 3:47 3:25 3:30 4:12 4:17 3:55 4:00 4:42 4:47 4:25 4:30 5:12 5:17 4:55 - 5:00 5:42 5:47 5:25 5:30 6:12 6:17 5:55 6:00 6:42 6:47 6:25 6:30 7:12 7:17 6:55 7:00 7:42 7:47 7:25 7:30 8:12 8:17 7:55 8:00 8:42 8:47 8:25 8:30 9:12 9:17 8:55 9:00 9:42 9:47 9:25 9:30 10:12 10:17 9:.55 I 10:00 10:42 10:47 _ 10:25 10:30 11:12 11:17 10:55 11:00 FOR FURTHER INFORMATION TELEPHONE 1173 '3J +Y J�iN �T:KTJYi_'. +:• \ -.i - S hl- �f+n +, i•�a!J: + • e1.1 , • �.2:�.8�p �%(u�;;ig:::�1C1f3::' �IlS t'�:2'� @.°.e . , For Wises _ - ii;.}f._z.J. RJ1(}�i:��..{14;i.'.r w4�' s;�,•�k`'— `�..Yei- t.. - ?�,' • 4twaen,i, na I L olnta In . tAt :city -of a �u;sis� „wo JAN 191942 C a �l ant! t .0 K - -------------- p And .1- 4ourity Oit7 I981463 ;aca =bor 30, l ,34i "tractive :3tar.uary :gip 1342 Ia,�a i tc3ai€ n .,o. 34622, 1.�Asd w4a. ''Las /p .. J Y Ovi,linal 74Z�v 0 0 j' an' 7, 'TareM a.* n rairpi ar ;.ii ucilam Y-,d cents. Le ' h ur�Ie fI ve use Una aot a avAt w2io3 *ao=p&aIaC Ly an adult pause.-4-or will be aarriel.1 e, r,aroa ar�', f-oa,�. for. cine coat- luwiw trl�� 1b. or& va Ily ana 334:51 024L"'Iven. CQ==tritioa Loo'-tro will Z;s '�7 ze -x1rted therein In adQIt.I,',._Qn to ,ov*rjed t�. tac r41e3 1-:�* t4Ua �&baem *111 be laaued� U=IJ to zpol.4ce zler" at-'d f loyed b7 V.1v Ci.t7 of "I'ati Lutz IbIspo wkdw;, !a coznootlon wl"t C;Oir OkM3ial "-�4";Uazj a. " ta the of t."-Ic Umit*d ;Aat" 1.'overr"t-at w"c:,, ZelIverin" *Julted :.t4tt,3 x611, epun'�­ Oil 5=130Z portions �df sixt;j trili ftLAI-I 0,7.,n at t A b6,jka or Saven Ownts Tor er.0"I tio%et uSad. 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"ti. 13:00 0 issued i moerber 308 1941 Zf€`ective January $i 1a42 lasued by: Jowl 0, 3th Luie-ObIspos ��4 C�� Ri 'TT �b � Z -, 7 """, Z1,12 T 7, C 17- 1r1 - a-^u ba wP srwwi.m� {'yG b. �q. C� + .. c_t..rfT��aG�in7ypUi �e y�� 0 �47K: Li:�arr df7i ii�iiF�rr � °�v i �' p.. �. "w"lySrS Y�v�r oy..M� �.' �k7S14 . �+•.q v+re "r �'qp per. 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I!Qu vaj is cv.;X 7 � � r On U,_6 �'aslnSfq`ur�a�a ��pC yaq • o�lvt�.}�cw-2#�r^.La ��zsc��2{ use} limo 4J atrIQt Iis:lz.IwCulcj, viA.at„ »�il:tii.:'s; at l :36 i.i. a..A l.b�e{ddti&7/ '10 Ovc:7 bour Q-A the Paaa Lmv. Ic"Gaurity City d3atrlut. a.;sacdlulvs 00 =cacsl ct :lc",,Awa� ILi evcr7 ZO rasaute s on the Tl c tit and Yee erAl ::OOVI wD al 418tr is G P;°4 tt0 tt?.`" ` ates at 11 :213 .:. `: • at and. �'horro . iT'�Q�wa • :°.3' ZK- tz$44AB-d3 iDomplas 0w"i °�.::Oneea ' 3 hL7'zra: later in the 0 a 1 I A RESOLUTION NO. 650 (New Series) A RESOLUTION ACCEPTING THE OFFER OF THE UNITED STATES OF AMERICA WHEREAS, there has been filed with the Federal Works Agency for and in behalf of the...City of San.Luis Obispo, a Municipal Corpora- tion, (herein called the "Owner "), an application for Federal Assist- ance under the Defense Public Works program, and the United States of America, acting by and through the Federal Works Administrator, has transmitted to the Owner an Offer of Federal assistance,dated January 20, 1942, in connection with the public works referred to in said application and described in said Offer; and WHEREAS, said Offer has been duly read in open meeting and has been fully considered in every respect in accordance with the pertinent rules of procedure and legal requirements; and 01hEREAS, said Offer has been made a part of the public records of the Omer; and WHEREAS, it is deemed advisable and in the public interest that said Offer be accepted: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saxe Luis Obispo that the said Offer of the United States -of America, dated January 20, 1942, a true and correct copy of which is hereto attached, be and the same.hereby is accepted without reserva- tion or qualification. INTRODUCED, PASSED AND ADOPTED by the City Council of the City.of San Luis Obispo at an adjourned regular meeting thereof duly and regularly held on the 26th day of January, 1942, by the following vote: AYES: W.H.Brazil, R.P.Howell,Ralph C. Kennedy,F.C.Kimball, Joseph Leary NOES: None. ABSENT: None ATTEST: Mavor of said City City C r_ e - O F.W.A. 6702 S UPPLE11EPIT TO RETUILK 0f, RELATING TO DISCRIHIP':;TiON III DEFENSE HOUSING OR DEFENSS PUBLIC WORKS On September 11, 1941, the acting Administrator of the Federal Works Agency issued the following supplement to the special regulation, dated larch 19, 1941, and printed in the Federal Register of March 21, 1941, at page 1533, providing against discrimination in work on defense housir.;, to provide against discrimination in work on defense public works: Part 1201 is amended by adding the followinC new section: 1201.3 Negro labor and defense public works. In order to ascertain cOIIpliance, in respect to Negro labor, with 1201.1, providing against dis- crimiration in work on defense housing or defense public works, it is re- quested that: (a) Contracting officers in charge of the development of defense public works undertaker., and public and private agencies to which loans or grants are made for defense public works, pursuant to the Act of October 14, 1940 (Public Ho. 849, 76th Congress), as amended by the Act of April 29, 1941 (Public No. 42, 77th Congress) and by. the Act of Jur_e 28Y 1941 (Public ho. 137, 77th Congress), shall after the effective date of this section: (1) Submit to each contractor_en0aged in con- structing any such defense public works, the per- centage of 1'cgro sidlled and unskilled labor in the locality of the project, as reflected by the Federal � F.W.A. 6702 census and other relevant data, as determined by the Director of the,. Defense Public Works Division. (2) Require each contractor engaged in con- structing any such defense public works to indicate by notation (W for Nor:- I-degro, I? for Negro) on pay- roll forms required to be submitted to the Govern- ment, or to such public or private agencies, the race of each laborer, skilled or unskilled., listed on such payroll forms; and (3) Ascertain and report to the Director of the Defense Public Works Division at the and of each 4- week period of such construction, the respective amounts paid by each such contractor during such pe- Hod as ;rages, for wort: ir_ the development of defense public works at the sites thereof to (i) 'Non- idegro skilled labor (irrespective of individual trades }; (ii) I'egro skilled labor (irrespective of individual trades); (iii) 'ton -Negro unskilled labor; and (iv) Negro unskilled labor. ('e) If the percentages, of the total amounts so paid for all skilled labor and for all unskilled labor, that are paid, respectively, to Negro skilled and unskilled labor approximate the respective percentages of Ilegro skilled and unskilled labor- ers in the locality (as subritted to the contractor by the con= tracting officer or by the public or private agency), there shall be deemed to be prima facie evidence that the contractor is not 2 F.W.A. 67C2 discriminating against I•iegro labor. Otherwise., or if any con- tractor shall fail or refuse to make the payroll notations hereinabove referred to, the contracting officer (as to de- fense public works constructed pursuant to sub - paragraph (b) of Section 202 of said Act of October 14, 1940, as amended) or the public or private agency (as to defense public works for which loans or grants have been made pursuant to sub -parag- aph (c) of Section 202 of said Act of October 14, 1940, as a:.ended).shall investigate and report the reasons therefor to Director of the Defense Public : dorks Division. (c) .Copies of this Regulation shall be distributed to all contractors engaged in the development of defense public works under the aforesaid Act of October 14, 1940, as amended by said Act of April 293 1941 and by said Act of June 28, 1941. (d) As used in this Regulation, the term "contractor" in- eludes subcontractors. (Sec. 308, Public Rio. 849, 76th Congress, as mended by Public I�Io. 42 and Public Ho. 137, 77th Congress.) In testimony whereof, I have hereunto set my had and official seal in the city of Washington this 11th day of September, 1941. (Sgd) John 111. .dy, Acting .administrator. The foregoing supplement was printed in the Federal Register of September 16, 1941, at page 4737. 3 F.W.A. 9234 -19 UNITED STATES OF AMERICA FEDERAL WOr1.S AGENCY DEFENSE PUBLIC 1d0.MS DIVISION OFFER Washington, D. C. Docket No. Calif. 4 -144 Dated JAN 2 0 1-942 City of San Luis Obispo San Luis Obispo, California Subject to the Terms and Conditions (DPW Form No. 100, dated September 151 1941) attached hereto and made a part hereof, the United States of America hereby offers to make a grant of $103,000 to the City of San Luis Obispo; California (herein called the "Applicant ") in order to aid in financing t3n.: construction of defense public works, presently estimated to cost $142-000, consisting of additions and improverer..ts to a sewage treatment plant, including acquisition of necessary lan,i (her(-;in called the "P 0ject«): Provided, however, that the grant payable hereunder in no event shall exceed the actual cost of the Project upon completion as determined by the Director of the Defense Public Works Division of the Federal Works Agency.. The acceptance of this Offer by the Applicant shall effectuate a can- cellation of the contract created by the acceptance of the Offer dated September 22, 1941, made by the United States of America to the Applicant: Provided, that the cancellation of such contract shall not impair or vi- tiate any acts performed or proceedings taken thereunder prior to such cancellation, but such acts or proceedings may be continued under the con- tract created by the acceptance of this Offer. UNITED STATES OF AMERICA Federal Works Administrator By Director of the Defense Public Works Division TEEMS AND CONDITIONS (DPW ,Form No. 100) September 15, 1941 FEDERAL WORKS AGENCY DEFENSE PUBLIC WORKS DIVISION a (Paragraph 20 of the Terms and Conditions and Section 2 (c) of the Regulations under the Kick -Back Statute, as amended) MMS EM CONDi ITICIS 10 CONDITIONS OF GOVEMOMIT' S OBLIGP.TIO .N. - The United States of America (hereinafter referred to as the "soverrment ") may elect to termi- nate all or my of its obligations Under these TESMS ML .CMITIC iS and the�Governmentts Offer-(hereinafter collectively referred to as the "Of- fer") to which they appertain: (a) Representations. - If any.representetion of the applicant to which the Offer is made,(hereinafter referred to as the "Applicant ") in its application for Federal assistance, as amended or supplemented (hereinafter referred to as the "Application "), or in any document sub- mitted to the Government -by tine Applicant, shall be incorrect or incom- plete in any material respect; (b) Financial Condition.a -,If, in case the Government has offered to purchase bonds or other securities of the Applicant (hereinafter re- ferred to as "Bonds "), the financial condition of the Applicant shall have changed.-unfavorably in a material degree from its condition as theretofore represented to the Government; (c) Financing of the Project. - If the Applicant will not be able, in the opinion of the Government, to provide funds sufficient, with the funds made available by the Government under the Offer, to pay the cost of the public works described in the Offer (such public works being hereinafter referred to as the "Project "), or if, in case the Government has offered to purchase Bonds, the Applicant shall not furnish a bond transcript satisfactory to the -- Government showing-that the Bonds are valid and binding obligations; F.W.A. 6623. (d) Prosecution of the Project_. - If the Applicant.shall ..faU.to...' camnence or proceed with the construction of the Project with all prac- ticable dispatch, in a sound, ecenomical and efficient manner., in ac- cordance with plans and specifications theretofore submitted to and ap- proved by the Government, and in compliance with applicable Federal statutes and the Offer, or if the Applicant shall fail otherwise in the performance or fulfillment of any of its obligations to be performed or fulfilled under the Offer; (e) Documents to be Submitted. - If the Applicant shall fail to ' submit or cause to be submitted to the Government such records. state- ments,.reports, data, plans, drawings, specifications, contracts, work orders, assignments, bid tabulations, contract awards, estimates, cer- tificates or other documents affecting the Project as may be requested by the Government, or if the Applicant shall proceed with the construc- tion of-the Project or take other action on the basis of the documents submitted to the Government before the Government has advised the Appli- cant that, in its opinion, such documents comply with applicable Federal statutes and the Offer; (f) Architectural or Engineering Supervision and Inspection. - Ifr the Applieant shall fail to provide and maiintain competent and adequate architectural or engineering supervision and inspection of the construc- tion of the Project; (g) Bonus or Commission. - If it shall be determined -by the Govern- ment at any time that the Applicant has ps.id or agreed to pay, whether directly or indirectly, a bonus, commission or fee to any person, firm or corporation for attempting to procure an approval of the Application, 2 v F.W.A. 6623 -or fnr-alleged-services in irocuring or in attempting to procure such ap- proval, or for activities of the nature commonly known as lobbying per- formed or agreed to be performed in connection with the Application. 2. GOVERMIM NOT OELIGA.TED TO TMRD PARTIES. - The Government shall not be obligated or liable hereunder to any party other than the Applicant. 3. IN'IEMT Or MFICBIl3 OF OR I , AME TO CONGRESS. - No member of or delegate to the Congress of the United States of America shall be ad- mitted to any share or part of the agreement or contract resulting from the Applicant's acceptance of the Offer or in any benefit arising there- from. 4. OTC PIDDHIBITED TIME "TS. - No official of the Applicant who is authorized in Brach capacity and on behalf of the Applicant to nego- tiate, make, accept or approce, or to tai _cart in negotiating, making, accepting, or approving any architectural, engineering, inspection, con- struction or material supply contract or any subcontract in connection with the construction of the Project, shall become directly er indirectly interested personally in any such contract. No official, employee, architect, attorney, engineer or inspector of or for the Applicant vrho is authorized in such capacity and on behalf of the Applicant to exercise any executive, supei-visory or other functions in. connection with the con- struction of the Project, shall become directly or indirectly interested personally in any construction or material suppl�v contract or subcon- tract pertaining to the Project. The Applicant shall be responsible for enforcement of the foregoing provisions of this paragraph. 3 0 9 : .......... F.W.A. 6623 5. E)TENSES PRIOR TO DATE OF OFFER. - In determining the amount of Federal assistance to be paid to the Applicant under the Offer, the'Gov- ernment will exclude from consideration all Project costs incurred by the Applicant prior to the date of the Offer unless, in the opinion of the Government, such cos'ss were incurred by the Applicant in anticipa- tion of Federal.assistanec for defense.-public works. 6. GR0T AD7AtdCES.AND PMMTTS. -.The Applicant may Xecpsisition advances or payments on accountrof the grant provided in the Offer at any time after receipt - bf the Offer but not later than six months fol- lowing completion of the Project. Such requisitions shall be accompanied.. by such supporting data as the Government m.V require. After the Appli- cantts acceptance of the Offer and subject to the provisions of the Offer, the Government will honor such requisitions in amounts and at times deemed by it to be proper to insure the expeditious prosecution and payment of the costs of the Project. Payment on account of the grant may be made in cash or by cancellation of Bonds or other obligations owing by the Applicant to the.Government, or partially in cash and partially by cancellation, at the option of the Government. PTo request for review of a determination of the Government affecting the grant payable under the Offer will be considered unless such request is received by the Gov- ernment not later than three months following notice to the Applicant of such deternination. 7. LOAN ADVANCES AND PAYMENTS. - The Applicant may requisition on account of the loan, if any, provided in the Offer, advances in anticipa- tion of the issuance of the Bonds, or payments, at any time after receipt l 4 F.V.A. 66W of the Offer. Such requisitions shall be accompanied by such supporting data as the Government may require. After the Applicantfs acceptance of the Offer, and subject to the provisions of the Offer, the Government will honor such requisitions in amounts and at times deemed by it to be proper. If, .after advances have been made onlaccount of the loan in antic- ipation of the issuance of the Bonds, the Applicant is unable, in the opinion of the Government, to issue the Bonds because of circumstances beyond the control of the Applicantts governing body, the Government may, at its election, treat such advances as a grant. S. CONSTRUCTION ACCOUNT. - All funds, however provided, for•the pay - ment.of the cost of the Project shall be deposited,, promptly upon the re- ceipt thereof; in a separate account or accounts (hereinafter collectively referred to as the "Construction Account "). Unless otherwise required by law, the Construction Account shall be set up in a bank or banks which are members of the Federal Deposit Insurance Corporation. Moneys in the Construction Account shall be expended only for costs of the Project and in accordance with such purposes as shall have been previously specified in a signed certificate of purposes filed with and as approved by the Gov- ernment: Provided, That if any Bonds are held by the Government after all costs incurred in connection with the Project have been paid, all moneys then remaining in the Construction Account shall be used to re- purchase Bonds or shall be transferred to a bond fund for the payment of interest on and principal of the Bonds. 9. ABANDONMENT OF PROJECT. - If the Applicant shall abandon the Project prior to its completion: 5 V• FiW�A* 662Z (a) The Government shall thereupon be relieved of all of its obli- gations under the Offer with "aspect to pVmmt of grant, except that if such abandonment is consented to or concurred in by the Government, the Governmentle obligations shall continue as to an amount of grant bearing the same ratio to expenditureo theretofore made and costa incurred by the Applicant in accordance with the provisions of the Offer that the maximum grant provided by the Offer to be paid to the Applicant bears to the estimated cost of the Project upon which the Offer has been based; (b) The Government ohall thereupon be relieved of all of its obli- gations under the Offer with respect to the purchase of Bonds thereunder, *wept that the Government shall have'the right at ito election to pur- chase such Bonds under the Offer as it shall deem necessary to assure payment of incurred Project costs, and to cause the Applicant to deliver Bonds on account of which the Government has theretofore made advances;, (c) The Applicant shall forthwith cause to be'returned to the Gov- ernment the portion of all advances or payments male under the Offer not theretofore expended on the Project in accordance with the Offer, except that an amount thereof equal to the principal of the Bonds purchased by the Government and then outstanding, together with accrued interest thereon, may be transferred by the Applicant to a bond fund for the pay- ment of such principal and accrued. interest: Provided, That only so much of the expenditures on the Project shall be consi;lered as having been made from advances or payments made under the Offer as shall be deter- mined by applying the ratio which such advances or payments at the time bore to the total funds then available for�the making of such expendi- tures; C: GY F.W.A. 6623 (d) If the Government shall determine to take over and complete the Project so abandoned, there shall be applied on the acquisition cost of the completed portion thereof so much of the advances or.payments made by the Government under the Offer as shall not have been returned by the Ap- plicant to the Government, less the amount,'if any, transferred by the Applicant to the bond fund pursuant to the provisions of subparagraph (c) hereof. - Nothing herein shall be construed-to waive any right which the Gov- ernment may have to the return of the whole or any part of the advances or payments made under the Offer in addition to the advances or payments above provided to be repaid, or any other right which the Government may have, if the Applicant shall have abandoned the Project prior to its com- pletion without the consent of the Government or shall have acted in bad faith or made any misrepresentations concerning the completion of the Proj- ect or the use of such advances or payments. 10. SALT, OF BOTMS TO OTHERS. - If the Offer provides for a loan, the Applicant may, with the prior ct> se.r_t of the Corr- r.ment, sell all or any part of the Bonds to purchasers other than the Government. 11. COILTRL?CTIOId OF THE PROJECT. - (a) Unless the Government shall consent to the use of a different method in the construction and equipment of the Project, and to the award of contracts on a basis other than that herein provided, the contract method shall be used in the construction and equipment of the Project, and all construction, material and equipment contracts shall be awarded to the lowest responsible bidder and except as to contracts estimated to cost not more than $1,000, upon free,. open and 7 �1 F. W. A. 6623 competitive bidding after advertisement for bids sufficient to insure ade- quate competition: Provided.. That no contract on a cost plus a percentage of cost basis shall be made: Provided further, That no contract on a cost plus a fixed fee basis shall provide for a fixed fee in excess of 6 per centum of the estimated cost. (b) The Applicant shall require that, where a general contract is let for the work, specialty subcontractors shall be utilized for the per- formance of such parts of the work as, under normal contract practices, are performed by specialty subcontractors, unless (1) the general contrac- tor has theretofore customarily performed such specialty work with his own organization and is then equipped to do so, or (2) in the opinion of the Applicant, concurred in by the C•overnr.ent, the performance.of. specialty work by specialty subcontractors will result in materially increased costs or inordinate delays. 12. CCdTFUM SECU ITY. - The Applicant shall require that each con- struction contractor shall furri sh a bond or bonds of such type and in an amount or a- mounts adequate to secure the faithful performance of his co•- tract. 13. COi B.:= _CTO$S' i�idD SUBCOi�Ml RACTORS' I:'SiJRrL' CL. - The ypplicant .shall .- require that, there be maintained: (a) adequate compensation insaran-ie for all contractors' and sub- contractors' employees engaged in work- on the Project; (b) adequate public liability and property damage insurance to pro- tect each contractor and subcontractor on the Project from claims for damages for personal injury, accidental death, and to property, :which may C r' F.W.A. 6623 arise front operations under his contract, %hether such operations be by himself or by anyone directly or indirectly erplo;red by nim. 14. QUA.U'r'ICATIONS FM EITLOY 3EdT. - The Applicant shall require that no person under the age of sixteen (16) years Shall be employed on the Project. The Applicant shall require that no aerson whose age or phy- sical condition is such as to make his emploirmer_t danf-erous to his health or safety or to the health or safety of others shall be employed on the Project: Provided, That this shall not operate against the employment of physically handicapped persons, otherwise employable, where such persons may be safel-,r assigned to work which they can ably perform. The Applicant shall require that no person currently serving sentence in a penal or cor- rectional institution and no irate o,Z an institut4on for mental defectives shall be --M lovInd on the Pro, : it. The Applica,.rt shall -regaire that there shall be no discrimination by reason of race, cr =ed, colcr, national origin or political affiliations in the employment of persons qu-n ified by train- ing and,experience for work, on the Froject. 16q COLLECTIVE BARGAINZ ,'G. - Tile Applicant sha11 require that the legal rights of all workers on the Project to organize and to bargain col- lectively, to be protected from the require. ^ent to join a company union, and to enjoy freedom of expression and action with respect to v:apes, hours and conditions of labor shall not be infringed. 17. I;ABOP REGISTRATION. =The Applicant shall require that, at the election of the Government, workers on the Project -rust register at such times and places and in such manner as the Government shall direct. 9 r . W: A. 6623 18. WAGE RATES. - The Applicant shall cause mini = wage rates for the various classes of laborers and- mect,ariics engaged in -work on the Proj- ect to be determined in accordance pith a.pl cable law. In the absence of such law, the Applicant shall determine, and submit to the Government for its concurrence; such minimum v ;a;e rates, and in so doing shall give con- sideration to the rates prevailing for the corresponding classes of laborers and mechanics employed upon projects of a character similar to the Project work in the area from -.hi,ch labor for the Project rmst be dratirn, and to new wage rates, negotiated and concluded through bona fide collective bargaining processes, to become effective at a later date. The Applicant shall require that a'complete schedule of all such m ttn a wage rates (whether determined by the Applicant vdth the concurrence of the Government, or as required by _ law) shall be set forth in each construction contract prior to inviting bids for such contract, and that the wages paid to such laborers and mechanics be not less than the rates so determined therefor. . The Applicant shall also require that all determined _:in:.^.un wage rates and all authorized deductions, if an:�r, from unpaid wages actually earned shall be posted at ap- propriate conspicuous points at the site of the Project. Unless othervrise required by law, wage rates need not be established. for non - manual workers, including executive, supervisory, administrative and clerical employees. 19. C010.7LATIOIT Or WAGS Old 8- 1- 10-UP DAY. - The Applicant shall re- quire (a) that the wages of every laborer and mechanic engaged in wort: on the Project shall be computed on.a basic day rate of'eight hours per day, eight hours of continuous employment, except for lunch periods, constitut- ing a day's work when a single shift is employed, and seven and one =half 10 F.W.A. 6623 � J - 9288 hours of continuous employment, except for lunch periods, constituting a day's work when two or more shifts are employed; and (b) that work in ex- cess of eight hours per day shall be permitted upon compensation, when a single shift is employed, at one and one -half times the basic rate of pay for all hours worked in excess of eight hours on any one day, or at any time during the interval from 5 P.M. Friday to 7 A.M. Monday, or on holi days, and, when two or more shifts are employed, at one and one -half times the basic rate of pay for all hours worked in excess of seven and one -half hours on any one day or at any time during the interval from\Friday mid- night to Sunday midnight. 20. .PAYMENT OF WLOYEES,.- The Applicant shall require that each construction contractor and subcontractor shall pay each of his employees engaged in work on the Project in full in cash and not less often than once each week, less legally required deductions and also deductions made pur- suant to the regulations prescribed under the so- .called "Kick -Back Statute" (48 Stat. 948): Provided; That when circumstances render payment in cash infeasible or impracticable payment by check may be effected upon consid- eration that-funds are made available in a local bank and checks may be cashed without .cbarge, trade requirements or inconvenience to the worker. 21. WAGE UNDWAYMI NT AND ADJUSTMENTS, - The Applicant shall require that, in cases of underpayment of wages by any contractor, it shall with- hold from such contractor out of payments due, an amount sufficient to pay workers employed on the work covered by his contract the difference�be- tween the wages required to be paid under the contract and the wages actu- ally paid such workers for the total number of hours worked and may dis- bu_rse such amounts so withheld by it for and on account of the contractor to the respective employees to whom they are due. 11 U �r+. sq . A. i 22. APFFIBTICr�S. - 'sinless otherwise required by lw -r the Applicant shall-.require that the number of appmitices, in each trade or occupatit.. , employed by each construction contractor or subcontractor, shall not ex- teed the number permitted by the applicable standards of the United States . Department of Labor,.or, in the absence of such standards, the number per- . mitted'under the usual practice prevailing between the unions and the em- ployers4- associations of the respective trades or occupations. 23. ACOILM PITT -L-N. - The .:applicant shall require that precau- tion shall be exercised at all Um s for the protection of persons (includ- ing employees) and property, and that hazardous conditions be guarded against or.eliminated. 24. INSPECTION. The Applicant shall require that the Federal Works Administrator-and-his authorized representatives and agents be permitted, and it will itself permit them._.ta—inspect.all. work, materials, pey rolls, records of personnel, invoices of materials and other relevant data and records. The Applicant shall cause to be provided and maintained during the construction of the Project adequate facilities at the site thereof n for the use of the Administrator's representatives or agents assigned to the Project.. 25. .SIGNS. - The Applicant stall cause to be erected at the site of the Project such signs, identifying the Project, as the Government may prescribe. 26. IMO'S, P3CORDS ALT DATA. - The Applicant shall submit, and shall require each contractor and subcontractor on the Project to submit, 12 F. W.A. 6623 to the Governmer_t.such, schedules of quantities and costs, progress scLed- ales, pay rolls, reports, estiretee, .racorae .and .miscellaneous data as may be required under applicable Federal statutes or rules 4d regulations procs'�ted thereunder: 27. PAYrMZS TO CONTIOTOPS. - Yot later than the fifteenth day of each calendar month the P.pplicant shall make a partial payment to each con - struct ion •contractor on the basis of.a du .V certified and approved estimate of .the work performed daring the -preceding calendar =nth by the particular contractor,.tut.snall retain_ until fo=al eompleti2n and acceptance of all work covered' by the particular contract a reaccnable amnmt, 'specified in the contract, suffici6mt t9 insure the proper performance of the Contract, 28. COWICT MADE AIM MRE177 1XIT MIZS. -The Appli: ant shall require that - (a)-- ns•uateelala manufactured or produced in a penal or correctional institution be incorporated into the Project. and (b) only sucb unuam factored articles, materials or supplies as have been mired or produced in the Uritad States of America -, ar_3 only such =ufactured articles, materials, or supplies as have been ranufactured in the ?Jnited States of �.,-aerica .sab- stantially all from articles, materials or supplies mined, produced, or man- ufactured, as the case may be, in the United States of Imerice., shall be em- ployed in the constriction of the Project. rceations-to the foregoing shall be made only with the Government's consent. 29. TL94=,,G P5OJECT.. - The 111 plicant shall not name the Project for at�y living person. 13 , F.'W%A: 6623 30. C@OMORATIVE TABLETS AND CORNERSTOVES. - Commemorative tablets and cornerstones for the Project must be satisfactory to the Government. 31. STATE OR TERRITORIAL LAW. - Anything in the Offer to the contrary notwithstanding, nothing in the Offer shall require the Applicant to ob- serve or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or Territorial law; Provided, That if any of the provisions of the Offer violates any applicable State or Territorial law, or if compliance with the provisions of the Offer would require the Applicant to violate any applicable State or Territorial law, or if because of any other reason the Applicant cannot comply with any of such provisions, the Applicant will at once notify the Federal Works Administrator in writing in order that ap- propriate changes and modifications may be made by the Federal :'forks Ad- ministrator and the Applicant to the end that the Applicant may proceed as soon -as possible with the construction of the Project. ( The End) 14 JI KICK -BACK STA1UT3 F.W.A. 6623 To effectuate the purpose of certain.statutcs concerning rates of pay for labor, by making it unlawful to present anyone from receiving the com- pensation contracted for thereunder, and for other purposes. Be it .enacted by the Agnate and House of Representatives of the United States of America in Corzress as:,embled, That whoe7er shall induce any person. etpioyed in the constriction, prosecution, or completion of any public building, public work, or building; or wore financed. in whole or in part by loans or grants from the united States, or ir_ the repair thereof to give up any part of the com sensation to ?•.hich he is entitled under his contract of empiovment, by force,•intiyadation, threat of procuring dis- missal from such employment, or by any other manner whatsoever, sha1l be fined not more than $5,000, or imrisoned not more than 5 years, or both. Sec. 2. To aid, in the enforcement of the above section, the Secretary of the Treasury: and. the Secretary of the Interior jointly shaall make reasonable regulations for contractors or subcontractors on any such building or work, including a provision that each contractor and subcon- tractor shall furnish weekly a sworn affidavit with respect.to the wages paid each er^ployee during the preceding week. Approved June I3, 1934.. SRCTIOI 9 OF F.EC.- MQN-IZAT•IOil �1d 110. IV, = CTrI'M MME 30, 1940, N I C-'.�.S�C 11 "E SECTI ") 4 OF H. J. RES. 551 (?7�7?�IC iieS. N0. /5) Sec. 9. Transfer of certain functions relating to e ^yorce.nert of ? ^fie payments on rnblic constrzctio...- -The functions of the Secretary of the Treasury and she Secretary 'of the Interior under section 2 of tre act of June 13, 1934, entitled 'an act to cffact?�ate the lour,ose of certain stat- utes concerning rates of pay for labor, bjr :aY*11, it urlaz*fu:1 to prevent anyone from receiving the compensation contracted for thereunder, and for other Iru-poses11 ;4S Stwt. 948j, are transf -rred to the Secretary of Labor, and shall be administered by him or under his direction and supervision by such agency in the DsDartment of Labor as the Secreta� -y shall, designate. i U F:W.A. 6623 BM=ONS AMICAME TO CON- 7=TOP.S AND SLOOG MAXTORS ON PULIC BUMMIG A;M. MM VMK LIM ON E=ING MD WIN FIX&= IN WHOLE OR IN FLET BY M 3S OR G1 MS MOM M UNITED STATES. (HICK -B.OK STOUTE) Section 1.1/ Weekly affidavit with respect to wages. --(a) Each con- tractor or subcontractor engaged in the construction, prosecution, com- pletion, or repair of any public building or work, or building or work financed in whole or in pert by loans or grants from the United States shall furnish each week an affidavit with respect to the wages paid during the preceding week. (b) Said affidavit shall be executed and sworn to by the contractor or subcontractor or by the Wthorized officer or employee of the con- tractor or subcontractor who supervises the payment of wages, and shall be in the following form: State of County of. ss.: I (name of party signing affidavit), title), being duly sworn, do depase and say: That I pay or supervise the payment of the persons employed by (contractor or subcontractor) on the (building or work); that the attached pay roll sets out accurately and completely the name, occupation, and hourly wage rate of each person so employed for the weekly pay roll period from the _ day of 194_, to the day of 194, the total number of hours worked by him during such period, the full weekly wages earned b',j him and any deduc- tions made from such weekly wages, and the actual weekly wages paid to him; that no rebates have been'or will_ be made either directly or in- directly to or on behalf of said (contractor or sub- contractor) from the full weekly wages earned as set out on the attached may roll; and that no deductions, other than the permissible deductions (as defined in the Regulations under the "dick- back" Act (48 Stat. 948)) described in the following paragraph of this affidavit, have been made or will be made, either directly or indirectly, from the full weekly wages earned as set out on the attached pay roll. (Paragraph describing deductions,.if any.) Sworn to before me this day of Signature: and Title 194_ These regulations are issued under the authority conferred is sec- tion 2, 48 Sta.t. 948 and section 9 of Reorganization Plan No. IV, ef- fective June 30, 1940, in accordance with section 4 of H. J. Res. 551 (Public Res. No. 75), approved June 4, 1940. the act and section 9 of Reorganization Plan No. IV are set forth in full in the appendix to these regulations. 4. F.W.A. 6623 (c) Each weekly affidevi:t with attached pas,- rcll shall be delivered within seven (7) days after the regular payment date of the pay ro'_1 to the Government representative in charge at the site of the building or work, or, if there is no such Government representative, ri_lall be *.•'ailed within such time to the Federal agency contracting for or financing the building or work. After such examination and check as may be _made, such affidavit and pay roll, or a copy thereof, together :nth a report of any violation, shall be transmitted by such Federal agency to the United States Department of Labor at Washington, D. C. , urle ^,s other:•n_ae ar ranged %tri th the Department, (d) At the request of the Federal agency contracting f.--r or financing the building or work, the contractor or subcontractor shall furnish and deliver, together with the original, a copy of the affidavit and pe,y roll required by this section. Sec. 2. Definitions. - -.4s used in the foregoing section: (a) The words "construction, prosecution, completion, or repair" com- prehend all types of work done on the particular building or work at the site thereof including, without limitation, altering, rera.eliig, paint- ing and decorating, and fabricating,.assembling and installing articles, .apparatus a_nd equipment used on. or installed in the building or work. They comprehend also the transporting of materials and supplies to or from the building or work, and the manufacturing or furnishing of mate- rials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor engaged in work at the site, (b) The words "building or work" include, eithout.limitation. (in addi- tion to buildings) structures and' improvement s of all tyres, such as bridges, dams, plants, highways, parkways, streets, subi,.,ays, tunnels, sewers, mains., power lines, pumping stations, railways, ships, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees,,and canals; and dredging, shorin~Q, scaffolding, drilling, blasting, excavating, clearing, and landscaping rLArork. Unless conducted in connection ildth and at the site of such S. building or i,,or'tc as is described in the foregoing sentence, the manufacture or furr...shing of materials, articles, supplies, or equipment (r4hether or rot the United States acquires title to such materials, articles, supplies, or eauipment during the course of the manufacturing or furnishing or owns the rials from which they are manufactured or furnished) is not a "bailding or work" krithin the meaning of these regulations. (c) The term "permissible deductions" includes (1) deductions regzi:red by statute, such as the Social Security Act, or by court order; and (2) deductions from wages of persons permanently employed by shipbuilding companies _.and_by- con cern s_.such as public utilities not normally engaged 2 F.W.A. 6623 9288 in performing construction contracts, for death, disability, sickness, hospitalization,.retirement, or unemployment insurance: Provided, That the total amount of such deduction is -Paid for premiums to insurance com- panies or mutual benefit associations neither directly or indirectly under the control of the contractor or subcontractor and that no portion .of such premiums, whether in the form of a commission or otherwise, is returned to the contractor or subcontractor; and Provided further, That such deductions have been voluntarily agreed to by such employees in writing and in advance; (3) deductions for the purchase of United States Defense Bonds and Stamps and United States Tax Savings-Notes: .Provided, That neither the contractor nor subcontractor nor any person acting in his behalf directly or indirectly derives any benefit or profit from the transactions; and Provided further, That such deductions have been voluntarily agreed to by the employees in writing and in advance. No other deductions are permissible within the meaning of these regulations, including, without limitation, deductions for board, lodging, commissary purchases, hospitalization benefits•, hospital bills, voluntary wage as- signments, group insurance, rentals, loans, or loss of tools. `Bona fide cash wage advances are permissible. (d) The term "Federal agency! includes all executive departments, in- dependent establishments, agencies, and instrumentalities of the United States, corporations.all of the stock of which is beneficially owned by the United States, and the District of Columbia. Sec. 3. Notice to contractors. -- Contracts entered into after the ef- fective date of these regulations shall contain -Provisions appropriate to bind the contractors to comply with the requirements of the regula- tions if applicable. Sec. 4. Effective date; exist' regulations suoerseded. —These regu- lations shall be effective sixty 60 days after publication thereof in the Federal Register and shall supersede from that date the regulations and amended regulations issued jointly by the Secretary of the Treasury and the Secretary of the Interior on January 8, 1935, and March 27, 1937, respectively (24 C, F. R. 604; 41 C. F. R. 21): Provided, That the parties to contracts or subcontracts entered into prior to the effective date may, if they so agree, comply with these regulations instead of with the superseded regulations at any time after publication of these regu- lations in the Federal. Register. These Regulations were published on March 1, 1941, in 6 Federal Register, No. 42, page 1210. C 'RESOLUTION_ No. -6EX - (New Series) A RESOLUTION, RELATING TO THE ESTABLISHMT OF AN AIRPORT. WEM RW there is now in operation near the City of San. Luis Obispo a'small airport known as the County Airport, which airport has been constructed on real property leased by the County of San Luis Obispo: AIMD WHMXAS' the Civil Aeronaf►tios Administration, by written cnmminioation -to both the County of. San Luis Obispo and the City of San Luis Obispo, has offered to expend a spun in excess of 300,000.00 for the improvement of such airport.but as a condition to the expend- iture of such funds has required that said airport be enlarged and that title to the real property'be vested in .either the County of San Luis Obispo or the City of San Luis Obispo, or in.both said County W said City, acting jointly. AND WHMUMS the establishment of a modern airport of sufficient size at the location of the present airport, will be of great value is National Defense and will assist materially in the prosecution of the ware AND WHEREAS such airport will be a valuable asset to both the County of San Luis Obispo and the City of San Luis Obispo as a civilian airport after the establishment of peace. ADD WM3AS it appears that the offer made by the Civil Aeronautics Administration should be aooepted., and that both the City of San Luis Obispo and the County of San Luis Obispo should take advantage of such offer, to the end that a proper airport be established for the benefit of the entire County of San Luis Obispo, as :well as the City of San Luis Obispo. NOW THMWORL, BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows:1 M N JJ 1. That said City Council does hereby approve of the establishment.of an airport as outlined by the Civil Aeronautics Administration, and as s at forth in this Resolutiowl 2. That said City Council does hereby urge the Board of Supervisors of the County of San.Luis Obispo to use every effort to arrange for the purchase of the present airport property and such additional land as may required by the Civil Aeronautics Admin- istration.' 3 That said City Council agrees to assist in the purchase of the necessary land by itself purchasing a portion of the property, and for such purpose agrees to furnish the sum of 0 5;000.00 PASSED AND ADOPTED by the City. Council of the City of San Luis Obispo at an adjourned regular session thereof duly held on the 5th. day of February; 191.2, by the following voter AYES :W.H.Brazil.,R.r.Kowell,Ralph C.Kennedy,F..C.Kimball NODS: - ._Joseph Leary ABSBDT: None ATTEST City Clerk �.W-w :RESOLUTION NO._652 (New Series) A RESOLUTION RELATING TO THE ISSUANCE OF IMPROVE- MENT BONDS OF THE CITY OF SAN LUIS OBISPO, PURSUAAIT TO RESOLUTION OF INTENTION NO. 583, (NEVI SERIES) DETERMINING THE AMOUNT OF UNPAID ASSESSMENTS, PRES- CRIBING THE DENOMINATIONS OF SUCH BONDS, AND PRO- VIDING FOR THEIR ISSUANCE AND DELIVERY. WHEREAS, the City Council of the City of San Luis Obispo, did, on the 26th day of May, 1941, pass and adopt its Resolution of Intention No. 583, (New Series) relating to certain work to be done and improvement to be made in said City as therein described, under and pursuant to the provisions of the "Improvement Act of 19110, as amended, and did by said Resolution of Intention provide that serial bonds to represent unpaid assessments, and.bear,,interest at the rate of four (4) per cent per annum will be issued thereunder in the man- ner provided by the "improvement Bond. Act of 1915 ", the last install- ment of which bonds shall mature nine (9) years from the second day of duly next succeeding ten months from their date, reference to said Resolution of Intention being hereby expressly made for further par- titulars; and WHEREAS, the contract for said work and improvement was duly awarded and thereafter duly completed to the satisfaction of the Superintendent of Streets of said City, and this City Council, where- upon in due course an assessment, diagram and warrant, were made, re- corded and delivered to the contractor in time, form and manner as required by law, and the contractor or his assignee having made due return thereon and the same having been duly filed; and WHEREAS, on January 26, 1942, the Street Superintendent of said City made and filed with the Clerk of this City Council, a com- plete list of all assessments unpaid thereunder upon the respective assessment or diagram numbers thereon, whereupon said Clerk gave notice of the filing of said list, and fixed in said notice Monday, the 9th day of February, 1942, at the hour of 7:30 o'clock P.M. of said day, at the regular meeting place of said City Council, as the time - 1 - Lzi when interested persons might appear before the said City Council and show cause why bonds should not be issued upon the security of the unpaid assessments shown on said list, as appears from affidavits on file in.the office of said clerk, said time being that of this adjourn- ed regular meeting of said City Council. AND WHEREAS, no objeetions'against the issuance of bonds as aforesaid, either verbal or written, were presented or filed be- fore or at the time set for said hearing. WHEREAS, since said filing by said Street Superintendent of said list of assessments unpaid, the following assessments have been paid,.to -wit: No. 37 47 120 133 134 230 AMOUNT OF EACH ASSESSMENT IN DOLLARS AND CENTS 132.59 111.43 347.78 - 142.71 1!,:2.71. 252.85 aggregating the total sum of $1130.07, leaving a balance due on account of said unpaid assessments of $ 17,680.99, and said list of assessments unpaid filed by said Street Superintendent, as aforesaid, appearing in all respects complete and correct after excepting and deducting therefrom the assessments paid since the filing thereof, as hereinabove set forth. NOW THEREFORE, it is hereby resolved and found and deter- mined by said City Council, that said list of assessments unpaid filed by said Street Superintendent as aforesaid, was at the time of said filing thereof in all respects complete and correct, and that since the filing thereof, assessments'have been paid aggregating the sum of $1130.07, as hereinabove set forth, and also that the unpaid assessments made pursuant to proceedings duly taken under said Reso- lution of Intention, and the aggregate amount of the same are as follows: 2 - y ASSESSMENT AMOUNT DOLLARS ASSESSMENT AMOUNT.DOLLARS NUMBER AND CENTS NUMBER AND CENTS -6 133,64 117 115.91 10 J 98.74 119 693:89 .. 11 51.97 119 -A 17.40 12 59.10 121 86.34 13 114'.63 122 85:39 16 426.21 123 126.79 17 88.29 124 244.54 18 96.84 125 24.13 19 88.28 126 28.22 21 81.72 127 32.32 22 81.72 131 25.13 23 81.72 135 78.15 25 295.84 138 71.32 26' 162.12 -139 69.09 28 81.23 141 56.63 -A ' 143 56.63 29 88.28_ 145 92.88 30 88..23 146 281.06 31 88.85 -148 117.92 32 81.72 151' 2.19 33 81.72 152 10.96 35 300.49 153 10:96 38 110.3.5 154 10.96 39 - 111.43 155 398.17 40 111.43 156 501.18 41 222:07 157 117.52 42 582.47 160 9.24 44 99.48 161 43-i90 45 - 59.b3 162 -34,38 46 80.22 163 81.93 52 227.63 164 34.38 56 128.71 165 81.93 58 110.19 166 496.86 59 20.94 167 612.24 62 166.62 168 132.99 77 '65.39 169 132.99 78 - 122.54 170 134.66 79 122.53 177 12.33 80 122.54 -178 . .50 81 122.53 179 281.69 82 - 122.54 180 134.83 83 147.04 184_ 183.81 84 366.77 189 539.48 85 2.61 190 134.86 86 389.08 191 134.86 88 8.67 192 134.59 94 .86 193 132.99 95 .86 194 132.99 96 8.67 195 625.61 97 8.65 196 407.65 102 5.20 197 8.51 103 448.36 198 8,51 104 591.90 202 122.52 105 .97.94 207 176.08 107 74.52 209 -- 995.96 110 92.42 210 -'l, 20 223 319.75 231 242.56 211 167.33 -3- And said City Couneil'further hereby finds and determines that the total or aggregate amount of said assessments unpaid is the sum of $17,680.99, NOW THEREFORE,.in consideration of the foregoing premises, the City Council of the City of San Luis Obispo does further hereby resolve as follows: SECTION 1. That bonds shall be issued upon the security of said unpaid assessments to said amount of $17,680.99, in accordance with the provisions of said "Improvement Act of 1911 ", as amended, and said "Improvement Bond Act of 1915 ", as amended, and -under and pursuant to said Resolution of Intention and resolutions, notices and proceedings in relation thereto, duly had and taken; said bonds shall be called "Improvement Bond ", shall be twenty (20).in number, shall be dated February 9, 191,2, and bear interest at.the rate of four (4) per cent per annum; and the character and denominations of said.bonde,, with their respective numbers and dates of maturity, are as follows: SERIES BOND NMdBER AMOUNT DATE OF MATURITY S 1 1 # 19000.00 duly 29 1943 S 1 2 768.09 July 2s 1943 s 2 3 19000.00 auly 29 1944' . S 2 4 768.10 auiy 2, 1944 S 3 5 11000.00 July 2, 1945 S-3 6 768.10 duly 21 1945 S 4 -7 1,000.00 duly 2, 1946 S 4 8 _ 768.10 duly 29 1946 S 5 9 19000.00 duly 2, 1947 S 5 10 768.10 duly 2, 1947 S 6 11 1;000.00 duly 2, 1948 S 6 12- 768.10 July 2.3, 1948 S 7 13 10000.00 July, 2, 1949 S 7 14 768.10 July 2, X949 8 8 15 1;000100. July 2, 1950 S 8, -16 768.10 auiy 2, 1950 S 9 17 1,900.00' July 2, 1951 S 9 18- 768.10 duly. 29 1951 S 10 19 19000.00 ' July 2, 1952: S 10 20 768.16. auiy 21 1952 SECTION 2.. Said bonds shall be issued in series,, and the unpaid assessments as shown on said list filed by the Superintendent of Streets and determined by said City Council and any reassessments which may be issued thereon or in lieu thereof, together with interest 4. 4 _ M M thereon, shall remain and constitute a trust fund for the redemption and payment of said bonds and of the interest which may be due there- on, which unpaid assessments shall be payable in annual series corres- ponding in number to the number of series of bonds issued; and an even annual proportion of each assessment shall be payable in each year preceding the date of the maturity for each of the several series of bonds issued, and such proportion of each assessment coming due in any year, together with the annual interest thereon, shall in turn be payable in installments as the general municipal taxes of said City on real property are payable, and shall become delinquent at the same times and in the same proportionate amounts and bear the same propor- tionate penalties for delinquency. Said bonds shall be signed by the City Treasurer of said City and countersigned by the City Clerk, who shall affix thereto the official seal of said City; the interest coupons affixed thereto shall be signed by the Treasurer or bear his engraved or lithographed signature; said bonds shall be substantially in the form set,_forth in said "Improvement Bond Act of 1915 ", as amended, said City Treasurer and said City Clerk being hereby authorized and directed so to sign and 'countersign respectively; The interest coupons attached to,eaeh of said bonds and evidencing the interest to accrue thereon shall be numbered consecu- tively and be substantially in the following form, to -wit: Coupon No.- Improvement Bond, City of San Luis Obispo,. The City of San Luis 0 ispo, will pay to the Bearer hereof on the second day of . 19 ', , at the office of7he City Treasui_e_r_oY­sa_i_d=tj in the County of San Luis Obispo, State of California, said sum being the semi - annual interest due on Improvement Bond No. of Series No. City Treasurer -5- N _ M SECTION 3. Said bonds shall be forthwith delivered to said contractor or his assigns in satisfaction of the balance due him upon his assessment -and warrant. I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo, at an adjourned regular meeting thereof held on the 9th day of February, 1942, by the following vote: $yES: W.H. Brazil ,R.k.Howe11, Ralph C. Kennedy,F.C,Kinball- ,Joseph Lear -v NOES: None ABSENT: None City Clerk Presented to and approved by me this 9 day of February, 1942. MM WWIMMIAWW RESOLUTION No. 653 (New Series) A RESOLUTION ACCEPTING THE OFFER OF F. C. STOLTE COMPANY TO RESTORE CERTAIN ALTERNATES AND TO MAgE CERTAIN CHANGES IN CONNECTION WITH ENLARGEMENTS AND =OVEKENTS TO THE SEWAGE DISPOSAL PLANT OF THE CITY OF SAN LUIS OBISPO WHEREAS, the United States of America acting through the Federal Works Agency; Defense Public Works Division, heretofore offered to the City of San Luis Obispo federal assistance in the sum of $93,730,00 in connection with the'construction of enlarge- ments and improvements to the sewage disposal plant of said city, known as Defense Public Works Project, Docket No. Calif. 4- 144. AND WHEREAS, said offer was accepted by the City of San Luis Obispo and thereafter plans and specifications were completed and bids were called for, and upon receipt of such bids it became evident that, because of financial limitations, eertain'portions of the proposed sewage disposal plant, as shown on said plans, would have to be eliminated and omitted from the contract. AND WHEREAS, the City of San Luis Obispo awarded the con- tract for such project but omitted from such award and contract the following: (a) Gas- holder roof for the existing sludge digestion tank. (b) Two comminutor machines. (c) Chlorination chamber. (d) Sludge mixer and heat exchangers of the primary sludge digestion tank. (e) The secondary bofilter structure and equipment. AND WHEREAS, the United States of America; acting through the said Federal Works agency, made a further offer of federal assistance, dated January 20, 1942, in connection with said Public Works Project, said offer being in the.sum of $ 103,000.00 , . which offer will permit the restoration of certain alternates omit- ted from the original award and contract. AND WHEREAS, F. C. Stolte Company, the contractor to whom said contract was awarded, has offered to restore the secondary biofilter structure and equipment (alternate No. 6) for the sum.of $16,500.00, and has offered to restore the chlorination chamber (alternate No. 3),11and4ncrease the size thereof from a diameter of twenty (20) feet to a diameter of twenty -eight (28) feet, for the sum. of $2,587.00, and has also offered to change the center piers of the Primary and Secondary.Clarifiers to conform to the dimen- sions shown on the Dorr Company, Inc. drawing for the sum of 4479.00,) and has filed with the.City Council of the City of San Luis Obispo a written offer to that effect. AND WHEREAS, said F. C. Stolte Company has requested an extension of time of sixty days beyond the date of completion-speci- fied in the.original contract, in the event the Secondary Biofilter is restored, within which to construct same. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: 1. That said offer made by F. C. Stolte Company to re- store the secondary biofilter and equipment, to restore and enlarge the chlorination chamber and to change the center piers in the Primary and Secondary Clarifiers, be and the same is hereby - accepted by the City of San Luis Obispo. 2. That in the event the Secondary Biofilter is restored, said F. C. Stolte Company is hereby granted an extension of time of sixty days beyond the date of completion specified in the original contract within which to complete the construction of said Secondary Biofilter. 3. That the Regional Director, Federal Works Agency, Defense Public Works, Region No. 10, be requested to record the changes made by this resolution and to issue a memorandum showing such changes. - 2 - �J PASSED AND ADOPTED this 24th day of February, 1942, by the following vote: AyES; W.H.Brazil,R.P.Howell ?Ralph C. Kennedy.F.C..Kimball.Joseph Leary_ NOES: None ABSENT: None ayo ATTEST: ity Cler -3- I, J.E. Brown, duly appointed and qualified and acting City Clerk of the City of San Luis Oti:;po do hereby certify that the foregoing is a true and correct copy of Resolution No. 653 (Nevi Series) passed and adopted by the City Council on the 24th day of February, 1942, and as the same now appears on file and of record in my office.. IN 'UTRESS 'HE'WOF, I hereunto set my hand and �affix the official seal of the City of San Luis Obispo this L, day of February, 1942. City Clerk RESOLUTION N0. 654 (New Series) A RESOLUTION OBJECTING TO THE SALE BY J. E. BARRETT AS TAX COLLECTOR OF THE COUNTY OF SAN LUIS OBISPO, OF CERTAIN TAX DEEDED PROPERTY LYING WITHIN TEE CITY OF SAN LUIS OBISPO. -d WHEREAS, J. E. Barrett, Tax Collector of the County of San Luis Obispo,'did heretofore file with the City Council of the City of San Luis Obispo a written notice that he intended to sell at public auction the real property hereinafter in this resolution described, said real property having been deeded to the State of California for non - payment of County of San Luis Obispo taxes, and said intended sale to be held on March 6, 1942. AND WEERFiAS, said real property lies within the City of San Luis Obispo. AND WHEREAS, the City of San Luis Obispo is a taxing agency and has heretofore levied certain taxes on said real prop- erty, some 'of which taxes remain unpaid. AND WHEREAS, the City Council of the City of San Luis Obispo is the governing body of said city. AND WHEREAS, the City Council of the City of San Luis Obispo desires to object to the sale of said real property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that it objects and does hereby object to the sale of said real property by J. E. Barrett, as Tax Collector of the County of San Luis Obispo. Said real property, to the sale of.which objection is made, is situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: Property assessed to Wm. M. and Eliz. Kempin: In the City of San Luis'Obispo: Lot 11, in Block 7, of the Southside Addition to said City. - 1 - AND BE IT FURTHER RESOLVED that the City Clerk of the City of San Luis Obispo be, and he is hereby directed to file a certified copy of this resolution, -with the Board of Supervisors of the County of San Luis Obispo and with T. E. Barrett, Tax Collector of the County of San Luis Obispo. PASSED AND ADOPTED this 2nd day of Maroh, 1942, by the following vote: AYES: R.Y,Howell, Ralzh �. nennedv,F.C.IK-imball. Joseph Leary NOES: None ABSENT: IV. H. Brazil ATTEST - 2 - E. Brotim, _duly appointed and qualified and acting City Clerk of the City of. Saa Luis Obispo-do hereby certify that the foregoing is a true and correct copy of Tesolution yo. 65f Series) passed and adopted by the City Council on tha 2nd day of March, 1342, and as the same now appears on rile and of record in .my office. M "i1='.:_SS r 4�OF, I hereunto set my, hand And affix the Official ieal of the City of San :Luis Obispo this day of °Xarch, 1849. City Clerk. I RESOLUTION No. 655 (New Series) A RESOLUTION ACCEPTING THE OFFERS OF F. C. STOLTE COMPANY TO MAKE CERTAIN CHANGES AND SUBSTITUTIONS IN CONNECTION WITH ENLARGEMENTS AND IMPROV MTS TO THE SEWAGE DISPOSAL PLANT OF THE CITY OF SAN LUIS OBISPO. WHEREAS, the United States of America acting through the Federal Works Agency, Defense Public Worts Division, heretofore offered to the City of San Luis Obispo federal assistance in connection with the construction of enlargements and improvements s. to the sewage disposal plant of said City, known as Defense Public Works Project, Docket No. Calif. 4 -144• AND WHEREAS said offer was accepted by the City of San Luis Obispo, and thereafter a contract was awarded to F. C. Stolte Company for the construction of said enlargements and improvements. AND WHEREAS certain changes in the contract were heretofore made, and, due to the inability of the contractor to obtain the quantity, type.and size of reinforcing steel set forth in the specifications and shown on the plans, and for other reasons, certain additional changes have become necessary. AND WHEREAS, F. C. Stolte Company, the contractor.to whom said contract was awarded, has offered and agreed to make the following changes and substitutions, to -wit; 1. To substitute intermediate grade reinforcing steel bars in place of structural grade reinforcing steel., *here it i:s impossible to secure the latter. 2. To furnish 5/8" round bars instead of the 1/2" square bars, as shown in the -walls of the clarifiers, and that where such 5 /g" round bars are substituted, they shall be spaced to give an equiv- alent area of steel. 3. To revise the chlorine storage house so as to make it fit existing conditions. 4. To substitute a poured petrolastic sealing joint instead of the 3/8" x 110" water proof membrane.at the junction of the walls and floors of the clarifiers. 5. To substitute an equivalent area.of steel mesh reinforcing instead of the reinforcing bars called for on the plans in the primary clarifier influent box and the primary and secondary junction boxes. AND WHEREAS it appears that such changes and substitutions are proper and necessary under the circumstances and have been approved by the City Engineer of the City of San Luis Obispo. NOW THEREFORE, BE 1T RESOLVED by the City Council of the City of San Luis Obispo, as follows: 1. That said offers made by F. C. Stolte Company as . p. hereinabove set forth be and the same are hereby accepted and approved by the City of San Luis Obispo, provided that all of said changes and substitutions shall be made at no extra cost to the City of San Luis Obispo nor to said Federal Works Agency. 2. That the Regional Director, Federal Works Agency, Defense Public Works, Region No. .6, be requested to record the changes made by this resolution and to issue a memorandum showing such changes. PASSED AND ADOPTED this 9th. day of March, 1942, by the following vote: AYES: W.H.Brazil.R.P.Howell,Ralph C.Kennedv0.F.C.Kimball,doseph Leary NOES: None ABSENT: None May ATTEST: r� City Clerk RESOLUTION NO. 656 (New Series) A RESOLUTION-ACCEPTING THE OFFER OF F. C. STOLTE COM- PANY TO MAKE A CERTAIN CHANGE AND ADDITION IN CONNEC TION WITH ENLARGEMENTS AND IMPROVEMENTS TO THE SEWAGE DISPOSAL PLANT OF THE CITY OF SAN LUIS OBISPO. WHEREAS, the United States of America acting through the Federal Works Agency, heretofore offered to the City of San Luis Obispo federal assistance in connection with the construction of enlargements and improvements to the sewage disposal plant of said city, known as Defense Public Works Project, Docket No. Calif. 4 -144• AND WHEREAS, said offer was accepted by the City of San Luis Obispo, and thereafter a contract was awarded to F. C. Stolte Company for the construction.of.said enlargements and improvements. AND WHEREAS, certain changes in the contract were hereto- fore made, and a further change has become necessary by which the heighth of the valve pit walls will be increased, li feet. AND WHEREAS, F. C. Stolte Company, the contractor to whom said contract was awarded, has offered to make such change and addition at a total increased cost of $52.00, the following being a breakdown of such change and addition, to -wit: Item No. Description Labor Material Other Total of item cost cost cost cost 1 Concrete 1.5 c.y $ 20 $ 19 $ 6 /J 45.00 2 Rein.Steel 871 lbs. 2. /. 1 7.00 Totals $ 22 $ 23 $ 7 $ 52.00 AND WHEREAS, such change and addition is proper and neces- sary, has been approved by the City Engineer of the City of San Luis Obispo and said prices being the unit prices in accordance with the bid of said contractor now on file, namely $30.00 per cubic yard of concrete and .08¢ per pound for reinforcing steel. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: 1. That said offer made by F. C. Stolte Company as herein- above set forth be and the same is hereby accepted and approved by the City of San Luis Obispo. 1 - i 7D . 2. That Mr. Guy R. O'Melveny, Construction Engineer of the Federal Works Agency, be requested to record the change and addition made by this resolution and to issue a memorandum showing such change and addition. PASSED AND ADOPTED this 16th day of March, 1942, by the following vote: AYES: W. H. Brazil ,R.P.Hor:e112.Ralph C.Kennedy,F.0.Kimball NOES: None ABSENT: Joseph Leary ATTEST: City Cle k - 2 - IT . RESOLUTION N0. 657 (New Series) A RESOLUTION AMENDING AND CORRECTING RESOLUTION N0. 653 (NEVI SERIES) I,N REFERENCE TO THE COMPEN- SATION TO BE PAID F. C. STOLTE COMPANY FOR THE RESTORATION OF CERTAIN ALTERNATES AND CERTAIN CHANGES IN CONNECTION WITH ENLARGEMENTS AND IM- PROVEMENTS TO THE SEWAGE DISPOSAL PLANT. WHEREAS, By Resolution No , 653 (New Series) entitled "A Resolution Accepting the Offer of F. C. Stolte Company to Restore Certain Alternates and to make Certain Changes in Connection with Enlargements and Improvements to the Sewage Disposal Plant of the City of San Luis Obispo ", the City Council of the City of San Luis Obispo accepted the offer of F. C. Stolte Company to restore cer- tain alternates and to make certain changes in connection with en- largements and improvements to the sewage disposal plant of the city, which offers were as follows: 1. To restore the secondary biofilter and equipment (Alternate No. 6) for the sum of $16,500.00. 2. To restore the chlorination chamber (Alternate No. 3) and increase the size thereof from a diameter of 20 feet to a diameter of 28 feet, for the sum of $2,587.00. 3. To change the center piers of the primary and secondary clarifiers, for the sum of $479.00. AND WHEREAS, the prices contained in such offers made by said F. C. Stolte Company in reference to items numbered.2 and 3 above, do not exactly agree with the prices contained in the bid made by F. C. Stolte Company and upon which bid the contract was awarded. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that the acceptance of said offers by the City Council, which acceptance was made by the terms of said Resolu- tion No. 653 (New Series), be amended and corrected as follows: - 1 - C C' That the prices to be paid to F. C. Stolte Company for the restoration of the chlorination chamber (Alternate No. 3) shall be the sum of $1,650.00. That the prices to be paid to F. C. Stolte Company to increase the size of the chlorination chamber from a diameter of 20 feet to a diameter of 28 feet shall be the sum of $936.35• That the prices to be paid to said F. C. Stolte Company for changing the center piers of the primary and secondary claTi- fiers to conform to the dimensions shown on the Dorr Company, Inc. drawing, shall be the sum of $478.50. Such corrected amounts will strictly conform to the prices contained in the said bid of F. C. Stolte Company, for additional work. PASSED AND ADOPTED this 23rd day of March, 1942, by the following vote: AYES: W.H.Brazil,R.P.Ho%vell,Ralph C.Kennedy, F.C.Kimball,Joseph. Leary NOES: None ABSENT: None i Mayor ATTEST: City Clerk - 2 - RESOLUTION N0. 658 (New Series) A RESOLUTION AUTHORIZING THE ExECUTION OF A DEED CONVEYING TO THE COUNTY OF SAN LUIS OBISPO A RIGHT OF WAY ACROSS CERTAIN REAL PROPERTY IN STENNER CREEK CANYON OWNED BY THE CITY OF SAN LUIS OBISPO WHEREAS, the Federal Works Agency has let a contract for the construction of a reservoir in Stenner Creek Canyon, which reservoir will become a part of the water system of the City of San Luis Obispo. AND WHEREAS, due to the location of said reservoir, it has become necessary to change and relocate the county road in Stenner Creek Canyon, which change and relocation will require the conveyance by the City of San Luis Obispo of a right of way to the County of San Luis Obispo over and across certain real property owned by the City of San Luis Obispo, which right of way is herein- after described. AND WHEREAS, the construction of said reservoir is to the advantage of the City of San Luis Obispo, and the conveyance of said right of way will facilitate the construction of said reservoir. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that the Mayor of said city be and he is hereby authorized and directed to execute and deliver for and on behalf of the City of San Luis Obispo a deed conveying to the County of San Luis Obispo a right of way over and across said real property, which execution shall be attested by the City Clerk. Said right of way is described as follows: A strip of land 40 feet wide and being 20 feet on each side of the following described center line: Commencing at a point in lot "9 of the Rancho Potrero de San Luis Obispo, San Luis Obispo County, State of California, said point being distant North 82° 23* West 6.92 feet; thence North 290 23' 50" East 456.54 feet; thence North 23° 52' East 207.61 feet; thence North 170 31' East 531.05 Peet; thence North 260 13' East 30.00 feet from stake S. 60 set in the Southwest corner of said lot 9 of the subdivisions of a part of the Rancho Potrero de San Luis Obispo, as said lot is shown on a - 1 - map filed in Case No. 892 had in the Superior Court of the State of California, in and for the County of San Luis Obispo, entitled "Manuel Serrano et al, Plaintiffs, versus Hipolito Serrano et al, Defendants," Final decree in said case entered in Book B at Page 339 of Judgments and a copy of said decree being recorded in Book 3 of Deeds at Page 568, records of said County; thence run - ning from said point of commencement North 260 13t 30" "West 104.21 feet to a point in said lot 9; thence North 41° 09' 30" East 120.98 feet to a point; thence North 38° 34' East 120.00 feet to ayppint containing 0.25 acres and being a part of said lot 9 of_the aforemen- tioned Rancho. Also: A strip of land 40 feet wide and being 20 feet on each side of-the following described center line: Commencing at stake S. 45 a common corner to lots 1 and 9 of the Rancho Potrero de San Luis Obispo, San Luis Obispo County, State of California, said lots being a subdivision of a part of the Rancho Potrero de San Luis Obispo as said lot is shown on a map filed in Case No. 892 had in the Superibr'Court of the State of California, in and for the County of San'tuis Obispo, entitled "Manuel Serrano et al, Plaintiffs, versus Hipolito Serrano et al, Defendants," Final decree in said case entered in Book B at Page 339 of Judgments and a copy of said decree being recorded in Book 3 of Deeds at Page 568, records of said County; thence running from said point of commencement South 580 30 30" West 592.10 feet to a point; thence South 380 51' 30" East 184.64 feet to a point; thence South 210 56' 30" West 277.50 feet to a point; thence South 180 33' 30" West 60.00 feet to a point, containing 0.22 acres and being a part of said lot 9 of the aforementioned Rancho Potrero de San Luis Obispo. PASSED AND ADOPTED this 23rd day of March, 1942, by the following vote: AYES: I. H.3razil,R. P.?iorrell,Ralph C. Kennedy,* F. C. Kimball, Joseph Teary NOES: --done ABSENT: ?done /Ma or ATTEST: City Clerk 2 - RESOLUTION NO. 659 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF SAN LUIS OBISPO RE- LATING.TO ENGINEERING SERVICES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the City of San Luis Obispo enter into that cer- tain agreement dated March 26, 1942; by and between the United States of America, acting by and through the Federal Works and the City of San Luis Obispo, relating to n connection engineering services to be furnished with Defense Public Works Project, Docket No. Calif. 47151, water pipe lines and reservoir. AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be and he is hereby authorized to execute said agreement for and on behalf of said city, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 6th day of April, 1942, by . the following vote: AYES: W.H,Brazil,R.P.Howell,Ralph C.Kennedy,F.C.Kinball Joseph Leary NODS: None ABSENT: None ` Mayor ' ATTE ��. -Gtr City Clerk RESOLUTION N0. 660 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEtVENT BETWEEN THE CITY OF SAN LUIS OBISPO AND ERNEST MARTIN, ET AL RELATING TO A WATER PIPE LINE TO BE CONSTRUCTED ON THE SOUTHERLY EXTENSION OF JOHNSON STREET, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the City of San Luis Obispo enter into that certain agreement dated March 23, 19422 by and between said City and Ernest Martin, et al relating to the water pipe line to be constructed on the Southerly extension of Johnson Street. AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be, and he is hereby authorized to execute said agreement for and on behalf of said city, which execution shall be attested-by the City Clerk. PASSED AND ADOPTED this 10th day of April, 1942, by the following vote: AYES: W.H.Brazi1, R.F.Howell, Ralph C. Kennedy, F. C, Kimball NOES: None ABSENT: Joseph Leary ' z-Mayo RESOLUTION No. 661 (New Series) A RESOLUTION DETERMINING THAT TEE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION BY THE CITY OF SAN LUIS OBISPO OF CERTAIN REAL PROPERTY FOR AIRPORT PURPOSES, AND DIRECTING THE INSTITUTION OF A CONDEMNATION ACTION BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: That said City Council does hereby find and determine that the public interest and necessity requires the acquisition by the City of San Luis Obispo of the real property hereinafter described for the purpose of the establishment thereon, in conjunction with the County of San Luis Obispo, of a public airport. That the City Attorney of the City of San Luis Obispo be, and he is hereby, directed and authorized to institute in the proper Court, in the name of the City of San Luis Obispo, such action or proceeding as may be necessary to condemn and take said real property for the public use intended, namely, the establishment thereon of a public airport; and to prosecute such action or proceeding to final judgment against any and all persons owning or having any interest in said real property. That in said action or proceeding, said City Attorney is directed to seek the immediate possession of said real property under the laws of the State of California permitting immediate possession upon payment of such sum as the Court may direct; and that upon the making of an order of Court determining the amount to be paid, the City Clerk of the City of San Luis Obispo is directed to issue a warrant for such sum, payable out of-the General, Fund of the City of San Luis Obispo; provided:, however, that such warrant shall not be in a sum greater than $ 5,000.00. The real property referred to in this resolution and sought to be condemned is situate in the County of San Luis Obispo, State of California, and is described as follows: All of Lot 70 and all that part of Lot 71 of the San Luis Obispo Suburban Tract, as shown on that certain map entitled "Map of the Subdivisions of the San Luis Obispo Suburban Tract" which map was filed for record February 7, 1906, in the Office of the County Recorder of said County in Book 1 of Records of Surveys, at Page 92, all that part of Lot 71 being more particularly described as follows, to -wit: Commencing at the Northwest corner of said Lot 71 and running thence from said point of beginning South 1320.00 feet along the Westerly line of said lot to the Southwest corner thereof; themce East 209.484 feet along the Southerly line of said lot to a point; thence North 1320.00 feet across said lot to a point on the Northerly line thereof; thence West 209.484 feet along the Northerly line of said lot to the point of commencement. Said Lot 70 and fractional part of Lot 71 containing in the aggregate 26.348 acres of land. PASSED AND ADOPTED this 13 day of April, 1942, by the following vote: AYES: a�,:i Brazil,R.'rHor�ell,Ralph �. Kennedy, F.C. Kimball NOES: None ABSENT: Joseph Leary ATTEST.:. City Clerk