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Home My WebLink About663N-700NRESOLUTION NO. 663_. (New Series) RESOLUTION CONSTITUTING AGREFAENT WITH THE UNITED STATES RELATIVE TO OPERATION AND MAINTENANCE OF THE SAN LUIS OBISPO COUNTY AIRPORT WHEREAS, the Administrator of Civil Aeronautics of the --- United States Department of Commerce (hereinafter referred to as - "Administrator ") acting pursuant to the terms of the Third Supplemental National Defense Appropriation Act, 1942 (Public-Law 353, 77th Congress, Title III), has designated as necessary for national defense a pro- ject- (herein called the. "Project ") for development of the San Luis Obispo County Airport .(herein called the "Airport "), which project is identified as S- and WHEREAS, as a condition precedent to release and operation of the Project, the Administrator requires that the County of San Luis Obispo, State of California (herein called the "County of San Luis Obispo, State of California ")' have title to.the landing area of the Airport and the lands to be improved under the Project and enter into an agreement with the United States (herein called the "Government".), in the manner and form hereof; and AND WHEREAS, the City of San Luis - Obispo has commenced an action in condemnation to secure title in fee simple to a portion of the land comprising the proposed airport, which land is shown on the map attached hereto and marked "Exhibit A ". NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. That for and in consideration of.the develop- ment of the airport by the Government as contemplated by the Project, the City of San Luls Obispo does hereby covenant and agree with the Government as follows: (a) That the City of San Luis Obispo will permit the use by the County of San Luis Obispo of the land to be owned by it in - 1 - so 40 such manner that the Government shall have the right to develope the Airport as it sees fit, including the right to determine the exact nature of the improvements to be made under the Project, the manner in which the Project is to be conducted, the amount of federal funds to be expended and all other mAtters relating to the Project. The City of San Luis Obispo will cooperate with the Government to insure prosecution of the Project without interference or hindrance, and agrees to permit the agents and employees of the Government and all persons authorized by the Administrator, to enter upon, use, and occupy the Airport as the Administrator may deem necessary or desir- able in connection with the conduct of the Project. (b) The City of San Luis Obispo, State of California agrees to indemnify and save harmless the Government against and from any and all claims and damages which may arise from or in connection with the carrying out of the Project, excepting claims for materials furnished or work performed pursuant to authority given by officers, employees, or agents of the Government. (c) It is understood and agreed that all improvements made under the Project shall be the sole and absolute property of the County of San Luis Obispo, State of California, except where specifi- cally agreed otherwise, in writing, prior to the undertaking of the improvement or installation in question. (d) Insofar as is within its powers and reasonably possible, the City of San Luis Obispo, State of California will prevent any use of land either within or outside the boundaries of the Airport, includ- ing the construction, erection, alteration, or growth, of any struc- ture or other object thereon, which would be a hazard to the landing, taking -off, or maneuvering of aircraft at the Airport, or otherwise limit its usefulness as an airport. (e) In order to protect the rights and interests of the Government under this resolution, the City of San Luis Obispo, State of California agrees that it will not enter into any transaction which would operate to deprive it of any of the rights and powers - 2 - so so necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency. SECTION 2. That the City of San Luis Obispo, State of California, does hereby warrant and represent to the Government as follows: (a) That the City of San Luis Obispo, State of California has commenced an action in condemnation to secure title in fee simple to a portion of the lands comprising the landing area of the airport, which lands are shown on the maps.attached hereto as part of '-Exhibit y` A; and that an order entitling the aforesaid C City of San Luis Obispo, State of California, to immediate possession of said lands has been made by the Superior Court of the State of California, in and for the County of San Luis Obispo, in which court the said action has been filed, and a copy of said'order is attached hereto, marked Exhibit B. That the said City_of San Luis Obispo, State of California will pro- secute said condemnation action to a conclusion, and in the event that said condemnation action is not carried through, the aforesaid City of San Luis Obispo, State of California will acquire title in fee simple to a portion of said lands comprising the landing area of the airport, and to a portion of the lands to be improved under the Project, as shown on the maps attached hereto as part of Exhibit A,- by some other means; (b) That the City of San Luis Obispo, State of California has the power and authority to adopt this resolution and to perform all of the covenants contained therein; (c) That the City of San Luis Obispo, State of California is financially and practically able to perform all of the covenants contained in this resolution; (d) That there is no pending or threatened litigation or other,legal proceeding;:and no material and relevant fact, which might - 3 - so r4W 1 L-AMIJ adversely affect the prosecution of the Project, the operation of the Airport, or the performance of any of the covenants contained in this resolution, which has not been brought to the attention of the Administrator; (e) That the City Council of the City of San Luis Obispo, State of California has complied with all requirements of law in adopting this resolution. (f) That such of the above representations and warranties as involve questions of law are made upon the advice of the City Attorney of the City of San Luis Obispo, State of California, whose certificate as to such matters has been previously delivered to the City Council of the City of San Luis Obispo and is annexed hereto and made a part hereof, as Exhibit B. SECTION 3. That the Mayor of the City of San Luis Obispo and the City Attorney of said city be and they are authorized to furnish the Administrator such legal and factual information rela- tive to the Airport, the Project, and this resolution as he may reasonable request. SECTION 4. That Sections 1 and 2 of this resolution shall become effective upon the award of any construction contract for any portion of the Project or the inauguration of any portion of the Project under force account, and shall continue in full force and effect during the useful life of the improvements made under the Project. SECTION 5. That two certified copies of this resolution be sent forthwith to the Administrator, through the Regional Manager of Civil Aeronautics. - 4 - a PASSED AND ADOPTED this 4.th. day of MaY , 1942, by the following vote: AYES: W. H. Brazil, R. P. Howell, Ralph C. Kennedy, F. C. Kimball NOES: None ABSENT:_Toseph Leary ATTEST`, City Clerk - 5 - M or so 09 CERTIFICATE OF M.-.A. FITZGERALD, CITY ATTORNEY I, M. A. Fitzgerald; the duly appointed and qualified City Attorney of the City of San Luis Obispo, State of California, having read the proposed resolution heretofore submitted to the City Council of said City by the Administrator.of Civil Aeronautics, the adoption of which is required as a condition precedent to the development of the San Luis Obispo County Airport, do hereby certify: 1. That the City of San Luis Obispo, State of California, has commenced a condemnation action against a portion of the lands comprising the landing area of said airport, which lands are shown on the attached sketch, and that said City of San Luis Obispo ha s been granted an order by the Superior Court of the State of California, in and for the County of San Luis Obispo, in which said Court said con- demnation action was filed, by the terms of which order the City of San Luis Obispo is entitled to immediate possession of said lands, and that said City of San Luis Obispo will prosecute said condemnation action to its conclusion; and in the event title in fee simple to said lands is not obtained in said condemnation action, the said City will obtain title in fee simple to said lands in some other manner. 2. That the City Council of the City of San Luis Obispo has the power to adopt said resolution and to perform all of the covenants and conditions contained therein. 3. That there is no pending or threatened litigation or other legal proceeding which might adversely affect the prosecution of said Project, the operation of said Airport, or the performance of any of the covenants contained in said resolution. rmomsrzz a Wo i ;I- - W iii' .. �� s• A- - 1 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN LUIS OBISPO- 10 CITY OF SAN LUIS OBISPO, a )_ Municipal Corporation, j 11 j 12 - Plaintiff, ) No. - j vs ) ORDER GRANTING PLAINTIFF RIGHT. 13 ) TO TAKE IMMEDIATE POSSESSION-' I. GIUMINI, IVA.L. HOOVER, j 14 TFILum C., HOOVER, DAVID E. j HOOVER, EARL N. THOMSON, JOHN j 15 -DOE, RICHARD ROE, JANE DOE; MARY ROE.and JOHN DOE COMPANY, -16. a. Corporation, and COUNTY OF SAN LUIS OBISPO, j 17 Defendants. j ... ..............................) 18 19 Upon reading the.complaint of plaintiff in the above 20 entitled action, and upon reading and filing the affidavit of- 21 , and'it duly appearing to the satisfaction of 22. this Court from said affidavit and from said complaint, and from., 23 all the papers, records and pleadings.on file, and proceedings had 24 in the above entitled action, that said complaint has been filed 25 and that summons thereon has been issued, and that said action is 26 a proceeding by the City of San Luis Obispo, a municipal corpora - 27 tion, in.eminent domain against the defendants in said proceeding 28 to obtain title to certain real property, hereinafter described, 29 for public purpose, to-wit:-.a public airport. 30 And it appearing from said complaint and said records 31 and papers that said title is required for said public use, and-' 32 that said proceedings have been commenced, in eminent domain, l 1 according to law, in this Court which is a Court of competent 2 jurisdiction over said proceedings. 3 And it further appearing to the satisfaction of this 4 Court that the real.property described in said complaint, and which 5 is sought to be condemed in this proceeding, is owned by the 6 defendants as set forth in said complaint and affidavit, which 7 complaint and affidavit are hereby specially referred to for 8 greater particularity As to.sueh, ownership, and Ahat.the reasonable 9 sum to be deposited. by, plaintiff as -security. ,in. the gray of a coney 10 deposit is.as,-herein.set forth and that said sum is reasonably 11 adequate in amount to secure to the owners of said real property 12 sought to be taken, immediate payment of just compensation for such 13 taking and that damages incident thereto, including damages. sus -: 14 tained by.an adjudication that may be made herein that there-is 15.no necessity for;taking said property or any part thereof, as soon 16 as the same can.be ascertained by law. 17 IT IS THEREFORE, ORDERED that plaintiff deposit with 18 the Clerk of this Court, for deposit with the Treasurer of this - 19 county the suns of Five Thousand -and No /100 Dollars 05,000.001 20 which - said -sum the Court fixes and determines as adequate'to secure 21 to: said owners of said real property sought;to'be taken,' and each 22 and every Interest- therein,- immediate payment of just compensation 23 for such taking and any damages incident thereto, including 24 damages sustained by'•reason of -an adjudication that there is no 25 necessity for taking said real property,:or any part thereof, as 26 soon as the same can be ascertained by law. - 27 IT IS- FURTHER ORDERED that the Clerk of this Court hold 28 said sum deposited by plaintiff on deposit with the County Treas= 29 urer as security to defendants, as above set.- forth. 30 And upon the making of such - payment to the Clerk of this 31 Court by plaintiff, plaintiff may take immediate possession and use 32 of all of the real property described in said complaint and herein- after described. 2 = 1 2 3 4 5II 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 123 24 25 26 27 28 29 30 31 312 0 I The real property which plaintiff is so, permitted to take immediate possession of ib.p4rticularly described in plain.-.- tiffts complaint and is situated--in-the County of San Luis Obispo, State of California and is-- particularly' described as follows -'to—witt . i All of Lot 70.and all that part of Lot 71 of the San Luis Obispo Suburban Tract, County of San Luis Obispo, State of California, as shown on that certain map entitled "Map of the Subdivisions of the San Luis Obispo Suburban Tract"-.Which said sap was -flled'fo-r 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 4t.the-Northwest corner of said Lot'71 and running thence from said: point of commencement South 1320.00 fe ' et along the.-Westerly,line of said lot to the Southwest corner thereof; thence East 209,484' feet .along the Southerly line of said lot to apointi thence North 13-20.00 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'aiid fractional part of Lot 71,containing in the aggregate 26-348 acres of land. Dated this � day of April, 1942• 0 #1 Tudgq 3 i G. t' UBUQBAN ' .ACT I b+� V RESOLUTION NO. 664 (News Series) A RESOLUTION GRANTING AN EASEMENT TO THE UNITED STATES OF AMERICA TO CONSTRUCT WATER PIPE LINES UNDER AND ON CERTAIN REAL PROPERTY OWNED BY THE CITY OF SAN LUIS OBISPO AND PROVIDING FOR THE EXECUTION OF A DEED GRANTING SUCH EAS& ENT BE IT RESOLVED by the City Council of the City of San Luis Obispo that a perpetual easement be granted to the UnJ.ted States of America and /or its assigns to construct, maintain, operate, patrol, reconstruct, repair, remove, replace, increase and /or change the number and /or size of pipes, pipelines, hydrants,,accessories and apppurtenances for the conveyance and distribution of water over, under, along and upon the hereinafter designated roads and property situated. in the County of San Luis Obispo, State of California, more particularly described as follows: PARCEL 1. Being a portion of Lot 9 as said Lot is shown and so designated upon the map accompanying the map attached to the report of the Commissioners in partition in Action entitled "Manuel Serrano et al. vs. Hipolito Serrano et al" filed in the office of the Clerk of the Superior Court of the State of California in and for the County of San Luis Obispo December 19, 1887, bounded and more particularly described as follows: Commencing at Station S -45 of the survey of said Rancho; running thence North 83 degrees, 35 minutes East along the Northerly line of that certain tract of land conveyed by the San Luis Obispo Vvater Company to the City of San Luis Obispo by deed dated February 14, 1900, and recorded in Book 43 of deeds at Page 504, Records of San Luis Obispo County, 149.26 feet; thence South 76 degrees, 15 minutes West 141.98 feet; and thence North 31 degrees, 24 minutes, 30 seconds West 20 feet to the point of commencement. PARCEL 2. All those portions of land in Lots 8 and 9, Rancho Potrero de San Luis Obispo, conveyed to the City of San Luis Obispo by the San Luis Water Company, a Corpora- tion, by deed recorded February 14, 1900, in Book 43 of Deeds at Page 504, Records of San Luis Obispo County, lying and being within the boundaries of a 10 -foot strip of land lying 5 feet on either side of the following described center line: (a) Beginning at a point on the South line of Lot 8 of said Rancho Potrero de San Luis Obispo, distant thereon North 82 degrees, 23 minutes West 9.03 feet from Station S -60 as per Map of Partition of Rancho Potrero de San Luis Obispo hereinbefore referred to; thence North 31 degrees, 15 minutes, 30 seconds East 486.37 feet; thence North 18 degrees, 5 minutes East 722.21,, feet; thence North 27 degrees, 17 minutes, 30 seconds East 122.02 1 feet; thence North 41 degrees, 30 minutes East 232.04 feet. - 1 - (b) Commencing at a point from which Station S -45 of the survey of said Rancho Potrero de San Luis Obispo bears North 31 degrees; 24-minutes, 30 seconds West 15.4.9 feet; thence South..63. degrees, 14 minutes, 30 seconds West 136.7[,. feet; thence South 60 degrees, 16 minutes West 264.27 feet; thence South.57 degrees, 00 minutes, 30 seconds East 196.54 feet; thence South 41 degrees, 23 minutes, 30 seconds West 100.74 feet; thence South 36 degrees, 8 minutes, 30 seconds East 79.16 feet; thence South 22 degrees, 04 minutes West 353.25 feet. AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be and he is.hereby authorized and directed to execute and deliver, for and on behalf of the City of San Luis Obi_spo, . a deed conveying such easement to the United States of America and /or its assigns, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 11th day of May, 1942, by the following vote: AYES: ;J.H•Brazil, R.F.Hwoel] Ralph C.Kennedy, F.C.Kimball NOES: None ABSENT: ATTEST: City Clerk- - 2 - -� 4�T Q.14 i _ 'Mayor GHAfJT DEED A y � In consideration of the sum of OM DOLLAR (^01.00)s. the receipt of rdich is hereby acknculedged, the CITY OF SAID IRIS OSISM* County of San Luis Obispo, State of Californias by and through its City Council doen hereby great to the UIJITIM STATE; OF ACA and/or its assigns, perpetual easements for roads to be used in acumen with others together with perpetual easewats to. constructs maintain, operates patrol, reconstruct, Vii', removas replaces increase and/or change the number and/or size of pipers pipeliaess tWdrantss accessories and apputenaances for the conveyance and distribution of water over, under, along, and upon the hereinafter designated roads and property situated In the County of San Laic Obispo, State of Californiat more particularly described as foll,wrso p _l. Being a portion of Lot 9 as said Lot io sho2m and so designated upon the map accompanying the nap attached to the report-of the Camissioners 3n partition in Action entitled "g nuel Serrano et al. ve. H polito Serrano at alp filed in tha office of the Clark• of the Superior Court of the Stato of California in and for the Country of San Inis Obispo December l9s 1Ms boom=ed and more particularly described.as follows: - Coencing at Station S-45 of the survey of said imncho; running thence forth 83 degrees, .35 minutes Bast along the Cortherly.lino of that certain tract of land conveyed by the San Luis Obispo [later Company to the City of San Luis Obispo by dead dated February 14$ 1900s. and reed in Hook 43 of deeds at Page 504, Records of San Innis Obispo County., 149.26 feet; thence South 76 degrees 15 minutes West UL98 feet; and thence North 31 degrees, 24 minutes, 30 seconds i`ast 20 feet to the point of commencement. pAMSL 2. All those portions of land I&Irato 8 and 9, HAncho Potrero ds San Luis Obispo,' conveyed to the City of San Luis Obispo by the San tixis Gatar Coiipagy, .a Corporation, by deed recorded February 14s 1900s in Boot: 43 of Deeda at Page 304, Records of San Uds Obispo County, lying and being.uithin the boundaries of a 10 -foot :strip of land. IqJM 5 foot on either side of the follas- ing- described center lines (a) Beginning at a point on the South lines of Lot 8 of said rancho Potrero de.San U a Obispo, distant thereon North 82 degreeas..23 minutes Vest 9.03 feet from Station S40 me per tap of Partition of Rancho Potrero de San Luis Obispo hereinbeforo raferrad to; thence North 31 degrsess 15 minutess 30 seconds East 486.37 feet; thence fiorth 18 dogr=# 5 minutes Bast 722.24 feet; thence North 27 degreras 17 minuteas 30 seconds East 122.02 feet; thence Z:orth tit dq;reess 30 minutes Bast 232904 feat. (b) Cc==cing at a point from which Station 3-45 of the survay of said Rancho Potrero do San Idis Obispo bears north 31 dews 24 minutes s 30 seconds ;eat 15.49 feet; thence South 63 degra©a, 14 minutest 30 seconds Uest 136.74 feet; thence South 60 degrees$ 16 minutes .Kest 264.27 feet; thence South 57 degrees$ 00 m'lnutess -1 3o seconds East 196.54 .feet; thence South 41 degrees, 23 mutes, 30 seconds Vest 100.74 feet;- thence Swth 36 degrees, 8 minmtea, 3O seconds East 79.16 feet; thence South 22 degrees, 04 minutes Tiest 353.25 feet; together with the - rights of ingress and egress and the right to use from time to tine strips of land not mcceeding 20 feet in width. an either side of said Parcel 2. for construction and repair purposes, insofar as the lands oY the Grantor-are con- tained therein. M CdIrMSS ',.the CITY OF SAN LUIS ORISPO has; caused its coryorate name to be hereunto subscribed 'by its. officers dWq authorized by resolution of its City Council, and Seal:of.the said City Council to be hereunto affixed -this Ii %i , day of 194Z. CITY. CB' S.ANT IRIS OBIM By " ATTEST: Clerk of the City Council' STATE OF CALIIFMIA t County of San Luis.Obispo. t On this L 1 day of MY., 1942,' bofore mg,• a. Notary Public in and for said Cannty and State, residing thereda; duly coamissioned'and sworn, personally appeared F. C. Kimball, hnoan to cis -to be the dO7 elected and qualified L%yor of the City of San Luis Obispo and J., S. Srown,..knovan to me to be the duly appointed, qualified City Clerk of tho City of San %uis Obispo, she municipal corporation m8ich executed the foregoing instrument and ac sledgad to me that such corporation.,enecuted the same. V UMMS tom, I have hereunto set ay hand and affimd cq official 'awl the -day and, year in this'certificate first above written. Notary Public in and for the County of San Luis Obispo, State of California. —2— Ala-17CX Clr&de7 Iro/. /S - *, 96 PeqAf cf L v RANCH° IN ko I 11 Z- 0,74 -9 t�c J4717 Z4115 Parcel A, W1-1 w s n� GG� 6., a 0 IS ZY 7"- A► w; C k4 ° \t„ , Parc C l Da. QS ?tom /- /!/ 111-7e' ' Z 0 7" .i r I� 4Z, 9 4 f go vo b�f'r% `. � °d �, 4vw,r�' °a °r�i < /�rs...•.s,�,'�'t'r e ,'zrf° ,.err <r � ,C rpr. �; °. . { r �. rs�,✓f �/ qw- z K q, �.. IV' �.. �/ � � � ill � V ♦_ 1 a' V - l , co `gyp k f� HIGH 4 a 9= X 4 AIN Og r In V i r .J �o m o-+ c() M o p afi. p E 9S p I 1 I I p {{ Gc �I I { t Z A a s_ r S�-A � r,:5 r; 0 � -4)C) T i I � (S n C'n op K:z a 9= X 4 AIN Og r In V i r .J �o m o-+ c() M o p afi. p E 9S p I 1 I I i �I I { t i I � 4 iZ �\ \ k, \# {un«riprovfd T 34b' A - - g 9L \ h \ rn tT i I a n p . O L' RESOLUTION N0, 669 (Neva Series) A RESOLUTION ACCEPTING THE OFFER OF F. C. STOL_TE COMPANY TO MAKE CERTAIN CHANGES AND ADDITIONS IN CONNECTION 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 further changes have become necessary as follows: 1. Installing one pipe support and two anchors for the 24 inch corrugated metal pipe in the chlorination chamber. 2. Installing a three horse power motor instead of a five horse power motor specified for the sludge pump. AND WHEREAS, F. C. Stolte Company, the contractor to whom said contract was awarded, has offered to install said pipe support and two anchors for the sum of $107.86 and has offered to install the three horse power motor instead of a five horsepower motor at a de- ✓creased;'_cost of $16.38, making a net increased cost of The following is a -schedule of costs showing such changes:. .Latest App. -This To Classification- Estivate-, __From Change Preliminary 300 300.00 $ 300.00 Land & right =of =way Constr. - Budget 1,983.15 11891.67 Award 1331700 1312716.85 +91.48 1319808.33 Engineering 7,700 7,700.00 7,700.00 Legal Interest Miscellaneous 300 300.00 _ 300.00 $ 1429000 $ 1429000.00 $ 142,000.00 - 1 - AND WHEREAS, such changes are proper and necessary, having been approved by the City Engineer of the City of San Luis Obispo and said prices being fair and reasonable. 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.. 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 8th day of June, 1942, by the following vote: AYES: titi.r1. Brazil ,R.P.Hovvell, Ralph C_.Kennedy, F.C,.Kimball_, Jose oh. Lee NOES: N ors ABSENT: None. ant �►� is •. 2 - �e RESOLUTION NO. 670 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF A LEASE BETWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTY OF SAN LUIS OBISPO 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 lease dated the 8th day of June; 1942, by and between said city and the County of San Luis Obispo, by the terms of which lease there is let and demised to the County of San Luis Obispo Lot 70 and part of Lot 71 of the San Luis Obispo Suburban Tract, being the real property now being condemned by the City of San Luis Obispo in an action filed in the Superior Court, for the term of twenty -five (25) years at the annual rental of $1.00. AND BE IT FURTHER.RESOLVED that the Mayor of the City of San Luis Obispo be, and he is hereby authorized to execute said lease for and on behalf of said city, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 8th day of June, 1942,, by the following vote: AYES: W.H.Brazil,R.F. Howell, Ralph, C. Kennedy ,F.C.Kimball,Tos eph Leary NOES: None ABSENT: None i Mayor ATTEST: City Cler 0 r THIS AGRERM T.made and entered into this 8th day of dune, 1942, by and between the CITY"OF SAN LUIS OBISPO, a municipal corpora- tion of the State of California, party of the first part and the COUNTY OF IBIS OBISPO,, one of the counties of the State of Calif- ornia, party of'the second part, WI.T'I� EBB FTH That said party of the first part does hereby lease and demise unto party of the second part that certain..real'.property, situated in the County of San Luis Obispo, State of California, and described as - follows, to -grit: ....... All of Lot 70 and all that part of Lot 71 of the San Luis Obispo Suburban Tract, County of San Luis Obispo, State of California, as shown on that certain map entitled "Map of the Subdivisions-of-the San Luis,Obispo Suburban Tract" which said reap was filed for record February 7, 1906 in the office' of the County Recorder of .sai.d County in Book 1 of Records of Surveys at Page 92, all that part of Lot 71 . being more_partieularly'_ described...as follows, to -vgit: Commencing at the northwest corner of said :Lot. 71 and running thence from said point -of commencement South 1320,00. feet along the Westerly line of laid lot to the Southwest corner thereof; thence East 209.484 feet along the Southerly line of said lot to a point; thence Forth 1320.00 feet across said lot to a point on the Northerly line thereof; thence Test 209.484 feet along the Northerly line of said lot to the point of conencement. Said'Lot 70 and fractional.pnrt of Lot 71 containing in the aggregate 26.348 acres of land, The terms of this lease shall be for. twenty -five (25) years commencing on end next ensuing the first day of June, 1942. In consideration whereof party of the second part agrees. to pay to party of the first part.as rental for the use of said real property the sum of One'and No /100 Dollars (01.00) per year, all of which rental shall be due and payable upon the execution of this. lease, and party of the first part hereby acknowledges receipt by it .of the entire rental due under the terms of this lease,' to -vita Twenty -five and No /100 Dollars ($25.00). f. _ 1 .. r r Said real property shall be used for the purpose of the establishment and maintenance thereon, together with.othe-a- property, of an airport either by party of the second part, or by the Civil Aeronautics Administration, or by the United States of America, or by such other Tenant or assignee . of this ?ease as party of the second part may determine, The right to sublet said real property or to assign this lease is hereby specifically granted to party of the second part.`. Any airport that may be established-on said real property shall be sponsored by party of the second'part and party oi,the first part waived any tight 'that it "may have to, sponsor such airport. Party of the first . part also waives, any -right that 'it may have to control or administer any airport on said property, or to establish any rules or regulations pertaining thereto, and does hereby grant to party of the second part full and complete authority to control and administer any such airport. Party of the second part agrees to hold party of the'fIrst- part free and clear of .and from any end all damages or claims for damages, either to person or property, by reason -of the establishment on said property of an.airport, or by reason of the maintenance-or operation of an airport thereon, including all damages to surrounding property, and eny and ail. damages, either to person or property caused by the taking off.or landing of any airplane or by the.operation of.. any airplane proceeding to or leaving said real property, The said party of the first part does hereby covenant end agree that party of the second part, paying the said rent and perform- ing the covenants and agreements herein contained, shall and may at all times during the full term of this lease, peaceably and quietly have, hold and enjoy the said real property. 2 r r .. IN FITNESS WHEREOF, said party of the first part has caused this agreement to be executed by its proper officers thereunto duly authorized by resolution of the City Council of the City of San Luis Obispo, and party of the second part has calmed this agreement to be executed by its proper officers -thereunto duly authorized by resolution of the Hoard of Supervisors of the County of San Luis Obispo, CITY OF SAI1i LUIS OBISrPO Mayor ATTEST: CRY Clerk COURTY OF SAN LUIS OHISPO By Chairman o b- oard_of Supervisors ATTEST: oun Y Clerk -3- RESOLUTION N0. 671 (New Series) A RESOLUTIONAORDERING THE VACATION OF A PORTION OF HIGH STREET f WHEREAS, the City Council of the City of San Luis Obispo did on_the-1-st day of June, 1942 pass its Resolution of Intention No. X68- (New Series.) to order the vacation of a portion of -High• Street., hereinafter described, which Resolution of Intention was \ duly published as required by law, as appears from the affidavit now on file in the office of the City Clerk of said city; and WHEREAS, notices of the passage of said Resolution of Intention No. 668 (New ''eries) headed "Notice of Street Vacation" were duly and regularly posted along the line of the street proposed to be vacated, in the form and manner as required by law, after the passage of said Resolution of Intention, as appears by the affidavit of Leonard Lenger who personally- posted the same, which affidavit is now on file in the office of the City Clerk of said city; and WHEREAS, no protests, either oral or written, were filed or presented either before or at the time fixed for the hearing; and WHEREAS, at said hearing evidence was submitted that said portion -of High Street,,,rs unnecessary for present or prospective pub- lie street purposes. NOW THEREFORE, BE IT RESOLVED by the Cityy'Couneil of the City of San Luis Obispo as follows: �--A 1. That said portion"of High Street is hereby found to be unnecessary for present or prospective public street purposes. 2. That said portionr =of High Street egbe and the same is hereby ordered vacated. 3. That the City Clerk be and he is hereby instructed to cause a certified copy of this order to be recorded in the office of the County Recorder of the County of San Luis Obispo. The portion )Oof High_Street•, hereby vacated, is located within the City of San Luis Obispo, and is described a's follows, to- wit: All that portion of High,Street, situate,, lying and being in the City of San Luis Obispo, County of San Luis - Obispo, State of-California, more particularly described as follows, to -wit: Commencing at the point of intersection of the Northerly line of High Street with the Westerly line of Rachel Street; thence Westerly along said Northerly line of -High Street 471 feet, more or less, to the Southwest - erly right of way line of the Southern Pacific Railroad Company; thence Southeasterly along the prolongation of said Southwesterly right of way line to a point on the Southerly line of High Street; thence Easterly along said Southerly line of High Street 446 feet, more or less, to the Westerly line of Rachel Street; thence Northerly along said Westerly line of Rachel Street, crossing High Street, to the point of beginning.. PASSED AND.ADOPTED this _22nd day of June; 1942 by the following vote: l AYES :uV.H.$razil,R.i.Ho -;ell,Ralph U.Kennedy,F.C.Kimball,Joseph Leary NOES: None- ABSENT: None ATTEST. City Clerk - 2 - e STATE OF CALIFORNIA } SS - County of San Luis Obispo j Leonard_;L:enger" -' being first duly sworn, deposes and says: That on the.lst day of Tune-,-1942, the City Council of San Luis Obispo passed and adopted its Resolution"of Intention No. 668 (New Series) to -order the vacation of.that• portion of -Hig i Street between -the Westerly- -line of Rachel- -Street .arid tfie` Sotithwesterly right of'way line of the Southern-Pacific Railroad — That after the adoption of said Resolution of Intention, he p r. posted conspicuously along the line°of the streete- proposed to be vacated, as described in said Resolution of Intention, notices of the passage of said Resolution of Intention and of the time and place of hearing; -a- -copy of said notices so posted being _annexed.hereto.and made a.-part hereof.. - That he personally posted said notices by fastening them with tacks to posts at an elevation of about four (4).feet from the ground so=that.they would attract the attention of passers by and be easily readible. That all of said,notices were,-posted not -more than five L hundred (500) feet in distance apart and that not less than three (3) of said notices were posted along the line of the street -`pro- posed to be vacated. q al That all of said posting was completed on the / day of June., 1942• Subscribed and sworn to before m -this day 'of 4une; 194-2'• / t '_ .. i e 1 E ... ft V2 1 E ... ft f NOTICE OF STREET VACATION 1 NOTICE IS HERESY GIVEN that the City Council of the City of San Luis Obispo on the 1st day of June, 1912, passed and adopted its Resolution of Intention No: 668 (Neer Series), to order the vacation of that portion of High Street between the Westerly line, of Rachel Street and the Southwesterly right of way line of the Southern Pacific Railroad Company. Reference is hereby made to said Resolution of Intention and to a map or plan on file in the office of the City Clerk of the City of San Luis Obispo, entitled "Southern Pacific Company Pacific Lines, San Luis Obispo Proposed Closing of High St. Closing", for further particulars as to the proposed vacation of said portion of High Street, NOTICE IS HERE$ GIVEN that Monday the 22nd day of June; 194-2, at the hour of 7:30 o'clock P.P;�. and at the council chambers of the City Council of said city, in the City Hall, have been fixed as the time and place for hearing all persons interested in or objecting to the proposed vacation of said portion of High Street. Hated this r3 d -day of June, 1942. Kenneth Beck Street Superintendent of the City o San Luis Obispo_ r RESOLUTION NO. 672 (New Series) A RESOLUTION DECLARING A.PORTION OF UPHAM 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, 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 a portion of Upham Street to be.and constitute a boulevard. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Upham Street from the Westerly line of Morro Street to.the Easterly line of Garden Street be and the same is hereby declared to be a boulevard for the purpose mentioned in Section 24 of said Ordinance No. 122 (New Series). ''PASSED AND.ADOPTED this 22nd day of June, 1942, by the following vote: Aye: W.H. Brazil_, R.F.Howe11 Ralpb C.Kennedy,F.C.Kimb,alljoseph Leary NOES: None ABSENT: None ff Mayor a RESOLUTION NO.673 (New - Series) A RESOLUTION FIXING THE SALARY TO BE PAID TO MEM- BERS OF THE POLICE DEPARTMENT. BE IT RESOLVED by,, he Council of the City of San Luis Obispo as follows: That from and after the 15th day of dune, 1942, 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 a follows: (The Chief of Police, the sum of $215.00 per month. The Captain of Police, the sum of $185.00 per month. D� The several policemen, salaries dependent on the length of their employment, as follows:= The sum of $150.00 per month for and during the first six months of employment. The sum of $157.50 per month for and during the second six months of employment. The sum of $165.00 per month for and during the second year of employment. The sum of $175.00 per month after two years of continuous employment in the Police Department. Such salary shall be full 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 or temporary basis shall not be entitled to the salaries herein provided. - 1 - 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 peace officers or policemen, either by the City of San Luis Obispo, or, at the discretion of the City Council, by some other Police Department or law enforcement agency. 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 Captain of Police and policemen of the Police Department, are hereby revoked. PASSED AND ADOPTED this 22nd day of June, 1942, by the following vote: AYES: W.R.Brazil,R.P.Howell,Ralph C.Kennedy,F.C.Kimball,Joseph Leary NOES: None "SENT: None u_•. - ATTEST.• City Clerk Presented to and approved by me this day of June, 1942. Mayor 2 - RESOLUTION N0. 674 (New Series) A RESOLUTION FIXING THE SALARIES AND COMPENSATION TO BE PAID TO MEMBERS OF THE FIRE DEPARTM1ENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That from and after the 15th day of June, 1942, 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- ment, salaries and compensation as follows: The Chief of the Fire Department, a monthly salary of $175.00 from the Department'of Public Health and Safety, a monthly salary of $40.00 from the Department of Public Works, and a monthly salary of $25.00 from the Water Department. The Assistant Chief of the Fire Department, a monthly salary of $180.00. 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 $150.00 per month for and during the first six months of employment. The sum of $157.50 per month for and during the second six months of employment. The sum of $165.00 per month for and during the second year of employment. The sum of $170.00 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. - 1 - N 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 firemen, either by the City of San Luis Obispo, or, at the discretion of the City Council, by some other organized fire department. Firemen performing relief duty on a full.time basis but for temporary periods only, at the rate of X150.00 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: 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 500 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 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.M. and.6:00 o'clock A.M. of the following day.. No.petson assisting in or volunteering his services in fighting fires shall be entitled to compensation unless such person is listed on the folls 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. - 2 - PASSED AND ADOPTED this 22nd day of dune, 1942, by the following vote: AYES: s ^7.H.Brazil.R.r.Bovwell,Ralph C.Kennedy,F.C.: 'Cimball,:nseph Leary NOES: None ABSENT: None Mayor AT7 -3- RESOLUTION No. 675 _ (New Series) A RESOLUTION WITHDRAWING APPLICATION FILED WITH THE DIVISION OF WATER RESOURCES RELATING TO THE APPROPRIATION OF WATER FROM AN UNNAMED SPRING. WHEREAS, pursuant to the authorization contained in Resolution No. 632 (New Series), passed and adopted by the City Council of the City of San Luis Obispo on November 3, 1941, an application was filed with the Division of Water Resiurces -of the State of California for the appropriation of water from an unnamed spring, tributary to Steiner Creek, which application was numbered 10,322. AND WHEREAS, a similar application was filed by the United States of America, but has now been withdrawn, leaving the City of San Luis Obispo as the sole applicant. AND WHEREAS an investigation in reference to such application has been made by the Division of Water Resources, and it appears that there is no further need for the City of San Luis Obispo to prosecute its application and that the same should be withdrawn. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that said application be and the same is hereby withdrawn, and that a certified copy of this Resolution be forwarded to the Division of Water Resources of the State of California. PASSED AND ADOPTED this6th. Day of July, 1942, by the following vote: AYES: W H Brazil. R.F.Hoviell,Ralph C. Kennedy, F. C. Kimball, Joseph Leary NOES • None ABSENT: None ATTEST. Mayor City Clerk I RESOLUTION No. 676 (New Series) A RESOLUTION GRANTING AN EXTENSION OF TIME TO F. C. STOLTE CO. IN CONNECTION WITH ITS CONTRACT FOR ENLARGIIIE14TS AND IN11'R.OVEIvIENTS TO THE SEWAGE DISPOSAL PLANT, AND WAIVING ANY CLAIM FOR LIQUIDATED DAMAGES. WHEREAS, the United States of P.merica 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, such project being known as Docket No. Calif. 4 -144. AND WHEREAS, such federal assistance was accepted by the City of San Luis Obispo, and thereafter a contract was awarded to F. C. Stolte Company. AND WHEREAS said F. C. Stolte Company entered upon the performance of said contract and has diligently prosecuted the same, but has been unable to complete said contract within the time allowed for the completion thereof. AND WHEREAS, said contract has not been completed due to the fact that the contractor has been unable to obtain certain mechanical equipment necessary for the completion of the contract, under the priority rating of A -4 which was 41lotted to the project. AND WHEREAS, efforts have been and are now being made to secure a higher priority rating and it is felt that such higher rating will be granted and that the contractor will then be able to secure the necessary mechanical equipment with which to complete its contract. F AND WEEREAS, the City Council of the City of San Luis Obispo feels that said F. C. Stolte Company, as contractor; should be granted an additional one hundred calendar days within which to complete its contract, and that, due to all of the circumstances- involved, the contractor should not be required to pay any liquidated damages r t as specified in the contract and contract documents. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: 1. That F. C. Stolte Company, as contractor, be and it is hereby granted an additional one hundred calendar days within which to complete said contract. 2. That the City'of San Luis Obispo waives its claim for any damages that may arise or be suffered by said City by reason of the inability of said contractor to complete said contract within the time allowed, or by reason of the extension of time granted by this resolution. 3. That the Regional Engineer, Federal Works Agency, Office of Chief Engineer, Region go. 6, be requested to record the change made by this resolution and to.issue a memorandum showing such change. PASSED AND ADOPTED this 30th. day of July, 1942, by the following vote: AYES: W.H. Brazil, R.P. Howell, Ral.oh C. Kennedy- F.C,Kimball,Joseph Leary NOES: . None ABSENT: None ATTEST: ~, -City Cler C �7 , RESOLUTION NO. 677 r .J (New Series) A RESOLUTION FIXING THE SALARIE'S AND COMPENSATION TO BE PAID TO ME01BERS OF THE FIRE DEPAMJiENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That from and after the 1st day of August, 1942, and until the further order of the City Council, there shall be allowed and ., paid to the several regular and volunteer mem.bers.of the Fire Depart - S ' v ment, salaries and compensation as follows: k 1� The Chief of the Fire Department, a monthly salary of Sys . ~215.00 from the Department of Public Health and Safety. L�ir�9y� The Assistant Chief of the Fire Department,a monthly salary of $135.00. 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 $150.00 per month for and. during the first six months of employment. The sum of $157.50 per month for and during the second six months of employment. The sum of $165.00 per month for and during the second year / of employment. The sum of $175.00 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. -1- 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, firemen, either by'the City of San Luis Obispo, or, at the discretion of the City Council, by some other organized fire department: Firemen performing relief duty on a full time basis but for temporary periods only, at the rate of x:150.00 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. 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 51.00 for the first one -half hour; and the sum of 90d 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. 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." -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. -2- The increase in salary to be paid to members of the Fire Department, as provided in this resolution, is granted due to the increased growth of the City and to provide a more capable and efi'icient Fire Department; and with the provisions that all regular and full time members of the Fire Department provide themselves with a proper and distinctive uniform. 'PASSED AND ADOPTED THIS .3rd. day of August,•1942.,,by the following vote: AYES: W.H.Brazil.R.P- .Howell, Ralph C. 4en4edy, F.C.Kimball,Joseph Leary NOES: None ABSENT: None . ATTEST: City Clerk -3- `Belay RESOLUTION No. 678 (New Series.) A RESOLUTION REQUESTING COUNTY RORAD DISTRICT No. 3 TO SELL CERTAIN PIPE TO BE INSTALLED IN THE CITY WATER SYSTEM.- WHEREAS, the Federal Works Agency heretofore awarded a contract to F. C. Siolte Co. for the construction of certain water mains in the City of San Luis Obispo, such mains to be constructed for the purpose of providing a proper water supply to the residents of said City. AND WHEREAS, in the construction of said water mains, it has become necessary for the contractor to obtain and install sixty two feet of 36 inch corrugated iron pipe, and due to war conditions, it is impossible for such contractor to obtain such pipe from -the usual soVrce of supply. AND WHEREAS, efforts have been made by such contractor, by the Federal Works Agency and by the City of San Luis Obispo to obtain such pipe on the market, but without success. AND WHEREAS, County Road District No. 3 has on hand the required pipe. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, that Mr. Richard L. Willett, County Super- visor of such District be, and he is hereby urgently requested to sell such pipe to the contractor. This request is made due to the urgency of the circumstances and of the necessity to the City of San Luis Obispo and its residents that such water mains be completed and put into use at as early date as possible. PASSED AND ADOPTED this 6th. day of August, 1942, by the following vote: AYES: W.H.Brazil,R.k.Howell,Ralph C.Kennedy,F.C,Kimball,doseph Leary NOES: None ABSENT: None ATTEST: Mayor City Clerk RESOLUTION No. 679 (New Series) A RESOLUTION FIXING THE SALARY OF THE CITY MECHANIC. WHEREAS, the City Council has employed a mechanic to take a care of, service and repair all automotive and mechanical equipment owned or operated by the City ( other than equipment belonging to the Fire Department ), together with such other duties as may be required of said mechanic by the City Council ot" by the Commissioner of Public Works, and desires to fix the salary to be paid to such mechanic. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that, umtil the further order of the City Council, there shall be allowed and paid to said City Mechanic a salary of ro 200.00 per month. Said salary shall be paid from the Water Fund and shall be full compensation for all services performed by or required of said City Mechanic. PASSED AND ADOPTED this 10th. day of August, 1942, by the following vote: AYES :.W.H. Brazil, R.P. Howell, Ralph C. nennedy NOES: None ABSENT: F.C.Kimball, Joseph Leary V� WINE Mayor Pro Tem ATTEST: 3� City Clerk RESOLUTION N0. 680 (New Series) A RESOLUTION FROYIDING FOR THE EXECUTION OF AN AGREEMENT BETS'dLFNT THE CITY OF S1�_N LUIS OBISPO AND LUIPPOLD EN i GINEERI G SALES COMPANY RELATING TO THE PURCrea.SE OF LIQUID CHLORINE. 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 certmin agreement dated August 17; 1942, by and between said City and Luippold.Engineering Sales Company relating to the purchase of liquid chlorine. 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 17th day of August, 1942, by the following vote: AYES: ltf.H.Brazil,R.r.Howell, Ralph u. Kennedy, Joseph Leary NOES: None ABSEIL': F.C.Kimball v_ Zmayoe" .4 EST,: LUIPPOLD ENGINEERING SALES _CO. WATER WORKS - INDUSTRIAL - SANITATION 1930 WEST OLYMPIC BOULEVARD CHLORINATORS LOS ANGELES, CALIF. VALVES AMMONIATORS DREXEL 3351 ` FLOW METERS SWIMMING POOL EQUIPMENT GEARS B REDUCERS SEWAGE TREATMENT EQUIPMENT p CHEMICAL FEEOERS WATER PURIFICATION EQUIPMENT August 4, 1942 RATE CONTROLLERS Mr. Leonard Lenger Assistant City Engr: 742 Pismo Street San Luis Obispo, Calif. Re: Chlorine Gas for Sewage Treatment. Dear. Sir: We have received your letter of July 31st requesting contract form and other information regarding chlorine gas for use in sewage treatment. We are enclosing herewith triplicate copies of the two contract forms, one for the ton tanks and the other form for the smaller cylinders. These forms give.you complete information. All three copies of the contract form should be signed and returned to us. We them forward these copies to the main office of the Dow Chemical Company for approval, and they return two copies to us, one for our file and one to be returned to you for your file. The contract form in triplicate for the purchase of 100 -1b:., or 150 -1b size cylinders would be the size cylinders which you will without doubt use in chlorinating the water at the outlet of the new reservoir now under construction. It is my recollection that you may also use ammonia at this location, and if so you may wish us to mail you the contract form used for the.purchase.of ammonia. Please- advise regarding this. With reference to the question of Priorities and delivery of the gas, we are pleased to advise you that it will not be necessary for you to submit any ]Priority form for making applicationfor chlorine when the material is being used either for water treatment or sewage treatment. It is simply necessary fo you to place the following certification on your purchase order: uIt is hereby certified-by the undersigned that the products containing ohloriae ordered hereon'will, upon delivery, be used e==w=dzi only for potable water treatment or for sewage treatment, and will act exceed an estimated 60 day supply for such purpose.. Signed: City of San Luis Obispo. By: Allocation Symbol: 12910 -_ .•lam �1 Mr. Leonard Lenger -2- 8 -4-42: You will -.note that the price of the chlorine gas in 2,000 -1b: containers is four cents per pound, f.o.b. Los Angeles. The cost of shippkng a full container from Los Angeles to San Luis Obispo -is $21.60; the charge for returning the empty container depends on the exact weigght of the container, but ordinarily it costs between $4.50 and $5.00. We can, if required, make delivery of the material within a couple days after receipt of order, but because of the great demand for truck facilities at this time, we appreciate receiving notice of required delivery at least 4 or 5 days in advance. We have this same type of contract with many municipalities in 4a.liforaia, and also deliver chlorine gas to a large number of army and navy camps. Hoping that we may have the opportunity to serve you, we remain very truly yours, LU PO NGINEERIHG BALES CO. t G. T. Lui , ld GTL:LL Manager. PS: You will note that the contract for furnishing 2,000# size cylinders states that these cylinders are to be returned to the warehouse in Los Angeles via charges prepaid, and that the smaller size cylinders are to be returned charges collect. Customers are charged for returning the empty 29000# size cylinders but are not charged for returning the empty 100# and 160# size cylinders. Most municipalities with whom we have contracts prefer to have us prepay the freight charges and include these charges on the invoice for the mater 1. we would be glad to invoice you also in this r 1f the City so desires. , G. T. Lui prbld • r RESOLUTION No. �� (New Series) A RESOLUTION APPOINTING HAROLD B. LEE AS INSPECTOR IN: - CONNECTION WITH.-THE CONSTRUCTION OF THE SEWAGE,DISPOSAL PLANT. J� WHEREAS, I. T.,Boyd was heretofore employed as inspector in connection with-the enlargements and.improvements to the sewage disposal.plaut of the City of San Luis Obispo, being Defense Public Works Project,'Docket.Calif. 4 -144. AND WHEREAS, the employment of said I. T. Boyd was terminated on August.29, 1942. NOW THEREFORE, BE IT RESOLVED by the.City Council of the City of San Luis Obispo that Harold B. Lee, be, and he is hereby appointed and employed as. inspector of said project, at. a salary of $6.00 per day, said.salary to commence as of the 5th. day.of September,, 1942.- Said inspector shall .perform .his duties under the supervision of Kenneth Beck, Engineer for said.project. PASSED AND ADOPTED this 14th. day of September, 1942, by the following vote: AYES: IN. H. Brazil ,R.P. Howell, Ralph C.Kennedv.F.C.Kimball- LToseoh Lary NOES: None ABSENT: None Bray r ATTEST: l_ - -- ity Clerk M h RESOLUTION No. 682 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN.AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE UNITED STATES OF AMERICA' RELATING TO THE OPERATION OF A WATERWORKS SYSTEM 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 entitled, "Interim Agreement Granting Temporary Permission To.Operate War Public Works ( Docket No. 4-151 ) ",. dated November 2, 1942, by and between the United States of America and the City of San Luis Obispo, relating to the.operation by the City of San Luis Obispo of`a waterworks.system, more fully described in said agreement. 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 the City of San Luis Obispo, which execution shall be attested by the City Clerk, Wlio. shall. affixthereto the - corporate seal of the City of San Luis Obispo. PASSED AND ADOPTED this 2nd day of November, 1942, by the .following vote: AYES: :'T.H.Brazil,R.P.Hovuell, Ralph C.Kennedv, F.C.Kimball NOES: Joseph Leary ABSENT. None Mayor ATTEST: City Clerk RESOLUTION No. 683 (New Series) A RESOLUTION.FIXING THE SALARY TO BE PAID. TO THE CIVILIAN DEFENSE DIRECTOR BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: That from.and after the 15th. day of .December, 1942, and until the further order of the City Council, there shall be allo,.wed and pad'to the.Civilian Defense Director appointed pursuant to the provisions of Ordinance No. 245 (New Series), a monthly salary of $ 90.00 Such salary shall be.full compensation for all services performed by or required'of said Civilian Defense Director :by law or ordinance, or by order of the City Council. PASSED AND .ADOPTED.._this 14th. day of December, 1942, by the following vote: AYES q.•H..Bra_zil,R.P.Hovjell, ,Ra_lph _,C. Kennedy- ,F.P.Kimball, Joseph .Leary - NOES: None ABSENT: Ncne Mayor - ATTEST: 6117� City Cldft RESOLUTION No: 684 (New Series) A RESOLUTION PROVIDING FOR THE ADDdINISTRATION OF THE VICTORY TAX DEDUCTIONS. WHEREAS, the Revenue -Act of 1942 imposes a levy of 5% on the gross income, defined as the victory tag net income, of every individual, which is required to be collected at the source by employers; WHEREAS, municipal employees are subject to the tax and municipalities are made witholding agents and required to withold such tax and to return and pay over the proceeds thereof to the Federal Government; WHEREAS, the tax attaches to all wages paid as income after January 1., 1943$ regardless.of when they.are earned; WHEREAS, deductions, at the option of the employer., may be computed on the amount actually paidat -any payroll period or upon the basis of wage brackets witholdings sett,forth 'in the Act,- Section 466 (c) (1) for any payroll period. NOW THEREFORE.-BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: That, beginning with the first payroll after January 1, 1943, the City Clerk is hereby authorized and directed to deduct and withold from the wages or salary paid to each officer or employee of the City, the Victory Tax in such an amount as -is required by the Revenue Act of 1942, based on 5% of the amount actually paid at,any payroll period, on every payroll,less the allowable deduction. The City Clerk, at the time of making up the payroll or immediately thereafter, shall transfer the monies deducted therefrom under the provisions of this resolution to the "Victory Tax Account ", which account is hereby created. The monies accumulated from such witholdings during each quarter of the calendar year shall be paid by the City Clerk to the United States Collector of Internal Revenue for the District in which this City is located on or before the last day of the month following the close of any such quarter. -1 On or before January 31 of each year subsequent to 1943, or when the last payment of wages is made., if employment is terminated before the close -of the calendar year, the City Clerk shall furnish to each employee with respect to his employment during the calendar year, a written statement showing the wages for the period covered and the amount of the tax witheld and paid in respect to such wages. A copy of this statement for every employee shall be included with the final return for the calendar year to the Collector-of Internal Revenue. The aforesaid officer shall keep such records and.make such reports to the Bureau of Internal - Revenue of wages paid and -the.tax collected and paid with respect thereto as thaf Bureau may. require and prescribe. The taxes to be witheld and collected under this resolution shall not apply to any taxable year .commeneing,_after the date of cessation of hostilities in the present war and.the account established for the receiving of the.tax funds hereunder shall be closed with the last payment to the Federal Government of the funds witheld. The operation of this resolution shall terminate at that time or sooner if the Victory Tat is terminated by Federal action prior to that time. INTRODUCED AND ADOPTED this 4th, day of January, 1943, by the following vote: AYES: !A.H.Brazil,R.P.Ho-roell,Ralph C.gennedy,F.C.Kimball,Joseph Leary NOES: None None ABSEkT: ATTEST: City C1\ 0k r Mayor 00 RESOLUTION No. 685 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND GOLDTREE INVEST1dENT COMPANY. BE IT RESOLVED by the Council of-the City of. San Luis Obispo that -the City of San Luis Obispo enter into that certain agreement dated February 1, 1943, by and between said City and the Goldtree Investment Company, and relating to an extension of tine during which refunds shall be made in connection with the previous agreement between said parties, dated Zu_k1 2nd ,1941.. 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 1st. day of:February, 1943, by the.following vote: AYES: W.H.Brazil;R.P.Howell,Ralph C. Kennedy,F.C.Kimball, Joseph Leary NOES: None ABSENT: None ATTEST Mayor - - w RESOLUTION NO. 686 (New Series) A.RESOLUTION AUTHORIZING FIND DIRECTING THE PUR- CHASE OF UNITED STATES WAR BONDS. WHEREAS, the United States of America is now at war with Japan, Germany and Italy, which war is being financed to a large extent by the sale by United States Treasury Department of United States War Bonds. AND WHEREAS, the City of San Luis'Obispo did heretofore have on deposit with banks certain funds deposited in inactive accounts, which paid interest tt a small rate. AND WHEREAS, the City has been notified that interest will no longer be paid on such inactive deposits. AND WHEREAS, the City Council of the City of San Luis Obispo deems it wise and expedient, both in the interest of the City and as-an aid in the prosecution of, such war, . to invest temporarily the sum of $29,600.00 (cost price) in,such United States War.Bonds, NOW THEREFORE, BE IT RESOLVED by.the.City Council of the City of San Luis ",Obispo that the City C lerk be and he is hereby. directed to draw a warrant payable to the.Treasurer of the United States or to the Federal.Reserve Bank of San Francisco, in -the sum of $29,600.00 which warrant shall be delivered to the City Treasurer; and the City Treasurer is directed to use such warrant in the purchase of four 910;000.00 (matured value) United States War Bonds, Series "F ". -1- Said bonds shall be registered in the name of the City of San Luis.Obispo, a Municipal Corporation. The -City Treasurer shall be charged with the cost price of said bonds and he shall be respon= sible for the safe keeping thereof. PASSED AND ADOPTED this lst, day of February, 1943. -by the following vote: AYES: W.H. Brazil,R-.P.aowell -, Ralph- .C._ Kennedy - F.C.Kimball, Joseph Leary NOES: None ABSENT: None I Mayor ATTEST:.- 'City Clerk _. i I I RESOLUTION NO. 687 (New Series) . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO PROPOSING TWO AMENDMENTS TO THE CHARTER OF THE CITY OF SAN LUIS OBISPO AND PRO= VIDING FOR THE SUBMISSION OF SUCH'AMENDNIENTS TO THE QUALIFIED ELECTORS OF SAID CITY FOR ADOPTION AND RATIFICATION AT THE GENERAL MUNICIPAL ELEC TION TO BE HELD ON THE 5th DAY OF RPRIL, 1943. BE IT RESOLVED by the City Council of the..City of San Luis % Obispo as follows: That there shall,be submitted to the qualified electors of the City of San Luis Obispo, California, at the next general election.,J of said city to be held on`'the 5th day of April, 1943, the following`''". . two (2) proposals for the amendment of the charter of said ci,., to -Wit: That Section 15 of Article III of the charter of the . City. of :San Luis Obispo -be amended so that the same shall be and read as follows: Sec. 15 SALARIES-. The mayor shall receive an annual salary of six hundred dollars, payable in equal monthly installments. Each councilman shall receive an annual salary of five hundred dollars, payable in equal monthly installments. The city council: shall regulate the compensation . of the city clerk and shall regulate the number, method of appointment.,.terms of office or employment, and compensation of any deputy or assistant city clerk and all.employees in the office of the city clerk. Each school director shall receive two and one - half dollars for each regular meeting of the board of education which he shall attend, provided that he shall not receive more than ten dollars in any one month. The provisions of this section in reference to the compensation of the city clerk shall apply to the p7erson elected as city clerk at the election at which this amended section is- adopted. -1- That Section 52 of Article'IX of the charter of the City of San Luis Obispo be amended.so that the -same'shall be and read as follows: Sec. 52 BOARD OF EQUALIZATION. The Council shall meet at their usual place of holding meetings on the first Monday in July of each year, at ten o'clock in the forenoon of said day.-and sit as a board of equalization, and shall continue in session for that purpose, from time to time, until the business of equalization is disposed of, but not later than the third Monday in July. That the City Clerk be and he is hereby directed to publish this resolution, together with the,•ayes and noes, in the.Telegram- Tribune, a daily newspaper printed, published and circulated in said city, and in The Independent, a weekly newspaper printed, published and circulated in said city, in the manner and form and for the time required by the provisions of the Consititution of the•State of California, and to do and perform all other acts in connection with said notice as may be required by said'consititution. . INTRODUCED AND ADOPTED this 15th day. of February, 19.43, by the following vote: AYES:_Vj.H.Brazil,R,P.Howe11; Ralph C.Kennedy,F.C.Kimball NOES: Joseph Leary ABSENT: None • mo, ATTEST Presented to and approved by me this -`_15t'h day of .February, 1943• Mayor RESOLUTION NO. 688 (New Series) A.RESOLUTION SULw.ITTING TO THE QUALIFIED ELECTORS OF TnE CITY OF SAN LUIS OBISPO THE QUESTION AS TO WHETHER OR - NOT. t,, GAS FRANCHISE SHOULD •BE'GRANTED TO SOUTHERN COUNTIES GAS COMPANg OF CALIFORNIA. VEEREAS, ,S,outhern Counties Gas Company of California has made application to the City Council.'for a franchise for. the purpose of operating and maintaining a gas distributing system within the City, such franchise to be issued under the provisions of the .Act of the Legislature of.the State of California known as.the Franchise Act of 1931, and such franchise to be for an in- determinate period not exceeding thirty -five years from its effective date. AND WHEREAS, among other things, said franchise will provide for the payment to the City annually, during the life of such franchise, of a sum equal to two per cent of the gross annual receipts arising from the use, operation or possession of such franchise; provided, however, that such payment shall in no event be less than one per cent of the gross annual receipts• derived from the sale of gas within the limits of the City under such franchise. AND WHEREAS, said Southern Counties Gas Company of Calif- ornia has offered to pay to the City,.upon the granting of such fran- chise the sum of $5,000.00.for such franchise and in addition thereto one per cent of the gross receipts of said Southern Counties Gas Company derived by it from the sale of gas.within the City from the first clay of November 1941, to the -31st day of December, 1942;. inclusive, as compensation for its occupangy of the City streets during said period. -1- to I*• AND WHEREAS, other terms and provisions will be included in skid franchise, all as contained in the official copy of the proposed franchise ordinance now on file in the office of the City Clerk and available and..open to— public inspection, and to which reference is hereby made. AND WHEREAS, the City Council has taken no action on the application for such franchise made,by'Southern Counties Gas Company of California but has determined to submit to the qualified electors of said City at the General Municipal Election to be. held on April 5, 1943, the question as to whether or not such franchise should be granted upon the terms and conditions herein set forth and as more full,y,set forth in said official copy of the proposed franchise.ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, that the question as to whether or not said franchise shall be granted, be and the'same is hereby submitted to the qualified electors of the City -of San Luis Obispo, to be voted on at the General Municipal Election to.be.held on.April 5, 1943• Said question shall appear upon the ballot to be used in said election substantially in the following form:. •Shall the City Council•grant to Southern Counties Gas Company of California a gas franchise under the provisions of the Franchise Act of 1937, for an indeterminate period not exceeding thirty -five years, providing for an annual payment equal to two per cent of gross receipts arising from the use., operation or possession thereof, but not less than one per cent of the gross receipts from sales of gas within the City, and upon payment of $5,000.00 plus one per cent of gross receipts of such Company from its sale of gas within the limits of the City from November 1, 1941 to December 31, 1942 inclusive? YES NO Notice of the submission of such duestion shall be given by the publication of this resolution for two days in the Telegram- Tribune, a daily newspaper, printed, published and -2- circulated in said City, and by the publication of this resolution for two times in The Independent, a weekly newspaper, printed, published and circulated in said City and by referring to this resolution and the question to to submitted in the Election Proclamation hereafter to be adopted by the City Council calling such General Municipal Election. PASSED AND ADOPTED this 1st day of March, 1943, by the following vote: AYES: W.H.Brazil, R.P.It &jell, Ralph C. Kennedy, F.C.Kimball NOES: Joseph Leary ABSENT: none NA...:(p Mayor I'Ll °"' _ RESOLUTION No. .689 (New Series) A RESOLUTION SUR11ITTING TO THE QUALIFIED ELECTORS OF THE CITY OF SAN LUIS OBISPO THE QUESTION AS TO-WHETHER OR NOT AN ELECTRIC FRANCHISE SHOULD BE GRAN -TED TO PACIFIC GAS AND : ELECTRIC COMPANY. WHEREAS, Pacific Gas and Electric Company h = -made application an, 84,1.4- 2-1, 19 S 9 to the City Council ^for an electric franchise to use, for purposes not already authorized, all electric facilities installed upon the streets of the City under said company's existing,.free, perpetual constitutional franchise, such new franchise to be issued under the provisions of the Act of Legislature of the State of California, known as the Franchise Act of 19373- and sucg franchise to be for an indeterminate period not exceeding thirty five years from its effective date. AND- WIMEAS, among other things-, said franchise will provide for the payment to the City annually, during the-life bf,such franchise, of a sum equal to two per cent of the gross annual receipts arising from the use, operation or possession of such franchise; provided, however, that such payment shall in no event beless, than one -halt per cent of the gross annual receipts derived from the sale of electricity within the limits of the City under both such new franchise and said constitutional franchise. AND WHEREAS, said Pacific Gas and.Electric Company has offered to pay to the City, upon the granting,of such franchise the sum of 5,000.00*for such franchise and in addition thereto one -half per cent of the gross.receipts of said Pacific Gas and Electric Company derived by it from the sale of electricity within the City from the first day of January, 1943, to the effective date of such new franchise. AND AHEREAS, other terms and provisions will be included in said franchise, all as contained in the official copy of the proposed franchise ordinance now on file in'the office of.the City Clerk and available and open to public-inspection,. and to whic4, reference is' hereby made. . AND WHEREAS, the. City Council has.taken no action on the application for such franchise made by Pacific Gas and,.Electric Company but has determined to-submit to the qualified electors of said City at the General Municipal Election to be held on April 5, 19.43, the question as to whether or not such franchise should be granted upon the terms and conditions herein set forth and as more. fully set forth in said official copy of the proposed franchise ordinance. NOW TEEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that the question as to whether or not said franchise shall be granted, be and the same is hereby submitted to the qualified electors of the City of San Luis Obispo, to be voted on at the General Municipal Election to be held on April 4, 1943• Said question shall appear on the ballot to be used at said election substantially in the Collowing form, to -wit: Shall the City Council grant to Pacific Gas and Electric Company an indeterminate 35 year franchise to use, for purposes not already authorized, all electric facilities, installed upon streets of the City under that company's existing, free, perpetual constitutional franchise, such indeterminate 35 year franchise to be granted under the provisions of the Franchise Act of 1937, and to provide for an annual payment equal to 2% of gross receipts;: arising-from the use, operation or possession thereof, but not less than 1/2% of the gross receipts from sales of electricity within the Cit under both of said franchises, and upon payment of. , 5,000.00 Plus 1/2% of such company's gross receipts from January 1, 1943 to the effective date of such franchise? YES NO I Notice of the submission of such question shall be given by the publication of this resolution for two days in the.Telegram- Tribune,'a daily newspaper printed_, published and circulated in said City, any by the publication of this resolution for two times, in The Independant, a weekly newspaper printed, published and circulated in said City and by referring to this resolution and the question to be submitted in the Election Proclamation adopted by the City Council calling such General Municipal Election. PASSED AND ADOPTED this 15th, day of March,'1943, by the following vote: AYES: W.H.Brazil, . R.P.Howell, Ralph annedy,F.C.K mball NOES Joseph Leary ABSENT: None Mayor ATTEST: 71��w� RESOLUTION NO 690 (New Series) A RESOLUTION ACCEPTING A RIGHT OF WAY DEED FROM CHESTER E. BRUCE.AND ARABELLA BRUCE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That that certain deed dated the 25th day of Tviarch, 1943 made and executed by Chester E. Bruce and Arabella Bruce, his wife and conveying to the City of San Luis Obispo a right of way over and across that certain real property situated in the City of San Luis'Obispo, and described as follows: All that part of Lot 8, in Block 12 of the Buena Vista Addition to the City of San Luis Obispo, according to the official map thereof on file in the Office of the County Recorder of the County of San Luis Obispo, State of California described as follows: Beginning at a point on the easterly liae.of•, said Lot 8 and the westerly line of - Rachel Street-, said point being 7 feet northerly from the southeast corner of said Lot 8; thence westerly parallel with the line:oetween said Lot 8 and Lot 9 in said Block 12, to the w sterly line of said Lot 8 and easterly line of dwazey Street; thence northerly, along the easterly line of Swazey Street 5 feet; thence easterly parallel with the line between said-Lots 8 and 9, to the easterly line of said Lot 8 and westerly line of Rachel Street;._ thence southe_rly,_ along the westerly line of Rachel Street,- treet, 5'feet`to the point of beginning, be,. and the same is hereby accepted by the City of San Luis Obispo; and the City Clerk is:hereby directed to cause said deed to be recorded in the Office of the County Recorder of the County of San Luis Obispo.. PASSED AND ADOPTED this 5 __day of April, 1943, by the following vote: AYES:, VI.H.Brazil,R.P.Rowell'Ralph C. Yennedy,F.C.Yimball, J.oseoh,Leary NOES: =None ABSENT: None' — Mayor ATTEST: City Clerk 0 RESOLUTION NO. 691 (New Series) A RESOLUTION DECLARING THE RESULTS OF THE. GEN- ERAL iU:UNICIPAL ELECTION HELD M APRIL 52 1943. ` ViEEREAS, A General Municipal Election was held in the .City of San Luis Obispo on the 5th day of April, 1943, which election was duly held and conducted in the manner provided by the charter of the City of San Luis.Obispo;.and as provided by law. AND WHEREAS; within four days after such election, t6 -Nit, on the 9th day, of April, 1943, -the, City Council met as a canvassing board and duly canvassed the returns of said election..- A.10 114H^REAS, on April 12•, 1943' the City Council duly met and counted and canvassed all absentee 'ballots. AND �FdEREAS, a statement of the results of said election has been duly entered`by - the City Clerk in the minutes and records of the City Council: NOW THEREFORE DE IT RESOLVED, by the City Council of the City of San Luis ObisDo,'as follows:; 1. That the whole number of votes cast in said election within the City of San Luis Obispo was 1856 vi 2. That the.whole number of votes cast at said election outside of said City, by voting on school directors only, was 87 i 34 That the names of the persons voted for, the office for which each person was voted for, the charter amendments and propositions voted upon, the number of votes given-at each precinct to each person and for or against each charter amendment 0 or proposition, and the total number of votes given to each person and for or against each charter amendment or proposition, is shown by the tabulation of votes attached hereto and made a Dart of this resolution. 1 - 0 C �J� e. l�. That Fred C. Kimball, the candidate having received the highest number of votes cast at said.election_ for the office of Mayor, is- hereby declared elected to such office for the term prescribed by the City Charter.. 5. That J. E. Brown, the candidate having.received the highest number of votes it said election for the office of City Clerk,.is_hereby declared elected to such office for the term prescribed by the City Charter. 6. That RalDh C. Kennedy and Clyde T. O'Nah, the two candidates.having received the highest number of votes at said election for the office of City Councilman, are and each of them is, hereby declared elected to such office for the term prescribed by the City Charter. %. That Lorrin W. Campbell, Dr. G. D. Kelker and C. L. Smith, the three candidates having received the highest number of votes at said election for-the office of-,School Directors, are and each of them is, hereby declared elected to such office for the term prescribed by the City Charter. 8. That Charter Amendment No. 1, Charter Amendment No. 2 Proposition No. 1 and Proposition No. 2 each having received more than a majority of the total votes cast at said election for or against each thereof, are and each of them is hereby declared to have carried. g. The City Clerk is hereby,dir°cted.to sign and deliver to each of said Fred C..Kimball, J.:E. Brown, Ralph C. Kennedy, F Clyde T. O'Nan, Lorrin W. Campbell, Dr., G. D. Kelker,- and C. L. Smith, a certificate- of election 'certifying `to''his election to the respective -offic.es, as hereinbefore set forth. 2 - PASSED AND ADOPTED this 12th day-of April, 1943 by the following vote: AYES:. W.H.Brazil,R,P.Howell, Ralph C.1�ennedy.,F.C.Ximball,Joseph Leary NOES: None . ABSENT: None a 3dayor ATTEST: . C' City Clerk. Mayor Fred C. Kimball City Clerk J. E. .Brown Councilihan W. H: Brazil. 80`. 113 87 •90 99 TABULATION "OF-. VOTES �I 111 126 153 PRECINCTS 143 160 Harry L. McDuffee 1 2 3 4 5 6 7 8 Absentee Clyde T. O'Nan 118_ 110 87 Vote Total 181 217 194 185 184 210 '153 171• 13 1508 -181 209 194 178 189 213 157. 167 16 1504 W. H: Brazil. 80`. 113 87 •90 99 109 Ralph C. Kennedy 111 126 153 132 143 160 Harry L. McDuffee 21 25 29' 24' 14 15 Clyde T. O'Nan 118_ 110 87 96'.. 113 105 Hugh R. Wilson 71 86 89 67 54 92 School Director. Lorrin W. Campbell,' 163 Dr. G. D. Kelker 161 C. L. Smith 161 Charter Amendments . Charter Amend- YES 142 went No. 1 NO 39 Charter Amend- .YES 143 ment No. 2 NO 21 Propositions Proposition YES 152 No. 1 NO 36 Proposition YES •137 No. 2 N6 42 78 78 1'4 1 . 145 12 13 104 83 49 67 I i .7 11. 2 4 8 741 1122 155 820 583 198 166 149 168 183 144' 147 (See below) 192 175 150 169 187 144 147 (See below) 184 164 144 160 .173 .140 139 (See below) Absentee Vote Total 150 116 122 120 155 99 116 -13 1033 33 1. 41 47' 45 ". 34 31 1 312 137 110 111 116 136 .88 121 11 973 23 25 31 34 35 19 '20 0 208 161 141 124 127 153 126 133 12 1129 45 39 45 '59 47 36 39 2 349 139 725 108 113 125 97 114 12 970 45 38 46 54. 53 38 37 2 355 School Director (Continued) . -- PRECINCTS 9 10_ 11 12 1.3 Lorrin W. Campbell 7 22 7 20 22 Dr. G. D. Kelker 8 21 8 .23 2.3 C. L. Smith .6 21 8 19 22 Absentee Total Vote 10 1406 '10 1418 11 1352 RESOLUTION NO. 692 (New Series) DECLARING AND FINDING THAT TWO PROPOSALS AMEN -D - ING THE CHARTER OF THE CITY Or' SAN LUIS OBISPO S'UBEITTED TO TIME QUALIFIED VOTERS OF SAID CITY ON APRIL 5, 1943, RECEIVED THE VOTE OF A VLAT.ORITY OF ALL THE VOTERS VOTING ON SUCH PROPOSITIONS. BE IT RESOLVED, by the Council of the City of San Luis Obispo: WHEREAS, the City Council of the City of San Luis .Obispo did on the 15th day of February; 1943; by Resolution No. 687 (New Series) sumbit to the qualified voters of the City of San Luis Obispo two pro- posals for the amendment of the charter of said city which said pro posals were as follows, to-wit: That Section 15 of Article III of the charter of the City of San Luis Obispo be amended so that the same shall be and read as follows: Sec. 15 SALARIES. The mayor shall receive an annual salary of six hundred dollars, payable in equal monthly installments. Each councilman shall receive an annual salary. of five hundred dollars, payable in equal monthly installments. The city council shall regulate the compensation of the city, clerk and shall regulate the iiiimber, method of appointment, terms. of office or employment, and compensation of any deputy or assistant city clerk and all en,:ployees in the office of the city clerk. Each schooi,director shall receive two and one - half dollars for each regular meeting of the board of education which he shall attend, provided that he shall not receive.more than 10 dollars in any one month. The provisions of this section in reference to the compensation of the city clerk shall apply to the person elected as city clerk at the election�:dt which this amended section is adopted. That Section 52 of Article IX of-.the charter of the City of San Luis Obispo be amended so that the same shall be and read as follows: Sec: 52 BOARD OF EQUALIZATION. The Council shall meet at their usual place of •holding meetings on the first mon- day in July of each year, at ten o'clock in the forenoon of said day, and sit as a board of equalization, and shall continue in session for that purpose, from time to time, until the business of equalization is disposed of, but not later than the third Monday in July. AND WHEREAS, said amendments were numbered on the ballot used at said election as follows: AR^lICLE AND SECTION NUi�QJIIR ON NUMBER OF CHARTER BALLOT Article III, Section 15 1 . Article IX, Section 52• 2 AND WHEREAS, said proposals were duly submitted to the quali- fied voters of said city at t he general municipal election held on the 5th day of April, 1943, and said City Council having canvassed the returns of said election finds the same to be. as hereinafter set forth: IT IS HEREBY RESOLVED, FOUND AND DECLARED that the number of voters voting on each of -said proposals, the -nuriber of voting in. favor of each of said proposals and the number voting against each of said.proposals was as follows: N-M BER OF PROPOSAL TOTAL NUMBER TOTAL VOTES TOTAL VOTES' ON BALLOT VOTES CAST CAST IN FAVOR CAST AGAINST,, 1 .1345 1033 312 2 1181 973 208 IT IS FURTHER RESOLVED, FOUND AND DECLAR- that a majority. of the qualified voters voting on said proposals numbered 1 and 2 voted in favor of said proposals-and ratified the same. IT IS FURTHER RESOLVED that the i'dayor and City Clerk be and they are.hereby authorized to certify to the.adoption of said pro- posals numbered 1 and 2 and to do such further acts and things as maybe required to secure the approval of said amendments to the charter of.the City of San Luis Obispo by the Legislature of the State of INTRODUCED AAA ADOPTED this- 12 day of April, 1943 by the-following vote: AYES: W-H.Brazil,R.F.Howell,Ralph O. Kennedy, F. C.Kimba11 Joseph Leary NOES: None ABSENT: None Mayo ATTEST: '. L/J i A/1 i RESOLUTION No.693 (New Series) A RESOLUTION CONSENTING TO THE TRANSFER AND ASSIGNMENIT OF THE BUS FRANCHISE GRANTED BY ORDINANCE No. 2,24 (New Series) WHEREAS, By Ordinance No. 224 (New Series), there was granted to John G. Jones a franchise to.establish, maintain and operate, within the City of, San* Luis Obispo, municipal bus lines for the transportation of passengers. AND ANHEREAS, said John G. Jones has assigned and transferred said franchise to J. A. Bardin,.and there has been filed with the City Council a petition asking for the consent of the City to such assignment and transfer. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo,.that•the consent.'of the City to such assignment and transfer be,, and is•here.by given; provided "that said J. A. Bardin shall be and beooaie liable f;or the `faithful performance'; as such assignee, of all of the "Iterms and conditions-of said franchise, and shall,'within ten (10) days from the date hereof, furnish and file with the City, a bond as required by Section 28 of said Ordinance No. 224 (New Series). AND BE IT FURTHER RESOLVED, that upon the filing of said bond by J. A. Bardin and the approval•thereof by the City Council, the bond heretofore filed by.John G. Jones; with the London and Lancashire Indemnity Company of America as surety, be, and the same is hereby cancelled, and the principal and surety on said bond be, and _ /future they are hereby discharged and released.from all! obligations under said bond. •• PASSED AND ADOPTED THIS the following vote: _ j• 19 day of ApPil , 1943, by AYES: j' J.H.Brazil.R.P.Homell,Raloh C.Kennedv,F..C.Kimball,Joseph Le •ry NOES: alone ABSENT: None Mayor ATTEST: City Clerk RESOLUTION NO. 694 (New Series) A RESOLUTION PROVIDING FOR SALARY PAYROLL DEDUCTIONS OF OFFICERS AND EIAPLOYEES OF THE CITY OF SAN LUIS OBISPO FOR THE PURPOSE OF PURCHASING UNITED STATES WAR BONDS-OR SIMILAR UNITED STATES OBLIGATIONS AND PROVIDING FOR THE ESTABLISHMENT OF A TRUST FUND TO BE DESIGNATED AS "XdPLOYEES WAR BOND TRUST FUND ". WHEREAS, Chapter 2 of the Sessions Laws of the 54th (Second Extraordinary) session of the legislature of the State of California provides that governing bodies of Counties, Cities and other Municipal corporations are authorized to provideifor the - purchase of United States War Bonds or similar United States obligations by salary and wage deduction for those officers and employees who make written request for such-deduction for-such purchases, and WHEREAS, by said act of the legislature all auditors, treasur- ers and other disburing officers are authorized to recognize and act upon. such requests for salary.aAdl-;wage deductions 'and to establish spe- cial accounts for each such officer and employee so.that sufficient funds may be accumulated to the credit of such officer or employee for the purchase of United States War Bonds, or similar United States obligations, all such funds-so accumulated to constitute trust funds.. NOW THEREFORE, BE IT RESOLVED by the City Council of the , City of San Luis Obispo; as follows: 1. Any officer or employee of the City of San Luis Obispo may authorize.the purchase by the City'Clerk from a"Trust Fund derived through voluntary pay roll deductions, of United'States War Bonds, Series E, or similar United States.obligations, on behalf of and to the credit of and .for the issuance to such officer or employee, or to such joint owner! or beneficiary as such officer or employee may direct. 1 - The authorization for such pay roll deductions shall be in such form as the City Council may determine, shall be signed by the officer or employee and delivered to the City Clerk. Thereafter, and until revoked or cancelled by such officer or employee, such authorization shall be effective as to each and every pay roll. 2. Each officer and employee who has authorized a deduction shall file a claim against the City'for his salary and in the full amount to which he is entitled, but the City Clerk shall prepare separate warrants, one thereof payable to the "Employees War Bond Trust Fund ", hereinafter established, for the amount of the deduction authorized by such officer or employee, and the balance payable to such officer or employee. 3. The City Clerk shall perform such duties .as may be necessary in the handling of such deductions and shall perform any allied clerical work pertaining thereto. He shall deliver to the City_ Treasurer the warrants drawn in favor.of:said trust fund as provided in Section 2 hereof. He shall keep separate accounts showing the amounts which accumulate in the name and to the credit of. each officer or employee authorizing such pay roll deductions. 'Whenever there shall accumulate to the credit of any such officer or' employee an amount of money in the respective accounts sufficient for the purchase of a. United States War Bond, Series E, or similar United States obligation, as authorized by.such officer or employee, the City Clerk, shall forth- with draw a warrant against such "Employees War Bond Trust Fund" and with,such warrant purchase and have issued a bond or bonds, and deliver same to such officer or employee. Such bonds shall be issued in the name or names and in such manner as may be shown on the authorization given by such officer or employee. Before delivering any of the bonds, so purchased the City Clerk shall require each such officer or employee or their duly authorized representative to execute proper instruments evidencing the issuance and delivery of such bond. 2 - k. The payment to any officer or employee of a warrant equal to the difference between the salary earned and the deduction made pursuant to this resolution, shall constitute a full and,complete discharge and acquittance of all claims and demands whatever for the services rendered by such employee during the period covered by such pay roll warrant. 5. A trust fund to be designated as "Enployees War Bond Trust.Fund" is hereby created and established and the City Treasurer shall receive all warrants payable to such fund and deposit such warrant to the credit'of such fond. 6. In the event that the term of service or employment of any such officer or employee terminates before the amount of his authorized deduction has accumulated in his account to an amount suffieient to purchase the bond or bonds, or in the event any such pay roll deduction is revoked or cancelled, a warrant shall be drawn upon such fund for the amount then standing to the credit of any such officer or employee to be delivered to.him upon the closing cc said aecount;'and at his request. 7. When an officer or employee desires to increase or decrease the amount to be deducted, he shall file a new authorization and cancel the old authorization. Authority to cancel or change a prior authorization should be filed'with the City Clerk at least five days before the effective date. 8. No partial with -drawl may be made from accumulated deductions, nor will loans be made against such deductions. g._ The assignment or transfer of funds accumulated to the account of any officer or employee will not be permitted. - 3 - 10. The City assumes no responsibility in respect to o/ the bonds purchased under the plan outlined in this resolution after such bonds have been purchased and delivered to the officer or employee. '. 11. The City of San Luis Obispo reserves the right to refuse, reject or-cancel any authorized deduction, and the plan of deduction in its entirety may be discontinued at any time at.the discretion of the City Council. PASSED AND ADOPTED ' this 3rd day of 4 by the following vote: AYES: 7,1. H. Brazil,R. P. ?•Iowell,Ralph C. Kennedy, F. C. Ki mbal1 . NOES. Joseph Leary -4- Ii RESOLUTION OF INT.EaNTION No 695 (New 'Series) A RESOLUTION OF THE COUNCIL OF .THE CITY OF SAN LUIS OBISPO DECLARING ITS INTENTION TO GRANT AN "ELECTRIC FRANCHISE TO PACIFIC GAS. �_ND ELECTRIC COLT, ANY: FIXING THE TIIAE AND PLACE FOR HEARING OBJECTIONS: AND DIRECTING THE PUBLICATION OF NOTICE. WHEREAS,, Pacific Gas and Electric Company, a California utility corporation,, has filed with the Council of the City of San 'Luis Obispo an application requesting that a franchise be granted to it of the character and.for the purposes mentioned in the form of notice hereinafter set forth; and WHEREAS, in the opinion of said Council the public interest requires that said franchise be granted; NOW THEREFORE, BE IT RESOLVED'that said Council intends to grant said franchise, that hearing of `objections to.the granting thereof will be held at the time and..plac.e specified in the form of notice hereinafter set forth, which notice the Clerk of said City is hereby directed to publish at least once within fifteen days after the passage of this resolution in the Independent a weekly newspaper of genera.l circulation within said City, and that said notice shall be in the following words and figures, to -wit: "NOTICE OF INTENTION TO GRANT ELECTRIC FRANCHISE. NOTICE IS HEREBY GIVEN that Pacific Gas and Electric Company, a California utility corporation, has filed its application with the Council of the City of San Luis Obispo requesting said Council to grant it a franchise in accor- dance with the Drovisions of the Franchise Act of 1937 and of the Charter of the City of San Luis Obispo, (a) to use, for transmitting and distributing electricity raithin said City for any and all purposes other than those authorized under Section 19 of Article XI of the Consti- tution of the State of California; as said.section existed prior to its amendment on October 10, 1911, all poles, "wires, conduits and, appurtenances which now are or may hereafter be lawfully placed in the public streets, ways and places within said City and (b) to construct and use in said public streets, ways and places all doles, wires, conduits and appurtenances, including conraunic.ation circuits, necessary or proper for said purposes. If said franchise shall be granted to it, said Pacific Gas and Electric Company, its lawful successors and assigns, hereinafter designated grantee, shall during the life thereof pay to said City.two per cent of the gross annual receipts of said grantee arising from the use, operation or possess - ion of.said franchise; provided, hovrever, that such pay- ment shall in no event be'less than a sum which shall be ecauivalent to one -calf per cent of the gross. annual receipts derived by grantee -from the -.sale of .electricity within the limits.of said City under both the franchise to be granted and =the franchise now 'owned by said grant,---- by virtue of Section 19-.-of Article XI of .the - Constitution of the•State of California as said section existed prior to its amendment on October 10, 1911. Sai p_rcentage •rill be paid annually from the date of.the granting of the franchise applied for and-in the event such shall not be made said franchise shall be forfeited. Said grantee shall also pay to the City the. sure of �a 5;x00.00, together with a sum sufficient to re- imburse it.for all publication expenses in connection with the granting of said franchise, and,'in addition; shall pay to'the City one -half per cent of the gross receipts derived by it from sales of electric- ity within the City from January 1, 1943 to the effective date of said franchise.- Said Council proposes to for an indeterminate period n (35) years from and. after its NOTICE IS HEREBY FURTHER persons having any objections grant said franchise Dt exceeding thirty -five effective date. GIVEN that any and all to the granting of said franchise may appear before said Council at the City Hall of said City at the hour of 7:30 o'clock, P. A.R., on Monday, the 7th day.of June, 1943, and be heard thereon; and NOTICE IS HEREBY FURTHER GIVEN that at any time not later than the hour so set for hearing objections.any person interested may make written protest stating object- ions against the granting of said franchise, which pretest must be signed by the protestant and be delivered to the City Clerk of said City, and the City Council shall at J the time set for hearing - objections proceed to hear and pass upon all protests so.made; and NOTICE IS HEREBY FURTHER GIVEN that the grantee of said franchise must on or before five!-:days after:ithe date of. granting same .file with the Council of said City a bond in the penal sum of Two Thousand Five.Eundred Dollars ( 2,500.00) running to said City, ,:;ith at least tv:,,o good. and sufficient sureties thereto to be approved by said. Council, conditioned that such grantee shall well and truly observe, fulfill and perform each and every term and condition of said franchise and that in case of any breach of condition of said bond occurring the vrhole amount of the penal sum therein named shall be taken and deemed -to be licuid.ated damages and shall be recoverable prom the principal and sureties upon said bond. G' . 0 0 For further particulars reference is hereby made to said application filed as aforesaid in the'oifice of said City Council, and also to the resolution adopted. on the 17th. day of Hay, 1943, declaring its intention to „grant said franchise. Dated: May 21st , 1943 By order of the City Council of the City�of San Luis Obispo. City Clef_ of the City of San Luis Obispo.” .PASSED AND ADOPTED this 1'7th. .day of -May, 1943, by the following vote: AYES: W.H•Brazil,R.P.Howell, Ralph C. Kennedy, F.C.Kimball NOES:- Joseph Leary A.BSENP • None Mayor ATTEST: City Cle •k RESOLUTION OF INTENTION No. 696 (New Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAID LUIS - OBISPO DECLARING ITS' INTEIDITION TO GRANT A GAS P-- ANCFISE TO SOUTHERN COUNTIES GAS COT,ZPANY OF CALIFORNIA; FIXING THE TIME AND PLACE FOR HEARING OBJECTIONS; PND DIRECTING THE PUBLICATION OF NOTICE. VdHEREAS, Southern Counties Gas' Company of California, a California utility corporation, has filed with the Council of the City of San Luis Obispo an application requesting that a franchise be granted to it of the character and for the purposes mentioned_ in-the form of °notice hereinafter set forth; and WEEREAS,;in.the opinion of said Council the public interest requires.that said franchise be granted; NOK THEP,EFORE, BE IT RESOLVED that said Council intends to grant said franchise,, that hearing of objections to the granting thereof will be held at the time and place specified in the form of notice hereinafter set forth, which notice.the Clerk of said City is hereby directed to publish at least once within fifteen days after the passage of this resolution in the Independent a weekly newspaper of general circulation within said City, and that said notice shall be in the following words and figures, to- vv-it: "NOTICE OF INTIEN=011T TO GRANT GAS FF ANCHISE. NOTICE IS HEREBY GIVEN that Southern Counties Gas Company of California, a California utility corporation, has filed its application vvrith the Council of the City of San Luis Obispo requesting said Council to grant it a franchise in accordance with the provisions of the Franchise Act of 1937 and of the Charter of the City of. San Luis Obispo,-to'lay and use pipes and,appurtenances for trans - mitting and distributing gas for any and all purposes i 0 G Y1 under, along, across.or upon the public streets, ways, alleys or places, as the same now or may.hereafter exist within said City. If said franchise shall be granted to it -,,said Southern Counties Cas Company of California, its lawful successors and assigns, hereinafter designated grantee, shall during the life thereof pay to said City two per cent 'of the gross annual receipts of said grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than a sum .which shall be equivalent to one per cent of the gross 'annual receipts derived by grantee from the sale.of gas within the limits of'said.City under said franchise. Payment at the - stipulated percentage shall be made for the full calendar,year'of 1943., despite the fact that said franchise will-be- in effect. for only a portion of said year.,Said percentage will be paid annually from the date of,the granting.._of the franchise applied for and in the event such shall not be made said franchise shall be forfeited. Said grantee shall also pay to the City the sum of 9 5,000.00, together with,a sun sufficient to re- imburse it for all publication expenses in connection with the granting of.said franchise, and, in addition, shall pay to the City one per cent of the gross receipts derived by it.from sales of gas within the City from November 1, 1941 to December 31, 1942, inclusive. Said Council proposes to grant said franchise for an. indeterminate period not = exceeding thirty -five (35) years from and after-its effective date. NOTICE IS HEREBY FURTHER GIVEN that any and all persons having any objections to the granting of said franchise may appear before said Council at the City Hall of said City-at the hour of 7. 30•o'clock, P. 11., on lionday, the 7th day of June, 1943, and be heard thereon; and NOTICE IS HEREBY FURTHER GIVEN that at any time not later than the.hour so set for hearing objections any person interested may make written protest stating object ions against the granting of said franchise, which protest must be signed by the protestant and be delivered to the City Clerk of said'City, and the.City Council shall at the.time'set for hearing objections proceed to hear-and, pass upon all protests so made; and NOTICE IS HEREBY FURTHER GIVEN that the grantee of said franchise must on or before five days after the date of granting same file with the Council of said City a. bond in the venal sum of Two Thousand Five Hundred Dollars (e•2,500.00) running to said City, with at least two good and sufficient sureties thereto to be. approved by said Council, conditioned that such grantee .shall well fulfill and truly observe, /and perform each.and every term and condition -.of said franchise and that in case of any breach of condition of said .bond occurring the whole amount of the penal sum therein named shall be' taken and deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. For further particulars reference is hereby made to said application.filed as aforesaid in the office 'of said City Council,., and also-, to the resolution adopted. on the, 17th.;day of May, 1943, declaring its intention to grant said franchise. Dated: May 4st ,,1943 By order of the City Council of the City of San Luis Obispo.-• let- City Clerk o he City of San Luis Obispo." (Q PASSED AND ADOPTED this 17th. day of May, 1943, by the following vote.: AYES: V.H.Brazil,R.P.Howell., Ralph C. Kennedy, F.C.Kimball NOES: Joseph Leary ABSENT: None Mayo ATTEST: City Clerk RESOLUTION No. 697 (New Series) A RESOLUTION FIXING THE SALARY TO BE PAID' TO THE CITY CLERK WHEREAS, at the General Municipal Election held in the City of San Luis Obispo on April 5, 1943, the proposal to amend Section 15 of the Charter of said City received a majority of all votes cast on.said proposal and said proposal duly carried. AND WHEREAS, by Concurrent Resolution adopted by the Legis- lature of the State of California, said amendment to the Charter was approved, said Concurrent Resolution having been filed in the office of the Secretary of State on April 262 1943, and said amend- ment-to the Charter becoming effective on such date. AND WHEREAS, Section.15 of the City Charter, as amended; provides that the City .Council shall regulate the compensation of the"City Clerk. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: 1.. That there shall be allowed and paid to the City.Clerk of the City of San Luis Obispo, for the period from April 26, 1943 to and including May 1.5, 1943, a salary at the rate of One.HUndred Sixty Dollars ($ 160.00) per month. 2. That beginning May 16, 1943, and until the further order of the City Council, there shall be allowed and paid to the City Clerk of the City of San Luis Obispo, a salary of 250.00 per month. 3. Said salary shall be full compensation for all services performed by or required of the City Clerk by law or ordinance or by order of the' -City Council. PASSED AND ADOPTED this 17th. day of May, 1943, by RESOLUTION No. 698 (New Series) A RESOLUTION REVOKING RESOLUTION No. 683(New Series) BE IT RESOLVED by the Council of the City of San Luis Obispo that Resolution No. 683 (New Series) entitled, "A Reso- lution Fixing the Salary of the Civilian Defense Director ", passed and adopted by the City Council on the 14th. day of December, 19429 be., and the same is hereby, revoked. PASSED AND. ADOPTED this. 17th. dEq of Bray,. 19439 by . the following vote: AYES: R,P.Howell, Ralph C•gennedy,F.C.gimball,Joseph Leary,Clyde T.0'Nan NOES: None ABSENT: None ATTEST: City Clerk - RESOLUTION No.- 699 (New'Series) A-RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE DEPARTMENT OF MOTOR VEHICLES. 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 June 7, 1943, by.and between said City and the Department of Motor Vehicles, State of California, acting through the Director of Motor Vehicles, and relating to Radio Station KQDO . 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, i�Thich execution shall , be attested by the City Clerk. . PASSED AND ADOPTED,this 7th. day of June, 1943, by the following. vote: AYES: R.F.Howell,Ralph C Kennedy,F.0 Kimball$Joseph Leary-Clyde T.Q Unn NOES: none ABSENT: none RESOLU'T'ION 00 ION No. (New Series) A RESOLUTION PROVIDING FOR T1-TiE EXECUTION OF AN AGREEMENT' BETWEEN THE CITY OF SAN LUIS OBISPO AND PACIFIC. GAS AND ELECTPIC COTOANY. 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 June 21, 19432 by and between the City of San Luis Obispo and Pacific Gas and Electric Company, relating to the installation and maintenance of two (2) ornamental steel poles and bracket type electrolier street lighting units on Osos Street., between Monterey and Palm Streets, in accordance with and at the I locations shown on the blue print attached to said agreement. 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-i PASSED AND.ADOPTED this 21st. day of June, 15431 by the following vote: AYES: R.P.Howell.Ralph C. I Kennedy,F,C,Kimball,Toseph �eary,Cly'de T. O'Nan NOES: none ABSENT: none rs ATTEST: May-or RESOLUTION OF INTENTION NO .66 8 (New Series ) A RESOLUTION OF THE CITY COUNCIL OF TH CITY O F SAN LUIS OBISPO DECLARING ITS INTENTION TO VACAT EA PORTION OF HIGH STREET . WHEREAS, the public interest and convenience require th e vacation of a portion of High Street, hereinafter described, in th e City of San Luis Obispo . NOV' THEREFORE, the City Council of the City of San Lui s Obispo does hereby resolve and declare that it is the intention o f said City Council to order the vacation of the following describe d portionof High Street, locates within the City of San Luis Obispo , to-wit : All that portion of High Stre=et, situate,lying an d being in the City of San Luis Obispo, County of San Lui s Obispo, State of California, more particularly describe d as follows, to-wit : Commencing at the point of intersection of th e Northerly line of High Street with the Westerly line o f Rachel Street ; thence Westerly along said Northerly lin e of High Street 471 feet, more or less, to the Southwest - erly right of way line of the Southern Pacific Railroa d Company ; t h e nce Southeasterly along the prolongation o f said Southwesterly right of way line to a point on th e Southerly line of High Street ; thence Easterly alon g said Southerly line of High Street 446 feet, more o r less, to the Westerly line of Rachel Street ; thenc e Northerly along said Westerly line of Rachel Street , crossing High Street, to the point of beginning . Reference is hereby made to a map or plan on file in th e office of the City Clerk of the City of San Luis Obispo, entitle d "Southern Pacific Company Pacific Lines San Luis Obispo Propose d Closing of High St . Crossing" for particulars as to the propose d vacation of said portion of High Street . Notice is hereby given that Monday the 2''na 'day of Jun e 1942, at the hour of 7 :30 o'clock P .M . and at the Council Chamber s of the City Council of said city, in the City Hall, are hereby an d have been fixed as the time and place for hearing all person s interested it or objecting to the proposed vacation of said portion . of High Street . - 1 - The Superintendent of Streets of said city is hereby direct - ed to post Notices of Street Vacation, as required by the act herein - after referred to, and the City Clerk is directed to cause thi s resolution to be published for two times prior to the date of sai d hearing, in the Independent, a weekly newspaper .rinted, publishe d and circulated in said city . Notice is further given that the proposed vacation of sai d portion or High Street shall be done in accordance with the provision s of an Act of the Legislature of the State of California approve d May 13,1941 (Statutes of 1941,page 1357)cited as the Street Vaca- tion Act of 1941,said City Council having elected to proceed unde r the provisions of said Act . PASSED AND ADOPTED by the City Council of the City of Sa n Luis Obispo at e regular meeting thereof duly and regu - larly held on the 1st day of June,- 1942, by the following vote : AYES :i .L .B zil,i•.l_.HOV;e11,R!pj C .Kennedy, Joseph Leary NOES :None ABSENT :1'.".Kimbell aMayor fro To m ATTEST : City Clerk