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HomeMy WebLinkAbout403N-500NCf ,�tiG uU RESOLUTION NO. 403 (New Series) - V ,f f 4 r \r A RESOLUTION CONCERNING THE BONDING OF THE CITY OF SAN LUIS OBISPO FOR CERTAIN MUNICI- PAL IMPROVEMENTS IN CONNECTION VvITH{ ITS � - VvATIER- SYSTEM 'ur ', � UW /J � r BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the public interest demands, -and the public necessity demands,1 the acquisition, construction and completion of the following municipal improvements, the cost of which will-be too great to be paid out of the ordinary annual income and revenue of�the( said City, to -wit: The enlarging, shaping and reconditioning of the two water reservoirs of the City of San Luis Obispo, the *paving or lining of both of said reservoirs and the construction of'roofs for said reservoirs, 51k the acquisition and installation of pipe lines, mechanical. equipment, �,. °apparatus and incidental material and equipment in connection with the improvements to said reservoirs, and the construction of appropriate r / r housing for such equipment and apparatus, together with the acquisition r and construction of distributing mains and other work, material and equipment, all to be used in the improvement of the mater supply and eater system of said City. The estimated cost of the acquisition, construction and completion of the aforesaid improvements to the water system of the City of San Luis Obispo is the sum of Fifty Thousand („50,000.00)�Ci�Gf�� Dollars. IT IS HEREBY-DETERIAINED AND DECLARED that the public interest of said City end the public necessity of said City demand the acquisi- tion, construction and completion of the aforesaid municipal improvements and that the cost of the same will be too.great to be paid out of the ordinary annual income and revenue of the'-said City. INTRODUCED; ADOPTED'AND PASSED this 20th day of February, 1939, by the following vote: AYES: J. B. Berkemeyer ,L.J.Defosset,R.P.Howell,Joseph Leary,L.F•Sinsheimer. NOES: =%Tone ABSENT: None. b sheimer, ?layor ATTEST: A dz'�e� ty C,- so 4b � RESOLUTION NO. 404 (New Series) A RESOLUTION ACCEPTING A DEED FROM THE ROMAN CATHOLIC BISHOP OF MONTEREY- FRESNO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That that certain deed dated October 11, 1938, made and exe- cuted by the Roman Catholic Bishop of Monterey- Fresno, a corporation sole, and conveying to the City of San Luis Obispo a right of way for street and sidewalk purposes over and across the following described property, , situate in the City of San Luis Obispo, to-wit: ' Commencing at the intersection of the northerly line of Monterey Street with the easterly line of Broad Street, which street is sometimes called North Broad Street; thence northeaster) along said northerly line of Monterey Street, five (5} feet to a point; thence northwesterly, and parallel to said easterly line of North Broad Street, to a point five (5) feet south- easterly from the southerly line of Palm Street; thence northeasterly, parallel to said southerly line of Palm Street and five (5) feet therefrom, to the westerly line of Chorro Street five (5) feet to the said souther- ly line of Palm Street; thence southeasterly along said southerly line of Palm Street -to its intersection with the easterly line of North Broad Street; thence south- easterly along said easterly line of North Broad Street, to the point of beginning, and being a part of Block No. Eleven (11) of the City of San Luis Obispo, be, and the same is hereby accepted by the City of San Luis Obispo. PASSED AND ADOPTED THIS 27th day of February ^, 19V9 2, by the following vote: AYES: X. B. Berkemeyer ,L.T.Defosset,R.P.Aowell,Joseph Leary,L.F.Sinsheimer. NOES: N ne ABSENT: None ATTEST: K�7 RESOLUTION NO. 405 (New Series) PRELIMINARY DETERMINATION OF LEGISLATIVE . BODY UNDER "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 ". BE IT RESOLVED BY the City Council of the City of San Luis Obispo that certain improvements are proposed to be done and made with- in the boundaries of the proposed assessment district hereinafter de- scribed. In connection therewith said City Council hereby finds and determines as follows, to -wit: 1. That the nature-of the proposed improvements consists of the following: That Morro Street, from the Southerly line of harsh Street, to a line across Morro Street described as follows: Commencing at the intersection of the Northerly line of Upham Street with the Westerly line of Morro Street; thence Easterly, along said Northerly line of Upham Street produced Easterly, to its intersection with the center line of Santa Barbara Avenue; thence Northerly along said center line of Santa Barbara Avenue to its intersection with the Easterly line ✓ of Morro Street produced Southerly,) be improved by paving said por -' tion of Morro Street, for the full width between curl asphaltic concrete wearing surface, two and one -half thickness, said wearing surface to be laid on top of which sub -base paving shall be laid and completed in than through the proceedings herein contemplated and ing of such wearing surface. bs, with an (2'j) inches in • sub -base paving, • manner other prior to the lay- There is excepted from the work and improvement above mentioned any and all such work already done to official line and grade, and there is excepted therefrom any duplication of work, it being the intention to describe only one improvement of the same class at-any one point; there is further excepted therefrom any work at the intersection of Pacific Street with Morro Street, and any work at the intersection of Buchon Street with Morro Street; and there is further excepted there- from any work at those locations.where cement concrete drainage.dips are constructed to official grade across said Morro Street. Nor shall any work be done which may be shown on the plans as -not to be done.- Reference is hereby made to a plan of such work and improvement for particulars relative thereto, which plan is entitled, "Plan and Details for the'Improvement.of a Portion of Morro Street in the City of San Luis Obispo,. County of San Luis Obispo, Cal. ", now on file in the office of the City Clerk of the City of San Luis Obispo, who is the Clerk of the legislative body of said City, and which said plan is open to public inspection. 2. The location and extent of the proposed improvement will involve the construction of the above described improvements upon the following described public street, within the boundaries of the pro- posed assessment district hereinafter described, to -wit: On Morro Street, in the'City of San Luis Obispo, California, from the Southerly line of Marsh Street, to a line across Morro Street described as follows: Commencing at the intersection of.the Northerly line of Upham Street with the Westerly line of Morro Street; thence Easterly, along said Northerly line of Upham Street produced Easterly, to its intersection with the center line of Santa Barbara Avenue; thence Northerly along said center line of Santa Barbara Avenue to its intersection with the Easterly line of Morro Street produced South - erly. a. The boundaries of the district of lands proposed to be specially assessed to pay the costs and expenses of such proposed work and improvement are generally defined as follows, to -wit: Beginning at the most Northerly corner of Block No. 100 of the Mission Vineyard Tract in the City of San Luis Obispo, as said block now exists, a map "of said tract is now on file in the County Recorders Office San Luis Obispo County California and entitled t'Map of the Mission Vineyard Tract in the Town of San Luis Obispo, Surveyed by Harris & Lakin October 1872"; and running thence southwesterly a- long the southerly line of Marsh Street 194.3 feet to a point, which said point is equi- distant from the most westerly and the most northerly M corners of said"Block 100; thence southeasterly parallel to and 194.3 feet southwesterly from the westerly line-of Morro'Street to a point in the notherly line of Pismo Street and a point on the southerly line of Block No. 101 of Murray and Church's Addition to the City of San Luis Obispo, as said block is shown upon the map entitled "Map of Part of Murray and Church's Addition to the City of San Luis Obispo, Surveyed by H. C. Ward,, City Surveyor, Sept. 1876" and recorded in Book A of Maps at Page 144 San Luis Obispo County Records; thence in a direct line southeasterly across Pismo Street to a point on the southerly line of said Pismo Street and.a,point,on the northerly line.of Block 102 of said Murray and Church's Addition which said point is distant southwesterly 189.3 feet from the northerly corner of said Block No. 102 and 189.3 feet northeasterly from the most westerly corner of said block; thence south- easterly parallel to and 189.3 feet southwesterly from the Westerly line of said Morro Street to a point on the southerly line of Block 180 of Loomis's Addition to the City of San Luis Obispo, as shown on the official map of said addition on file in the County Recorders Office, San Luis Obispo California, and entitled "Map of Loomists Addition to the City of San Luis Obispo Surveyed by H. C. 'hard City Serveyor-,- Oct. 1876" and re- corded in Book A of Maps at Page 126, San Luis Obispo County Records;_ thence northeasterly along the southerly line of said Block 180 to the most easterly corner thereof; thence northeasterly in a direct line a- cross Morro Street and Santa Barbara Avenue to the most southerly corner of Lot 6, Block 181 of the Ingleside Homestead Tract as shown on the official map of said tract now on file in the County Recorders Office, San Luis Obispo County, California and entitled "Map of the Ingleside Homestead Tract in the City of San Luis Obispo Cal. The property of Thomas Barrett, surveyed by Geo. Story City Engineer, October 188711, said map being filed for record in Book A of Maps at Page 132, San Luis Obispo County Records; thence running from said last mentioned point northeasterly along the southerly line of said lot 6 to its intersection with the westerly line of the Southern Pacific Company right of way; thence northeasterly along the westerly line of said Southern Pacific Companyts right of way and across said lot 6 and across a portion of lot 5 of said Inglesi.de-Homestead Tract. -to a point on the northeasterly line of said lot 5; thence northwesterly along the northeasterly line of said lot 5 and lot 4 of said Ingleside Homestead Tract to the most northerly corner of said lot 4; thence southwesterly along the northerly line of said lot 4 to the most westerly corner thereof and a point on the easterly line of Santa Barbara Avenue; thence southwesterly in a, direct line across Santa Barbara Avenue to the most southerly corner of Block 1 of Loomis and Osgood's Addition as shown on the official map of said Addition on file,.in_the.County.Recorders Office, San Luis Obispo County California.and entitled "Map of the Re- Subdivisions of fractional Blocks 170 and 181 of Loomis and Osgood's Addition to the City of San Luis Obispo California,,Surveyed by Geo. Story, Nov. 1894" and recorded in Book A of Maps at Page 125 San Luis Obispo County Records; thence northwesterly along the easterly line of said Block 1 to the most north- erly corner thereof; thence northwesterly in a direct line across Church Street to a point on the northerly line of Church Street and a point on the southerly line of Block 176'of said Loomis and Osgood's Addition; said point being distant northeasterly 59.58 feet from the most southerly corner of said Block 176; thence northwesterly parallel to the easterly line of Morro Street and 59.56 feet at right angles therefrom to a point on the southerly line of lot 7 of said Block; thence northeasterly along the southerly line of said lot 7 to the most easterly corner thereof; thence northwesterly along the easterly line of said lot 7 and lots 5 and 3 of said Block to the most westerly corner of lot 4 of said block; thence northeasterly 29.25 feet along the northerly line of said lot 4 to a point; thence northwesterly 50 feet across lot 2 of said block, parallel to the easterly line of Morro Street and 129.25 feet at right angles therefrom to a point on the northerly line of said lot and a point on the southerly line of Leff Street; thence northwesterly in a direct line across Leff Street to a point on the northerly line of Leff Street and a point on the southerly line of Block 171 of'said Loomists Addition, which said point is distant northeasterly 138. -feet from the N most southerly corner of said block and 138 feet from the most easterly corner of said block.; thence running from said last mentioned point northwesterly parallel to and -138 feet easterly from the easterly line of said Morro Street to a point on the southerly line of lot 7. Block 107 of the afore mentioned Mission Vineyard Tract; thence southwesterly 1.6 feet along the southerly line of said lot to'a point; thence northwesterly parallel to the westerly line of said lot to a point in-the northerly line thereof, which said point is distant northeasterly 141.4 feet from the most westerly corner of said lot and 141.4 feet from the most north- erly corner of said lot; thence northwesterly parallel to and 141.4 feet easterly from the easterly line of said Morro Street to a point on the northerly line of Block 105 of Mission Vineyard Tract as said block now exists and a point on the southerly line of Marsh Street, said point being equi - distant from the most westerly and most northerly corners of said Block 105; thence southwesterly along the northerly-line of said Block 105 and along the southerly line of Marsh Street to the point of beginning. The above description is general only and reference is hereby made to a plat entitled,"Diagram of Assessment District for the Improve- ment of a Portion of Morro Street in the City of San Luis Obispo, CalifornL now on file in the. office of the City Clerk of said City, upon which said plat the territory included within the district to be assessed is indicated by a boundary line and which said plat so on file shall govern for all details as to the extent of said assessment district. 4. That no amount or portion of the cost of such proposed improvement is to be paid from any source other than special assess- ments upon the benefited property. 5. The statute under which it is proposed to conduct proceed- ings for the proposed improvement is the Act of the Legislature of the State of California commonly known as the "Improvement Act of 1911 "2 approved April 7, 1911, the title of which Act, as amended, now reads, "An act to provide for work in and upon public streets, avenues, lanes, alleys, courts, places, sidewalks, highways, roads and other public property and rights of way, in whole or in part, including property over which possession and right-of use has been obtained under the provisions of section 14 of Article I of the Constitution within municipalities, or within unincorporated territory and one or more municipalities, or ly- ing within two or more municipalities, and for establishing and changing the grades of any such public streets, avenues, lanes, alleys, courts, places, sidewalks, highways, roads, properties or rights of way, and providing for the repair and reconstruction of portions of streets, avenues, lanes, alleys, courts, sidewalks or places, and for the duties of officers and the procedure therefor and for the payment of the cost thereof; and providing for the issuance and payment of street improve- ment bonds to represent certain assessments for the cost thereof, and providing a method for the payment of such bonds", with bonds to be issued as authorized under the.Act of said Legislature I commonly known as the "Improvement Bond Act of'1915", approved June.11,,1915,:the title of which act, as amended, now reads, "An act to provide for the issuance of improvement bonds to represent and be- secured by certain assessments made for the cost of certain work and improvements made in and upon streets, avenues, lanes, alleys, courts, places, and side - walks within municipalities and upon property and rights of way owned by municipalities and for the laying out, opening, extending, widening, straightening or acquiring in whole or in part of public streets,' squares, lanes, alleys, easements, courts and places within munici- palities to provide for the collection of such assessments, the sale of the property affected thereby, and for the payment of the bonds so issued ". C2 ATTEST: City Cler / f I so - a • I I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo at an ad. jourhed, meeting thereof held Februazy 27,1539 s by the following vote, to -wit: AYES: J. B• Berkemeyer ,L.J.Defosset,R.P.Howell,Toseph Leary,L.F.Sinsheimer NOES: ABSENT: None (Seal) 64�� City C rk � M RESOLUTION NO. 406 (Nev; Series) RESOLUTION DIRECTING PREPARATION OF INVESTIGATION REPORT. BE IT RESOLVED by the City Council of the City of San Luis Obispo that i Kenneth Beck , a person able and competent to pre- pare the report hereinafter mentioned, is hereby appointed and employed to procure and prepare such information as may be required and make the report in the form and manner as set forth in Sec. 3 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 19311', and covering that certain proposed improvement described in Resolution No. 405 (New Series) of said City Council entitled, 1TPreliminary determi- nation of Legislative body under 'Special Assessment Investigation, Limitation and Majority Protest Act of 19311TT, heretofore adopted by said City Council on the27tb day of February , 1939, which Resolution is hereby referred to for a description of the nature, location and extent of such proposed improvement, of the boundaries of the district proposed to be assessed to pay the costs and expenses thereof, the statute or statutes under vrhich it is proposed to conduct proceedings, and for all other matters contained in said resolution. 4 snelmer, rsa,yor ATTEST: 1/ City Cier I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo at a regular meeting thereof held Febr_uAr �v p,'1t}L, 1939, by the followino vote, to -:pit: AYES:. J.B.Berke eyer,i._ T_nafnsset-,R: P.., el�,,sTs�� Leary, L.F.Sinsheimer._ NOES: None ABSENT:_ City Werk (Seal) J RESOLUTION NO. 407 (New Series) A RESOLUTION DETERMINING CORRECTION FACTOR WHEREAS, The City Council of the City of San Luis Obispo by Resolution No. 406 (New Series) directed. the preparation of an investi- gation report in connection with certain work proposed to be done on a portion of Morro Street, in said City and desires to use the taxation assessment rolls of the City of San Luis Obispo as a, basis for computing the true value of the lands within thejassessment district and for that purpose to establish a correction factor to be used in the preparation of such report, Now therefore, upon satisfactory evidence furnLshed to said City Council, it is hereby found and determined as follows:- 1. That the total assessed valuation for municipal purposes of all taxable lands in the City of San Luis Obispo as the same is shown on the last equalized taxation assessment roll of said munici- pality is the sum of e2,228.885.00. 2. That'the_ corresponding total assessed valuation of said lands in said municipality for county purposes as the same is shown upon the last equalized taxation assessment roll of-the County of San Luis Obispo is the sum of $1,398.705.00. 3. That the total amount of said valuation for municipal purposes, divided by the total amount of said valuation for county pur- poses, the quotient being expressed to the nearest decimal of two places, is the figure 1.17, which said figure of 1.17 is hereby found and de- termined to be the correction factor to be used in the preparation of such report. ATTEST: City Clerk,( A r, Mayor 3 I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo at an adjourned regular session thereof held February 27th 1935', by the following vote, to -v.it: AYES: T.B.Berkeme er L.,T.Defosset R.P.Howell Jose h Leary, L.F.Sinsheimer. NOES: None. ABSENT: None. i r � COU9TY OF SAN Luis OBISPO SAN LUIS OBISPO, CALIFORNIA Office or February 27, 1939 WILLIS H. CHASE COUNTY AUDITOR IN ANY FUTURE CORRESPONDENCE To the Honorable, the PLEASE REFER TO City Council of the City of San Luis Obispo. Gentlemen: This is to advise you that the total assessed value of all taxable lands within the City of San Luis Obispo, inclusive of public utility lands as shown upon the last equalized taxation assessment roll. of the County of San Luis Obispo, is the sum of $l,s9s,705.00. Very truly yours, Willis E. Chase, County Auditor By 5—v� DE uty ' J RESOLUTION No. _408 (New Series) RESOLUTION APPROVING REPORT AND FIXING TIME AND PLACE OF HEARING THEREON. WHEREAS, the City Council of the City of San Luis Obispo, did on the 27th day of February, 1939, order the preparation by Kenneth Beck of a report under the provisions of Sec. 3 of the "Special assessment investigation, limitation and majority protest, act of 1931", and covering certain proposed improvement upon a por- tion of Morro Street, in the City of San Luis Obispo, and WHEREAS, said report has been duly completed and presented to this City Council, now; therefore, it is hereby RESOLVED, by the City Council of the City of San Luis Obispo, that said report having been fully examined and considered by said City Council, the same is hereby approved, and it is hereby ordered that said report be forthwith filed with the clerk of this City Council, and that said clerk endorse thereon the fact and date of this approval; RESOLVED, further that this City Council hereby-,fixes the 10th day of April, 1939, at the hour of 7:30 o1clock P.M.., as the time for hearing upon said report, and hereby orders that said hearing shall be held and conducted by said City Council, at the City Council Chambers, in the City Hall, in said City of San-Luis Obispo. The clerk of the City Council is hereby ordered and directed to give notice of said hearing in the time, form and manner provided by law. .ATTEST: • . -W I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo at a regular meeting thereof held March 6th, 1939, by the following vote, to -wit: AYES:J.B.Berkemgyer.L. efog,��� F .P- MI1.Sose�ah Learv.L.E.Sinsheimer NOES: Done ABSENT.: None ( Seal) City Cle RESOLUTION OF INTENTION N0. 4 93_(New Series) A RESOLUTION ' DECLARING THE INTENTION OF THE CITY COUNCIL TO ORDER A CHANGE IN THE OFFICIAL CURB GRADE OF A PORTION OF PISTO STREET RESOLVED by the City Council of the City of San Luis Obispo, that it is the intention of said City Council to order change and modification of the present existing official curb grades on the southerly side of Pismo Street between Carmel and Beach Streets. The change and modification of grade proposed to be made, pursuant to this resolution of intention, shall consist ----- generally of - lowering the present official curb grade on the southerly side of Pismo Street, between Carmel and Beach Streets. The proposed new curb garde, in feet and decimals of a foot, above city datum plane, shall be as follows. Pismo Street - _Southerly Curb Lane At the southeast curb corner of Pismo and Carmel Streets 34.28 At 233.6 feet easterly from said curb corner '36.77 At southwest curb corner of Pismo and Beach Streets 41.70 The elevation of the curbs between the points of elevation above mentioned shall be determined by draining a. straight line be- tureen adjacent points of elevation on the same side of the street. The Daily Telegram, a daily newspaper printed and circu- lated in the City of San Luis Obispo, is hereby designated. as the newspaper in which shall be published all notices and other publica- tions required under this proceeding. Notice is hereby given that said City Council has elected to proceed under the provisions of an Act of the Legislature of the State of California, designated the "Change of Grade Act of 1909 ", approved April 21, 1909, and amendments thereto, and said proposed change of grade and all further proceedings hereunder shell be had and accomplished. under the provisions of said act. The Superintendent of Streets of said City is hereby directed to post and to publish notice of the passage of this resolution in the manner.and form required by law. PASSED AND ADOPTED .this 20th day of }larch, 1939, by the following vote: AYES:J.R.Berkemeyer R.P.Howell, Joseph Leary, L.F.Sinsheimer NOES: None ABSENT: L.J Defgjag RP 'fiinsheimer, Ma ATTEST: City Clerk STATE OF CALIFORNIA ) SS County of San Luis Obispo ) SK.7 Callie M. John, being first duly sworn, deposes and says: That she is now and was during all of the times herein mentioned, the duly elected, qualified and acting City Clerk of the City of San Luis Obispo., County of San Luis Obispo, State of California. That pursuant to statute she posted conspicuously for more than two (2) daps, on the Council Chamber door of the City Council of said City, a full, true and correct copy of Resolution of Intention No. 409 (New Series), passed by the City Council of said City on March 20, 1939. That said copy of said Resolution of Intention was posted for the first time, as aforesaid, on the 22nd day of March; 1939, and was kept so posted continuously thereafter up to and including the entire day of Sunday, the 26th day of March, 1939. Gcv �l City Clerk of the 'ty of San Luis Obispo. Subscribed and sworn to before me this / �1-, day of March,-1939. t Notary c WqqfficA for/the Coun y of San Luis Obisp to of California. 1 1-27 �° STATE OF CALIFORNIA ) SS County of San Luis Obispo j • _ _.%,,e Kenneth Beck, being first duly sworn, deposes and says: That he is now and was during all the times herein mentioned, the duly appointed, qualified and acting Street Super- intendent of the City of San Luis Obispo, in said County and State. That on the 20th day of March, 1939, the City Council of said City passed its Resolution of Intention No. 409 (New Series) to order a change in the official curb grade on the southerly side of Pismo Street, between Carmel and Beach Streets. That after the adoption of said Resolution cif Intention, he personally posted conspicuously along said portion of Pismo Street notices of the passage of said Resolution of Intention and headed "Notice of Change of Grade", one of which notices similar to the notices posted, as aforesaid, is annexed hereto and made a part hereof. That he personally posted said notices by fastening them with metal tacks to posts at an elevation of about four (4) feet from the ground so that said notices would attract the attention of passers -by and be easily readable. That all of said notices were posted less than One Hundred (100) feet in distance apart from each other and that not less than three (3) of said notices in all were posted. That all of said posting was completed on the 25th day of March, 1939, and thereafter he made this affidavit. rAp Street Superintendent Subscribed and sworn to before me' this 9 day of -March, 1939. Notary Public i�nJd fob the County of San Luis Obispo; tate of California. �, . ,1, Al w' f Z' 1 r1 lr• 0 w C: [+! 'f otid tio �y Q� o 04 -a �n x . •O V c� o c z c� r a+ S T s T � ✓y x�y !•F :r S r r• M '1 X "7 rt rr. r rt_ W �Jt � n r�7 O o„ O T s 0 �o O• x .mow r x� 0 •J r_ a x y v rt M O O -ri v N c� v ...a =r e� s C V c. O f r, r Q is yet O r c rr O O s c 0 0 J CD Oq pq O �z .-r O w x � � o � 7 rt'' C1 n _ wC'c' � r � r CC r 7� T c O � o � c• � r• �o o »� C� • romm y7[• J V J- N M RESOLUTION OF INTENTION N0.410 (New Series) A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL TO ORDER.A CHANGE IN THE OFFICIAL CURB GRADE OF A PORTION OF UPHAM STREET RESOLVED by the City Council of the City of San Luis Obispo, that it is the intention of said City Council to order a change and modification of the present existing official curb grades on both sides of Upham Street between Johnson Street and Fixlini Street. The change and modification of grade proposed to be made, pursuant to this resolution of intention, shall consist generally of raising the present official curb grade on both sides of Upham Street, between Johnson and Fixlini Streets. The proposed new curb grade, in feet and decimals of a foot, above city datum plane, shall be as follows: Street.-Northerly Street.-Kortherly Curb L ne At the Northeast curb corner of Upham and Johnson Streets 159.60 At 50 feet Northeasterly from said curb corner 163.80 At 100 feet Northeasterly from said curb corner 167.40 At 200 feet Northeasterly from said curb corner 173.40 At the Southwest curb corner of Upham and Fixlini Streets 179.50 Upham Street, Southerly_ - Curb _L ne At the Southeast curb corner of Upham and Johnson Streets 161.10 At 50 feet Northeasterly from said curb corner 165.30 At 100 feet Northeasterly from said curb corner 168.90 At 150 feet.Northeasterly from said curb corner 172.20 At 200 feet Northeasterly from said curb corner 174.70 At the Southwest curb corner of Upham and Fixlini Streets 180.00 The elevation of the curbs between the points of elevation above mentioned shall be determined by drawing a straight line be- tween adjacent points of elevation on the same -side of the street. The Daily Telegram, a daily newspaper printed and circu- lated in the City of San Luis Obispo, is hereby designated as the newspaper in which shall be published all- notices and other publica- tions required under this proceeding. w N Notice is hereby given that said City Council has elected to proceed under the provisions of an.Act of the Legislature of the State of California, designated the "Change of Grade Act of 1909", approved April 21, 1909, and amendments thereto, and said proposed change of grade and all further proceedings hereunder shall be had and accomplished under the provisions of said act. The Superintendent of Streets of said City is hereby directed to post and to publish notice of the passage of this resolution in the manner and form required by law. PASSED AND.ADOPTED this 27th day of March, 1939, by the following vote: AYES: T.B.Berkeme er L ,T.DPL'osset R.P.Howell Joseph Leary,L.F.Sinsheimer NOES: None ABSENT. None ATTEST: IR 0 _)Rt£}sheimer, RESOLUTION NO. 411 (New Series) A RESOLUTION DECLARING THE CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED BOND ELECTION HELD IN THE CITY OF SAN LUIS OBISPO, ON THE 3RD DAY OF APRIL, 1939. WHEREAS the Council of the City of San Luis Obispo, by Ordinance No. 192 (New Series), duly called and ordered held in said City of San Luis Obispo, an election on the 3rd day of April; 1939 for the purpose of submitting to.the qualified voters and electors of said City the following proposition, to -wit: r Shall the City of San Luis Obispo incur a bonded indebted- ness in the sum of $50,000.00 for the object and purpose of en- larging, shaping, reconditioning, paving and roofing of both water reservoirs of said City, and the acquisition and.installa- tion of pipe lines, mechanical equipment, housing and incidental material and equipment in connection with such improvement, to- gether with the acquisition and construction of distributing mains and other work, material and equipment, all to be used in the improvement of the water supply and water system of said City. WHEREAS said election was consolidated with the general municipal election held in said City on the 3rd day of April, 1939 which said election was known as the +'general municipal election and consolidated bond election, City of San Luis Obispo ". AND WBER.EAS said ordinance calling and ordering said election was duly published as required by law and by said ordinance as appears from the affidavit on _file in the office of the City Clerk of said City of San Luis Obispo. AND WHEREAS said general municipal election and consolidated bond election was duly held in accordance with law and with said call, on the 3rd day of April, 1939, as aforesaid, and that the polls for said election were kept open during the time required by law and that said election was held and conducted and the votes thereat received and canvassed and the returns thereof ascertained, determined and declared all as provided by the laws of the State of California, by the charter of 'said City and by said ordinance. - 1 - AND WHEREAS, for the purpose of holding said election said City was divided into eight (8) precincts, said precincts being.a con- solidation of the general election precincts as established by the Board of Supervisors of the County of San Luis Obispo, in said City, for the holding of the last preceding State election. AND WHEREAS, the City Council of said City of San Luis Obispo met at its usual place of meeting on Thursday the 6th day of April, 1939, as required by the charter of the City of San Luis Obispo, and canvassed the returns of said election as required by law and the charter of said City, and the result of said canvass is found ,to be as, hereinafter stated and set forth. AND WHEREAS,.it was impossible, on said 6th day of April, 1939, for said City Council to count the absent voter ballots cast at said `L'= election, for the reason that all of said absent voter ballots had not then been received or returned and accounted for. AND WHEREAS, said City Council did on the 10th day of April, 1939 meet at its usual plade of.meeting at the hour of 10:00 otclock, A.M. for the purpose of counting all absent voter ballots, and did count such absent voter ballots and the result of said count is found to be as hereinafter stated and set forth. IT IS HEREBY RESOLVED, DETERMINED AND DECLARED by the Council of the City of San Luis Obispo, as follows: 1.' That the proposition voted upon at said election was as follows: Shall the City of San Luis Obispo incur a bonded-indebted- ness in the sum of $50,000.00 for the object and purpose of en- larging, shaping, reconditioning, paving and roofing of both water reservoirs of said City, and the acquisition and installa- tion of pipe lines, mechanical equipment, housing and incidental material and equipment'in connection with such im rovement, to- gether with the acquisition and construction of distributing mains and other work, material and equipment, all to be used in the improvement of the water supply and water system of said City. 2. That the number of votes cast at said election in favor of and against the proposition of incurring such-indebtedness in the - 2 - principal sum of $50,000.00 was as follows: In Favor of Said Proposition Against Said Proposition Precinct No. 1 396 118 Precinct No. 2 420 116 Precinct No. 3 370 98 Precinct No. 4 386 81 Precinct No. 5 341 119 Precinct No. 6 377 108 Precinct No. 7 274 113 Precinct No. 8 284 104 Absent Voter Ballots 213 53 3971 . Total number of votes cast at said.election on said proposition: Total number of votes cast at said election in favor of said proposition: 3061 . Total number of votes cast at said election against said pro- position: 910 That more than two - thirds (2/3) of all the votes cast at said election upon said proposition were in favor of said proposition and authorized the incurring of a bonded debt of said City in the principal sum of $50,000.00 for the purposes set forth in said proposition, and that said proposition carried. 3. That the City Clerk of the City of San Luis Obispo be, and she is hereby instructed to enter this resolution on the minutes of this Council as a statement of the result of-said election. Adopted and passed by the City Council of the City of San Luis Obispo, California, this 10th day of April, 1939. ATTEST: - 5 - CLERK'S CERTIFICATE I I hereby certify that the foregoing Resolution was introduced and read at a meeting of the Council of the City of San Luis Obispo, State of California, duly called and held on the 10th day of April, 1939, at the hour of 10:00 otclock A. M., and that said Resolution was thereafter at said meeting adopted and passed by vote of all members of said Council, as follows: AYES; T.B.Berkemeyer.L.J.Defosset R.P ,o1Pje_ osep Leary,L..F. Sinsheimer NOES: None ABSENT.: None And I further certify that said Resolution was presented to, and signed and approved by L. F. Sinsheimer, -the Mayor of said City on the 14th day of April, 1939. I further certify that the - foregoing Resolution is spread. upon the records of the City Council of the City of San Luis Obispo, California., at page, 153 of Book I of Resolutions. WITNESS my hand and the seal of said City, this 26tb day of April, 1939. (Seal) Clerk of the City o an Luis Obispo State of California. r l RESOLUTION OF INTENTION NO. 412 (New Series) A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL TO ORDER A CHANGE IN THE OFFICIAL CURB GRADE OF A PORTION OF FIXLINI STREET AND SPRING STREET. RESOLVED by the City Council of the City of San Luis Obispo, that it is-the intention of said City Council to order a change and modification of the present existing official curb grades on the Easterly side of Fixlini Street between Upham and Spring Streets, on both sides of Fixlini Street between Spring Street and the Southerly terminus of Fixlini Street, and the Southerly side of Spring Street between Fixlini and Johnson Streets. The change and modification of grade proposed to be made, pursuant to this Resolution of Intention, shall consist generally of raising the present official curb grades on said portions of Fixlini Street and Spring Street. The proposed new curb grades, in feet and decimals of a foot, above city datum plane, shall be as follows: Fxlini Street,_Easterly_ Curb _Line curb At the intersection of the easterly curb line of Fixlini Street At 200 feet southerly with the southerly curb line of Upham Street, produced 180.50 At the intersection of the easterly curb line of Fixlini Street with the northerly curb line of Spring Street, produced 194.50 At the intersection of the easterly curb line of Fixlini Street Street, _Sgut_hPrly with the southerly curb line of Spring Street, produced 195.50 At 200 feet southerly from said intersection of the southerly corner of Spring Street and Johnson curb line of Spring Street with the easterly curb line of Street Fixlini Street 206.80 At the southerly terminus of the easterly curb line of Fixlini the southwest curb Street Spring Street and'Fixlini 217.00 Fixlini Street. westerly Curb Line At the southwest curb corner of Fixlini and Spring Streets 194.50 At 200 feet southerly from.said curb line 205.80 At the southerly terminus of the -- westerly curb line of Fixlini "Street 216.00 Spring Street, _Sgut_hPrly Cl=b Line At the southeast curb corner of Spring Street and Johnson Street 171.00 At the southwest curb corner of Spring Street and'Fixlini Street 194.50 The-- elevation of the curbs between the points of elevation above mentioned shall be determined by drawing a straight line be- tween adjacent points of elevation on the same side of the street. The Daily Telegram, a daily newspaper printed and circu- lated in the City of San Luis Obispo, is hereby designated as the newspaper in which shall be published all notices and other publica- tions required under this proceeding. Notice is hereby given that said City Council has elected to proceed under the provisions of an Act of the Legislature of the State of California, designated the nChange of Grade Act of 1909n, approved April 21, 1909, and amendments thereto, and said proposed change of grade and all further proceedings hereunder shall be had and accomplished under the provisions of said act. The Superintendent of Streets of said City is hereby directed to post and to publish notice of the passage of this resolution in the manner and.form_ required by law. PASSED AND ADOPTED this 24th day of April, 19399 by the following vote: AYES: T.B.Berkemeve R.F.Howell Tos.eph Lear L. F. Sinsheimer NOES: None ABSENT: Sinsheimer, or ATTEST: City Clerk I,. RESOLUTION NO. 4(New Series) PROVIDING FOR THE ISSUANCE OF $25,000.00 PRINCIPAL AMOUNT OF rCITY OF SAN LUIS OBISPO WATER BONDS OF 1939, SE A ; PRE- SCRIBING THE DATE AND FOR1d OF SAID BONDS AND OF THE COUPONS TO BE ATTACHED THERETO; FIXING THE MATURITIES THEREOF; AUTHOR- IZING THE EXECUTION OF SAID BONDS AND COUPONS; AND PROVIDING FOR THE LEVY OF A TAX TO PAY THE PRINCIPAL AND INTEREST THERE- OF. WHEREAS, all requirements of.law have been complied with in calling and holding the general municipal,,election ekd bond-election held in the City of San Luis Obispo on the 3rd day of April, 1939, at which election the proposition 3 o b 1 DO o_. oy to issue bonds of said City in the principal sum of $50,000.00 for the purpose of acquiring, constructing and completing the following municipal improvements of said City, to wit: The enlarging, shaping and reconditioning of the two water reservoirs of the City of San Luis Obispo, the paving or lining of both of said reservoirs and the construction of roofs for said reservoirs and acquisition and installation of pipe lines, mechanical equipment, apparatus and incidental material and equipment in connection with the improvements to said reser- voirs, and the construction of appropriate housing for such equip- ment and apparatus, together with the acquisition and construction of distributing mains and other work, material and equipment, -all to be used in the improvement of the water supply and water sys- tem of said City, was submitted to the voters of said City; and the City Council of said City did meet and canvass the returns of said election on 2 S� hN l f 7117 .2kU the 6th day of April, 1939; and thereafter on the nth day of 11.1_ , / L 1SZ Aprarl --1939 did count and canvass all absent voter ballots cast at said election; and said City Council did as the result of said canvass determine and declare, and do- hereby certify, that said proposition received at said election, the affirmative vote of more than two- thirds (2/3) of all the voters voting on said pro- position at said-election, and -was thereby carried and adopted by said elect16n,.and the issuance of said bonds by said City was duly authorized. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, State of California as follows-,,--,,- Section 1. That the aggregate principal amount of said bonds so authorized shall be divided into two or more series, and -that bonds.in the principal sum.of $25,000.00 to be.known as ttSeries An shall be issued first, and shall be made payable as hereinafter in this resolution provided; that the balance of said bonds shall issue and be made payable, in one or more additional series, and at such time or times and under such conditions as may be hereafter fixed by the City Council,•separate and distinct•from the bonds of Series A. Section 2. That bonds of the City of San Luis Obispo, in the aggregate principal sum of $25,000.00, to be known as the nCity of San Luis Obispo Water Bonds of 1939, Series A" shall issue to pay the cost of the initial work in connection with the acquisition, construction and completion of aforesaid municipal improvements of said City. Sec "on_3. That said bonds shall be issued as herein- after set forth and shall be sold in accordance with law at not less than their par value and accrued interest. Said bonds shall be negotiable in form and of the character known as serial, and shall be twenty -five (25) in number, numbered consecutively from 1 to 25, both inclusive, of the denomination.of $1,000.00 each. All of said bonds shall bear interest from their date annually, - 2 - G at the rate of three per cent (3 %) per annum, which interest shall be evidenced by coupons attached to each bond, and each of said coupons shall represent six (6) monthts interest on the bond to which it is attached. The principal and interest of said bonds shall be payable at the office of the Treasurer of the City of San Luis Obispo in lawful money of the United States of America. Said bonds shall be dated the lst day of July, 1939, and shall mature and be payable in consecutive, numerical order, from lower to higher, one (1) bond on the 1st day of July in each of the years 1940 to 1964, both inclusive. Said interest coupons shall be pay- able on the 1st day of January, and the 1st day of July, in each year until and at the respective dates of maturity of said bonds, the first coupon on each bond being payable on the 1st day of January, 1940. Section 4. Said bonds shall be substantially in the following form, the blanks in said form and in the form of coupon given below to be filled-with appropriate words and figures, namely: UNITED STATES OF AMERICA STATE OF CALIFORIIA m jS CITY OF SiN LUIS OBISPO1WATER „BONDS OF No. $ 11000.00 FOR VALUE RECEIVED, the City of San Luis Obispo, a muni- cipal corporation, organized and existing under the constitution and laws of the State of California, hereby acknowledges itself in- debted and-promises to pay to the bearer hereof on the 1st day of July, 19 , One Thousand Dollars ($1,000.00) with interest thereon at the rate of three per cent (3 %) per annum, payable semi - annually on the 1st day of January and July of each year, on presentation and surrender of the coupons hereto attached as they respectively become due; both principal and interest being payable in lawful money of the United States of America at the office of the Treasurer of said City. - 3 - This bond is issued under and pursuant to the constitution and statutes of the State of California, and under and pursuant to ordinances and proceedings of said City, duly adopted and taken and a vote and assent of more than two- thirds (2/3) of all the qualified electors of said City voting at a general municipal election and consolidated bond election, duly and legally called and held for that purpose. It is hereby certified, recited and declared that all acts, conditions and things required by law to exist, happen and to be performed precedent to and in the issuance of this bond, have existed, happened and been performed in due time, from and manner as required by law, and that the amount of this bond, together with all indebted- ness of said City, does not exceed any limit prescribed by the con- stitution or statutes of said State or the charter of said City, and that provision has been made as required by the constitution and statutes of said State for the collection of an,- annual tax sufficient to pay the principal of, and interest on this bond as the same be- comes due. The full faith and credit of said City are hereby pledged for the punctual payment of the principal and interest of this bond. IN WITNESS WHEREOF, said City of San Luis Obispo has caused this bond to be executed under its corporate seal, signed by its Mayor and its Treasurer, and countersigned by its Clerk, and has caused the interest coupons hereto attached to be signed by its Treasurer, and this bond to be dated the lst day of July,1939- ayor of the City of San-Luis Obispo City Treasurer of the City of San Luis Obispo. Countersigned: City Clerk or e City of San Luis Obispo 4.- The interest coupons shall be signed by the Treasurer of said City, by his engraved or lithographed signature, and shall be substantially.in the following form: (Form of Coupon) No. $ 15.00 On the lst day of 19 , the'City of San Luis Obispo will pay . -to' bearer at the office of, the Treasurer of sa-id City, ifteen� and -no /100 Dollars in lawful money of the United F. States of p -meri'ca, .being :six.-mbnthsv interest then due on its Water Band of 1939,ertes- No. y Treasures'-of the City of San Luis Obispo, State of California. z. Section`5_ For the purpose of paying the principal and interest of said bonds, the Council of the City of San Luis Obispo, shall, at the time of fixing the general tax levy and in the manner for such general tax levy provided, levy and collect annually each year, until such bonds are paid or until there shall be a sum in the treasury of said City set apart for that purpose, to meet all sums becoming due for principal and interest on said bonds, a tax suffi- cient to pay the annual interest on said bonds, and also such part of the principal thereof, as shall become due before the time for fixing the next general tax levy; provided, however, that such tax shall be levied and collected at the time and in the manner afore said, annually each year sufficient to pay the interest on such indebtedness as it falls due and also to constitute a sinking fund for the payment of the principal thereof on or before maturity: Said tax shall be in addition to all other taxes levied for municipal purposes, and-shall be collected at the same time and in the same manner as other municipal taxes are collected, and as collected shall be forthwith paid into the fund for which the same 5 - was levied and collected. Such fund shall be designated as "fir 5+\ X1939) Bond Interest and Sinking Fund", and all sums to become due for the principal and interest on said bonds shall be paid from such fund. Section The Mayor of said City of San Luis Obispo and the Treasurer of -�sazd City are hereby authorized and directed, respectively, as such' officers, to sign each of said bonds on be- half of said City, and the City C1etk is hereby "authorized and directed to countersign>;� each of said bonds and to affix the corporate seal of said City thereto; and the said Treasurer is hereby authorized and directed to sign each of the interest coupons, either by his own hand or by lithographed or engraved facsimile signature; and such signing, cou ersigning and sealing shall be a sufficient and banding execution of said bonds and coupons by said City. t.an There is �ereby.cr.eated and established a, �•�! v G ST fund to be known as "Water— lmprovement_.Fund of 1939";, which shall be kept by the Treasurer of said City; and all proceeds of sale of any of said bonds shall be placed by the Treasurer to the.credit of said fund, and shall be applied - exclusively to the acquisition, con- struction and completion of the aforesaid municipal improvement. Se clign The City Clerk is directed to cause to be lithographed, printed or engraved a sufficient number of bonds and coupons of suitable quality, and to cause the blank spaces thereof to.be filled in to comply with the provisions hereof, and to pro- cure their execution by the proper officers, and to.deliver them, when so executed, to the Treasurer of said City, who shall safely keep the same until they shall be sold by the Council;-whereupon he shall deliver them -to the purchaser or purchasers thereof, on receipt of the purchase price. 6 - N Bpctl_ This resolution shall take Effect from and after its passage and approval. Adopted and passed by vote of four members of the City Council of the City of San Luis Obispo, State-of California, this 24th ,day : of April, 1939. ATTEST: Clerk of'the City of/Ban Luis Obispo - 7 - CLERKLa JC ATF: I hereby certify that the foregoing resolution was intro- duced and read at a meeting of the Council of the City of San Luis Obispo duly called and held on•the 24th day of April, 1939, and that said resolution was thereafter at said meeting adopted and passed by vote of four members of said Council, as follows; AYES: J.B.Berkemeyer, R.P.Howell, Joseph Leary, L.F.Sinsheimer NOES: None ABSENT: L J. n° gggpt And I further certify that said res olutio was presented o� � to, and signed and approved by Ssheimer, they jyor of said City of San Luis Obispo on the "24th day of April, 1939. I further certify that the foregoing resolution is spread upon the records of the City Council of the City of San Luis Obispo, California, at page ' 156 of Book II of Resolutions. WITNESS my hand and the t� 57 An of April, 1939 . r o e City—of/gfn Lu s Obispo, State of Calffornia seal of said City this i RESOLUTION NO.•414 (New Series) DIRECTING THE SALE OF TWENTY -FIVE THOUS - _ �r�d ODD LLARS OF CITY OF SAN LUIS OBISPO ','.-WATER BONDS OF 1939 -SERI•ES -A-:. WHEREAS. the City Council of the City of San Luis Obispo, by Resolution No. 413 (New Series), duly passed and adopted on the 24th day of April, 1939, authorized the issuance of Twenty -Five Thousand Dollars ($25,000.00)..principal' amount of bonds.of'said City to be known as t'City of San Luis Obispo 'Water' Bonds of 1939, Ser �s�'; being twenty -five (25) in number, numbered consecutively from one to twenty -five, both inclusive, all of the denomination of �6n usan o ars ($1,, 0 )� each, all dated the 1st day of July,11939, bearing interest at the rate of three 3_ per cent per annum payable semi - annually, said bonds maturin ,in numerical ' order on the 1st day of July in each of the years 1948 to 1984 inclusive; AND WHEREAS, the said City Council is authorized to sell- such bonds in such manner as it shall determine; AND WHEREAS, it is for the best interests of the City of San Luis Obispo to offer said bonds for sale at public sale; NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. That upon receipt of proper proposals accep- table to the City of San Luis Obispo, all of said bonds shall be sold. Section 2. The City Clerk is hereby directed to cause a notice of such sale to be published for five (5) days in the i+Ey f` L Telegrams, a daily newspaper printed and published.in said City. Such notice shall briefly describe the bonds to be sold and shall invite sealed proposals far their purchase, to be filed with the City Clerk on or before 7:30 P.B., Wednesdays th'e 10th day of May,. 1939. - 1 - • a Section 3. At said time the Council shall open the pro- posals (if any) and shall accept the offer of the highest bidder, if it equals or exceeds the face value of said bonds, provided such offer is acceptable to the City of San Luis Obispo; but if no offer is equal to the face value, the Council shall reject all bids; should any of two or more bids be equal in amount, the Council may accept the offer of any such bidder and reject the others. Should no bids be received equal to the face value, the Council may either re- advertise or may sell any of said bonds for the face value with- out advertising, at private sale. r ofity of San Lu)s Obispo ATTEST: er o e ity o Luis Obispo - 2 -. CLERKIS CERTIFICATE I hereby certify that the foregoing resolution was intro- duced and read at a meeting of the Council of the City of San Luis Obispo duly called and held on the 24th day of Ap �.1I9 9, and that said resolution was thereafter at said meeting adopted and passed by vote of four members of said Council, as follows: AYES: J.B.Berkemeyer, R.P.Howell, Joseph Leary, Z F.S nshe mer NOES: Yone ABSENT: L. J. Defosset- And I further certify that said resolution Was presented T� to, and signed and approved by L. F. Sinsheimer; the Mayor of said City of San Luis Obispo on the 24th day of April, 1939. I further certify that the foregoing resolution is spread- upon the records of the City Council of the City of San Luis Obispo, California, at page 159 of Book II of Resolutions. WITNESS my hand and the seal of said City this 30th day of April, 1939. -Clerk o e y o an _uis Obispo, State of California N h RESOLUTION NO. 415 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND J. H. KIRK RELATING TO THE CON- STRUCTION OF A SEWER LINE ON CAUDILL STREET. i 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 May 8th , 1939 by and between said City and J. H. Kirk relating to the construction of a sewer line on Caudill Street. AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be and he is hereby authorized to execute said agreement for and on behalf of said City, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 8th day of May, 1939, by the fallowing vote: AYES:,T.S Berkemeyer .L.j.Defosset.R.E.Howell,Joseph Leary, L. F.Sinsheimer NOES: None ABSENT: None ATTEST: r itv Clerk CN r RESOLUTION NO. 4416 (New Series) - A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND S. JACKSON LOWE RELATING TO THE LEASE OF CERTAIN PROPERTY AS A ROCK QUARRY BE IT RESOLVED by the Council,of the City.of Salt Luis Obispo as follows: That the City of San Luis Obispo enter into that cer- tain agreement dated May 8th , 1939, by and between said City and S. Jackson Lowe, relating to the lease of certain property as a rock quarry. 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 8th day of May, 1939, by the following vote: AYES :J. B. Berk emever L.7.,tefosset R F.,LiDM ll ,,toseph Leary, L.F.Sinsheimer NOES: None ABSENT- None ATTEST: City Clerk . ... - i 4b - RESOLUTION NO. 417 (New Series) A RESOLUTION DETERMINING AND CLASSIFYING CERTAIN STREETS AS STREETS OF MAJOR ICI- PORTANCE WITHIN THE CITY OF SAN LUIS OBISPO, FOR THE PURPOSE OF EXPENDING THEREON GAS TAX FUNDS. WHEREAS, under and by virtue of the provisions of the Streets and Highways Code,the:. -State Highway Commission is re- quired to allocate an amount equal to one quarter of one cent per gallon tax on motor vehicle fuel and to expend or cause the same to be expended.within the cities of the state for the ac- quisition, construction, maintenance and improvement of streets of major importance within such cities. AND WHEREAS, by reason of the provisions of law,:.there has accomulated to the credit of the City of San Luis Obispo cer- tain funds which may be expended upon streets of major importance within said City. AND WHEREAS, the City Council of the City of San Luis Obispo desires to determine the streets and portions of streets within said City and upon which said funds may be expended, and to classify such streets and portions of streets as streets of major importance within said City. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the following named streets are hereby de- termined to be, and are hereby classified as, streets of major importance within said City, to -wit: French Street from the Southerly City limits to Highera Street. High Street from Higuera Street to the Southern Pacific Railroad right of way. Upham Street from High Street to the Southern Pacific Railroad right of way. Buchon Street from High Street to Essex Street. Marsh Street from Santa Rosa Street to Ida Street. Higuera Street from Marsh Street to Grove Street. Monterey Street from Nipomo Street to Santa Rosa Street. Palm Street from Nipomo Street to Monterey Street. Hathway Avenue from Santa Rosa Street to the northerly City limits. Munoz Street from Essex Street through the railroad underpass to Johnson Street. Munoz and $,uchan Streets from Johnson Street to the ex- tension of Ida Street on the San Luis Obispo High School grounds. Nipomo Street from Higuera Street to Palm Street. Broad Street from Marsh Street to Monterey Street. Broad Street (North Broad Street) from Monterey Street to the northerly City limits. Chorro Street from its intersection with Broad Street along its entire length to the northerly City limits. Santa Barbara. Avenue from Broad Street to Osos Street. Morro Street from Upham Street to Palm Street. Osos- Street from the Southern Pacific Railroad right of way to Palm Street. Toro Street from Buchon Street to Hathway Avenue. Essex Street from Munoz Street to Monterey Street. Johnson Street from the southeasterly City limits to Munoz Street. Ida Street from the San Luis Obispo Senior High School to Monterey Street. limits. Grove Street from Higuera Street to Monterey Street. Grand Avenue from Monterey Street to the northerly City 2. That there is attached to this resolution and here- by referred to and made a part hereof, a street map of the City of San Luis Obispo upon which map said streets so classified as streets of major importance are shown in yellow. 3. That the State Highway Commission be and said com- mission is hereby requested to approve of the determination made in this resolution. 4. That the City Council reserves the right to classify other streets within said City as streets of major importance, at such future time as may be determined by said Council. PASSED AND ADOPTED this 8th day of day, 1939, by the following vote: AyES;J.P.Berkeme er L.J.Defosset R.P.N_o��Teil Jose h. Lear L.F.Sinsheimer NOES: None ABSENT: None Sinsheimer, ATTEST: City Cle w a� yk r D z r rC V, co Vl Q _� ar C:o K. N y r O uF%__I r Cify 1 /m /tS Line V • SLO • 2 • SLO 2.369 Miles c 4 4 —Ell 1i. ti5 op.� ❑D ❑D -r O _ 00� OF] ;O O I o O O Ava. �a U \/ J �a c -s` yon { 49 sa n / '.C. LJ .%I . zi . L_ ILI] IDEI RDEIV) jE1 � YZ L - 3 AI A 1 s,. .d S s -�< e I ��p q sj, apt 9,Q sA �y a� .5 Tx 1 . -. . -. . Ao J RESOLUTION N0. 418 (New Series) A RESOLUTION APPROVING THE DETERMINATION OF - THE DEPARTMENT OF PUBLIC WORKS OF THE STATE OF CALIFORNIA AS TO THE LOCATION OF HIGHWAY ROUTES THROUGH THE CITY OF SAN LUIS OBISPO. WHEREAS, under and by virtue of the authority conferred upon'it by law, the Department of Public Works of the.State of California is authorized to expend annually from the State Highway fund an amount equal to one quarter of one cent per gallon tax on motor vehicle fuel, after the proportionate payments therefrom into the "Fuel Tax enforcement fund and after the proportionate refunds shall have been made, within the incorporated cities and freeholder charter cities, and any city and county in the State of California, for the purposes specified in said chapter, and in the manner pro- vided by law, AND WHEREAS, in accordance with the provisions of the Streets and Highways Code of the State of California, the Depart - went of Public'Works,.acting by and through the California Highway Commission, has designated as State Highways the following described streets in the City of San Luis Obispo, to -wit: Route 2. Through San Luis Obispo. 2.33 miles Beginning at the southerly city limits on Higuera Street, thence northerly over Higiiera to-Marsh Street, thence northeasterly over Marsh Street -to Santa Rosa Street, thence northwesterly over Santa Rosa Street to Monterey Street, thence northeasterly over Monterey Street to the northerly city limits, a distance of 2.33 miles, more or less, within the corporate limits. of San Luis Obispo; Route 56. Within San Luis Obispo. 0'.70 mile Beginning at the intersection of Monterey and Santa Rosa Streets (Junction Route 2), thence north -`._ westerly over Santa Rosa Street to the northerly city, limits, a distance of 0.70.mile., more or less, within the corporate limits of San Luis Obispo; N _ M Route 147. Within San Luis Obispo. 1.08 miles Beginning at the southerly-city limits on Broad Street, thence northwesterly over South Broad Street to Marsh Street (Junction Route 2), a distance of 1.08 miles, more or less, within the corporate limits of San Luis Obispo; which said streets are existing travelable streets in the City of San Luis Obispo, and approximately on the route of the authorized State highways, and AND WHEREAS', the Director -of Public Works and the Calif- ornia Highway Commission have requested the City of San -Luis Obispo to approve the routing hereinbefore described and to agree to re- sume jurisdiction over said city streets, or portions thereof., as � may not be included in the State highways, when the same are laid }� out, adopted, and constructed, therefore; sir BE IT RESOLVED,,by the Council of the City of San Luis Obispo, acting on behalf of.said city, that said city approve, and, it does hereby approve, the routing of said State highway iy and that upon the relinquishment of said streets, or any portion there- of, to the City of,San Luis Obispo in the - manner provided by law, said city agrees, and does hereby agree, to resume jurisdiction over said streets, or portion thereof, so relinquished. PASSED AND ADOPTED this 8th day of May, 1939, by the following vote: AYES: S.B'.Lerk-eme er L.J.Defosset R.P.Howell, L.F. Sinsheimer NOES: Joseph "Leary ABSENT:. -- None .- sheimer, ATTEST: ity Clerk4 RESOLUTION NO. 419 (New Series) A RESOLUTION PROVIDING FOR-THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND LOWE SANITkRY DISTRICT RELATING TO THE CONNECTION OF THE SEWER SYSTEM WITHIN SUCH DISTRICT TO THE SEWER SYSTEM OF SAID CITY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the City of San Luis Obispo enter into that cer- tain agreement dated May 10th 1939 by and between said City and Lowe Sanitary District relating to the connection of the sever system within such district to the sewer system of said City. AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be, and he is hereby authorized to execute said agreement for and on behalf of said City, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 10th day of Play, 1939, by the following vote: AYES.:- T.B•Berkemeyer,L.J.Defosset, Joseph Leary, L.F. Sinsheimer NOES: R.F. Howell ABSENT: 'Tone ATTEST: City Clerk t RESOLUTION NO. 420 (New Series) A RESOLUTION SELLING $25,000.00 PRINCIPAL AMOUNT OF CITY OF SAN LUIS OBISPO WATER BONDS OF 1939, SERIES A. WHEREAS, the City Council of the City of San Luis Obispo, by Resolution No. 413, (New Series) directed the sale of $25,000.00 principal amount of City of San Luis Obispo Water Bonds of 1939, Series A; AND WHEREAS, .after due and legal notice, bids for the sale of said bonds were received by said City Council on the 10th day of May, 1939, and then publically opened and read; AND WHEREAS, William R. Steata Co. was the highest and best bidder for said. bonds; ` BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: Section -l. That said City of San Luis Obispo Water Bonds of 1939, Series A, in the aggregate principal amount of $25,000.00 be, and are hereby sold to William R. Staats Co. � at the price of par,. to -wit: $25,000.00 and accrued interest there- on from July lst, 1939, to the date of delivery thereof to said purchaser, together with a premium of $ 72.00 . Section 2. The City Treasurer is hereby authorized and directed to deliver all of said City of San Luis Obispo Water Bonds of 1939, Series A, in the aggregate principal amount of $25,000.00 to said William R.. Starts Co. upon payment of the purchase price therefor, to-wit: $25,000.00 and accrued interest from July lst, 1939 to the date of delivery, together with a premium of $ 72.00 Section 3. This resolution shall take effect immediately. 1 -- RESOLUTION NO. 420 (New Series) A RESOLUTION SELLING $25,000.00 PRINCIPAL AMOUNT OF CITY OF SAN LUIS OBISPO WATER BONDS OF 1939, SERIES A. WHEREAS, the City Council of the City of San Luis Obispo, by Resolution No. 413, (New Series) directed the sale of $25,000.00 principal amount of City of San Luis Obispo Water Bonds of 1939, Series A; AND WHEREAS, .after due and legal notice, bids for the sale of said bonds were received by said City Council on the 10th day of May, 1939, and then publically opened and read; AND WHEREAS, William R. Steata Co. was the highest and best bidder for said. bonds; ` BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: Section -l. That said City of San Luis Obispo Water Bonds of 1939, Series A, in the aggregate principal amount of $25,000.00 be, and are hereby sold to William R. Staats Co. � at the price of par,. to -wit: $25,000.00 and accrued interest there- on from July lst, 1939, to the date of delivery thereof to said purchaser, together with a premium of $ 72.00 . Section 2. The City Treasurer is hereby authorized and directed to deliver all of said City of San Luis Obispo Water Bonds of 1939, Series A, in the aggregate principal amount of $25,000.00 to said William R.. Starts Co. upon payment of the purchase price therefor, to-wit: $25,000.00 and accrued interest from July lst, 1939 to the date of delivery, together with a premium of $ 72.00 Section 3. This resolution shall take effect immediately. ADOPTED AND PASSED-by vote of four members of the City Council of the City of San Luis Obispo, California, this 12th. day of May, 1939. L mer Mayor ATTEST: City Clerk CLERK'S CERTIFICATE I hereby certify that the foregoing resolution was introduced and read at a meeting of the Council of the City of San Luis Obispo, duly called and held on the 12th. day of May, 1939, and that said resolution was thereafter at said meeting adopted and passed by vote of four members of said Council as follows: AYES: J.B.Berkemeyer, R.P.Howell, Joseph Leary, L.F.Sinsheimer NOES: None ABSENT: L. J.Defoseet And I further certify that said resolution was presented to, and signed and approved by L. F.- Sinsheimer, the Mayor of said City of San Luis Obispo on the 12th day of May, 1939. I further certify that the foregoing resolution is.spread upon the records of the City Council of the City of San Luis Obispo, California, at page 164 of book II_ of Resolutions. WITNESS my hand and the seal of -said City this - 16th day of May, 1939. Clerk of the CiW of San Luis Obispo, California. RESOLUTION NO. 423 (New Series) 11_� . I A RESOLUTION APPROVING THE DETERMINATION OF THE DEPARTMENT OF PUBLIC WORKS OF THE STATE OF CALIFORNIA AS TO THE LOCATION OF HIGHWAY ROUTES THROUGH THE CITY OF SAN LUIS OBISPO. WHEREAS, under and by virtue of the authority conferred upon -t by law, the Department of Public Works of the State of California is authorized to expend annually from the State Highway fund an amount equal to one quarter of one cent per gallon tax on motor vehicle fuel, after the proportionate payments therefrom into the ?'Fuel Tax enforcement fund" and after the proportionate refunds shall have been made, within the incorporated cities and freeholder charter cities, and any city and county in the State of California, for the purposes specified by law, and in the manner provided by law, AND WHEREAS, in accordance with the provisions of the Streets and Highways Code of the State of California, the Depart- ment of Public Works, acting by and through the California Highway Commission, has designated as State Highways the following described streets in the City of San Luis Obispo, to -wit: Route 2. Through San Luis Obispo. 2.33 miles Beginning at the southerly city limits on Higuera Street, thence northerly over Higuera to Marsh Street, thence northeasterly over Marsh Street to Santa Rosa Street, thence northwesterly over Santa Rosa Street to Monterey Street, thence northeasterly over Monterey Street to the northerly city limits, a distance of 2.33 miles, more or less, within the corporate limits of San Luis Obispo; Route 56. Within San Luis Obispo. 0.70 miles Beginning at the intersection of Monterey and Santa Rosa Streets (Junction Route 2)', thence north- westerly over Santa -Rosa Street to the northerly city limits, a distance of 0.70 mile, more or less, within the corporate limits of San Luis Obispo; Rotiite-147. Within San Luis Obispo 1.08 miles Beginning at the southerly city limits on Broad Street, thence northwesterly over South Broad Street to IMarsh Street (Junction Route 2), a distance of 1..08 miles, more or less, within,the corporate limits of San Luis Obispo; which said streets -are existing travelable streets in the City of San Luis Obispo, and approximately on the route of the authorized State highways, and AND WHEREAS, the Director of Public Works and the Calif- ornia Highway Commission have requested the City of San Luis Obispo to approve the routing hereinbefore described and to agree to re- sume jurisdiction over said city streets, or portions thereof, as may not be included in the State highways, when the same are laid out, adopted, and constructed, therefore; BE IT RESOLVED, by the Council of the City of San Luis Obispo, acting on behalf of said city, that said city approve, and it does hereby approve, the routing of said State highways, as the temporary route thereof through the City of San Luis Obispo; and that upon the relinquishment of said streets, or any portion there- of, to the City of San Luis Obispo in the manner provided by law, said city agrees, and does hereby agree, to resume jurisdiction over said streets, or portion thereof,-so relinquished. PASSED AND ADOPTED this_1,jj_day of May, 1939, by the following vote: AYES: T.B.Berkeme er L. T.Defosset ''os i`'Z�ary�E.E .S nshe mar NOES• f" i ABSENT: 'R:P._Howell__ 0 ATTEST: ho' Citv Clerk --; RESOLUTION N0. 422 (New Series) A RESOLUTION FIXING THE SALARY OF THE SUPERIN- TL'NDENT OF THE STREETS OF THE CITY OF SA1IN LUIS OBISPO BE IT RESOLVED by the Council of the City of San Luis Obispo as folloWs: That from and after the date of the adoption of this resolution and until the further order of the City Council of the City of San Luis Obispo, there shall be allowed and paid to the Superintendent of Streets of the City of San Luis Obispo, a month- ly salary of $ 250.00 - , payable at the same time and in the same manner as the salaries of other Chief Officials of said City. Such salary shall be full compensation for all services performed by, or required of, said Superintendent of Streets, by any law or by any ordinance of the City of San Luis Obispo, or by virtue of his office, including all functions and duties of all offices which have been consolidated with the office of Superin- tendent of Streets. PASSED AND ADOPTED this 22nd day of ;day, 1939, by the following vote: AYES: W.• F. Brazil. R.P. Howell R_ alph C.Kennedy.Fred C.Kimball, Joseph _Leary NOES:— None ABSENT: None Fred C. Kimbal , Rayor ATTEST: City Cle RESOLUTION No. .422 .(New Series) A RESOLUTION- FIXING THE SALARY OF THE SUPER=-= TEUDENT OF THE STREETS OF THE CITY OF SAN LUJ:S OBI SPO BE IT RESOLVED by the Coundil of the City of San Luis Obispo Ss f611ow8 That from and .after the. date ,of the adopti.-on of -this resolution and until the further order of the City Council of the City "of -San Luis Obispo,; there shall.be allowed and paid to the Superintendeit of Streets of the City of San Luis Obi -spo, a� month l.y Salary of 250.00 'Payable at the'same time and in the same manner,as .the salaries of other Chief Officials of said City: Such saiarg shall be full compensation for all services performed by, or required of, said Superintendent of Streets, by aily law or by any ordinance o;' the City of San Luis Obispo, or by virtue of his office, including all Piactions arid. duties of all offices :Ohich have been consolidated with the office of Superin- tendent of Streets. PASSED AND ADOPTED this 22nd of May, 1939, by the felloRi.ng vote: AYES :W.E.Brazil,R.P.Howell,Ralph C.Kennedp.Fred C.Kimball,Joseph Leary NOES : - None - ABSENT None .. Fred C. Kimrsll, Mayor ATTEST: City Clerk N N ,r RESOLUTION NO. 423 (New Series) A RESOLUTION FIXING THE SALARY OF THE CHIEF OF POLICE OF THE CITY OF SAN LUIS OBISPO. 0 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That from and after the 1st day of June, 1939, 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 of the City of San Luis Obispo a monthly salary of $200.00, payable at the same time and in the same manner as the salaries of other chief officials of said City. Such salary shall be full compensation for all services performed by, or required of, said Chief of Police, by any law or by any ordinance of the City of San Luis Obispo, or by virtue of his office. PASSED AND ADOPTED this 29th day of May, 1939, by the following vote: AYES•W.E.Brazil K.P,Hgme71 _Ralph c_Kean8y_,_Fred C:Kimball.Joseph Leary NOES• None ABSENT. None MR MILT�-OP2 ATTEST: City -rk RESOLUTION NO.424 (New Series) A RESOLUTION ACCEPTING A DEED FROM SOUTHERN PACIFIC RAILROAD COMPANY AND SOUTHERN PACIFIC COMPANY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That that.certain deed dated march 23, 1939, made and ex- ecuted by Southern Pacific Railroad Company and Southern Pacific Company, and conveying to the City of San Luis Obispo the real pro- perty situated in the'City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: BEING all of Lot or Subdivision Number 15 in Block 19 as laid down and delineated on the map of the Buena Vista Addition, reference being hereby made to the copy of said map filed in request of Edwin Goodall on October 20, 1887, in the office of the County Recorder of the said County of San'Luis Obispo. Being all of that certain piece or parcel of land described in deed dated September 19, 1894, from Pacific Improvement Company to Southern Pacific Rail- road Company and filed for record September 22, 1894 in Volume 24 of Deeds, Page 496, San Luis Obispo County Records, 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 City of San Luis Obispo. PASSED AND ADOPTED this 29th day of May, 1939, by the following vote: AYES: W_H. Bra ziI, B j JLqW_qjj4Raj9jLS ed Fred C.Kimball joseRh Leary NOES None ABSENT: Prone L Fred C. Kimball, ATTEST: /% ae, City Cl /erk RESOLUTION NO. 425 (New Series) A RESOLUTION ACCEPTING AN ASSIGNMENT FROM SOUTHERN PACIFIC RAILROAD COMPANY AND SOU- THERN PACIFIC COMPANY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That that certain assignment dated March 23, 1939, made and executed by Southern Pacific Railroad Company and Southern Pacific Company transferring and conveying to the City of San Luis Obispo, the following described property, to- y: -it: A four (4) inch pipe line and a five (5) inch pipe line constructed by the Southern Pacific Railroad Company in the City of San Luis Obispo, State of California, in accordance with the terms of Ordinance No. 70 passed on September 6, 1894 by the Board of Trustees rof the City of San Luis Obispo and situated within the limits of Haskins Avenue and Leland Terrace between the intersection of Haskins Avenue with the easterly line of the Southern Pacific Railroad Company's property and the southerly pro- longation of the easterly line of Lot 15 Block 19 of the Buena Vista Addition to the City of San Luis Obispo and comprising approximately 1150 lineal feet of 4 inch wrought iron pipe and approximately 1150 lineal feet of 5 inch wrought iron pipe, be, and the same is hereby accepted by the City of San Luis Obispo; and the City Clerk is hereby directed to cause said assignment to be recorded in the office of the County Recorder of the City of San Luis Obispo. PASSED AND ADOPTED this 29th day of May, 1939, by the following vote: AYES :W.H.Braiil R.P.Howell,Ralph C.Kennedy,Fred C. Kimball, Joseph Leary NOES: None ABSKIT• None Fred C. Kimba , ayor ATTEST: City Clerk RESOLUTION OF INTENTION No Z/- a (New Series) BEF(3 E THE CITY COUNCIL OF TEE CITY OF SAN LUIS OB ISPO. RESOLUTIOIT OF INMOTION, TG CLOSE UP AND ABANDON CERTAIW PORTIONS • ° PMERICK STRMT AIW VICTORIA SMMTr .lWi: 4 Y:r; ! E Ei! •} CALIMMA6 WHkMAS, the public interest and convenience requires the closing up and abandonment of those certain portions of Frederick Street sad Victoria Street, hereinafter described, in the City of San Luis Obispo.. NOW, I EFORE, the City Council of the City of S'an Luis Obispo does hereby resolve and declare thaw it is the intention. of the said Council to order the closing up and abandonment of the following de- located thin scribed portions of said Frederick Street and Victoria Street, the City of San Luis Obispo, as follows, to-wit= (a) Frederick Street: Beginning at the point of intersection of the northwesterly line of Kuang- Su. Avenue and the sauth -- westerly line of Frederick Street; thence northeasterly along: the northeasterly prolongation of said northwesterly line of Kuang: Su Avenue, to-the northeasterly line of Frederick Street; thence northwesterly along said northeasterly line of Frederick. Street., to an. intersection with the northeasterly prolongation of the northwesterly line of Humbert Avenue; thence southerly r along a straight line to the point of _ intersect ion of the southeasterly line of Humbert Avenue with the southwesterly 11ne of Frederick Street; thence southeasterly along said southwesterly line of Frederick Street.to the point of begin - ning. (b) Victoria Streets Beginning at the point of intersection of the northwesterly . line. of Kuang Su Kvenue with the south- westerly line of Victoria Street; theme northeasterly along the northeasterly prolongation of said northwesterly line of Mang Su Avenue to the northeasterly line of Victoria Street- thence northwesterly along said nac-theast.erly line of Victoria Street to the southeasterly line of Humbert Avenue; thence southwesterly along said southeasterly line of M mbert Avenue produced across Victoria Street, to, the southwesterly line at said Victoria. Street; thence southeasterly along said south - westerly line of Vitoria. Street to the point of beginning. And said City Council does hereby determine and declare that said "pro -- posed work and. improvemerl. will benefit the lan3:.s and district herein- after described, which district is hereby declared to, be the district affected or benefited by said work and improvement., and that, there- fore, the entire damages, costs and expenses of said work and improve meat sba31 be and are hereby made chargeable against and 'sha7.1 be assessed upon said lands and district, which district is within the City of San Luis Obispo, County of San Luis Obispo, State of Califor►► nia, and more. particularly bounded and described. as follows, to -wit.: -1- *-- 6- '3- 39--- -VIII. Commencing at the point of intersection of the north - westerly line of Humbert Avenue and the southerly Limits line of the City of San. Luis -Obispo, , said point being dis- tant 15 feet northeasterly measured, along said northwesterly line of Humbert. Avenue from the northeasterly line of Victoria Street; thence easterly along said. southerly limits line of the City of San Luis Obispo to a point in the southeasterly line of said Humbert Avenue, said point being the point of beginning of the assessment district to be described; thence continuing easterly along said southerly limits line of the City of San Luis Obispo and passing through a point on the southwesterly line of Frederick Street distant 80 feet south.- easterly thereon from the southeasterly line of Humbert Ave- nue, 440 feet, more. or less, to a point on the southwesterly line of Pacific Coast Railway Company's right of way distant 30 feet southwesterly from the center _ line of main track of said Pacific Coast Railway Company; thence northwesterly along, said right of way line to a paint in the northeasterly Line cr Frederick Street; thence southeasterly along said line of Frederick Street to.an intersection with the north- easterly prolangatim of the northwesterly line of Humbert Avenue; thence southerly in.a direct line to the point of intersection of the south*esterly line of-Frederick Street with the southeasterly line of.Humbert Avenue; thence southwesterly along said line of -Humbert Avenue to, the point, of beginning. Said, closing up and abandonment of said portions of Frederick Street and Victoria Street. - hereinabove described shall be done in accordance with the provisions of an. Act of Legislature of the State of California entitled, aAn Act to provide for the laying out, opening, extending, widening, straightening or closing up,'in whole or in part, any street, square, lane, alley, court or place within. municipalities, and to con- demn and acquire any and all land and property necessary or c onven ie:nt for that purpose, (Approved bawch 6, 1889, Stats, 1889. Page 70),Q and the several. acts amendatory thereof or supplementary thereto. The Street Superintendent is hereby .directed to cause to be con- spicuously posted along the line of said work or improvement, at no more than three hundred feet in distance apart,- but not less than three in all, notices of the passage of this resolution. The said notices shall be headed "Notice' of Public Worku in. letters ncrt. less than one inch in length:, shall be in legible characters, state the fact of the passage of this resolution, its date, and briefly the mock or improvement proposed, and refer to= this resolution for further particulars. The Street Superintendent is further directed to cause a notice similar in substan.ce to be published for a period of ten days in the -2- p Telegram - Tribune a daily newspaper published and circulated in the said City of 'San Luis Obispo; and the said.,' Telegram- Tribune is-hereby designated as the daily newspaper published and circulated in the said City of S'an Luis Obispo in vtxich - saiti Street Superintendent cf." San Lu .is Obispo -shall cause to be publish- ed a notice of -the passage of this resolution. - PASSED AND ADOPTED this . � day of June, 1939, by -the following vote:.- AYES :.W.H.Brazil,. R.P.Howell; Ralph C. Kennedy; Fred C. - Kimball NOES. None ABSENT: None Note: Joseph Leary did not vote. ATTEST:. layor Fred Kimball City -Cler I hereby certify that the foregoing is a full, true and ccr•rect copy of a resolution passed by the City Co'Uncil. of the City of San Luis Obispo on- 12th day of June , 19391 city aier . �3� RESOLUTION NO., 427 (New Series) A RESOLUTION AUTHORIZING AND DIRECTING THAT AN APPLICATION BE MADE TO THE STATE BOARD OF HEALTH FOR A PERMIT TO DISPOSE OF SETTLED SWAGE 17HER S, by. Resolution No. 399 (New Series) passed and adopted April 25, 1938 by the City Council of the City of San Luis Obispo, the Mayor of said City, was authorized. and directed to apply to the State Board of Health for permission to dispose of settled sewage from the City of San Luis Obispo onto the lands of F. Dalidio, John Gudel, Frank D. Silva, M. V. 011iver, Dr. 0. Y.Polin and Manuel Santos, which lands.were itentified and out- lined by the shaded portions of the map filed in the office of the City Clerk of the City of San Luis Obispo and marked "Sketch Map Sewage Irrigation San Luis Obispo 1938 ". AND IVH.EREAS, the lands shown on said map and marked "T. Fukunaga" was not.included in said application nor was said land shown on said map as part of the shaded area. AND =REAS, William H. Negano has applied to the City of San Luis Obispo for permission to use a portion of said settled sewage on.the land shown on the above mentioned map and marked 'T. Fukunaga' NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows; That pursuant and subject to all the terms, conditions, and provisions of the-Public Health Act of the State -of California, approved Iv ?arch 23, 1907, and all amendments thereto, application by this City be made to the State Board of Health of the State of California for a permit to,dispose of settled sewage from the City of San Luis Obispo onto the lands now occupied by William H. Negano, said land being shown on the above mentioned map filed in the office of said City Clerk; and that the Mayor of said City of San Luis Obispo be, and he is hereby, authorized and directed, in the name of said City, to sign and File an application for such purpose with the State Board of Public Health. PASSED AND ADOPTED this 12th day of June, 1939, by the following vote: AYES :w- iT.Brazil.R.P:Fowell.Raloh C.Kennedy.Fred C.Kimball_. Joseph Leary NOES:— None. ABSENT. None. Fred C. Kimba 1_, Mayor ATTEST : City Clerk � - M RESOLUTION NO. 428 (New Series) PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER nSPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931tt. BE IT RESOLVED BY the City Council of the City of San Luis Obispo that certain improvements are proposed to be done and made within the boundaries of the proposed assessment district herein- , after described. In connection - therewith said City Council hereby finds and determined as follows, to -wit: 1. That the nature of the proposed improvement consists of the following: That Islay Street, from the Northerly line of High Street to the Easterly line of Toro Street, and Toro Street from the Southerly line of Buchon Street to a line across said Toro Street and extending from the most Northerly corner of Block 175 of Loomists Addition to the City of San Luis Obispo to the most Souther- ly corner of Block 21 of the Central Addition to the City of San Luis Obispo, be improved by paving Islay Street and said portion of Toro Street, for the full width between curbs with'a wearing surface con- sisting of a Two and one halt (22) inch road -mix surface treatment, said wearing surface to -be laid on top of a sub -base paving, which sub -base paving shall be laid and completed in a manner other than through the proceedings herein contemplated and prior to the laying of such wearing surface. There is excepted from the work and improvement above mentioned any and all such work already done to official line and grade, and there is excepted.therefrom any duplication of work, it being,the intention to describe only one improvement of the same class at any one point; there is further excepted therefrom any work at the intersection of Islay Street with Broad Street, and any work at the intersection of Islay Street with Osos Street; and there is further excepted therefrom any work at those locations where cement concrete drainage dips are constructed to official grade At the intersection of Islay Street and Carmel Street and at the inter- Uri � M section of Islay and Beach Streets; and there is further excepted any work on any portions of said Streets occupied by cement concrete gutters. Nor shall any work be done which may be shown on the plans as not to be done. Reference is hereby made to a plan of such work and improve- ment for particulars relative thereto, which plan is entitled, nPlan and Detail for the Improvement of Islay Street and a Portion of Toro Street in the City of San Luis Obispo, County of San Luis Obispo, California", now on file in the office of the City Clerk of the City of San Luis Obispo, who is the Clerk of the legislative body of said City, and which said plan is open to public inspection. 2. The location and extent of the proposed improvement will involve the construction of the above described improvement upon ✓ the following described public streets, witIrthe boundaries of the proposed assessment district hereinafter described, to -wit: On Islay Street, from the Northerly line of Sigh Street to the Easterly line of Toro Street, and Toro Street from the Southerly line of Buchon Street to a line across said Toro Street and extending from the most Northerly corner of Block 175 of Loomists Addition to the.Cit y of San Luis Obispo to the most Southerly corner of Block 21 of the Central Addition to the City of San Luis Obispo. 3. The boundaries of the district of lands proposed to be specially assessed to pay the costs and expenses of such proposed work and improvement are generally defined as follows, to -wit: Beginning at the most Westerly corner of Block 47 of the City of San Luis-Obispo as said block now exists, and as shown on a map designated as the "Official Plop of the City of San Luis Obispo" now on file 'in the County Recorder.* s Office of San Luis' Obispo County, California; and running thence Easterly along the Northerly line of High Street for a distance of 126.5 feet to a point in the Southerly line of said Block 47, said point being half way between the Souther- ly line of Islay Street and the Westerly line of Carmel Street; thence Easterly and parallel to the Southerly line of Islay Street to M M a point on the Easterly line of said Block 47, said point being half- way between the Southerly line of Islay Street and the Northerly line of High Street; thence on a direct line to a point on the Easterly side of Carmel Street, said point being half way between the Southerly line of Islay Street and the Northerly line of'High Street; thence Easterly and parallel to the Southerly line of Islay Street to a point on the Easterly line of Lot'l, Block 52 of the City of San Luis Obispo; thence Southerly along said lot line for a distance of 56.5 feet to a point, said point being the most Easterly corner of the above mentioned lot; thence Easterly and parallel to the Southerly line of Islay Street to a point, said point being the intersection of the above mentioned course and a line parallel to the Westerly line of Islay Street between the point where Islay Street angles Northerly and its intersection with Toro Street, said parallel line being distant 205 feet at right angles and Easterly from the Westerly line of Islay Street; thence Northerly along the above mentioned parallel line to its intersection with the Easterly line of Lot 11, Block 175 of the Loomists Addition to the City of San Luis Obispo as surveyed by H. C. Ward, October 1876, and filed with the County Recorder of San Luis Obispo County, California; thence Northwesterly along said Easterly line to a point, said point being the intersection of the above mentioned course and a line parallel to the above described Westerly line of Islay Street, said parallel line being distant 60 feet at right angles and Easterly from the Westerly line of Islay Street; thence on a direct line to the most.Southerly corner of Block 21 of the Central Addition to the City of San Luis Obispo as surveyed by George Story, May 1890, and filed with the County Recorder of San Luis Obispo County, California; thence Northwesterly along the South- easterly line of said Block 21 for a distance of 22.15 feet to an angle point; thence continuing along the Southeasterly line of said Block 21 to its intersection with the Northeasterly line of Lot 2, Block 21,'produced; thence Northwesterly along said -lot line to the Southerly line of Buchon Street; thence along the Southerly line of Buchon Street to the most Westerly corner of said Block 21; thence on a direct line to the most Northerly corner of Block 201 of the Dallidet Addition to the City of San.Luis Obispo, as surveyed by V. E. Woods, June 1900, and filed with the County Recorder of San Luis Obispo County, California; thence along the Southerly line of Buchon Street for a distance of 141.4 feet to the most Westerly corner of Lot 13, Block 201; thence Southerly along the Westerly line of said Lot 13 for a distance of 147.5 feet to a point; thence Westerly and parallel to the Northerly line of Islay Street to-a point, said point being on the Easterly line of Osos Street and halfway between the Southerly line of Buchon Street and the Northerly line of Islay Street; thence on a direct line to a point on the Westerly line of Osos Street, said point being half way between the Southerly line of Buchon Street and the Northerly line of Islay Street; thence Westerly and parallel to the Northerly line of Islay Street to a point on the Easterly line of Broad Street, said point being half way between the Southerly line of Buchon Street and the Northerly line of Islay Street; thence on a direct line to a point on the Westerly line of Broad Street, said point being half way between the Southerly line of Buchon Street and the Northerly line the Northerly line feet Westerly from ly and parallel to ly line of High St: High Street to the of , Islay Street; thei of Islay Street to a the Westerly line of the Westerly line of reet; thence Easterly point of beginning. ice Westerly and parallel -to point, said point being 275 Carmel Street; thence Souther - Carmel Street, to the Norther - along the Northerly line of The above description is general only and reference is here- by made to a plat entitled, "Diagram of Assessment District for the Improvement of Islay Street and a Portion of Toro Street.in the City of San Luis Obispo, California"., now on file in the office of the City Clerk of said City, upon which said plat the territory included with- in the district to be assessed,is indicated by a boundary line and which-said plat so on file shall govern for all details'as to the extent of said assessment district.- � M 4. That no amount or portion of the cost of such.proposed improvement is to be paid from any source other than special assess- ments upon the benefited property. 5. The statute under which it is proposed to conduct proceed- ings for the proposed improvement is the Act of the Legislature of the State of California commonly known as the fiImprovement Act of 1911 ", approved April 7, 1911, the title of which Act, as amended, now reads, "An act to provide for work in and upon"--public streets, avenues, lanes, alleys, courts, places, sidewalks, highways, roads and other public property and rights of way, in whole or in part, including property over which possession and right of use has been obtained under the provisions of section 14 of Article I of the Constitution within municipalities, or within unincorporated territory and one or more municipalities, or lying within two or more municipalities, and for establishing and changing the grades of any such public streets, avenues, lanes, alleys; courts, places, sidewalks, highways, roads, properties or rights of way., and providing for the repair and recon- struction of portions of streets, avenues, lanes, alleys; courts, sidewalks or places, and for the duties of officers and the procedure therefor and for the payment of the cost thereof; and providing for the issuance and payment of street improvement bonds to represent certain assessments for the cost thereof, and providing a method for the payment of such bonds ", with bonds to be issued as authorized under the Act of said Legislature commonly known as the rImprovement Bond Act of 1915 ", approved June 11, 1915, the title of which act, as amended, now reads, "An act to provide for the issuance of improve- ment bonds to represent and be secured by certain assessments made for the cost of certain work and improvements made in and upon streets, avenues, lanes, alleys, courts, places, and sidewalks within munici- palities and upon property and rights of way o4uned by municipalities and for the laying out, opening, extending, widening, straightening or acquiring in whole or in part of public streets, squares, lanes, Alleys., easements, courts and places within municipalities to provide for the collection of such assessments, the sale of the property affected thereby, and for the payment of the bonds so issued." Fred C. Kimball, Mayor ATTEST.: City Cler I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo at an adjourned meeting thereof held June 26, 1939, by the following vote, to-wit: AYES: W.H•Brazil,R.P.Howell, Ralph C.Kennedy Fred C.Kimball Joseph Leary NOES: None ABSENT: None - /' � V, VW" / City Cyrk (Seal) RESOLUTION NO. 429 (New Series) RESOLUTION DIRECTING PREPARATION OF INVESTIGATION REPORT BE IT RESOLVED by the City Council of the City of San Luis Obispo that Leonard Lenger, Street Superintendent and City Engineer of said City, is hereby appointed and designated to procure and pre- pare such information as may be required and make the report in the form and manner as set forth in Sec. 3 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", and covering that certain proposed improvement described in Resolution No. 428 (New Series) of said City Council entitled, "Preliminary Determination of Legislative body under 'Special Assessment Investi- gation, Limitation and Majority Protest Act of-19511".. heretofore adopted by said City Council on the 26th day of June, 1939, which Resolution is hereby referred to for a description of the nature, location and extent of such proposed improvement, of the boundaries of the district proposed to be assessed to pay the costs and expenses thereof, the statute or statutes under which i is proposed to con - duct proceedings, and for all other matters contained in said resolution. Fred C. M-all-.1 Mayor ATTEST: Sn' City Cler I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the .City of San Luis Obispo at an adjourned regular meeting thereof held June 26th, 1939, by the following vote, to -wit: AYES:W.A.Brazil,R.P. Howell, Ralph Q.Kennedy,Fred C.Kimball,Joseph Leary NOES: None ABSENT: None City C k (Seal) RESOLUTION NO. 430 (New Series) A RESOLUTION DETERMINING CORRECTION FACTOR WHEREAS, the City Council of the City of San Luis Obispo. by Resolution No. 429 (New Series) directed the preparation of an investi- gation report in connection with certain work proposed to be done on a portion of Islay Street, and a portion of Toro Street, in said City, and desires to use the taxation assessment rolls of the City of San Luis Obispo as a basis for computing the true value of the lands with- in the assessment district and for that purpose to establish a correc- tion factor to be used in the preparation of such report, Now therefore, upon satisfactory evidence furnished to said City Council, it is hereby found and determined as follows:- 1. That the total assessed valuation for municipal purposes of all taxable lands in the City of San Luis Obispo as the same is shown on the last equalized taxation assessment roll of said munici- pality is the sum of $2,228,885.00. 2. That the corresponding total assessed valuation of said lands in said municipality for county purposes as the same is shown upon the last equalized taxation assessment roll of the County of San Luis Obispo is the sum of $1,898,705.00. 3. That the total amount of said valuation for municipal purposes, divided by the total amount of said valuation for county purposes, the quotient being expressed io the nearest decimal of two places, is the figure 1.17, which said figure of 1.17 is hereby found and determined to be the correction factor to be used in the preparation of such report. Fred C. Kimball, Mayor ATTEST: City Cler r I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo at an adjourned regular session thereof held June 26, 1939, by the following vote, to -wit: AYES: W. H. Brazil, R. P. Howell, Ralph C. KennedyaFred C.KJmba ..Joseah Leary NOES: None ABSENT: None City Clerk RESOLUTION NO. 431 (New Series) RESOLUTION APPROVING REPORT AND FIXING TIME. AND PLACE.OF HEARING THEREON. WHEREAS.,-the City Council of the City of San Luis Obispo, did on the 26th day of-June, 1939, order the preparation by Leonard Lenger, Street Superintendent and City Engineer of the City of San Luis Obispo, of a report under the provisions of Sec. 3 of the IfSpecial assessment investigation, limitation and majority protest, act of 1931"., and covering certain proposed improvements on Islay Street and a portion of Toro Street, in the City of San Luis Obispo, and WHEREAS, said report has been duly completed and presented to this City Council, now, therefore, it is hereby RESOLVED, by the, City Council of the City of San Luis Obispo, that said report having been fully examined and considered by said City Council, the same is hereby approved, and it is hereby ordered that said report be forthwith filed with the clerk of this City Council, and that said clerk endorse thereon the fact and date of this approval; RESOLVED, further that this City Council hereby fixes the 14th day of-August--- , 1939, at the hour of 1:30 o7clock P.M., as the time for hearing upon said report, and hereby orders that said hearing shall be held and conducted by said City Council, at the City Council Chambers,,,.in'the.City Hall, in said City of-San Luis Obispo. The clerk of the City Council is hereby ordered and directed to give notice of said hearing in the time, form and manner provided by law. ai� �'X�f Fred C. Kimball, Mayor ATTEST: City Clerk i hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo at a regular meeting thereof held July .. 5th , 1939, by the following vote, to -wit: AYES :W.H.Brazil,R.P.Howell,Ralph C. Kennedy, Fred C.Kimball,doseph Leary NOES: None Absent: None City Clerk (Seal) RESOLUTION N0. 432 ,(New Series) PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER ESPECIAL ASSESSMENT INVESTIGATION, LIMITATION MID MAJORITY PROTEST ACT OF 1931". BE IT RESOLVED by the City'Council of the City of San Luis Obispo that certain improvements are proposed-to be done and made within the boundaries of the proposed assessment district hereinafter described. in connection therewith said City Council hereby finds and determines as follows, to -wit: 1. That the nature of the proposed improvements consists of the.. following: That Morro Street, from the Southerly line of Marsh Street, to a line across Morro Street described as follows: Commencing at the intersection of the Northerly line of Upham Street with the Westerly line of Morro Street; thence Easterly, along said Northerly line of Upham Street produced Easterly, to its intersection with the center line of Santa Barbara Avenue; thence Northerly along said center line of Santa Barbara Avenue to -its intersection with the Easterly line of Morro Street produced Southerly, be improved by paving said portion of Morro Street for the full width between curbs with a wearing surface consisting of a Two and one -half (22) inch road mix surface treatment, said wearing surface to be laid on top of a sub -base paving, which sub -base paving shall be laid and com- pleted in a manner other than through the proceedings h6tein_contem= N N the intersection of Morro and Leff Streets and at the intersection of Morro and Church Streets; and there is further excepted any work on any portion of said Morro Street occupied by cement concrete gutters. Nor shall any work be done which may be shown on the plans as not to be done. Reference is hereby made to a plan of such work and improve- ment for particulars relative thereto, which plan is entitled, "Plan and Details for the Improvement of a Portion of Morro Street in the City of San Luis Obispo, County of San Luis Obispo, Cal. ft,now on file in the office of the City Clerk of the City of San Luis Obispo, who is the Clerk of the legislative body of said City, and which said plan is open to public inspection. 2. The location and extent of the proposed improvement will involve the construction of the above described improvements upon the following described public street, within the boundaries of the pro- posed assessment district hereinafter described, to-wit: On Morro Street, in the City of San Luis Obispo, California, from the Southerly line of Marsh Street, to a line across Morro Street described as follows: Commencing at the intersection of the Northerly line of Upham Street With the Westerly line of Morro Street; thence Easterly, along said Northerly line of Upham Street produced Easterly,, to its intersection with the center line of Santa Barbara Avenue; thence Northerly along said center line of Santa Barbara Avenue to its intersection with the Easterly line of Morro Street produced South- erly.' 3.. The boundaries of the district of lands proposed to be specially assessed to pay the costs and expenses of such proposed.work and improvement are generally defined as follows, to -brit: Beginning at the most Northerly corner of Block No. 100 of the Mission Vineyard Tract in the City of San Luis Obispo, as said block now exists, a map of said tract is now on file in the County Recorderfs Office, San Luis Obispo County, California and entitled "Map of the Mission Vineyard Tract in the Town of San.Luis Obispo, M N surveyed by Harris & Lakin October 1872n; and running thence south - westerly along the southerly line of Marsh Street 194.3 feet to a point, which said point is equi-distant from the most westerly and the most northerly corners of- said Block 100; thence southeasterly parallel to and 194.3 feet southwesterly from the westerly line of Morro Street to a point in the .northerly line of Pismo Street and a point on the southerly line of Block No. -101 of Murray and Church's Addition to the City of San Luis Obispo, as said block is shown upon the map entitled "Map of Part of Murray and Church's Addition to the City of San Luis Obispo, Surveyed by H.C. Ward, City Surveyor, Sept. 1876" and recorded in Book A of Maps at Page 144 San Luis Obispo County Records; thence in a direct line southeasterly across Pismo Street to a point on the southerly line of said Pismo Street and a point on the northerly line of Block 102 of'.said.Murray and Church's Addition which said point is distant southwesterly 189.3 feet from the northerly corner of said Block No. 102 and 189.3 feet northeasterly from the most westerly corner of said block; thence southeasterly parallel to and 189.3 feet southwesterly from the Westerly line of said Morro Street to a point on the southerly line of Block 180 of- Loomis's Addition to the City of San Luis Obispo, as shown on the official map of said addition on file in the County Recorder's Office, San Luis Obispo, California, and entitled "Map of Loomis's Addition to the City of San Luis Obispo Surveyed by H. C. Ward City Surveyor, Oct. 187611 and recorded in Book A of Maps at Page 126, San Luis Obispo County Records; thence northeasterly along the southerly line of said Block 180 to the most easterly corner thereof; thence north- easterly in a direct line across Morro Street and Santa Barbara Avenue to the most southerly corner of -Lot 6. Block 181 of the Ingleside Homestead Tract as shown on the official map of said tract now on file in the County Recorder's Office, San Luis Obispo County, Calif- ornia and entitled "Map of the Ingleside Homestead Tract in the City of San Luis Obispo Cal. The property of Thomas Barrett, surveyed by Geo. Story City Engineer,'October 188711; said map being filed for record in Book A of Maps-at Page' 132; San Luis Obispo County Records; thence running from said last mentioned point northeasterly along the southerly line of said lot 6 to its intersection with the westerly line of the Southern Pacific Company right of way; thence northeasterly along the westerly line of said Southern Pacific Company's right of way and across said lot 6 and across a portion of lot 5 of said Ingle- side Homestead Tract-to a point on the - northeasterly line of said lot 5; thence northwesterly along the northeasterly line of said lot 5 and lot 4 of said Ingleside Homestead Tract to the most northerly corner of.said lot 4; thence southwesterly along the northerly line of said lot 4 to the most westerly corner thereof and a point on the easterly. line of Santa Barbara Avenue; thence southwesterly in a direct lime across Santa Barbara Avenue to the most southerly corner of Block 1 of Loomis and Osgoodts Addition as shown on the official map of said Addition on. file in the County Recorders Office, San Luis Obispo County California and entitled "Map of the Re-Subdivisions of frac- tional Blocks 176 and 181 of Loomis and Osgood's Addition to the City of San Luis Obispo California, Surveyed by Geo. Story, Nov. 1894tt and recorded in Book A of Maps at Page 125 San Luis Obispo County Records; thence northwesterly along the easterly line of said Block 1 to the most northerly corner thereof; thence northwesterly in a,direct line across Church Street to a'point on the northerly line of Church Street and a point on the southerly line of Block 176 of said Loomis and Osgoodts Addition; said point being distant northeasterly 59.58 feet from the most southerly corner of said Block 176; thence northwesterly parallel to the easterly line of Morro Street and 59.58 feet at right angles therefrom to a point on the southerly line of lot 7 of said Block; thence northeasterly along the southerly line of said lot 7 to the most easterly corner thereof; thence northwesterly along the easterly line of said lot 7' and lots 5 and 3 of said-Block to the most westerly corner of"lot 4 of said block; thence northeasterly 29.25 feet along the northerly line of said lot 4 to a point; thence N N northwesterly 60 feet across lot-2 of said block, parallel to the easterly line of Morro,Street and.!29.25 feet at right angles there- from to a point on the northerly.line of said lot and a point on the southerly line of Leff Street; thence northwesterly in a direct line across Leff Street to a point on the northerly line of Leff Street and a point on the southerly line of Block 171 of said Loomists Addition, which said point is distant northeasterly 138 feet from the most southerly corner of said block and 138 feet from the most easterly corner of said block; thence running from said last mentioned point northwesterly parallel to -and 138 feet easterly from the easterly line of said Morro.Street to a point on the southerly line of lot 7, Block 107 of the aforementioned Mission Vineyard Tract; thence Southwesterly 1.6 feet along the southerly line of said lot to a point; thence north- westerly parallel to the westerly line of said lot to a point in the northerly line thereof, which said point is distant northeasterly 141.4 feet from the most westerly corner .of said lot and 141.4 feet from the most northerly corner of said lot; thence northwesterly parallel to and 141.4 feet easterly from the easterly line of said Morro Street to a point on the northerly line of Block 105 of Mission Vineyard Tract as said block now exists and a point on the southerly- line of Marsh Street, said point being equi- distant from the most westerly and most northerly corners of said Block.105; thence southwesterly along the northerly line of said Block 105 and along the southerly line of Marsh Street to the point of beginning. The above description is general only and reference is here- by made to a plat entitled, "Diagram of Assessment District for the Improvement of a Portion of Morro Street in the Ci Californian, now on file in the office of the City upon which said plat the. - territory indluded"within assessed is indicated by a boundary line and which file shall govern for all details as.to the extent district. ty of San Luis Obispo, Clerk of said City, the district to be said plat so on of said assessment 4. That no amount or portion of the cost of such proposed improvement is to be paid from any source other than special assess- ments upon the benefited property. 5. The statute under which it is proposed to conduct proceed- ings for the proposed improvement is the Act of the Legislature of the State of California commonly known as the nImprovement Act of 1911 ", approved April 7,. 1911, the title of which Act, as amended, now reads, "An act to provide for work in and upon public streets, avenues, lanes, alleys, courts, places, sidewalks, highways, roads and other public property and'rights,.of way, in whole or in part, including property over which possession and right of use has been obtained under the provisions of section 14 of Article I of the Constitution within. Municipalities, or within unincorporated territory and one or more municipalities, or lying within two or more municipalities, and for establishing and changing the grades of any such public streets, avenues, lanes, alleys, courts, places, sidewalks, highways, roads, properties or rights of way, and providing for the repair and recon- struction of portions of streets, avenues, lanes, alleys, courts, side- walks or places, and for the duties of officers and the procedure there- for and for the payment of the cost thereof; and providing for the issuance and payment of street improvement bonds to represent certain assessments for the cost thereof, and.providing a method for the pay- ment of such bonds", with bonds to be issued as authorized under the Act of said Legislature commonly known as the ItImprovement Bond Act of 1915", approved June 11, 1915, the title of which act, as amended, now reads, "An act to provide for the issuance of improvement bonds to represent and be secured by certain assessments made for the cost of certain work and- improvements made in and upon streets, avenues, lanes, alleys, courts, places, and sidewalks within municipalities and upon property and rights of way owned by municipalities and for the laying out; opening, extending, widening, straightening or acquiring in whole or in part of public streets, squares, lanes, alleys, easements, courts and places within municipalities to provide for the collection of such assessments, the sale of the property affected thereby, and for the payment of the bonds so issued". Fred C. Kimball, Mayor , ATTEST : City C16fk I hereby certify that the foregoing resolution was duly and regularly adopted by the City Countil of the City of San Luis Obispo at 4 regular meeting thereof held July 5th. , 1939, by the following vote, to -wit: AYES: W.H.Brazil.R.P.HowellrRalph C.Kennedy Fred C.Kimbalj.,, TLosep Leary NOES: None ABSENT: None City Cler (Seal) RESOLUTION NO. 433 (New Series) RESOLUTION DIRECTING PREPARATION OF INVESTIGATION REPORT BE IT RESOLVED by the City Council of the City-of San Luis Obispo that Leonard Lenger, Street Superintendent and City Engineer of said City, is hereby appointed and designated to procure'and pre- pare such information as may be required and make the report in the form and manner as set forth in Sec. 3 of the- "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", and. covering that certain proposed improvement described in Resolution No. 432 (New Series) of said City Council entitled, "Preliminary Determination of Legislative body under ?Special Assessment Investi- gation, Limitation and Majority Protest Act of 19311", - heretofore adopted by said City Council on the fithr.day of July, 1939, which Resolution is hereby referred to for a description of the nature, location and extent of such proposed improvement, of the boundaries of the district proposed to be assessed to pay the costs and expenses thereof, the statute or statutes under which it is proposed to con- duct proceedings, and for all other matters contained in said resolution. Fred C. Kimball, Mayor ATTEST: City Cler I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo at a regular meeting thereof held July 5, 1939, by the following vote, to -wit: AYES: W.H.Brazil,R.P.Howell,Ralph C.Kennedy, Fred C.Kimball,Joseph Leary NOES: None ABSENT: 'None- . City r (Seal} 7111" RESOLUTION NO. 434 (New Series) A RESOLUTION DETERMINING CORRECTION FACTOR WHEREAS, the City Council of the City of San Luis Obispo by Resolution No. 433 (New Series) directed the preparation of an in- vestigatioh "report in connection with certain work proposed to be done on a portion of Morro Street in said City, and desires to use the taxation assessment rolls of the City of San Luis Obispo as a basis for computing the true value of the lands within the assessment dis- trict and for that purpose to establish a correction factor to be used in the preparation of such report, Now therefore, upon satisfactory evidence furnished to said City Council, it is hereby found and determined as follows:- 1. That the total assessed valuation for municipal pur- poses of all taxable lands in the City of San Luis Obispo as the same is shown on the last equalized taxation assessment roll of said munici- pality is the sum of $2,228,885.00. 2.. That the corresponding total assessed valuation of said lands in said municipality for county purposes as the same is shown upon the last equalized taxation assessment roll of the County of San Luis Obispo•is the sum of $1,888,705.00. 3. That the total amount of said valuation for municipal purposes, divided by the total amount of said valuation for county purposes, the quotient being expressed to the nearest decimal of two places, is the figure 1.17, which said figure of 1.17 is hereby found and determined to be the correction factor to be used in the preparation of such report. Fred C. gimbal , Mayor ATTEST: City Cle I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo at a regular session thereof held July 5, 1959, by the following vote, to -grit: AYES: W.H. Brazil. R.P.Howell.Ral2h_C.Kennedy.Fred C.Kimball Joseph Leary NOES: None ABSENT: None City'Cle RESOLUTION NO. 435 (New Series) RESOLUTION APPROVING REPORT AND FIXING TIME AND PLACE OF HEARING THEREON. WHEREAS, the City Council of-the City of San Luis Obispo, q did on the 5th day of July, 1938., order the preparation by Leonard Lenger, Street Superintendent and City Engineer of the City of San Luis Obispo,.of a report under the provisions of Sec..3 of the "Special assessment investigation,'limitation and majority protest, act of 1931", and covering certain proposed improvements on a por-- - tion of Morro Street, in'the City of.San Luis Obispo, and WHEREAS, said report has been duly completed and presented to this City Council., now, therefore, it is hereby RESOLVED, by the City Council of the City of San Luis Obispo, that said report having-been fully examined and considered by said City Council, the same is hereby approved, and it is hereby ordered that said report be forthwith filed with -the- -clerk of this City Council, and that said clerk endorse thereon the fact and date of this approval; RESOLVED, further that this City Council hereby fixes the __14th -day of August, 1939, at the hour of 7:30 o!clock P.M., as the time for hearing upon said report, and hereby orders that said hearing shall be held and conducted by said City Council, at"-the City Council Chambers, in the City Hall, in -said City of San Luis Obispo. The clerk of the City Council is hereby ordered and directed to give notice of said hearing in the time, form and manner provided by lair. Fred C. Kimball, Mayor ATTEST: e-, tt, e. e- � G j✓ City Clerk 0 I hereby certify that the - foregoing resolution vvas duly and regularly 'adopted -by the .City Council of the City of San Luis Obispo at an adjourned meeting thereof held July 10th,3_1939, by the, following vote,.to -wit: AYES: W-. H.Brazi1 .R. 0wej s soh Q.. Vennedy, Pre Pred Q.. KiMball. nr.e earl NOES: None ABSENTi. None City Cl (Seal) I RESOLUTION NO. 436_ (New Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING MEMORANDUM OF AGREMENT FOR EXPENDITURE.OF.1 /4 CENT GAS TAX ALLOCATED FOR STATE HIGHWAYS WHEREAS, the State of California, through its Depart - went of Public Works, Division of Highways, has presented a. memorandum of agreement in sccordance with a project statement submitted by the City for expenditure of the 1/4 cent gas tax for the 1939241, biennium 'allocated fo.r State highways in the City of Salk" L,uU Ottsp4 � and WHEREAS, the city council has heard read said agree- went- in full and is familiar with the contents thereof; THEREFORE, be it resolved by the city council of the City of san Luis Obispo that said agreement for ex- penditure of the 1/4 cent gas tax allocated for State high- ways be and the same is hereby approved-and the Mayor and the City Clerk are directed to sign.the same on behalf of said City. ADOPTED this 10th-day of 'TZ1.7, I ca Q Mayor of thei City of 3' ' ' Attest: City Clerk of the CM of 3 ern 3mms = Thereby certify that the foregoing resolution was duly, and regularly passed by the city council of the City of fSan :L at a regular meeting thereof held July 10th. , 1939. - Clerk of the y of ,pr)pu non -A __ _ _ _ �. ­ , V� - � •J. `_ .:•3 (.,r ,.. '•.-.i:. ..- - "i +. _ ..r .... ,fi �c;;l .. .. . �, s,: rl.'•i ... 'S -:. .. ?'.... .TL V .. r1 ,'C:..'�`J'.. s._ .V..J .. :.i 1 ,... _ •- .... ° �: (,d l..�. .-" --- • . ' .. yr, ���:... . '" \1. . ® . 47084 8 -97 TOM. EST. 388D , � w i ADDRESS ALL COMMUNICATIONS TO P. O. BOX 841 1.� G, 1 STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS ,l DIVISION OF HIGHWAYS DISTRICT V SO HIGUERA STREET SAN LUIS OBISPO. CALIFORNIA July 7, 1939 Mrs. Callie M. John, City Clerk, San Luis Obispo, Calif. J Dear Madam: PLEASE REFER TO FILE NO. V- SIO -SLO Attached for execution by the authorized city officials, Mayor and City Clerk, is Memorandum of Agreement in triplicate to provide for the expenditure of the 1/4¢ gas tax for State Highways in the City of San Luis Obispo for the 1939 -41 biennium. After execution in duplicate, the first and second copies of the Agreement, together with a certified copy of the Resolution approving it, are to be returned to this office for further handling. The triplicate copy is for your files. .Also attached in each copy of the Memorandum of Agreement is a suggested form of Resolution for execution of the Agreement by the City. An additional copy of the Resolution is also attached for your records. EFC : LEI Encl.s. cc -CiHP Very truly yours, L. H. GIBSON, District En 'veer, By Acting Dist. Office mgr. N M RESOLUTION NO. 437' (New Sbrids) A RESOLUTION DECLARING PORTIONS OF PACIFIC STREET, NORTH BROAD STREET; PALM STREET AND TORO STREET TO' BE AND CONSTITUTE BOULEVARDS. WHEREAS, under and pursuant,to the provisions-of Section 24 of Ordinance No. 122 (New Series) of the City of Sari Luis Obispo, entitled, I'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) il, the City Council of the City of San Luis Obispo is authorized to declare any street or portion of any street within the City of San Luis Obispo to be and constitute a boulevard. AND WHEREAS, said City Council is desirous of declaring a portion of Pacific Street, a portion of'North Broad Street, a portion of Palm Street and a portion of Toro Street to be and constitute boulevards. NOW THEREFORE., BE IT RESOLVED by the Council of the -City of San Luis Obispo as follows: That Pacific Street, from the westerly line of Carmel Street to the easterly line of Walker Street, extending across Pacific Street; that North Broad Street from the northerly line of Lincoln Street to the southerly line of Center Street; that Palm Street, from-the easter- ly line of Morro Street to the westerly line of Santa Rosa Street; and that Toro Street, from the northerly line of Peach Street to the norther- ly line of Hathway.Avenue are hereby declared to be boulevards for the purpose mentioned in Sec -tion 24 of said Ordinance No. 122 (New - Series). PASSED AND ADOPTED by the Qouncil'of the City of San -Luis Obispo this 10th day of July, 1939; by.the following_v`ote:- AYES: W.H. Brazil.R.F.Howell Pa nh r..Zanngd 9 Rrea . C 1 X IMb ;ogeph T.a ,.y NOES : liana .. ..__.. ABSENT: ATTEST: City Cle RESOLUTION NO. 438 -_(New Seri6s) A RESOLUTION PROVIDIN G.FOR THE EXECUTION OF- AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SMITE. BOOTH USHER COMPANY. 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 July. 17 , 1939 by and.between.Smith Booth Usher Company and the City of San Luis Obispo, relating to the lease of a water pump and gasoline engine. J 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_- July,. -1939-.,- by the following vote: AYES: W. H. Brazil,R.P. Howe 11.,Ralph C.Kennedy,Fred C,.Kimball, Joseph Leary NOES: done ABSENT: None Fred C , im 11, Mayor ATTEST: City. Clerk 1. RESOLUTION NO -439 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION.OF AN AGREEMENT BETWEEN "THE CITY OF SAN LUIS OBISPO AND CHRIST STEINER AND ELSIE STEINER. 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 July 13, 1939 by and between Christ Steiner and Elsie Steiner and the City of -San Luis Obispo, relating to the use and operation of a water well on the property of said Christ and Elsie Steiner. 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 the following vote: 17th. day of July, 193.9, by AYES: W.F.BrazilFR.P.Howell,Ralph C:KennedV.Fred G.Kimball, Joseph Leary NOES: None ABSENT: None Fred C. Kimball,.Mayor ATTEST: City Cler 1 RESOLUTION NO. 440. ,(New Series) A RESOLUTION PROVIDING FOR THE' EXECUTION' OF AN AGREEMENT 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 Lulls Obispo enter into that cer- tain agreement dated(July 17, 1939)by and between the City of San Luis Obispo and the County of San Luis Obispo relating to the performance by -the County Health Department of the County of San Luis Obispo of all health duties-within the City of San Luis Obispo. 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. /' (/ __ __ __ ___ //l PASSED AND ADOPTED this 24th day of(July, 1939; by the following vote: AYES: W•A. Brazil ,R.F.Howell,Ra1Ph C.Kennedy,Fred C. Kimball,'Toseph Leary NOES: None ABSENT: . None Fred C. Kimball,/Mayor ATTEST: _ / City ClerIV _ C RESOLUTION No..441 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS.OBISPO AND FEORGE M. P. ANHOLM AND, OTHERS.. -- 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 July 10, 19399 by and between George M. P. Anhom, Kirstine Anholm, Chris Anholm.and Johanne Anholm, and the City of San Luis Obispo,relating to=.the'drilling of a water well by said City on real property owned by said Anholms and the purchase of said by property by said City under certain conditions. And be it further resolted 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 24th -day of "July- 1939, by the following vote: AYES: W.A. Brazil, R.P. Howell, Ralph C.Ken nedy,Fred C. Kimball ,Jaseph Leary NOES: None ABSENT: None Fr4<d C. Kimball, Ma ATTEST: Ct&� Atv V0�4 City Clerk RESOLUTION N0. 442 (New Series) A RESOLUTION PROVIDfY G FOR THE EXECUTION OF AN_ AGREE -BENT BETWEEN THE CITY OF SAN LUIS OBISPO AND J. 'H. KIRK AND H_ . C,. ±KINSMAN -RE'= LATING TO THE CONSTRUCTION OF A. WATER -MAIN- ON CAUDILL STREET. BE IT RESOLVED by the'.dbuncil of, the City of San Luis Obispo as follows: That the City of San Luis Obispo enter into -:that certain agreement dated July 31, 1939 by and between said City and J. H. Kirk and Hi C. Kinsman relating to the construction of a water main on Caudill Street. PND 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 31st day of July, 1939, by.the following- vote: AYES :W.H.Brazil R.P. Howell, Ralph C.Kennedy,Fred C. Kimball. Joseph Leary NOES : - " None ABSENT; None ZVI r ATTEST: City Clerk C RESOLUTION NO. 443 (Neer Series) A RESOLUTION DECLARING A PORTION OF PISMO STREET TO BE AND CONSTITUTE A BOULEVARD. WHEREAS, under and pursuant to the provisions of Section 24 of Ordinance No. 122 (Neer Series). of the City of San Luis. Obispo, entitled, TTAn Ordinance Regulating Traffic Upon and the Parking of, Vehicles on the Public Streets of the City of San Luis ObispoTT, as amended by Ordinance No. 124 (New Series) entitled, "An Ordinance Amending Section 24 of Ordinance No.. 122 .(Nevi Series) TT, the City Council of the City of San Luis Obispo is authorized to declare any street or portion of any street within the City of San Luis Obispo to be and constitute a boulevard. AND WHEREAS, said City Council is desirous of declaring a portion of Pismo Street to be and constitute a boulevard. NOW THEREFORE, BE IT RESOLVED by the Council of the City - of San Luis Obispo as- follbws: ' �- That-Pismo Street from the Easterly line of Santa Rosa Street to the Westerly line-of Essex Street is hereby declared to. be a boulevard for the purpose mentioned in Section 24 of said ordinance No. 122 (Derr Series), provided, however, that the operator of a vehicle proceeding on Toro Street.in a Northerly direction need not stop before entering Pismo Street. PASSED AND ADOPTED this 31st day of July, 1939 by the following vote: AYES OII.H.Brazil,R.P.Howell,Ralph C. Kennedy,Fred C.Kimbelljoseph Leary NOES: None - -r ABSENT: ATTEST: City Clerk RESOLUTION NO.444 ­(New (New Series) DIRECTING THE CITY ENGINEER_ TO'FURNISH PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT -OF A PORTION OF MORRO STREET IN THE-CITY OF SAN LUIS OBISPO. RESOLVED that Leonard Lenger, City Engineer of the City of San Luis Obispo, be and he is hereby directed to furnish this Council with plans and specifications for the following work to 'be done and improvement to be made in said City, to -wit: That Morro Street, from the Southerly line of Marsh Street, to a line across Morro Street described as follows: Commencing at the intersection of the Northerly line of Upham Street with the Westerly line of Morro Street; thence Easterly, along said Northerly line of Upham Street produced Easterly, to its intersection with the center line of Santa Barbara Avenue; thence Northerly along said center line of Santa Barbara Avenue to its intersection with the Easterly line of Morro Street produced Southerly, be improved by paving said portion of Morro Street for the full width between curbs with a wearing surface consisting of a Two and one -half (22) inch road mix surface treatment, said wearing surface to be laid.on top .of a. sub -base paving, which sub -base paving shall be laid and com-- r pleted in a manner other than through the proceedings herein contem- plated and prior to the laying of such gearing surface. There is excepted from the work and improvement above mentioned any and all'such work already done to official line and grade, and there is excepted therefrom any duplication of work, it being the intention to describe only one improvement of the same class at any one point; there is further excepted therefrom any work at the intersection of Pacific Street with Morro Street, any work at the intersection of Buchon Street with Morro Street and any work at the intersection of Islay Street with Morro Street; and there is further excepted therefrom any work at those locations where cement concrete drainage dips are constructed to official grade at the intersection of _.Morro and Leff Streets-and-at-the intersection of. Morro and Church Streets; and-there is further'excepted any work on any portion of said-Morro Street occupied by cement concrete gutters. Nor shall any work be done which may be shown on the plans as not to be done PASSED AND ADOPTED this 31st day of JuIY by the following vote: , 1939, AYES :V%H. Brazil, R.P.Howe1l,Ralph C.IKennedy,Fred C.Kimball,Joseph Leary NOES: None ABSENT:- None Fred C. Kim'l al , Mayor - ATTEST City Clerk RESOLUTION NO.445 .(New Series) DIRECTIN G'THE CITY ENGINEER TO FURNISH PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF ISLAY STREET AND A PORTION OF TORO STREET, IN THE CITY OF SAN LUIS OBISPO RESOLVED that Leonard Lenger, City Engineer of the City of San Luis Obispo, be and he is hereby directed to furnish this Council with plans and specifications for the following work to be done and improvement to be made in said City, to -wit: That Islay Street, from the Northerly line of High Street to the Easterly line of,Toro Street, and Toro Street from the Southerly line of Buchon Street to a line across said Toro Street and ,extending from the most. Northerly corner of Block 175 of Loomisfs Addition to the City of San Luis Obispo to the most Souther- ly corner of Block 21 of the Central Addition to the City of San Luis Obispo, be improved by paving.Islay Street and said portion of Toro Street, for the full width between curbs with a wearing surface con- sisting of a Two and one -half (22) inch road mix surface treatment, said wearing surface to be laid on top of a sub -base paving, which sub -base paving shall be laid and completed in a manner other than through the proceedings herein contemplated and prior to the laying of such wearing surface. There is excepted from the work and improvement above mentioned any and all such "work already done to official line and grade, and there is excepted therefrom any duplication of work,-it being the intention to describe only one improvement of the same class at any one point; there is further excepted therefrom any work at.the intersection of Islay Street with Broad Street, and any work at the intersection of Islay Street with Osos Street; and there is further excepted therefrom any work at those locations where cement concrete drainage dips are constructed to official grade at the intersection of Islay Street and. Carmel Street and at the inter- section of Islay and Beach Streets; and there is further excepted any work on any portions of said Streets occupied.by cement concrete gutters.- Nor shall any work be done which may be shown on the plans as not to be done. PASSED-AND ADOPTED this 31st day of ..July , 1939, by the following vote: AYES: W..H.Brazil,R.P.Howe11,Ralph C.Kennedy.Fred - C.Kimb-8.11,_,Togenh_ Leery NOES: None ABSENT.: None Fred C. Kimball, Mayor ATTEST: -City Clerk 7 RESOLUTION. NO.. 446 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND LOWE SANITARY DISTRICT. 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 July 31st. , 1939 by and between Lowe Sanitary District and the City of San Luis Obispo, relating to the payment of a service charge by Lowe Sanitary District for the privilege of connecting property within said-district to the sewer system of the City of San Luis Obispo. 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 31st. day of July, 1939, by the following vote: AYES :.H'•Brazil,R.P.Howell;Ralph C'.Kennedy,Fred C. Kimball, Joseph Leary NOES: None ABSENT: None • - - -Fred C: gimball, Mayor ATTEST: City Clerk f RESOLUTION NO. 447 (New Series) yam' A RESOLUTION ACCEPTING A DEED FROM GIUDITTA: f MARZOEINNI AND CLARA HARDY. �� BE IT RESOLVED by the Council of the City of San Luis Obispo that that certain deed made and executed by Giuditta Marzorini and Clara Hardy conveyi.n� to the City of San Luis Obispo the following described property,- to --wit: Beginning at the intersection of the Southerly line of Islay Street, as such street is shown and delineated on the map entitled TTMap'of H. Dallidatls Addition to San Luis Obispo. surveyed by-H. C. Ward Aug. 1876f1, filed for record in the office of the County Recorder of said county in Vol. A of Maps at page 99, With the Northwesterly line of Lot No. l0 in Block No. 175,.as said lot and block are shown on the map entitled 11Map of Loomists Addition to the City of San Luis Obispo surveyed by H. C. Ward -, City Sur'- veyor Oct. 187611, filed' for record in the office of said County Recorder in Vol. A of Maps, page 126; thence North 370 091 W. 6.89 feet to the true point of beginning; thence North 180 16t E. 177.61 feet to a point; thence on a curve to the right with a radius of 25 feet to an intersection with the Westerly line of Osgood Street, as said street is shown on the map of said Loomi'sts Addition; thence North- westerly, along said 7esterly line of Osgood Street to the most Northerly corner of Lot No. 11 in Block No. 175 of said Loomists Addition; thence in a Southerly direction along and following the Westerly line of Lots 11 and.10 in said Block No. 175, to the point of beginning, be, and the-same is hereby accepted by the City of San Luis - Obispo. AND BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to cause said deed to be recorded in the office of the County Recorder of the of the County of San Luis .Obispo PASSED AND ADOPTED this 7th day of August, 1939, by the following vote: AYES: W- F- Bra�i.,R.P.Tv Ralph C.Kennedy,Fred c. kimbai.l,Josepb Leary NOES: None ABSENT:.-None Fred C. Kimball, -Mayor ATTEST: City Clerk i RESOLUTION No.448 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN -LUI_S OBISPO AND R. C . - HOYT, INC ..RELATING TO THE. "LEASE OF AN AUTOMOBILE TRUCK. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the City of San. Luis Obispo enter into that certain agreement, dated August 7, 1939, by and-between said'City' and R. C. Hoyt, Inc. relating to the lease of a 1937 Ford automobile truck, engine No. 18- 4032436. 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 8th. day of-August, 1939, by the following vote: AYES: V,H_.Brazil_,R.P_.Howell.Ralph C.Kennedy,Fred C.Kimball, Joseph Leary NOES.e None A BSENT: None red: : Ki a - Mayor ATTEST: f City Clerk RESOLUTION N0. 449 (New Series)- RESOLUTION OF REPORT BY LEGISLATIVE BODY ON INVESTIGATION REPORT HEARING. WHEREAS, the City Council of the City of San Luis Obispo, did on the 26th day of June, 1939, direct the preparation of an Investigation report under the provisions of Sec. 3 of the T'Special assessment investigation, limitation and majority protest act of 193111, covering the proposed improvement of Islay Street and a-por -- tion of Toro Street in the City of San -Luis Obispo, which.report has been duly Prepared and filed and was on the 5th day of July, 1939, duly approved by this�City Council., and WHEREAS, this City Council has heretofore ordered.that the hearing on said report should be held by itself, and WHEREAS, it appears from the affidavit of the clerk of this City Council on file, that notice'of said hearing has been duly-and legally given in.the time' form., manner and to the persons, all as provided in Sec. 6 of said act above mentioned, now, there- fore, it is hereby RESOLVED, FOUND AND DETERi<,IINED; by the City Council of the City of San Luis Obispo, that said City Council hereby makes the following report upon-said hearing, within ten days after the conclusion thereof, viz: 1. That the hearing upon said Investigation report has been held on the lath day of August, 1939, at the hour of 7:30 o'clock P.M. at the Council Chambers, in the City Hall, in the City 'of San Luis Obispo, and was fully completed-and concluded on said last mentioned date. 2. That at the commencement of said hearing, and before protests were considered, the investigation report above referred to (except as to the maps or plats attached.thereto and the assessed valuations and true valuations of assessments and estimated assess- - 1 - ments upon individual parcels of land) vas read and explained to those assembled in attendance at -.said hearing. 3. That,the approximate number of persons in attendance at said hearing was 24. 4. That the number of protests made against the proposed improvement described in the report was none. 5. That no written .protests were filed at or . before the time fixed for said hearing or during the progress. of-said hearing. 6. That no oral protests vvere made at or diiring_ the pro- gress of said hearing. I hereby certify that the foregoing resolution.was duly and regularly adopted by the City Council of the City of San. Luis Obispo at an adjourned regular meeting thereof held August 14th, 1939., by the follokving - -vote, :to -wit: _ AYES .-W,H.Brazil,R.?.Howell,Halph C.Kennedy,Fred C. Kimball, Joseph Leary NOES: BOne ABSENT: None City er Presented.to and approved by me_this 14th day of August, 1939. - Mayor - 2 - RESOLUTION NO. 450 (Neer Series) .RESOLUTION EXPRESSING DETERMINATION OF LEGISLATIVE BODY TO PROCEED WITH PROCEEDINGS FOR IMPROVEMENT. (After hearing before Legislative body) (Limitation not exceeded) . WHEREAS, the City Council of the City of San Luis Obispo, did on the 26th day of June, 1939, direct the preparation of an Investi- gation report under the provisions of Sec. 3 of.the T°Special assess- ment investigation, limitation and Majority protest act of 193111, covering the proposed improvement of Islay Street and a portion of Toro Street in -the City of San Luis Obispo, and WHEREAS, said report having been duly prepared and filed, a hearing was held thereon by this body in the manner provided in said Act above referred to, and WHEREAS, this City Council has heretofore and on the 14th day of August, 1939, adopted its resolution of report.on said last mentioned hearing, which said resolution of report was on the same .day filed- with the clerk of this C -ity Council, all in the time, form and manner required under the provisions of Sec. 8 of said act above referred to, and WHEREAS, less than thirty days-having expired since the date of filing of the report under Sec. 8 of.said Act above referred to, now, therefore; it is hereby RESOLVED, FOUND AND DETERMINED by the City Council of the City of San Luis Obispo, as follows,' to-V,.,1 t: 1. That the public interest, convenience and necessity require the doing and making of the public improvement set forth and des - cribed in said reports above referred to, and substantially in the manner therein set forth; 2. That the project consisting of the proposed improvement above referred to, is feasible; - - 1 - w h 3. That the estimated total amount proposed to be assessed upon any and all lots or parcels of land for the costs and expenses of said proposed improvement does not exceed the limitation of in- debtedness established and set forth in said Act above referred to, and will not by the levy thereof cause said limitation to be ex- ceeded in any instance; a. That no majority protest, in writing, has been filed by the owners of property proposed to be assessed to pay the costs and expenses thereof, against the proposed improvement above referred to, or any part thereof, in the manner provided in'Section.13a of said Act above referred to. 5. That it is hereby ordered that proceedings for-the making of said proposed improvement be undertaken pursuant to the provisions of an act of the Legislature of the State of California designated the tllmprovement Act of 191111 approved April 7, 1911, and amendments thereto, and that.bonds shall be issued to represent unpaid assess - ments pursuant to the provisions of-- an' act of - ,LeVgislature of the State of California designated the 11Improvement'Bond Act of 191511 approved June 11, 1915, and amendments thereto. I hereby.certify that the.foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo at an adjourned regular meeting thereof held August 14, 1939, by the following vote, to -wit: AYES :W.H.Brazil- ,R.P.Howell,Ralpb- C:K.e =edy, Fred C. Kimball, Joseph Leary HOES:— V one _ ABSENT: None City Cle .. Presented to and approved by me this 14th day of August, 1939. mayor RESOLUTION NO. 451. (Never Series) A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF ISLAY STREET AND A POR- TION OF TORO STREET IN THE CITY OF SAN LUIS - :. OBISPO BE IT RESOLVED by the Council of the City of San.Luis Obispo that the plans and specifications submitted by Leonard Lenger, City Engineer, of the City of San Luis Obispo, and filed .in the office of the City Clerk of said City on the 14th. day of August, 1939, for the improvement of Islay Street from the Northerly line of High Street to the 'Easterly line of Toro Street, and Toro Street from the Southerly line of Buchon Street to a line across said Toro Street and extending.from the most Northerly corner of Block 175 of "Loomis' s. Addition to the: City of San Luis Obispo to the most Southerly corner of Block 21 of the Central Addition to the City of ,San Luis Obispo, be, and the same are here- .by adopted as the plans.and specifications according to which said work shall be done. ; PASSED AND ADOPTED this 14th day of August, 1939, by the following vote: J AYES :N.H. Brazil ,x.p.Howell ,Ralph U'. Kennedy, Vred, C.Kimball,,Joseph Leary NOES: None ABSENT:. None Fred C. Kimball; Mayor ATTEST': City Clerk Cql-, RESOLUTION NO. 452 (Neer Series) .A,RESOLUTION APPROVING DIAGRAM OF AN ASSESS- MENT DISTRICT FOR THE IMPROVEMENT OF ISLAY STREET AND A PORTION OF TORO STREET IN THE CITY OF SAN LUIS.OBISPO. BE IT RESOLVED_ by the Council of the City of San Luis Obispo that that certain diagram entitled «diagram of assessment district for the improvement of Islay Street and a portion of Toro Street in the City of San Luis Obispo, Californ.iarr, be, and .the same is hereby approved. PASSED AND ADOPTED this 14th - day of August, 1939, by the following vote: AYES ;Yi.H.Brazil,R.F. Howell, Ralph C. Kennedy, Fred G. Kimball, Joseph Leary NOES: None ABSENT: None Fred C. Kimball, Mayor ATTEST : City. Clerk RESOLUTION OF INTENTION NO. 453 (New Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS . OBIS?O DECLARING ITS INTENTION TO IMPROVE ISLAY STREET AND A PORTION OF TORO'STREET, IN SAID CITY;_CREATING AN ASSESSMENT DISTRICT TO PAY THE COSTS A10 EXPENSES OF SUCH WORK AND DETERMINING THAT SERIAL PONDS SHALL BE ISSUED TO REPRESENT UNPAID ASSESSMENTS THEREON.. RESOLVED by the City Council of_ the City of San Luis Obispo, 0 County of San Luis Obispo, State of California, that the public interest and convenience require and that it is the intention of said City Council to order the following work to be done and improvement to be made in said City, to- -grit: That Islay Street, from the Northerly line of High Street to the Easterly line of Toro Street, and Toro Street from the Southerly line of Buchon Street to a line across said Toro Street and extending from the most Northerly corner of Block 175 of Loomis's Addition to the City of San Luis Obispo to the most Southerly corner of Block 21 of the Central Addition to the City of San Luis Obispo, be improved by paving Islay Street and said portion of Toro Street,-for the full - width -be- tween curbs with a wearing.surface consisting of a Two-and one -half (22) inch road mix surface treatment, said wearing surface to be laid on top of a sub -base paving, which sub -base paving shall be laid and completed in a manner other than through the proceedings herein contemplated and prior to the laying of such wearing surface. There is excepted from the work and improvement above mention- ed any and all such -4ork already done to official line and grade, and there is excepted therefrom any duplication of work, it being the inten- tion to describe only one improvement of the same class at any one point; there is further excepted therefrom any work at the intersection of Islay Street with Broad Street, and any work,at the intersection of Islay Street with Osos Street; and there is further excepted therefrom any work at those'loeations where cement concrete drainage dips are con- strutted to official grade at the intersection of Islay Street and Carmel - 1 - X11 Street and at the intersection of Islay.and. Beach Streets; and there . is further excepted any work on any portions of said- Streets', occupied by cement concrete gutters. Nor shall any work be done �uhicH may be shown on-the plans as not to be done. A-11 of the aforesaid work and improvement is' to be done in accordance -with the .plans and specifications made therefor by the City Engineer of the City of San Luis Obispo, and adopted as the -plans and specifications for said work and improvement by Resolution No. 4�51 (New Series) entitled,"A- resolution adopting plans and specifications for the improvement of Islay Street and a portion of Toro Street in the City of San Luis Obispo,i1 passed and adopted by said City Council on the 14th day of August, 1939. Such plans and specifications are now on file in the office of the-City Clerk of said -City of-San Luis Obispo, and are hereby referred to for a full and detailed description of said work and improvement and of the location at which the same is to be done. The elevation or grades to which said work.is to be done are shown on the plans above mentioned, and reference is hereby Imade to said plans and to the specifications above referred to, for a further des- cription of the grades to which said work is to be done. All grades between the grade points as shown on said plans, shall_ be on a straight line between said points. Any official grades heretofore established are hereby modified to conform to the changed elevations as above recited. Elevations are established according.to the heights in feet and decimals of a foot above city datum, which datum is the horizontal plane described in Section -1, of Ordinance 47, passed by the Board of Trustees of said City, December lst., 1890, and entitled, 11Ordinance No. 47, Establishing a base of vertical distances and fixing the grades of streets and sidewalks in the City of San Luis Obispo, State of CaliforniaT1. And whereas, said contemplated work'and improvement in the opinion of said City Council is of more than local or ordinary public benefit, said Council makes the expense of said work and improvement - 2 - chargeable upon a district, which district said City Council hereby declares to be the district benefitted by said work and' improvement.,and to be assessed to pay the costs and expenses thereof, which said district is bounded and described as follows, to -wit: Beginning at the most Westerly corner of Block 47 of the City of San Luis'Obispo as said block now exists, and as shown on a.map desig- nated as the ttOffici al Map of the City of San Luis Obispo', now on file in the County Recorder's Office of San Luis Obispo County, California; and running thence Easterly along the Northerly line of High Street for a distance of 126.5 feet to a point in the Southerly line of said Block 47, said point being half -way between the Southerly line of Islay Street -and the Westerly line of Carmel Street; thence Easterly and parallel to the Southerly line of Islay Street to a point on the Easterly line of said Block 47, said point being half -way between the Southerly line of Islay Street and the Northerly line of High Street; thence on a direct line to a point on the Easterly side of Carmel Street, said point being half -way between the Southerly line of Islay Street and the Northerly line of High Street; thence Easterly and parallel to the Southerly line of Islay Street to a point on the Easterly line of Lot 1, Block 52 of the City of San Luis Obispo; thence Southerly along.said lot line -for a distance of 56.5 feet to a point, said point being the most Easterly corner of the above mentioned lot; thence Easterly and parallel to the Southerly line of Islay Street to a point, said point '-being the inter- section of the above mentioned-course and a line parallel to the West= erly line of Islay Street between the point where Islay Street angles Northerly and its iritersectibn with Toro Street,'said parallel line being distant 205 feet `at right angles, and Easterly from the Westerly. line of Islay Street; thence Northerly along the above 'mentioned parallel line to its intersection with the Easterly line of Lot 11, Block 175 of the Loomists Addition to the City of San Luis Obispo as surveyed by H. C. Ward, October 1876, and filed with the County Recorder of San Luis Obispo County, California; -thence Northwesterly along said - 3 - Easterly line to a point, said.point being the intersection of the above mentioned course and a line parallel to the above described - Westerly line of Islay Street, said parallel line being distant 60 feet at right angles and Easterly from the Westerly line of Islay Street; thence on a direct line to the most Southerly corner of Block 21 of the Central Addition to the City of San Luis Obispo as surveyed by George Story, May 1890, and filed with the County Recorder of San Luis Obispo County, California; thence Northwesterly along the Southeasterly line of said Block 21 for a distance of 22.15 feet to an angle point; thence continu- ing along the Southeasterly line of said Block 21 to its intersection with the Northeasterly line of Lot 2, Block 21, produced; thence North- westerly along said lot line to the Southerly line of Buchon Street.; thence -along the Southerly line of Buchon Street to the most Westerly corner of said Block 21; thence on a direct line to the most Northerly corner of Block 201 of the Dallidet Addition to the City of San Luis Obispo, as surveyed by V. H: Woods, June 1900, and filed with the County Recorder.of San Luis Obispo County, California; thence along the Southerly line of Buchon Street for a distance of 141.4 feet to the most Westerly corner of -Lot 13, Block 201; thence Southerly along the Westerly line of said Lot 13 for a distance of 147.5 feet to a point; thence Westerly and parallel to the Northerly line of Islay Street to a point, said point being on the Easterly line of.Osos Street and half- way between the Southerly line of Buchon Street and:the Northerly line of Islay Street; thence on a direct line to a point on the Westerly line of Osos Street, said point being half -way between the Southerly line of Buchon Street and the Northerly line of Islay Street; thence Westerly and parallel to the Northerly line of Islay Street to ,a point on the Easterly line of Broad Street, said point being half -way between the Southerly line of Buchon Street and the Northerly line of Islay Street; thence on a direct line to a point on the Westerly line of Broad Street, said point being half -way between the Southerly line of Buchon Street and the Northerly line of Islay Street; thence Westerly and parallel to the Northerly line of Islay Street to a point, said point being 275 feet Westerly from the Westerly line of Carmel Street; thence Southerly and parallel to the Westerly line of Carmel Street, to the Northerly line of High Street; thence Easterly along the Northerly line of High Street to the point of beginning. The above description is general only and reference is here- by made to a plat entitled, "Diagram of Assessment District for the Improvement of Islay Street and a Portion of Toro Street in the City of San Luis Obispo, Californialt, now on file in the office of the-City Clerk of said City, upon Which said plat the territory included vrithin the district to be assessed is indicated by a boundary line and which said plat soon file shall govern for all details as to the extent of said assessment district. Said City Council further declares that all public streets, avenues, lanes, alleys and public ways contained within the above des- cribed district, the same being in use in the performance of a public function, to- -grit: As such public streets, avenues, lanes, alleys and public ways, shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said work and improvement. Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of four. (4) per cent per annum, will be'issued,.hereunder in the manner provided'by the improve- ment bond act of 1915, as amended, the last installment of which bonds shall mature four (4) years from the secornd day of July next succeeding ten (10) months from their date. Except as hereifiabove- otherwise provided for the issuance of said serial bonds all of the herein proposed Work shall be donE in pursuance of an Act of the Legislature of the State-of Caiifornia, des= ignated the ItImprovement Act of 1911 ". approved April 7th, 1911, and amendments thereto. - 5 - And notice is further given that Friday the lst day of September, 1939, at the hour of 9: 00� o'clock A. tai. of said- day, and .at the Council Chambers of the City Council of.-said-City-of San Luis Obispo, are hereby and hF,ve been fired as the time and place when and where any and all persons having any objections to the proposed work and improvement or against the district described herein or to the proposed grade at which said work is to'be done or to the pro posed modification of grade above mentioned, may appear before said City Council and show cause why -said proposed improvement should not be carried out in accordance with this resolution of intention. Notice is hereby given that the reports required by Section 3 and Section 8 of the IfSpecial assessment investigation, limitation and majority protest act of 19310 and all other pro- ceedings required by said Act are now on file with the.City Clerk of the City of San Luis Obispo and the same -may be examined at the office of said City Clerk in the City Hall of the City of San Luis Obispo. The IfTelegram- Tribune". a daily newspaper published and circulated in said City is hereby designated as the rewspaper in which this resolution shall be published in the manner and form required by lazy. The Superintendent of Streets, of said City is hereby directed to post notices of the passage of this resolution of intention and the Clerk of said City "is hereby directed to cause this resolution of intention td be published twice in °said news- paper in the manner required`by, law. . I hereby certify that the foregoing resolution was duly and "regularly introduced and adopted by the City Council of the City of San Luis Obispo at an adjourned regular meeting thereof duly held on the 14th day of August, -1939; by the following vote: AYES: W.H.Bratil,R.F. Howell, Ralph C.Kennedy,Fred C.Kimball,Joseph Leary NOES • 'None ABSENT:- None City. perk Presented to and approved by me this 14th day of August, 1939. Mayor.. _ nr - 7 7 RESOLUTION N0. 454 (New Series) RESOLUTION OF REPORT BY LEGISLATIVE BODY ON INVESTIGATION REPORT HEARING." _ WHEREAS, the City Council of the City of San Luis Obispo, did on the 5th day of July, 1939, direct the preparation of an Investigation report under the provisions _of Sec. 3 of the T ►Special assessment investigation, limitation and majority protest act of 1931TT, covering the proposed improvement of a portion of Morro Street in the City of San Luis Obispo, which report has been duly prepared and filed and was on the 10th day of July, 1939, duly'- approved by this City Council, and WHEREAS, this City Council has heretofore ordered that the hearing on said report should be held by itself, and WHEREAS, it appears from the affidavit of the clerk of this City Council on file, that notice of said hearing has been duly and legally given in the time, form, manner and to the persons, all- as.-provided- in- Sec-. -6 of--said--act above mentioned; - now, there- fore,, it is hereby RESOLVED, FOUND PND DETE �1INED, by the City Council of the City of San Luis Obispo, that said City Council hereby makes..- the follov.,ing report upon said hearing, within ten days after the conclusion thereof, fiz:.�, •,. 1. That the hearing upon said Investigatioi.Y6port has been held on the 14th day of August, 1939, at the'hour of 7 :30 o'clock P.M. at the Council Chambers., it the-City-.Hall., in the City of San Luis Obispo, and was fully coinpleted`,and concluded "one said last mentioned date. a . 2. That'at the commencement of said hearing, and before protests were considered- the investigation report above referred to (except as to the ?reaps or plats attached thereto and the assessed valuations and true valuations of assessments and estimated assess- - 1 - 0 ments upon individual parcels of land)"was read and explained to those assembled - in-attenddnce at said hearing. 3. That the approximate number of persons in attendance at said hearing was 24. 4. That the number of protests made against the proposed improvement described in the report was none. 5. That no written protests were filed at or before the time fixed for said hearing or during the progress of said hearing. 6. That no oral protests were made'at or during the pro- gress of said hearing. Z hereby certify that the 'foregoing resolution was.duly and regularly adopted by the City Council of the City of San Luis Obispo at an adjourned regular meeting thereof held August 14th, 1939, by the following vote, to-wit: AYES: d.H.Brazil.q.P.Loi7ell,Ralph C. Kennedy,Fred C.Kimball_- Joseph. Leary NOES: —None ABSENT: None. City ogllerk -- Presented to and approved by me this 14th dar of August; 1939. Mayor. - 2 - i 01 RESOLUTION NO. 455 (New Series) RESOLUTION EXPRESSING DETERMINATION OF LEGISLATIVE BODY TO PROCEED IRITH PROCEEDIIITGS FOR -IMPROV :LATENT . _ (After hearing before- Legislative body) (Limitation not exceeded) 171HEREAS, the City Council of the City of San Luis Obispo, did on the 5th day of July, 1939, direct the preparation of an Investi- gation report under the provisions-of Sec. 3 of the "Special assess- ment investigation, limitation and majority protest act of 193111, covering the proposed improvement of a portion of Morro Street in the City of San Luis-Obispo, and YTH REAS, said report having been duly prepared and filed, a hearing was held thereon by this body in the manner provided in said Act above referred to, and V %THEREAS, this City Council has heretofore and on the 14th day of August, 1939, adopted its resolution of report on said last mentioned hearing, Thich said resolution of report was on the same day filed Frith the clerk of this City Council, all in the time, form and manner recuired.under the provisions of Sec. 8 of said act above referred to, and ZiiHEREAS, less than thirty days having expired since the date of filing of the report under Sec. 8 of said Act above referred to, note, therefore, it is hereby RESOLVED, FOUND AND.DETERMINED by the City Council of the City of San Luis Obispo, as follows, to -grit: 1. That the public interest, convenience and necessity require the doing and making- of the public improvement set forth and des- cribed in said reports above referred to, and substantially in the manner therein set forth; 2. That the project consisting of the proposed improvement above referred to, is feasible; 3. That the estimated total amount proposed to be assessed upon any and all lots or parcels of land for.-the costs and expenses - 1 - of said proposed improvement does not exceed the limitation of in- debtedness established and ,set forth in-said Act above referred to, and will not by the levy thereof cause said limitation to be ex- ceeded in any instance; 4. That no majority protest, in ;writing, has been filed by the owners of property proposed to be assessed to pay the costs and expenses thereof, against the proposed improvement above referred to, or any part thereof, ixa the manner provided in Section 13a of said Act above referred to. 5. That it is hereby ordered.that proceedings for the making of said proposed improvement be undertaken pursuant to the provisions of an act of the Legislature of the State of California designated the "Improvement Act of 1911Tt approved April 7, 1911, and amendments thereto, and that bonds shall be issued to represent unpaid assess- ments pursuant to the provisions of an act of Legislature of the State of California designated the 1'Improvement Bond Act of 191517 approved June 11,1915, and amendments thereto. T hereby certify that the foregoing resolution was duly and regularly adopted by the City Couhcil of the City of San Luis Obispo at an adjourned regular meeting thereof herd August 14, 1939, by the fol-lowing vote, to -:Tit: AYES fyv.U. Brazil, R ..P. Howell. Ralph.C.Kennedy,Fred C. Kimball, Joseph Leary NOES: Zone ABSENT:_ Sl one City Cl rk Presented to and approved by me this 14th day of August, 1939. Mayor. r ' RESOLUTION NO._ 456 . (New Series) A RESOLUTION ADOPTING PLANS -AND SPECIFICATIONS FOR.TAE IMPROVEMENT OF A PORTION OF MORRO STREET IN THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo that the plans-and specifications submitted by Leonard Lenger, City Engineer of the City of San Luis Obispo and filed in the office of the City Clerk of said City on the .14th day of August, 1939, for the improvement of Morro Street, from the Southerly line of Marsh Street to a line across Morro Street described as follows: Commencing at the intersection of the Northerly line of Upham Street -with the lgesterly line of Morro Street; thence Easterly; along said.Northerly line of Upham Street produced Easterly, to its intersection with the center line•of Santa Barbara Avenue; thence Northerly along said center line of Santa Barbara- Avenue__to its intersectian with the Easterly line of Morro Street produced Southerly, be, and the same are hereby adopted as the plans and specifications according to which said work shall be done. PASSED AND ADOPTED this 14th day of August, 1939, by the folloting vote: AYESVV.R. Brazil, R.P.Howell,Ralph.C.Kennedy,Fred C.Kimball, Joseph teary NOES: None ABSENT: None red C. KinffaTl, Mayor ATTEST: City Clerk RESOLUTION NO. 457 (New Series) A RESOLUTION APPROVING DIAGRAM OF ASSESSMENT DISTRICT FOR THE IMPROVEMENT OF A PORTION OF MORRO STREET IN THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED,by the Council of the City of San Luis Obispo that.th.at certain diagram entitled "diagram of assessment district for the _improvement of a portion of Morro Street in the. City of San Luis Obispo, Californian; be,.and the same is hereby approved. PASSED AND ADOPTED this 14th day of August, 1939, by the following vote: AYES :'�W.H.Brazil.R.P.Howell,Ralph C. Kennedy, Fred C. Kimball;Joseph Leary NOES:— None ABSENT: None s F -red C. Kimb 11, mayor ATTEST: City Clerk RESOLUTION OF INTENTION NO. 458 (New Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING ITS INTINTION_TO IMPROVE A PORTION OF MORRO STREET, IN SAID CITY; ', CREATING AN ASSESS= MENT DISTRICT TO PAY THE COSTS AItD EXPENSES OF SUCH WORK AND DETERMINING THAT-SERIAL BONDS SHALL BE ISSUED TO.REPRESENT UNPAID ASSESSMENTS THEREON. - D RESOLVED by the.City.:Council pf.the City of San Luis Obispo, County of San Luis Obispo, State of California, that the public interest and convenience require.- and that it is the intention of said City Council to order.the following work to be done and improvement to be made in said City, to -wit: That Morro Street, from the Southerly line of Marsh Street, to a line across Morro Street described as follows: Commencing at the intersection of the Northerly line of Upham Street with the Westerly line of Morro Street;. thence- Easterly, along said Northerly line of Upham Street produced Easterly, to its intersection with the center line of Santa Barbara Avenue; thence Northerly along said center line of Santa Barbara - Avenue to its intersection with the Easterly line of Morro Street produced Southerly, be improved by paving said portion of Morro Street for the full Width between curbs with a wearing surface consisting of a Two.and one -half (22) inch road mix surface treatment, said wearing surface to be laid on 'top of a - sub -base paving, which sub -base paving-shall be laid and completed in a manner other than through the proceedings herein contemplated and prior to the laying of such wearing surface. There is excepted from the work-and improvement above mentioned r any and all such work already done to official line and grade,.and there is excepted therefrom any duplication of, work, it being the intention to describe only one improvement of the same class at any one point; tlxere is further excepted therefrom any work at the intersection of Pacific Street with 1,11orro Street, any work at the intersection of Burl on Street �i 1 - Of with Morro Street and any work at the intersection of Islay Street with Morro Street; and there is further excepted therefrom any work at those locations inhere cement concrete drainage dips are constructed to offi- cial grade at the intersection of Morro and Leff Streets and at the intersection of Morro and Church Streets; and there is further excepted any work on any portion of said Morro Street occupied by cement concrete gutters. Nor shall any work be done which may be shown on the plans as not to be done. All'of the aforesaid work and improvement is to be.done in accordance with the plans and spocifications made therefor by the City Engineer of the City of San Luis Obispo, and adopted as the plans and specifications for said work and improvement by Resolution No. 456 (New Series) entitled, na resolution adopting plans a nd.specifications for the improvement of a portion-of Morro Street in the City of San Luis Obispo,is passed and adopted by.said City Council on the 14th day of August, 1939. Such plans and specifications are now on file in the office of the City Clerk of said City of San Luis Obispo, and are here- by referred to for a full and detailed description of said work and improvement and of the location at which the same is to be done. The elevation or grades to which said work is to be done are shown on the plans above mentioned, and reference is hereby made to said plans and to the specifications above referred to, for a further-des- cription of the grades to which said work is to be done. All grades between the grade points as shown on said plans, shall be on a straight line between said points. Any official grades heretofore established are, hereby modified to conform to the changed elevations as above recited. Elevations are established according to the heights in feet and decimals of a foot above city datum, which datum is the horizontal plane described in.Section 1, of Ordinance 47, passed by the Board of Trustees of said City, December lst., 1890, and entitled, "Ordinance No. 47, Establishing a base- of'vertica.l distances and fixing the grades of streets and sidewalks in the City of San Luis Obispo, State of California'?. - 2 - And whereas, said contemplated work and improvement in the opinion of said City Council is of more.than local or ordinary public benefit, said Council makes the expense of said work and improvement chargeable upon a district, which district said City Council hereby declares to be the district benefitted by said work and improvement and to be assessed to pay the costs and expenses thereof, which said district is bounded and described as follows, to -wit: Beginning at the most Northerly corner of Block No. 100 of the Mission Vineyard Tract in the City of San Luis Obispo, as said block now exists, a map of said tract is now on file in the County Recorder's Office, San Luis Obispo County, California and entitled "Map of the Mission Vineyard Tract in the Town of San Luis Obispo, surveyed by Harris & Lakin October 1872'x; and running thence south- westerly along the southerly line of Marsh Street 194.3 feet to a point, which said point is equi- distant from the most westerly and the most northerly corners of said Block 100; thence southeasterly parallel to and 194.3 feet southwesterly from the westerly line of Morro Street to a point in the northerly line of Pismo Street and a point on the southerly line of Block No. 101 of Murray and Church's Addition to the City of San Luis Obispo, as said block is shown upon the map entitled "Map of Part of Murray and Church's Addition to the City of San Luis Obispo, Surveyed by H. C. Ward, City Surveyor, Sept. 1876" and recorded in Book A of maps at Page 144 San Luis Obispo County Records; thence in a direct line southeasterly across Pismo Street to a.point on the southerly line of said Pismo Street and a point on the northerly line of Block 102 of said Murray and Church's Addition which said point is distant southwesterly 189.3 feet from the northerly corner of.said Block No. 102 -and 189.3 feet northeasterly from the most westerly corner of said block; thence southeasterly parallel to and 189.3 feet south- westerly from the westerly line-of said Morro Street to a point on the southerly line of Block 180 of Loomis's Addition to the City of San Luis Obispo, as shown on the official map of said addition on file in the County Recorder's Office, San Luis Obispo, California, and entitled "Map -3-. of Loomis's Addition to the City of San Luis Obispo Surveyed by H. C. Ward City Surveyor, Oct. 187611 and recorded in Book A of Maps at Page 126, San Luis Obispo County Records; thence northeasterly along the southerly line of said Block•180 to the most easterly corner thereof; thence northeasterly in a direct line across Morro Street and Santa Barbara Avenue to the most southerly corner of Lot 6, Block 181 of the Ingleside Homestead Tract as shown on the official map of said tract now on file in the County Recorder's Office, San Luis Obispo County, California and entitled 11Mrap of the Ingleside Homestead Tract in the City of San Luis Obispo Cal. The property of Thomas Barrett, surveyed by Geo. Story City Engineer, October 188711, said map being filed for record in Book A of Maps at Page 132, San Luis Obispo County Records; thence running from said last mentioned point northeasterly along the - southerly line of said lot 6 to its intersection with the westerly line of the Southern Pacific Company right of way; thence northeasterly along the westerly line of said Southern Pacific Company's right of way and across said lot 6 and across a portion of lot 5 of said Ingle- side Homestead Tract to a point on the northeasterly line of said lot 5; thence northwesterly along the northeasterly line of said lot 5 and lot 4 of said Ingleside Homestead Tract to the most northerly corner of said lot 4; thence southwesterly along the northerly line of said lot 4 to the most westerly corner thereof and a point on the easterly line of Santa Barbara Avenue; thence southwesterly in a direct line across Santa Barbara Avenue'to.the most southerly corner of Block.l of Loomis and Osgood's Addition as shown on the official map of said Addition on file in the County Recorder's Office, San Luis Obispo County California and entitled,iYap.of the Re- Subdivisions of frac- tional Blocks 176 and 181 of Loomis and Osgood's Addition to the City of San Luis Obispo California, Surveyed by Geo. Story, Nov. 189411 and recorded in Book A of Maps at Page 125 San Luis Obispo County Records; thence northwesterly along the easterly line of said Block 1 to the most northerly corner thereof; thence northwesterly in a direct line .. A _ across Church Street to a point on the northerly line of-Church Street and a point on the southerly line of-Block 176 of said Loomis and Osgoodts Addition; said point being distant northeasterly 59.58 feet from the most southerly corner of. said Block 176; thence northwesterly parallel to the easterly line of Morro Street and 59.58 feet at right angles therefrom to a point on the,southerly line of lot 7 of said Block; thence northeasterly along the southerly line of said lot 7 to the most easterly corner thereof; thence northwesterly along the easterly line of said lot 7 and lots 5 and 3 of said Block to the most westerly corner of lot 4 of said block; thence northeasterly, 29.25 feet along the northerly line of said lot 4 to-a point; thence northwesterly 50 feet across lot 2 of said block, parallel to the easterly line of Morro Street and 129.25 feet at right angles there- from to a -point on the northerly line of -said lot and a point on the southerly line of Leff Street; thence northwesterly in a direct line across.Leff Street tb,a point on the northerly line of Leff Street and a point on the southerly line of Block 171 of said Loomis's Addition, which said point is distant northeasterly 138 feet from the most southerly corner of said block and 138 feet from the most easterly corner of said block; thence running from said last mentioned point northwesterly parallel to and 138 feet easterly from the easterly line of said Morro Street to a point on the southerly line of lot 7, Block 107 of the -afore mentioned Mission. Vineyard- Tract;•thence southwesterly 1.6 feet along the southerly line of said lot to a point; thence north- westerly parallel to the westerly-line of said lot to a point in the northerly line thereof, which said point is distant northeasterly 141.4 feet from the most westerly corner of said lot and 141.4 feet from the most northerly corner of "said lot; thence northwesterly parallel to and 141.4- feet easterly from the easterly line,of said Morro Street to a. point on the northerly line of Block 105_of Mission Vineyard Tract as said blocs now exists and a point on the southerly line of Marsh Street, said point being equi- distant from the most westerly and most northerly corners of said Block 105; thence southwesterly along the 5 northerly line of,said Block =105 and along the southerly line of Marsh Street to the point of beginning. The above 'description is general only and reference is here- by made to a plat entitle Improvement of-a Portion California", now on file upon which said plat the assessed is indicated by =d, "Diagram of Assessment of Morro Street in -the- Ci, in the office of the City territory included within a boundary line and which District for the ty of San Luis Obispo, Clerk of said City,. the district to be said plat so on file shall govern for all details as to the extent of said assessment district. Said City Council further declares that all.public streets, avenues, lanes, alleys and public. ways contained within the above"des- cribed district, the same being in use in the performance of a public function, to -wit: As such public streets, avenues, lanes, alleys and public ways, shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said work and improvement. Notice is hereby given that serial..bonds to represent unpaid assessments, and bear interest at the rate of four (4)-per cent per annum, will be issued hereunder in the manner provided by the improve- ment bond act of 1915, as amended, the last installment of which bonds shall mature four (4) ,years from the second day of July next succeeding ten (10) months from their date. Except as hereinabove othervdse provided for the issuance of said serial bonds all of the herein proposed work shall be done in pursuance of an Act of the Legislature of the State of California,'des- ignated the ITlmprovement Act of 1911115 approved April 7th, 1911, and amendments thereto. And notice is further given that Friday the lst day of September, 1939, at the hour of 9:00 o'clock A.M. of said day, and at the Council Chambers of the City Council of said City of San Luis Obispo, are hereby and have been fixed as the time and place when and -6- where any and all persons having any objections to the proposed'work and improvement or against the district described herein or to the pro- posed grade at which said work,is to be done or to the-proposed modifi- cation of grade above mentioned, may appear before said City Council and show cause why said proposed improvement should not be carried out in accordance with this_Resolution of Intention. Notice is hereby given that the reports required by Section 3 and Section 8 of the {'Special assessment investigation; limitation and majority protest act of 193111, and all other proceedings required by said Act are now on file with the City Clerk of the City of San Luis Obispo.and the same may be examined at the office of said City Clerk in the City Hall of the City of San Luis Obispo. The T'Telegram- Tribunelf, a daily newspaper.published and circulated--in said City is hereby - designated as the newspaper in which this resolution shall be published in the manner and form required by law. The Superintendent of Streets of said City is hereby directed'to post notices of the passage of this Resolution of Inten- tion and the'Clerk of said City is hereby directed to cause this Resolution of Intention.to be published twice in said newspaper in the manner required by law. T hereby certify that the foregoing.resolution was duly and regularly introduced and adopted by the {City Council of the City of San Luis Obispo at an,- adjourned regular meeting thereof duly held on the 14th day of August;- 193.9,,, by the following vote: AYES: 1pb C.Kennedy,Fred C.Kimball,Joseph Leary NOES:. None ABSENT: None City r Presented to and approved by me this 4th day of A14,gust, 1939. Mayor - 7 - RESOLUTION NO: 459 (New Series) A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS FOR THE IMPROVLMEINT OF A PORTION OF STATE HIGH- WAY NO. TWO WITHIN THE CITY OF SAN LUIS OBISPO BE IT RESOLVED by the_Council of the City of San Luis Obispo that the plans and specifications submitted by Leonard Lenger, City Engineer of the City of'San Luis Obispo and filed in the office of the City Clerk of said City on the 14th day of August, 1939, entitled "City of San Luis Obispo, State of California, Special Provisions;: Proposal and Contract for the improvement of Higuera Street from South City Limit to Marsh Street, Marsh Street from Osos Street to Santa Rosa Street, Santa Rosa Street from Higuera Street to Monterey Street, in the City of San Luis Obispolt, be, and the same are hereby adopted as the plans and specifications according to which said work shall be done. PASSED AND ADOPTED this `14th day: of Auguust, 1939; by the following vote: AYES:VY.H.Braxil H.P.Howell Ral h C.Kennsdy,Fred C. Kimbsll,Josenh Leaiy NOES: None ABSENT: None red C. Kimball, Mayor ATTEST: City C1 _. - ' RESOLUTION NO. 460 (New Series) A RESOLtTION xCCEPTING A NEW FRZ-TCHISE BOND FROiI. t ION OIL• COKPANY OF CALIFORNIA. WHEREAS-by ordinance No 1.58 of the City of San Luis Obispo entitled IT-Granting to Producers 'Transportation Company a AI franchise to construct, operate and maintain pipelines to carry petroleum oil and its bi- products, natural gas and viater and to erect and maintain telephone and telegraph lines.to,-be used.in con- nection therewith over and across certain streets and highways in the City of San Luis - Obispo," passed by the Board of Trustees of said City on the 7th day of- September, 1909', a franchise was grant- ed to Producers Transportation Company to operate and maintain pipe lines, telephone-and telegraph lines over and across certain streets t�ithin said City, v;hi ch franchise was thereafter assigned to Union Oil Company_ of.- California. AND WHEREAS, by the terns of said franchise the grantee and holder thereof is required to file a bond in the sum of $,'1,000.00 for-the faithful perfori-iiance of the terms and conditions of said franchise. A_ND WHEREAS, said Union Oil Company of California did here- tofore file with the City of San Luis Obispo a satisfactory bond ziith National Surety Company as surety, being its bona No. 460189, i:rhich said bond was duly approved, but, now desires to substitute a new bond, zTith a different surety, in the place and stead of said bond with National Surety Company as surety, and has offered to said City such new bond with Pacific Indemnity Company, a corporation organized and existing under the le.crs of the State of California, as surety being its bond ID11o. 99087. - 1 - r_ AND 'WHEREAS, said new bond is to be effective from and after August 25, 1939. NOW THEREFORE, BE IT RESOLVED by the Council of the City of .San Luis Obispo as follows: l.. That such bond; issued by Pacific Indemnity Company; be and the same is hereby approved and accepted to be effective from and after August 25, 1939. 2. That said National Surety Company; surety on the bond heretofore filed with the City of San Luis Obispo."is hereby released from all liability on such bond from-and after August 25, 1939. PASSED AND ADOPTED this 28th day of August, 1939; by the following vote: AYES: W.H.Brazil,R.P.Ho7)el1,Ralph C. Kennedy, Fred C. Kimball, Joseph Leary ATTEST: CpWEy Clerk i i - N - RESOLUTION No. 461 (New Series) A RESOLUTION ACCEPTING A DEED FROM H. C. KINSMAN AND ELLA KINSMAN- BE IT RESOLVED by the Council of the City of San Luis Obispo that that.certain deed dated August 24, 1939, made and executed by H. C. Kinsman and Ella Kinsman and quitclaiming unto the City of San Luis Obispo for street purposes certain portions of Lots 20 and 21 of the property of W. L. Beebee and C. H. Phillips in the City of San Luis Obispo, as surveyed by R. R. Harris in November, 1874, according to the map thereof recorded in Book "A" of nape, at page 44, records of San Luis Obispo County, be, and the same is hereby accepted. 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 AIM ADOPTED this 28th, day of August, 1939, by the following vote: AYES; ,V.H.Brazil,R.P.Howell,Ralph C.Kennedy,Pred C.Kimball,Joseph Leary NOES • None _ ABSENT: None ATTEST: city C er FA RESOLUTION NO. 462 (New Series) A RESOLUTION DETERMINING GENERAL PREVAILING RATE OF WAGES. BE IT RESOLVED by the Council of the City of San Luis Obispo that, in accordance with the provisions of the Labor Code of the State of California,.said City Council has ascertained and hereby determines that"the - general prevailing rate of wages' applicable'to the work to be done on Islay.Street and a portion of Toro Street, in said City, as described in Resolution of'Intention No. 453 (New Series), and on a portion of Morro Street, in said City:,,.as described in Resolution of Intention No. 458 thew Series) is as follows: Classification Rate per hour Asphalt plant operator $ "1.10 Distributor operator 0.75 Roller operator 1.25 Grader operator towing or motor, finish work) 1.25 - Grader operator towing or motor rough work) 1.00 Tractor driver 50 h.p, and over] 1.25 Tractor driver kunder 50 h.p.) 1,00 Power Sweeper operator 1.00 -.-Truck driver 0.75 Distributor bootman y 0'.75 - Asphalt plant dryerman or fireman 0.90 Mechanic (trouble Shooter) 0.88 Laborer 0.60 Flagman 0.60 For any craft not included in the above list, the minimum gage shall be the general prevailing wage in the City of San Luis Obispo and shall not be less than $0.60 per hour. Double time shall be paid for legal holidays and overtime work. PASSED AND ADOPTED this lst day of September, 1939, by the following vote: AYES: W.H.Brazil,R.P.Howell,Ralph C.Kennedy,Fred C.gimball,Joseph Leary NOES: ___None ABSENT: None _ ATTEST: Mayor City Clerk. N L11 RESOLUTION NO. 465 (New Series) ORDERING CERTAIN WORK ON A PORTION OF MORRO-STREET, AS DESCRIBED IN RESOLUTION OF INTENTION 90. 456 (New'Series) OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO. WHEREAS, the City Council of the City of San Luis Obispo, y did, on the 14th day of August, 1939, pass its Resolution of Intention No. 458, (New Series) to order the hereinafter described work to be done and improvement to be made in said City, which Resolution of Intention was duly and legally published as required by law, as ap pears 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 Inten- tion No. 458 (New Series) headed "Notice of Improvement" were duly and legally posted along the line of said contemplated work and improvement, and along all of the open streets within the district to be assessed as described in,said Resolution of Intention, 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, Street Superintendent of said City of San Luis Obispo; who personally posted and caused to be posted the same, and who, after the completion of the posting of said notices, filed his said affidavit in the office of the City Clerk of said City, making oath that he completed the posting of said notices on the 19th -day of August, 1939, and WHEREAS, no protests or objections were presented, and said City Council has now acquired jurisdiction to order the work and . f improvement; NOW THEREFORE, IT,IS HEREBY RESOLVED by said City Council that the public interest and conveniences requires the work herein described, and said City Council of the City of San Luis Obispo does hereby order the following .work to be done and improvement to be made in said City, to -wit: N N That Morro Street, from the South- erly line of Marsh Street, to a line. across Morro Street described as fol- j lows: Commencing at the intersection of the Northerly line-of Upham Street with the Westerly line of Morro Street; thence Easterly, along said Northerly line of Upham Street pro- duced ,Easterly, to its intersection with the center line of Santa Barbara Avenue; thence Northerly along said center line of Santa Barbara Avenue to its intersection with the Easterly line of Morro Street produced South- erly, be improved by . paving said portion of Morro Street for the full width between curbs with a wearing surface consisting of a Two and one -half (21h) inch road mix surface treatment, said wearing surface to bs laid on top of a sub -base paving, which sub -base paving shall -be Iaid and completed in a manner other than through the proceedings herein contemplated and prior to the laying of such wearing surface. There is excepted from. the work and improvement above mentioned any and all such work-already done to official line and grade, and there is excepted therefrom any duplication of work, it being the intention to describe only one improvement of the same class at any one point; there is further excepted therefrom any work at the intersection of Pa- i cific Street with Morro Street, any work at the Intersection of Buchon Street. with Morro Street and any work at the Intersection of Islay Street with Morro Street; and there is further excepted therefrom any I work at those locations where cement concrete drainage 'dips are construct- ed to official grade at the intersec -, tion of Morro and ,Leff Streets and at the intersection of Morro and Church Streets; and there is further excepted any work on any portion of said Morro Street occupied by cement concrete gutters. Nor shall any work 'be done which may -be shown on the plans as not to be done: Reference is hereby made to said-Resolution of Intention No. 458 (New Series) for further -particulars including a description of the work and improvement and of the assessment district, which Resolution. of. Intention is now on file in the office of the City Clerk of said City. The City Clerk is hereby directed to post a notice-of said work conspicuously for five (5) days on or-near the Council Chamber door of said City Council, inviting sealed proposals or bids for doing the work ordered. Said clerk is also directed to publish for five (5) consecutive days in the "Telegram- Tribune ", a daily newspaper of general circulation printed, published and circulated in said City of San. Luis Obispo and hereby designated by said City Council for that purpose, a notice inviting such proposals and referring to.the specifications on file. All proposals or bids offered shall be accompanied by a check payable to the City of San'Luis Obispo, certified by a responsible bank.for,an amount which shall not be less than. ten per cent (10 %) of the - aggregate of the proposal, or by a bond for the same amount and so N M payable, signed by the bidder and two.sureties who shall justify in couble the same amount over and above -all statutory exemptions, before an officer competent to administer an oath. Said sealed proposals or bids shall be delivered:to the Clerk of said City Council, to -wit: Said City Clerk, on or before 9:'03 o'clock A.M. on the 15th day of September, 1939, said time being not less than ten (10) days from the time of the first publication and posting of said notice. Bids will be opened on said day and hour. I hereby certify that the foregoing resolution was duly and= regularly adopted by the City Council of the City of San Luis Obispo, at a n adjourned _ regular meeting thereof held on the 1st day of September, 1930,.by the following vote: AYES :W.H..Brazil,R.P.Eovvell,Ralph C.Kenne-dy;Fred C..Ximball,Toseph Leary NOES: None ABSENT: None City ,C rk Presented to and approved by-me this lst day of September 1939. . Mayor J RESOLUTION NO. 464 (New Series) ORDERING CERTAIN WORK ON ISLAY STREET AND A POR- TION OF TORO STREET, AS DESCRIBED IN RESOLUTION OF INTENTION NO. 453 (New Series) OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO. WHEREAS, the City Council of the City of San Luis Obispo, did, on the 14th day of August, 1939, pass its Resolution of Intention No. 453, (New Series) to order the hereinafter described work to be done and improvement to be made in said City, which Resolution of Intention was duly and legally published as required by law, as appears from the affidavit now on file in the office of 'the City .Clerk of said City; and WHEREAS,-notices of the passage of said Resolution of Inten- tion No. 453 (New Series) headed "Notice of Improvement" were duly and legally posted along the line of said.contemplated work and improvement, and along all of the open streets within the district to be assessed as described in said Resolution of Intention, 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, Street Superintendent of said City of San Luis Obispo, who personally posted and caused to be posted the same, and who, after the completion of the posting of said. notices, filed his said affidavit in the office-of the City Clerk of said City, making oath that he completed the - posting of said notices on the 19th day of August, 1939, and AREAS, no protests or objections were presented, and said City Council has now acquired jurisdiction to'order the work and improvement; NOW THEREFORE, IT IS HEREBY RESOLVED by said City Council that the public.interest and convenience requires the work herein described, and said City Council of the City of San Luis Obispo does hereby order the following work to be done and improvement to be made in said City, to -:pit; That Islay Street, from the North - erly line of High Street to the Easter- ly line of Toro Street, and Toro Street from the Southerly line of Buchon Street to a line across said Toro Street and extending from the most Northerly corner of Block 175- of Loomis' Addition to the City of San. Luis Obispo to the most South- erly corner of Block 21 of the Central Addition to the City of San Luis Obispo, be improved by paving Islay Street and said portion of Toro Street, for the full width between curbs withd a wearing surface con- sisting of Two and one -half (2;�) inch road mix surface treatment, said wearing surface to be laid on top of a sub -base paving, which sub- base paving shall be laid and com- pleted in .a manner other than through the proceedings herein contemplated I and prior to the laying of such wear- Ing surface. I There is excepted from the work and improvement above mentioned any and all such work already done to official line and grade, and there is excepted therefrom any duplication of work, it being the intention to describe only 'one improvCrheint of the same class at any one- point; there is further excepted therefrom any work at the intersection of Islay Street with Broad Street, and any work at the intersection of Islay Street with Osos Street; and there is further excepted therefrom any work at those locations where cement concrete drainage dips are construct -' ed to official grade at- the intersec- tion of Islay Street and Carmel Street and at the intersection of Islay and Beach Streets; and there is further excepted any work on any portions of said Street occupied by cement _ concrete gutters. Nor shall any *ork he done which may be shown on the ! plans as, not to be done. ' Reference is hereby made to said Resolution of Intention No. 453 (New Series) for further particulars including a description of -the work and improvement and of the assessment•district, which Resolution of Intention is now on file in the office of the City Clerk_ of said City. The City Clerk is hereby directed to post a notice of said work conspicuously for five (5) days on or near the Council Chamber door of said City Council, inviting sealed proposals or bids for doing the work ordered. Said clerk is also - directed to publish for five (5) consecutive days in the "Telegram - Tribune", a daily newspaper of general circulation printed, published and circulated in said City of San Luis Obispo and hereby designated by said City Council for that purpose,.a notice inviting such proposals and referring to the specifications on file. All proposals or bids offered. shall be accompanied by a check payable to the City of San Luis Obispo, certified by'a responsible bank- for an amount which shall not be less than ten per cent (10%) of the aggregate of the proposal, or by a bond for the same amount and so pay - able, signed by the bidder and two sureties who shall justify in double the same amount over and above all statutory exemptions, before an officer competent to administer an oath. Said sealed proposals or bids shall be delivered to the Clerk of said.City Council, to -wit: Said City Clerk, on or before :9:00 otclock A.M. on the= 15th day of September., 1939, said time being not .less than ten (10) days from the time of the first publication and posting of said notice, Bids will be opened on said day and hour. T hereby certify that the foregoing resolution was duly and, regularly adopted by the City Council of the City of San Luis Obispo, at an.adjourned regular meeting thereof held on the. 1st day of September, 1939, by-the following vote: AYES :W.F.Brazil,R.P.Howell,Ralph C:Kennedy,Fred C.Kimball,Joseph Leary NOES: Hone ABSENT: ATOne CiW Clerk Presented to and approved'by -me this 1st day of September, 1939. y Mayor RESOLUTION NO. 4"' (New Series) OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AWARDING THE CONTRACT FOR THE WORK DESCRIBED IN RESOLUTION OF INTENTION NO. 453 (NEW SERIES) OF SAID CITY COUNCIL. WHEREAS, the City Council of the City of San Luis Obispo, did in open session on the 15th day of September, 1939, publicly open, examine -and declare all sealed proposals or bids for the fol��lr}�o +wing _work �to , -be cdone _and improvement to. be made , in said. City Ito- Ytit i That Islay Street, -from the North- erly line of High Street to the Easter- ly line of Toro Street, and Toro Street from the Southerly line of Buchan Street to a line across said Toro Street and extending from the most Northerly corner of Block 175 of Loomis' Addition to the City of San Luis Obispo to the most South- erly corner of Block 21 of the Central Addition, to the City of San Luis Obispo, be Improved by paving Islay Street and said portion of Toro Street, for the full width between curbs with a wearing surface con- sisting of Two and one -half (2%) inch road mix surface - treatment, said wearing surface to -be laid on top of a sub -base 'paving, which sub- base paving shall be laid and com- pleted In a manner other than through the proceedings herein contemplated and prior to the laying of such wear - Ing surface. There is excepted from the work and improvement- above mentioned any and all such work already done to official line and grade, and there is excepted therefrom any duplication of work, it being the intentlon to describe only one Improvement of the same class, at any one point; there is further excepted therefrom any work at the intersection of Islay Street with Broad. Street, and any work at the intersection of Islay Street with Osos Street; and -there Is further excepted therefrom any .work at those - locations where- cement concrete :drainage dips are construct - ed_to official 'grade at the Intersec- tion of Islay Street and Carmel Street and at the intersection of Islay and Beach Streets; and there is further excepted any work on any portions of said Street occupied by cement concrete gutters. Nor shall any work be done which may be shown on the plans as not to be done. Reference is hereby made to said Resolution of Intention - No..453 (New Series) for further particulars, including a description of the work and improvement and of the assessment district, which. Resolution of Intention is now on file in the office'of the City Clerk of said City. Notice is hereby given that serial bonds to represent un- paid assessments and bear interest at the rate of four. (4) per cent per annum, will be issued hereunder in the manner provided by the improvement bond act of 1915, the last installment of which bonds' shall mature four (4) years from the second day of July next succeed- ing ten (10) months from-their date. Except as hereinabove provided for the issuance of said serial bonds, all of the herein proposed work shall be done in pur- suance of an act of the legislature of the State of California, de- signated the "Improvement Act of 1911 ", approved April 7., 1911, and amendments thereto; also in accordance with the.plans and specifica- tions made therefor by the City Engineer of said City, and adopted by said City Council as the-plans-and specifications therefor on the 14th day of August, 1939, which plans and specifications are now on file in the office of the City Clerk of said City of San Luis Obispo, and are hereby referred. to for all particulars therein and thereby. appearing. IT IS THEREFORE HEREBY RESOLVED by said City Council that it reject and it does hereby reject all of said proposals or bids except that next herein mentioned, and does award the contract for doing said work and improvement to the lowest, regular, responsible bidder, to -wit: -.ohn Fesler _ at the prices named in hia bid. The City Clerk of "said City is hereby directed to publish notice of this award twice in the "Telegram - Tribune "., a daily news- paper published and circulated in sGid.Citl.r and hereby designated for that purpose by said City Council. I hereby certify that the foregoing resolution was duly and regularly- adopted by the City Council of the City of San Luis Obispo, at an adjourned regular meeting thereof held on the 15th day of September, 1939, by -the following vote: AYES: W.H.B rasil, R.P•Howell;Ralph_C.Kennedy,Fred C.Kimball, Joseph.Leary NOES:_ one ABSENT: None City C1 rk Presented to and approved.by me this day of September, 1939 f RESOLUTION NO. 466 (New Series) : OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AWARDING THE CONTRACT FOR THE WORK DESCRIBED IN RESOLUTION OF INTENTION NO. 458 (NEW SERIES) OF SAID CITY COUNCIL. WHEREAS, the City Council of the City of San Luis Obispo, did in open session on the 15th day of September, 1939, publicly open, examine and-declare all sealed proposals or bids for the following -:work � ,_to be ;,done -- -and:, improvement - to_ be made: -i.n-; -said- City, -_to =pit: That Morro Street, from the South - erly line of Marsh Street, to a line across Morro Street described as fol- lows; Commencing at the intersection of the Northerly line of Uphani Street with the Westerly line of Morro Street; thence Easterly, along' said Northerly line of Upham Street pro- duced . Easterly, to its intersection with the center line of Santa Barbara Avenue; thence Northerly along said centei line of Santa Barbara Avenue to its lntersectign with the Easterly line of Morro Street produced South. erly, be improved by'-paving said portion of Morro Street for the full width between curbs with a wearing surface consisting of a Two and one -half ('%) inch road mix surface treatment, said wearing surface to ba laid on top of a sub -base paving, which sub -bane paving shall be laid and completed in a manner other than through the proceedings herein contemplated and prior to the laying Of such wearing surface. There Is excepted from the work and improvement above mentioned any and all such work already done to official line and grade, and there is excepted therefrom any duplication of work, it being the intention. to describe only one improvement of the same class at ally one point; there is- further excepted therefrom ..any work at the intersection of Pa- cific Street with Morro Street, any Work at the intersection -of Buchon Street with Morro Street. and any work at the Intersection of Islay Street with Morro Street; and there is further excepted therefrom any work at those locations where cement concrete drainage dips are construct- ed to official grade at the intersec- tion of Morro and Leff Streets and at the intersection - of Morro and Church Streets; and there is further excepted any work on any portion of said Morro Street occupied by cement concrete gutters. Nor shall any work be done which may be shown on the plans as not to be done. .; I I ft Reference is hereby made to said Resolution of Intention No. 458 (New Series) for further particulars, including a description of the work and improvement and of the assessment district, which Resolution of Intention is now on file in the office of the City Clerk of said City. Notice is hereby given that serial bonds to represent un- paid assessments.and bear interest at the rate of four (4) per cent per annum, will be issued hereunder in the manner provided by the improvement bond.act of 1915, the last installment of which bonds shall mature four (4) years from the; second day of July next- succeed- ing ten (10) months from their date. Except as hereinabove provided.for the issuance of said serial bonds, all-.of the herein proposed work shall be done in pur- suance of an act of the legislature of the-State of California, de- signated the "Improvement Act of 1911", approved April 7, 1911, and amendments thereto; also in accordance with the plans and specifications made therefor by the City Engineer of said City, and adopted by said City Council as the plans and 'specifications therefor on the 14th day of August, 1939, which plans and specifications are no%v on file in the office of the .City Clerk of said City of San L-uis'"Obispo, and are hereby referred to for all particulars therein and thereby appearing. IT IS THEREFORE HEREBY RESOLVED by said City Council that it reject and it does hereby reject, all of said proposals or bids except that next herein mentioned,.and -does hereby award the contract for doing said work and improvement to the-lowest, regular, responsible bidder, to -grit: John'Fealer at the prices named in his bid. The City Clerk of said City is hereby directed to publish notice of this award twice in the "Telegram- Tribune ", a daily news- paper published and circulated in said City and hereby designated for that purpose by said City Council. N N . I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo; at an adjourned regular session thereof held . on the 15th day of September, 19392 by the following vote:-- AYES:W.H. Brazil, R.P.Howell.Ralph.C.Kennedy.Fred C. _Kimball. Joseph Leary, NOES: tone ABSENT: bone City C1 ri - Presented to and approved b me this f pp y �_ ay o September, 1939 MaYo . . I b 1 ►r `OLUTION NO . 467 ( New RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8AN.W18 ODIUPO ADOPTING BUDGET AND APPROVING MEMORANDUM OF-AGREEMENT FOR EXPENDITURE OF 1/4 CENT GAS TAX ALLOCATED FOR STREETS OF MAJOR IMPORTANCE WHEREAS, a memorandum of agreement has been.presented to be entered into with the State of California in accord- ance with a project statement for expenditure of the 1/4 cent gas tax for the fiscal year 1940 allocated for streets of major - importance other than State highways in the .City of � an Lutz Obispo ; and WHEREAS, the city council has heard read said agree - ment in full and is familiar with the contents thereof; THEREFORE, be it resolved by the city council of the City of Salt I- AA-3, 014 "' that said project statement be and it is hereby adopted . as the budget of proposed ex- penditures of the 1/4 cent gas tax allocated for streets of.major importance other than State highways, and said ag- reement be and the same is hereby approved and the mayor and the city clerk are directed to sign the same on behalf of said City, said agreement to be binding upon the.. City upon -i.te execution by the authorized officials of the State. ADOPTED this 18th day of September , 19391. Mayor of the City _o D cpn . . , 'Attest: Vi a= Lrul 3 U0137)0' City Clerk of the Ci o I hereby certify that the foregoing resolution was duly and regularly passed by the city council of the City of °= �~-- ='1�'i at a rnular meeting thereof held September 18th 19 � •rn -1 n c c 4f 00 RESOLUTION 90. 08 .(New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND FRANCISCA D. SUMO ERS AND W.T.D. SUMMERS,.AS EXECUTORS OF THE ESTATE OF WILLIAM T. SUMMERS, DECEASED, T. WILSON DIBBLEE AND ARCHIE M. EDWARDS RELATINd-TO A WATER MAIN ON FIXLINI STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the City of San.Luis Obispo enter into that certain agreement dated September 28, 1939 by and between said City,and Francisca D. Summers and W. T. D. Sunim.ers, as Executors of the Estate of William T. Summers, Deceased, T. Wilson Dbblee and Archie M. Edwards, relating to a water main on Fixlini Street. AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be, and he is hereby ' authorized_to execute said agreement for and on behalf of said City, which execution shall be attested by the: City _.Clerk: PASSED AND ADOPTED this 2nd day of October, 1939, by the following vote:_ AYES: W.H.Brazil R.P.Howell Ralph_C.Kenne_dy,Fre.d C.Kimball,Joseph Leary NOES: None ABSENT: 14-one- Mayor ATTEST: ,0� ity,Clerk �I C?� RESOLUTION NO. 469 .(New Series) RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND F. DALIDIO AND KATIE DALIDIO RELATING _ TO WATER RIGHTS. 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 6th. , 1939, by and between said City and F. Dalidio and Katie Dalidio relating to water rights on real property belonging to said F.'Dalidi.o and Katie Dalidio. 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 9th day of 1939, by the following fote" AYES: R.P.Howell, Fred C. Kimball Joseph Leary NOES: None ABSENT W . H. Bra.z it - Ra'ithnC. Kennedy declined to vote. Mayor ATTEST: Ci Cltrrk RESOLUTION No. 470 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBI,SPO AND THE STATE RELIEF ADMINISTRATION. 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 September 2.5, 1939, by and between said City.and the State Relief Administration relating to certain roadway construction' and other work on the real property oimed by said City and known as the ?'Laguna Property. AND BE.IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be, and he is hereby authorized to execute said agreement for and on behalf of-said City, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 9th —day of October, 1939, by the following vote: AYES: R. P. Howell, Ralnh _C. Kennedy, 1! ad 11, V; -i _ z a NOES:— None ABSEATT : 'w . H. Brazil ATTEST: ffayo City Cler N M RESOLUTION NO. 471 (New Series) A RESOLUTION PROVIDING FOR THE OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SMITH- BOOTH -USHER .COMPANY RELATING TO THE RENTAL OF A MOTOR GRADER. BE IT RESOLVED by the Council of the City of San Luis Obispd as_ follows That the City'of San Luis Obispo enter into that certain agreement dated October 9, 1939, by d between said City and Smith - Booth -Usher Company relating to the rental of a motor grader. AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be, and he i.s 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 9th day.of October, 1939, by the following vote: AYES: R.P. Howell, Kelpb. _c;. Kennedy wr'ed C. Kimball, Joseph-Leary NOES: 11 one ABSENT: _ W.H.Brazil ATTEST: Cit Clerk G Mayor RESOLUTION NO. 472 (New Series) ' A RESOLUTION ACCEPTING A DEED FROM H. C. KINSMAN et al l I 3 BE IT RESOLVEf by the Council of the City of San Luis Obispo as follows: 1. That that_.certain,deed made and - executed by H. C. Kinsman and Ella Kinsman, J. H. Kirk and Elsie C. Kirk releasing and quit- claiming unto the City of,San Luis Obispo the real property situated i in the City of San Luis Obispo, County of San Luis Obispo,`State of California, and descr -ibed' a.s follows: That portion of Lot 20 of the property of 111. L. Beebee and C. H. Phillips in the City of San Luis'Obispo as surveyed by R. R. Farris in November 1874, according to the map thereof recorded in Book A of Maps, at page,44, records of said County, described as follows: Beginning at a point in the Westerly line of Broad Street; at the most Easterly corner of the property conveyed to Geertje Veneta, a married woman, by deed recorded in Book 207 of Official Records, at page 90, records of said County; thence along the Southerly line of the property so conveyed South 57° 301 West ,- i 77.3 feet and West 85.2 feet to the Southwest corner thereof; thence South 899 - 551 -Viest 500 feet, more or less, to the South- east corner of the property conveyed 'to John ZV. Barrios, a single man, by deed recorded in Book 116 of Official Records, at page 108, records of said County; thence South 890 55T West along the South line of the property so conveyed 129.9 feet to the East line of Lawton Street; thence South along said East line 50 feet; thence North 890 551 East, 679.6 feet to the North- west corner of the property conveyed to William H. Jackson and wife by deed recorded in Book 119 of Official Records, at page 157 ;-records of said County; thence along the Northerly line of the property so conveyed, East 50 feet and North 570 301 East 91.9 feet to the !iesterly line of Broad Street; thence North 320 30t West along said Westerly line 50 feet to point of beginning, be and the same is hereby accepted. 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. AYES :W.H.Braail,R.P•Howell,Ralph C.Kennedy,Fred C.'Kimball,Joseph'leary NOES: _ ldone ABSENT:, rtone ATTEST: Mayor Ci Clerk � /61 /�?'3 f h M 413 RESOLUTION No. (New Series) A RESOLUTION APPROVING FINAL.TAAP OF TRACT No. 30, TTESCUELA ALTA" SUBDIVISION. WHEREAS, there has been presented to the City Council of the City of San Luis Obispo the final map of,the subdivision lying within the boundaries of said. City, to be knot.m as TTTract No: 3011 and TTEscuela Alta", and vihich said map is entitled, TTMap of Tract No. 30 Escuela Alta A Subdivision of a Part of Sections 25 & 26, T. 30 S., R. 12.E., M. D. �. in the City of San Luis Obispo, San Luis Obispo- County, California. August, 1939 Burch & Beck, EngTrs.n, NO -THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, -as follows: 1. That said map be.,: and the same is hereby approved. 2. That those certain parcels of land shorn on said map as streets,. and ._hereinafter- .- described, be,: and--they are .hereby, accepted on behalf of the public as streets. Such streets are the following: San Luis Drive Corralitos Ave. . Comejo Ave. That part of Cazadero Street, from the Southerly line of San Luis Drive to a point 170 feet southerly'from the intersection of the center lines of Cazadero Street and Conejo Ave. 3. That the City Clerk be, and she is hereby, authorized to affix to said map her official certificate certifying to the approval of said map and -to the acceptance of such streets on behalf of the public by this Cit/ Council'. INTRODUCED AND - ADOPTED this 30th day of October, 1939,. by the following vote: AYES: t" j.H.ErazilinE.P.Howell,Ralph_ C. Kennedy, Fred C. Kimball, Joseph Leary NOES: None ' ABSENT • None ATTEST: /z City Clerk Mayor 70 RESOLUTION No. 474 (New Series) - A RESOLUTION' PROVIDIIlG FOR THE EXECUTION OF AN - AGREEMENT - BET -WEEK' "THE, .CITY OF SAN LUIS OBISPO AND ALEERT`H. NELSONjET UX. RELATING TO THE WATER SYSTEM - IN _ TRACT No. 30; •1TESCUELA ALTA" SUBDIVISION. -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 October, 2nd., 1939, by and betvreen said City and Albert H. Nelson and Elizabeth Nelson relating to the water system in Tract No. 30, 'TEscuela Altai subdivision. 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- 30thL day-of- October; -1939, by the following vote: AYES:W.H.Brazil, R.P.Howe11, Ralph C. Kennedy, Fred C.Kimball Joseph Leal NOES:- None ABSENT: None Mayor ATTEST: City/ erk RESOLUTION No. 475_ - (N.ew Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND HUGH L. TAFF RELATING TO THE RENTAL OF A CONCRETE MIXER 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 November 2, 1939, by and between said City and Hugh L. Taff, relating to the rental-of a concrete mixer. 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 13th :day of November, 1939' by the following vote: AYES: _ W-H.Bra•zil.R:P.Howell,Ral =h c.-Zennarit-ErAti- C.X;-jmhXQj de.sePh— Deaz-y= NOES: U . .,. ABSENT: - owe - Mejor - ATTEST: City Clerk _ RESOLUTION.OF INTENTION NO.476 (New Series) RESOLUTION OF INTENTION TO CLOSE UP AND ABAN- DON A PORTION OF PARK STREET, HEREINAFTER DE- SCRIBED, IN THE CITY'OF SAN LUIS OBISPO, COUN- TY OF SPIT LUIS OBISPO, STATE OF CALIFORNIA. ':.1 ERr_ S and convenience requires the closing up and abandonment of that portion of Park Street, here- inafter described, in the City of San Luis Obispo. NOW THEREFORE, the City Council of the City of San Luis Obispo does hereby resolve and declare that it is the intention of the said City Council to order the closing up.and abandonment of the following described portion of Park Street, to -wit: That portion of Park Street lying between Monterey Street and Palm Street, in the City of San Luis Obispo. And said City Council does hereby determine and declare that said proposed work and - improvement Will benefit the lands and district hereinafter described, which district is hereby declared to be the district affected or benefited by said work and improve- ment, and that, therefore, the entire damages, costs and expenses of said work and improvement shall be and are hereby made chargeable against and shall be assessed upon said lands and district, which district is within the said City of San Luis Obispo and is more particularly bound and described as follows, to- warts. Commencing at the intersection of the Westerly line of Lot 5 in Block 136 as-shown on "the map entitled t'Map of C. H. Phillips Addition'to the Town of San Luis-Obispo., surveyed by R. R.- Harris October, 187411, which"map is of record in the office of the County Recorder,of said county, with the Northerly line of Monterey Street; thence Easterly along said Northerly line of Monterey Street to its intersec.tiorf with the Southerly line of Palm Street; thence Westerly along said Southerly line of Palm Street to its intersection with the Westerly line of said Lot 5. in said Block 136; thence Southerly along the Westerly line of said Lot 5 to the point of beginning. Said closing up and abandonment of said portion of Park Street hereinabove described shall be done in accordance with the - 1 - « w provisions of an act of the Legislature,of the State of California entitled, "An-Act to provide.for the laying out, opening, extending, widening, - straightening -or closing up, in whole or in part, any street square, lane, alley, court or place within.municipalities,- and to con- demn and acquire any and all land and property necessary or convenient for that purpose. (Approved March 6, 1889, Stats. 1889, Page 70),11 and the several acts amendatory thereof or supplementary thereto. The Street Superintendent is hereby directed to cause to be conspicuously posted along the line of said work or improvement, at notmore than three hundred feet in distance apart, but not less than three in all, notices of the passage of this resolution. The said notices shall be headed "Notice of Public Work11'in letters not less than one inch in length, shall be in* legible characters, state the fact of the passage of.this resolution, its date,.and briefly the work or improvement proposed, and refer to this resolution for fur- ther particulars. ..The Street Superintendent is further directed to cause a notice similar in substance to be published for a period of ten days in the Telegram - Tribune, a-daily newspaper published and circulated in the said City-of San Luis Obispo; and the said Telegram- Tribune is hereby designated as the daily newspaper published and - circulated .in the said City of San Luis Obispo in which said Street Superinten- dent of San Luis Obispo shall cause to be published.a.notice of the passage of this resolution. - 2 - PASSED AND ADOPTED this 4th day of December, 1939, by the following vote: AYES :W.H.Brazil,R.P.Howell,Relph C.Kennedy,Fred C.Kimball,Joseph Leary NOES: None ABSENT-: None, Mayor ATTEST: C City C rk Presented to and approved by me this 4th day of December, 1939. Mayor - 3 - RESOLUTION NO. .4.77 (gew Series) A RESOLUTION ACCEPTING A DEED FROM C. M. LONG et al BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That that certain deed made and executed by C. M. Long and Ethel E. Long and granting unto the City of San Luis Obispo the real property situated in.the City of San Luis Obispo, County of San Luis Obispo, State of California, 'arid described as follows: Commencing at the intersection of the Southerly line of Palm Street with the Southerly extension of the Wester- 17 lime of Grand Avenue; thence Southerly, along a line_ which would be the Southerly extension.of the Westerly line of Grand Avenue, to the Northerly line of Monterey Street; thence Easterly along said Northerly line of Monterey Street to its intersection with the Southerly line of Palm- Street; thence Westerly along said Southerly line of Palm Street to the point of beginning; and being a triangular parcel of land at the most Easterly end of said Block "Q11 and being a part thereof, as shown on the Map of the C. H. Phillips Addition to the said City of San Luis Obispo. be- and -the same._is hereby accepted. 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 11th. day of December, 1939, by the following vote: AYES :'iV.H.Brazil,R.P.Howell.Ralph C.Kennedy,Fred C. Kimball, Joseph Leary NOES: None ABSENT: None Mayor ATTEST: City Cle RESOLUTION No. 478 (New Series) A RESOLUTION ACCEPTING 'A DEED FROM G. M. P. ANAOLM AND .KIRSTINE ANHOLM. BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: That that certain deed made and executed by G. M. P. Anholm and Kirstine Anholm and granting unto the City of San Luis Obispo the real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Lot 15, Block 16, according tolthe Map of Anholm Addition to the City of San Luis Obispo recorded May 13, 1927, in Book.3 of Maps, at page 91, records of said County, be.and.the same is hereby accepted. 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'FND ADOPTED by the City-Council of the City of San 'Luis Obispo this 27th. day of December, 1939, by the following vote: AYES: W. H. Brasil, R. P. Howell, Ralph C.Kennedy,Fred C.Kimball, Joseph Leary NOES: None A BSENT :. N one Fred C. K' a 1, yor ATTEST: ' 1hu . Clerk/ RESOLUTION OF INTENTION. No. 479 :_(New Series) A RESOLUTION OF INTENTION TO CALL A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS OF'�HE.- CAUDXLL TRACT AND-PART OF THE IMPERIAL ADDITIOr7THE QUESTION WHETHER SUCH TERRITORY SHALL BE ANNEXED T0, INCORPORATED IN AND 21ADE A PART OF THE CITY OF SAN LUIS OBISPO. WHEREAS, a petition signed by more than twenty -five per cent in number of the qualified electors residing in the territory described in said petition and hereinafter in. this resolution described, was on the 11th. day of December, 1939 -; received by the City Council of the City of San Luis Obispo, said Council being the legislative body of said City, which petition asked that said territory be annexed to, incorporated in, and made a part of the City of San Luis Obispo, and that the property within said territory be, after such annexation, subject to taxation equally with the property within said City of San Luis Obispo, to pay all of-the bonded indebtedness of said City for the acquisition, construction and completion'of various municipal improvements,incurrtd and outstanding at-the time of the .filing of said petition, and all bonded indebtedness heretofore: authorized and to be represented by bonds of said City hereafter to be issued. AND WHEREAS said -City Council, after receiving said petition, directed that the same be filed ,in the office of the, City Clerk of said City and said petition.was on the 11t-h. day of December, -1939, _ filed in the office of said City Clef-k. -- ;;'Y NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: _. That--it is the intention of said City Council to call a Special Election and to-submit to the qualified electors residing within said territory, at such election, the question-whether said1territory shall be annexed to, incorporated in, and made a part of the City of San Luis Obispo and that-the property within said territory be, after such annexation, subject to taxation equally with the property within . w said City of San-Luis Obispo, to pay all of the bonded indebtedness of said City for the acquisition, construction and completion'of various municipal improvements, incurred and outstanding at the time of the filing of said petition, and all bonded indebtedness heretofore authorized and.to be represented by bonds of said City hereafter to be issued. The territory herein referred to is situated in the County of San Luis Obispo, State of California, is contiguous to the City of San Luis Obispo, and the boundaries thereof are specifically described' as follows; Commencing at the intersection of the center line of Broad. Street, in the City of San Luis Obispo, with the center line of Mutsuhito Avenue in the Imperial Addition to the City of San Luis Obispo,.according to the official maps of said City and said Imperial Addition on file in the office of the County Recorder of San Luis Obispo County, and running thence Northeasterly along the center line of Mutsuhito Avenue to its intersection with the Westerly line of the iPacific Coast Railroad Company's right of way, if extended; thence Northerly along the Westerly line of the Pacific Coast Railroad Company's right of way to its intersection with the Southerly boundary line of the City of San Luis Obispo; thence westerly along the Southerly boundary line of said City of San Luis Obispo to its intersection with the Westerly line of Story Street in said City; thence Southerly along the Westerly line of Story Street to its intersection with the Southerly line of Mitchell Drive in Caudill Tract, if extended, according to the official map of said Caudill Tract-on file in the office of the County Recorder of San Luis Obispo County; thence Westerly along the Southerly line of Mitchell Drive, if extended, to its intersection with the Westerly line of Lot or Block 9 in said Caudill Tract; thence Southerly along the Westerly line of said Lot or Block ,9 to the Southwest corner of said'Lot or Block 9; thence Easterly along the Southerly line of � M Caudill Tract to its intersection with the Westerly line of Broad Street; thence Northeasterly at right angles to the line �of Broad Street, to the center line of Broad Street;.thence Southerly along the center line of Broad Street to its intersection with the center -line of Mutsuhito Avenue, the place of beginning. Said territory shall be designated as 791he Caudill Tract and a Part of the Imperial Addition to the City of San Luis. Obispol�; and in all proceedings hereafter taken and had shall be- referred to as -such, and shall be so indicated on the ballots to be used at the election at which the question of such annexation shall be submitted. Said special election shall be held on the 2-Dth. day of n Febr- uary., 1940, and notice of-the holding of such special election is hereby given. NOTICE IS ALSO HEREBY GIVEN that Monday, the 15th. day of January, 1940, at the hour of 7:30 otclock P. M. of said day, and at the Council Chamber of the City Council of said City of San Luis Obispo, in the'City -P_-1, in said City, are hereby and have been fixed as the day, hour and place when and where any person owAing real property within said territory so proposed to be annexed and having any objections to the proposed annexation, may appear before the City Council of -said City of San Luis Obispo and show cause why said territory should not be so annexed. Any protest must be in writing and shall state the name or names of the owner or owners of " the property af- fected' and- the location and area of such property in general terms. .Any such protest shall be filed in the-office of the City Clerk of said City not later than the hour set for hearing objections to the proposed election.' The ITTelegram- Tribubell, a daily newspaper published and circulated in said City is hereby designated as the newspaper in which this resolution shall be published, and the City Clerk is hereby directed to cause-this-resolution to be published in the manner and M M form required by law. Reference a:s hereby 'made' to the adt •of• the Legislature-of the State of California designated as th.e "'Annexaton Act ,of 1913«, approved June 11, 1913, as amended'; under the provisions of which act the said petition was filed, and under the_provisions of which act all proceedings for such annexation shall be had and conducted. PASSED� AND ADOPTED by the City Council of the City of San Luis to Obispo ' the 27'Eh.— day of Dee.ember,._1239, by .the following vote: AYES:j'd.A. razi�R.P.HovMll el h C.-Kenned Fred C.Kimbali Jose h Lear NOES: 11 one ATTEST: City Clerk • ii r Presented to and approved by me this 27th day of December,.1939. ayor RESOLUTION NO. 480 (New Series) APPROVING THE ASSESMENT FOR THE IMPROVEMENT OF !SLAY STREET AND A PORTION OF TORO STREET IN THE CITY OF SAN LUIS OBISPO. WHEREAS, Leonard Lenger, Superintendent of Streets of the City of San .Luis Obispo, did on the 4th day of December, 1939, file in the office of the City Clerk of said City, the assessment and diagram made to cover the costs and expenses of the work recently done in .said City pursuant to the provisions of the "Improvement Act of 1911►, as amended, and pursuant to and as described in Resolution of Intention No. 453 (Neer Series), passed by the City Council of the City of San Luis Obispo on the 14th'day of August, 1939, said Resolu- tion of Intention being expressly referred to for further particulars; AND WHEREAS, Wednesday, the 27th day of December, 1939, at the hour-of 7:30 of clock P. M. of said day, in the Council Chamber of said City Council, was fixed as the time and place for hearing any appeals from said assessment; AND WHEREAS, notice of the filing of the assessment made to cover the sum due for the Work performed, and of the time and place, which were therein fixed.by the City Clerk, when all persons interested in the work done or in the assessment would be heard by the City Council, was posted, mailed and published in the tire, manner and form required by Section 21 of said Act, as appears from the affidavits of publishing, mailing and posting on file with the- City- Clerk;- AND WHEREAS, no appeals in writing were filed as provided by Section 21 of said Act and the City Council having given -to any and all persons interested in'the said work, or,in said assessment, full opportunity to be heard thereon-and to state any and- all objections to said work or said assessment, and the City Council having duly heard and considered the same; IT IS HEREBY RESOLVED AND DETER, }MINED, by the City Council of the City of San Luis Obispo that said work has been performed according to the contract in a good and substantial mariner., tha -t no portion of the work for any reason was omitted' I Gir illegally included in the contract for the same, that the- assessment and diagram made in pursuance of the provisions of said act were correct, wherefore all the acts and determinations of the Superintendent of Streets relative to said work and improvement and the assessment and diagram be, and the same are hereby approved, ratified and confirmed, and the Superin- tendent of.Streets of said City is hereby directed to attach to said assessment a warrant bearing the date of this resolution, Which warrant shall be signed by the said Superintendent of Streets and countersigned by the.Mayor of the said City. I hereby certify that the_foregoing resolution was duly and - regularly adopted by the City Council of the City of-San Luis Obispo, at an adjourned regular meeting thereof held on the 27th day of December, 1939, by the following vote: AYES: W.H. Bra zil,R.P.Howell,Ralph C.KennedyiFred C. Kimball,. Joseph Leary NOES: None ABSENT:- alone City C k Presented to and approved by me this. -27th day of December, 1939.` P Mayor RESOLUTION _NO. 481 (New Series) APPROVING THE ASSESSMENT FOR THE IMPROVEMENT OF A PORTION OF MORRO STREET IN THE CITY OF SAN LUIS OBISPO _ WHEREAS, Leonard Lenger, Superintendent of Streets of the City of San Luis Obispo, did on the 4th day of December, 1939, file in the office of the City Clerk of said City, the assessment and diagram made to cover the costs and expenses of the work recently done in said City pursuant to the provisions of the "Improvement Act of 191111, as amended, and pursuant to and as described in Resolution of Intention Igo. 458 (New Series),- passed by the City Council of the City of San Luis Obispo on the lath day of August, 1939, said Resolu- tion of Intention being.expressly referred to for further particulars; AND WHEREAS, Wednesday, the 27th day of December, 1939, at the hour of 7:30 o'clock P. 1A. -of said day, in the Council Chamber of said City Council,—was, fixed as-the time and - .place for hearing any appeals from said assessment; AND WHEREAS, notice of the filing of the assessment made to cover the sum due for the ;pork performed, and of the time and place, which were therein fixed by the City Clerk, when all persons interested in the work done -or in the assessment would be heard by the .City Council, was posted, mailed and published in the time, manner and form required by Section 21 of said Act, as appears from the affidavits of publishing, mailing and posting on file with the City'Clerk; AND 5TiEREAS,.no, appeals in writing were filed as provided by Section 21 of said Act ana the City Council having given to any and all persons - interested in the said work, or in said assessment, full opportunity to be heard thereon and to state any and all objections to said work or said assessment, and the City Council having duly heard and considered the same; IT.IS HEREBY RESOLVED 0D DETERMINED, by the City Council of the City of San Luis Obispo that said work has been performed according to the contract in a good and substantial manner, that no portion of the Nvork for any reason was omitted or illegally included in the contract for the same, that the assessment and diagram made.in pursuance of.the provisions of said act were correct, wherefore all. the acts and determinations of the Superintendent of Streets relative to said work and improvement and the assessment and diagram be, and the same are hereby approved,, ratified and confirmed, and the Superin- tendent of Streets of said City is hereby directed to -- attach to said assessment a warrant bearing the date of this resolution., which Warrant shall be signed by the said Superintendent of Streets and countersigned by the Mayor of the said City. I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Luis Obispo, at an adjourned regular meeting thereof held on the 27th day of December, 1939, by the following vote: AYES: W.H.Brasil,R.P.Howell, Ralph.C. Kennedy; Fred C. Kimball; Joseph Zear NOES None ABSENT4. None. _ City C r - s Presented to and approved by me this 27tbd.ay. of-December, 1939. Mayor M ne RESOLUTION No. 482 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETIMEN THE CITY OF SAN LUIS OBISPO AND THE STATE RELIEF ADMINISTRATION BE IT RESOLVED BY THE COUNCIL of the City of San Luis Obispo as follows: That the City of San Luis Obispo enter into that certain agreement dated December 27, 1939, by and between the said City and the Stat,e:Relief Administration relating to the following projects: 1. Complete pipe line and road work on Laguna City Farm Project: 2. Build a creek crossing for main sewer at Marsh St. and Aiguera St. to connect existing mains as a relief measure. 3. Build a new sewer main in middle of Block 3#l, Norton Tract #2 to -serve houses-- below-sewer level.. 4. Clean up various creeks in City of accumulated rubbish and to clear channels of brush that interferes with flow. 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, vhi.ch execution shall be attested by the City Clerk. PASSED AND ADOPTED this,27th. day of December, 1939, by the following vote: AYE8 fl. H. Brazil, R. P. Howe 11,Ralph.C.Kennedy, Fred C.Kimball, Joseph Leary NOES: Lone ABSENT: N ne ATTEST: r Mayor City Cler RESOLUTION No. 483 (Neva Series) -A RESOLUTION DECLARING A PORTION OF BUCHON STREET TO BE AND CONSITUTE A BOULEVARD. WHEREAS, under and pursuant to the provisions of Section 24 of Ordinance No. 122 (New Series) of the City of San Luis Obispo., entitled, r.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 (Neva Series) , the City Council of the City of San Luis Obispo is authorized to declare any street or portion of any street within the City of San Luis Obispo to be and constitute a boulevard; AND WHEREAS, said City Council is desirous of declaring a portion of Buchon.,_.Street to be and constitute a boulevard; NOVA. THEREFORE, BE: IT RESOLVED -by -the Council =of 'the 'City of San Luis Obispo, that Buchon Street, from the Westerly line of Osos Street to the Easterly line of Chorro 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 by the Council of the City of San Luis Obispo this 27th. day of December, 1939, by the following vote: AYES: N. H. Bra zil:R.P. Howe 11. LhadyRrbd r. wimbslL; joseph Teary NOES: None ` ABSENT: None red C. mba ,Mayor ATTEST: • ii` City Cler t RESOLUTION NO. 484 (New - Series) = A RESOLUTION PROVIDING FOR,THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND AMER.ICO ALBERTI AND ESTEE L-. ALBERTI RELATING TO THE LEASE OF CERTAIN PROPERTY FOR THE PURPOSE OF TAKING FIELD. STONES THEREFROM. 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 January 8th, , 19405 by and between said City and Americo Alberti and Estee L. Alberti, relating to the lease of cer- tain property for the purpose of taking field stones therefrom. 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 8th day of January, 1940, by the following vote: _.. AYES :W.H.Brazil,R.P.Howell,Ralph C,Kennedy,F.C.Kimball;Joseph Leary NOES: None ABSENT: None. yor ATTEST: /gyp %�� ✓�� -_ . � ^ j - City Cler - 41 RESOLUTION NO. 485 (New Series) A RESOLUTION - CALLING A SPECIAL ELECTION AND SUBMITTING 10 THE .QUALIFIED ELECTORS OF THE (5AUDZLL TRACT 111,1D Pi-! RT OF THE ITJ1PERIAL ADDI TION TO THE CITY OF SAN LUIS OBISPO.TgE QUES- TION V RETHER SUCH TEPRITORY SH.AL1 €E . ANNEXED TO, INCORPORATED IN, AND IVIDE A PART OF THE CITY OF'SAN LUIS OBISPO. WHEREAS, the City Council of the City of San Luis Obispo did on the 27th day of December, 1939, pass and adopt Resolution of intention., Ito. a7a (ide,a 'Series) entitled* 11 A Resolution of Intention to Call a. Saecia.l Election to Submit to the Qualified Electors of `'. the Caudill Tract and Part of the Imperial Addition the Question Whether such Territory Shall be Annexed -to, Incorporated`in; and t ?Lade a Part of the City of San Luis Obispo ". AND WHEREAS. said Resolution of Intention has been -o b-- fished in the manner and+ form required by law, as appears by affi- davit nor on file in the office of the City Clerk of said city. AND i ^;HEREAS,onday� -the 1:5th day of � anu�ary, •1940, at the hoar of 7:30 P.T,T1. and at the Council Chamber of, the City Council of said Oity, in the City X31 in said City of San Luis. Obispo, were fixed as the day, _hour and pl.,ce when and where any person ow-ning real property within said territory so proposed to be annexed and having any objection to the proposed annexation might appear before said City Council and. show cause why said territory should not be so annexed. AND AAITHEREAS, no oy4hers of real property within said territory so proposed to be --u.- nexed made written protest against the proposed annexation, nor filed any such protest i-rith the. City Clerk nor with this Council, - 1 - 0 IT IS HEREBY RESOLVED, FOUND AND DETERMINED that protests were not made by the owners of a majority of separate parcels of property within the territory proposed. to be annexed., AND Bt IT FURTHER RESOLVED AND DETERMINED that a Special Election be, and they -same -is• hereby, called. to submit to the-qualified. electors f- the Caudill Tract and part -of the Imperial Addition to the City of San-Luis Obispo the question lrhether said, territory shall be annexed to, incorporated-in, and made a part of -the City of San Luis Obispo and that the property- .vrithin said territory, after such annex- ation, be subject to taxation equally with the property within said City of San Luis Obispo to pay for all of the bonded indebtedness of said city for the acquisition, construction and completion of various municipal improvements, incurred and outstanding at the date of such annexation, and all bonded indebtedness heretofore.authorized and to be xepresented,by bonds.of said city hereafter to be issued. Said Special Election shall be held on the .20th clay of February, 1940 -. and notice of said special election shall be given by the publication of the "Notice of Special Election?', hereinafter set forth. The City Clerk. of the City of San Luis Obispo shall cause such ?TNotice of Special. Election" to be published in the manner and form and for the time required by law, in the "Ate :cad°r-o Nei-sW , a weekly newspaper of general circulation, printed and published out- side of the City of San Luis Obispo but in the County'.i.n which the territory so proposed to be annexed is situated, and hereby designated as the newspaper in which said notice shall be published. For the purpose of holding said Special Election, the entire.territory so proposed to be annexed, is established as7voting .. F precinct. The voting place of said precinct shall be-at ;,ewer F-1-eer, ��rithin said territory, where the polls will be open for such Special Election. The officers of such election shall be two Judge's and one Inspector, and the following are appointed' 2 - M 11 , /re �s to act as such Judge -s,: -JJr'a*'..- 01ara-- B.--Villa,- Mrs. Cara 9. Skinner -P Inspector: Mrs. Beaty cs_, :I Barlow The ballots to be used at said,'election shall be of ordinary elections ticket paper and of such size and shape to contain the pro- position to be submi.•tted- at .•such election. The heading of such `ballots must be" substantially as follows: "Special Annexation Election, February 20, 1- 940110 The proposition to be submitted at such election shall be stated, and upon the ballots to be used there shall.be printed the words, as follows: Shall the Caudill- Tract'.-and 'pert of .the: mperia1 Addition. to the City of_ Sari•` Luis Obispo; be annexed to the City of San Lu'i's Obispo:: and: the pro-• perty within said territory, after such annexation,: be subject to taxation eaua.11y with the property Y within the City of San Luis Obispo to pay for all .of" the bonded indebtedness of said city for the aquisi- tion, construction and completion of various municipal improvements, incurred and outstanding at the date of such annexation and all bonded indebtedness hereto- fore authorized and to be represented by bonds.of said city hereafter to be issued? YES NO Said Tords ITYes"I and "NoTr shall be opposite said proposition and in separate lines, and opposite each of said words "Yes11and. "No" there shall be a voting square. Each voter shall indicate his cash to vote in favor of the proposition by stamping or causing to be stamped a cross (x) in the voting square opposite the. word TTYesTT, and shall indicate his wish to vote against the proposition by stamping or causing to be stamped a cross (x) in the voting'square opposite the word I'No". Substantially the following shall be printed at the top of the face of the ballot:- Instructions to Voters: To vote on.the proposition of annexation, stamp a cross (x) in the voting square after the word "Yes?' or after the word HNoll. All marks, except the cross (x) are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear or deface this N N ballot, return it to the Inspector of election and obtain another". The manner of- holding and conducting said. election shall be as follows: - (1) As provided for in this resolution. 1 (2) As provided by la for holdl ag elections of -the kind herein called. Thee ►Notice of Special Election13 to be published -as herein provided shall be-substantially in the following form:- «NOTICE OF SPECIAL ELECTION" 11NOTICE IS HEREBY GIVEN that a Special Election has been called by the City , Council of the City of San Luis Obispo. to submit to the qualified electors�.the Caudill Tract and part of-the Imp �perial Addition to the City of San Luis Obispo:" exterior bowz- daries thereof being hereinafter specifically described ,'the.pr_.opdsi- tion whether such territory shall be; annexed to; incorporated in, and made a nest of the City of San Luis ' Obi spo, - and that: the proper= ty within said territory, after such annexation,.'be'subject to tax- ation equally with'the property within said City of San Luis Obispo to pay for all of the bonded indebtedness of said city for the acquisition, construction and completion of various municipal improve- ments incurred-and outstanding at the date,of such annexation, and all bonded indebtedness heretofore authorized and to be represented by bonds of said city hereafter to be issued". "Said Special Election shall be-held on Tuesday, the 20th Y' day of February, 1940,'and notice thereof is hereby given«. 11The territory herein referred to is situated in the County of San Luis Obispo; State of,California; is contiguous to the City of San Luis Obispo and the exterior boundaries thereof are specifically l described as follows: w • Commencing at the intersection of the centerline of Broad Street, in the City of San Luis Obispo, with the center line.of Mutsuhito Avenue in the Imperial Addition to the City of San Luis Obispo, according to the official maps-of said City and said Imperial Addition on file in the office of the County Recorder of .San Luis Obispo County, anal rennin; thence Northeasterly along the center dine of T)ffutsuhito.Avenue to its intersection with the Westerly line of the Pacific Coast Railroad ComDanyt s right of way, if extended; thence Norther- ly along the Westerly line of the Pacific Coast Railroad Corlpanyts right of way to its intersection with the Southerly boundary line of the City of San Luis.Obispo; thence Westerly along the Southerly boundary lin.e'of said City of San Luis Obispo to its intersection with the Westerly line of Story Street in said City; thence Southerly along the Westerly line of Story Street to its intersection with the Southerly line of Mitchell Drive in Caudill Tract, if extended, according to the official map of said Caudill Tract on file in the office of the County Recorder of San Luis Obispo County; thence 77esterly along the Southerly line of Mitchell Drive, if extended, to its intersection with the Westerly line of Lot or Block 9 in said Caudill Tract; thence Southerly along the westerly line of said Lot or Block 9 to the South- west corner of said Lot or Block 9; thence Easterly along the - Southerly line of Caudill Tract to its intersection with the Westerly-line of .Broad Street; thence Northeasterly at angles to the line of Broad :to the center line of Broad Street. thence Southerly along the center line of Broad. Street to its intersection with the center line of-- - _M1utsu11ito• Avenue, the •pl'ace of. beginning, i "Said territory shall be designated as "the Caudill Tract , and part of the Imperial Addition to-the City of San Luis Qbi.spoi�, may be referred to as such and. shall be so indicated upon the ballots to be used at the election at which the proposition of such annexa- tion is to be submitted" "For the purpose of- holding said ele Cory so proposed to be annexed, is established The voting place of said precinct shall be ate within said territory, cohere the polls vTill be Election. The officers.of such election shall ction, the entire terri- as /voting precinct. i Lowe 'Floor. Latter Day aint_s Church open for such - Special be two Judges and one Inspector, and the following are appointed'- to act as such; Judges l a= `B: -Vi la Mrs. _C"_ra A. Sinner , Inspector :Mrs:Beatrice -l. Barlow L. "The ballots.to be used at said election shall be of ordinary election ticket paper and of such size.and shape to contain the pro- position to be submitted at such election. The heading of such ballots - t:; - N w ;gust be substant &llv'FS,'f0ll0a7s: 'ISpeci al Annexation Election, I ItThe proposition. to be submitted at such election shall be stated. and upon the ballots to be used there -shall be printed the Tords, as' follov,.: Shall:heCaui411..Tract as�!d part' of tie= Imneria.l .AQ.riTtion Ito`.- 'the,Cit'v of San = �lis.:Obi -sno be annexed. tb. fhe "City* of San Lll,is °Otist)o llnc t'be' Dro--- perty -thin said territory, after such `arihiexation, be subject to taxation eoually vrith the property v.ithin the City of San Luis Obispo to pay for all of the bonded indebtedness of said city for the aquisi- YES tion, construction and completion of various municipal improvements, incurred and outstanding at the date of such annexation and all bonded indebtedness hereto- NO fore authorized and to be represented by bonds of said city hereafter to be issued ?" "Said ?cords "Yes" and 11N?ott shall be opposite said proposition and in separate lines, and oaposite each of said words ttYes" and "Not' there shall be a voting square.tt "Each voter shall indicate his Trish to vote in favor of the proposition by stamping or causing to be stamped a cross (x) in the voting square opposite the word ttYes", and shall indicate his wish to vote against the proposition by stamping or causing to be stamped a cross (x) in the voting square oaposite the word onto ". ttSubstant�_ally tb -e fvlloring shall be printed at the top of the fact of the ballot:- 0, Instructions to Voters: To vote on the proposition of annexation, stamp a cross (x) in the voting square after the Tord "Yes" or after the word "Noll. All harks, except the cross (x) are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear or deface this ballot, return it to the Inspector of election and obtain another'. "The electors within such territory are hereby directed to vote upon the proposition of such annexation in the i-arroer here- inbefore set forth. - 6 - N N V� Notice is further given that the amount of bonded indebted- ness already incurred by the City of San Luis Obispo and outstanding at the date of the first publication of this notice,• together with a statement, in general terms, of the improvement or improvements . for which such indebtedness,'was so, incurred •or authorized.,-and the .rate of interest payable thereon, is as follows: 3, Sewer and Disposal Plant Bonds of 1931 5,% Water Reservoir and Water Improvement Bonds of 193.9 3 00. 00, TOTAL_ $1- 91;475.00,� tlNotice is furtherAgiven that the amount of bonded indebted- ness of the City of San Luis,Obispo heretofore authorized and to be represented by bonds of said city -hereaft'er to be issued is the sum of $25,000.00, said bonds being the unsold portion of Viater Reservoir and Water Improvement Bonds of 1939, the issuance of which was authorized at,the•general municipal election held in said city on April 3, 1939: The maximum rate of interest payable or to be payable 7 - Rate of Amount- Interest Outstanding Water, Sewer and Bridge . Bonds of 1909 5% -4-* 504: flfl Bonds for the acquisition and .improve- ment of City Farm Sewage Disposal plant., '. .-Bonds of 1918 5 9,,- 975:00 Bonds for Septic tank, Seaver improve -- ments, Culverts,rFire Apparatus and Bridges, 1922, -. 5% 3,-- ,.500.00 - Sewer Extension Bonds of 1925 _ 5% 1-1-3,-000.00 Sewer Extension Bonds of 1921 f' /y�7 5% 17;500,00 - Bonds' .for the purchase of Laguna., Property," 1927 5% •13,404.00 Sever Extension and Disposal Plant - Bonds of 1929 5% ?.5 Bridge'aTld Culvert Bonds of 1929 5% 3, Sewer and Disposal Plant Bonds of 1931 5,% Water Reservoir and Water Improvement Bonds of 193.9 3 00. 00, TOTAL_ $1- 91;475.00,� tlNotice is furtherAgiven that the amount of bonded indebted- ness of the City of San Luis,Obispo heretofore authorized and to be represented by bonds of said city -hereaft'er to be issued is the sum of $25,000.00, said bonds being the unsold portion of Viater Reservoir and Water Improvement Bonds of 1939, the issuance of which was authorized at,the•general municipal election held in said city on April 3, 1939: The maximum rate of interest payable or to be payable 7 - w w 0 won such indebtedness is 4% per annum.1. By- of-der --of' the Citir Council of the City of San Luis Obi-sDo made the 1-5th �dav .bf January,. 1940.; Ce,!1; e ;,:... John C i t v C�,:erk -Of : she City of San Luis -Obis -Dort. PASSED AIM ADOPTED this 5th day of Jan4ar'y, 1940, b z the follovTlr y vote: AYES:Z�I.H.Brazit.B.P. Howell. Ralph .C.Kennedy.F.C.Kimball,LJoseph .Leary ,%TOES: None ABSENT: None ATTEST: Citv Cl�WK - 8 - 0 Mayor N /RESOLUTION NO.486 (New Series) A RESOLUTION ACCEPTING A DEED FROM CENTRAL =- SUPPLY COMPANY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That that certain deed made and executed by Central Supply Company, a corporation, and," granting unto the City of San Luis Obispo, the real property situated in the City. °of San -Lui -s Obispo, County of San Luis Obispo, State of California, described as follows: Lots 18 and 19 in Block 186 as laid down and delineated on the official map of-the Ingleside Homestead Tract, survey- ed by Geo. Story, C. E. October 1837, a copy of which map is on file in the office of the County Recorder of the County of San Luis Obispo, to which map reference is hereby made, be, and the same is hereby accepted. 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 by the City Council of the City of San Luis Obispo this— 15th day of January, 1940, by the following vote :. AYES: W- H.Bra zil,R. P. Howell, Ralph C.Kennedy,F.C.Kimball,Joseph Leary NOES: None ABSENT.: _None ATTEST- v Mayor City ClerIO RESOLUTION N0. 487 (New Series) A RESOLUTION PROVIDING •FOR: TAE EXECUTION OF AN AGREE11 -rLENT BETWEEN THE-.CITY OF SAN LUIS OBISPO AND KNOX,HN LE MACHINERY CO. RELATING TO THE LEASE OF Ali AUSTIN - WESTERN PATROL SWEEPER. 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 January 8, 19405 by and between said city and Knox- dale Machinery Co.,_a corporation, relating to the lease of an Austin Western Patrol Sweeper. 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 A.ND ADOPTED this 15th day of Januarys 1940, by the fallowing vote:. - AYES: VI.H.Brazil,R.P.Howell,Ralph C.Kenned.,P.C.Kimbell,Joseph Leary_ NOES: None ABSENT.- None Mayor ATTEST: City Cle - X0 w RESOLUTION NO. 488 (New Series) A RESOLUTION GRANTING PERMISSION TO THE.COUNTY OF SAN LUIS OBISPO TO EATER IN 0D UPON THE STREETS OF THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the.Council of the City of San.'Luis. Obispo as -follows: That permission be, and the same is hereby granted to the County of San Luis Obispo to enter in and upon all of the streets, highways, alleys, sidevaalks and other public areas i .iTithin the City of San Luis Obispo, County of San Luis Obispo, State . of - California, for the purpose of laying out, opening, constructing, improving, maintaining, repairing or altering, all, or any part, of sdch- stree.ts - highways, alleys, -sidewalks-and other public areas,,-within said. -city; for the period of one year from the. date of the passage of this resolution. 1 PASSED AND ADOPTED -by -th - City - Council -of tYie- City -of San Luis Obispo this 15th day,of January; 1940, by the following vote: AYES: W.H. Brazil, R. P.3owe11,Ralph C.Kennedy,F.C.Kimball NOES: Joseph Leary ABSENT • None ATTEST: City Cler RESOLUTIOiV NO. 489 (New Series) RESOLUTION ACCEPTING A DEED FROM PY ITA. Id. AATHWAY BE IT RESOLVED by the Council of the City of San Luis Obispo . as follows:- That that certain deed made and executed by Anita M. Hathway and granting unto the City of San Luis Obispo, for street purposes, the real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California des gibed as follows: Beginning at the intersection of the West line of Hathway Avenue with the South line of_Third.Street, as said Avenue and Street are shoi7v-n on the map entitled 111qap of Hathwayls Addition to the City of San Luis Obispo, Cal." which map was-filed in the office of the County Recorder of said County on October 18, 1887 in Book A of Maps at page 130; thence running West along.the South line of Third.Street'' .191 feet to a point on the East line of a'street; known as Ellen Y.Fay, as shovrzi on licensed surveyors map., entitled I'Map of survey of a portion of Block 7 of Hathwayl s. Addition to the City of San Luis Obispo and a portion of _-the -SE'- of. the' NV1 of Sec. 26' T. 30 S.R -. 12 E. M.D.M. in the City of San Luis Obispo, Calif. Nov. -1939 Burch &: Beck, Engrs.,11 recorded . in the office of the said County Recorder in Book 2, page 57 of records of surveys, trjhi ch point is the true point of begin- ning; thence South along the.-East ?ine_of_Ellen _ Way:_ and _. parallel with HathFi�_y Avenue-142.0.5 feet to- a point; thence on a curve to the right, tangent. to a line which bears S. 480 O11 2011 E., with a radius . of 37.50 feet, through an angle of 2760 221 4011, for a distance of 180.88 feet .to a point on the West line of said Ellen Way; thence North; along the West line of "said Ellen Tay, and parallel with Hathway Avenue, 581.60 feet to a point; thence on a curve to the right, tan- gent to a line which bears N. 480 O11 201.1 W., with a radius of 37.50 feet, through an angle of 1760 221 4011, for a dis- tance of 180.88-feet-to a Doint on the East line of said Ellen Way; thence South .along the East line of said Ellen Way and parallel �,Tith Hathwa-y Avenue, 439.55 feet to the South line of said Third Street, the point of beginning, be and the same is hereby accepted. 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 22nd day of January; 1940 by the following vote: AYES 3+V.H.Brazil.,?- .P. Howell , al•ph C.ZenneAy_,F.C. Kimball, Jos eph Lear, NOES: None ABSENT: None Seal ) , .i Mayor ATTEST: City.Clerk RESOLUTION NO.. 4.90 (New Series) A RESOLUTION AWARDING THE CONTRACT FOR THE COL- LECTION AND DISPOSAL OF GARBAGE PURSUANT TO THE PROVISIONS OF ORDINANCE NO.. 208 (NEW SERIES). WSEREAS, the City Council of the City of San Luis Obispd did in open session on the 5th day of February, 1940, publicly open, examine and- declare all sealed proposals or bids for the con- tract to be entered into by said city pursuant to the terms of Ordinance No. 206 (New Series), for the collection and disposal of garbage, wet garbage, refuse and rubbish. AND WHEREAS`, said bids were taken under advisement by said City Council until the 13th day of February, 1940. NOW, THEREFORE, BE IT'RESOLVED by the City Council of the City of San.Luis Obispo that it does hereby award said contract to San Luis Garbage Company, a copartnership consisting of 0. Navoni, M. Oberti, J. Salvi, A. Rizzoli, Joe Piuma and Steve Cataneo, said San Luis-Garbage-Company-being deemed_.by_ said- City_Council to hate filed the bid most advantageous to the City of San Luis Obispo. AND BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo, be, and he is hereby authorized to execute said con- tract for and on behalf of said city, which execution shall be attested by the City Clerk. The form of such contract shall be in accordance with the form heretofore approved by said City Council and now on file in the office of the City Clerk. The compensation payable to said city pursuant to the terms of said contract, shall.be the sum of $1,500.00 per year in accordance with the bid of said San Luis Garbage Company. PASSED AND ADOPTED this 13th day of February, 1040, by the.' following vote:_ AYES: ',AT.H.Braai1,R.P. Howell , Ralph - C. kennedy .F.C. Kimball, soseph Leary _ NOES:. None ABSENT: None Mayor ATTEST: City Xlbkk :_ RESOLUTION NO. 491 (New Series) A RESOLUTION PROVIDING FOR THE EXECUTION OF AN AGREE1[ENT.- BETWEEN THE CITY OF SAN LUIS OBISPO AND SOUTHERN PACIFIC COMPANY, A COR= ` PORATION RELATING TO THE FURNISHING OF WATER TO SAID'CORPORATION. BE IT RESOLVED_, by the Council of the City of .San Luis Obispo as follows: That the City of San.Luis.Obispo. enter into that certain agreement dated February 5,. 1940, by and between said city and Southern Pacific Company, a corporation and relating to the,furnish- ing of water to said corporation. 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 fo"r'and- on behalf-of said city,-which execution shall be attested-by the City Clerk. •_ l PASSED AND ADOPTED this 5th day of February, 1940, by the following .vote: AYES: - Tf3.H.Brazil,R.P.Howell,Ralph C; Ken,nedy.F.C.Kimball,Joseph Leary NOES: None ABSENT: None ATTEST: City C1 r .D RESOLUTION N0. 492 (New Series) A RESOLUTIONi PROVIDING FOR THE .EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN-LUIS OBISPO AND SMITH BOOTH USHER COMPANY RELAT- ING TO THE LEASE OF AN INTERNATIONAL TRACTOR WITH FRONT ETD LOADER. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the City of.Sari Luis Obispo enter into that certain agreement dated February 6, 1940, by and between said -city and Smith Booth Usher Company, a corporation, t6lating to the lease of an International I -30 tractor with.Hough front end, one -half yard loader with McCaffrey Interchangeable Bulldozer Blade,- Tractor Serial No. IB5183PS, Motor Serial No. AD5502, Loader Serial No. 1721. 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.. V PASSED AND ADOPTED this 13th day -of February, 1940, by the following vote: AYES: W.H.Brazi1,R_P.Hovae11,Ra12h .C.Kennedy,F_'LC.-- Kimba11, . Josebh Leary NOES:. None ABSENT: None Wm 4 tl :viol ATTEST: City Cle - RESOLUTION No. 493 -(New Series) A RESOLUTION DETERMINING THE OFFICIAL NAME OF THE AREA CONVEYED TO THE CITY OF SAN LUIS OBISPO BY H. C. KINSMAN-,et al., as "CAUDILL STREET". BE-IT RESOLVED by the Council of the City of San Luis Obispo, as follows: That the official name of the land and premises conveyed to the City of San Luis Obispo by H. C. Kinsman et.al. by deed- dated October 6, 1939, and recorded in Vol. 266 of Official Records at page 266, San Luis Obispo County Records, which area is now being used asa public street, is hereby determined as "Caudill Street ". PASSED AND ADOPTED by the Council of,the City of San'Luis Obispo -this 19th day of February, 1940, by the following vote: -- AYES :_W.H.Brazil,R.P.Howel!,Ral2h C.Kennedy,F.C.Kimball, Joseph Leary NOES: None ABSENT: None . .... ..... . ........ �d or ATTEST: City_ Cle RESOLUTION NO. 494 (New Series) A RESOLUTION DECLARING THE INTERSECTION OF MARSH AND HIGUERA STREETS, AND A PORTION OF SANTA ROSA STREET TO BE AND CONSTITUTE BOULE- VARDS. WHEREAS, under and pursuant.to the provisions of Section 24 of Ordinance No. 122 (New Series) of the City of. San, Luis Obispo - entitled, "An Ordinance Regulating Traffic upon and the Parking of J 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 122 (New Series) ", the City Council ` -- —6 -f City of- San Luis= Obispo -is authorized `to -declare - any- _street or portion of any street within the City of ,San Luis Obispo to be and constitute a boulevard. AND WHEREAS, said City Council is desirous of declaring the intersection of Marsh and Higuera Streets, and a portion of Santa Rosa Street to be and constitute boulevards. NOW THEREFORE,' BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: 1. That the area forming the intersection of Marsh and Higuera Streets, and being the extension of Marsh Street to the Southwesterly line of .Higuera Street, be, and the same is hereby de- clared a boulevard for the purpose mentioned in Section 24 of Ordinance No. 122 (New Series); provided, however, that the operator of a vehicle proceeding Northerly on Higuera Street need not stop before entering said intersection. 2. That Santa Rosa Street from the Southerly line of Monterey Street to the Southerly line of Marsh Street be, and the same is hereby declared a boulevard for the purpose mentioned in Section 24 of Ordinance No. 122 (Net Series); provided, however, that the operator of a vehicle proceeding Northerly on Marsh Street need not stop before entering the intersection of Marsh and Santa Rosa Streets. - 1 -- 3.. Resolution No. 248 (New Series) establishing Higuera Street from the Easterly line of Osos Street to the Westerly line of Toro Street as a boulevard is hereby revoked in so far as such resolution establishes said portion of Higuera Street as a boulevard. 4. That Resolution No.248 (New Series)' establishing Marsh Street, at the intersection of Santa Rosa Street, as a boulevard is hereby amended so as to provide that the operator of a vehicle pro- ceeding Southerly on Santa Rosa Street need not stop before entering the intersection of Marsh and Santa Rosa Streets. PASSED AND ADOPTED by the Council of the City of San Luis Obispo tt3is -- 9th T_day of Febxuaxy, 1940; by =the- following votes AYES :i'd.H.Srazil.R.P.Hovaell,Ralph C.Kennedy F.C:Kimball,_Joseph Leary ^ NOES: None ABSENT,:. None ATTEST: Cit - - 2 - is _ RESOLUTION NO. 495 (New Series) A RESOLUTION RELATING TO THE ISSUANCE OF IMPROVE- DENT BONDS OF THE CITY OF_SAN LUIS OBISPO, PURSUANT TO RESOLUTION OF INTENTION NO. 453, (NEW SERIES) DETERMINING THE AMOUNT OF UNPAID ASSESSMENTS, PRES- CRIBING THE DENOMINATIONS.OF SUCH BONDS, AND PROVID- ING FOR THEIR ISSUANCE AND DELIVERY. WHEREAS, the City Council'of the City of San Luis Obispo, did, on the 14th day of August, 1939, pass and adopt its Resolution of Intention -No. 453; (New Series) relating to certain work to be done and improvement to be made in said City as therein described, under and pursuant to the provisions of the "Improvement Act of 1911 ", as amended, and did by said Resolution of Intention provide that serial bonds to represent unpaid assessments, and bear interest at the-rate of four (4) per cent per annum will be issued thereunder in the manner provided by the "Improvement Bond Act of 1915 ", the-last installment of which bonds shall mature four (4) years from the second day of July next succeeding ten months from.their date, reference to said Resolution of Intention being hereby expressly made for further particulars; and WHEREAS, the contract for said work and improvement was duly awarded and - thereafter duly completed to the satisfaction of the Superintendent of Streets of said City, and this City Council, where- upon in due course an assessment, diagram and warrant, were made; recorded and delivered to the contractor in time, form and manner as, required by law, and the contractor or his assignee having made due return thereon and the same having been duly filed; and WHEREAS, on February 16, 1940, the Street Superintendent of said City made and filed frith the -Clerk of this City Council, a com- plete list of all assessments unpaid thereunder upon the respective assessment or diagram numbers thereon, whereupon said Clerk gave notice of the filing of said list, and fixed in said notice Monday, the 26th day of February, 1940, at the hour of 7:30 ofclock P.M: of said day, at the regular meeting place of said city Council, as the time - 1 - when interested persons might appear before the said City Council and show cause why bonds should not be issued upon the security of the unpaid assessments shown on said list, as appears from affi- davits on file in the office of said clerk, said time being that of this regular meeting of said City Council; -and said City Council hav- ing heard all objections against the issuance of bonds as aforesaid presented before or at the time set for said hearing; and said City Council hereby passing upon and overruling and denying the same; and WHEREAS, since said filing by said Street Superintendent of said list of assessments unpaid, the following assessments have been paid, to -wit: ASSESSMENT AND DIAGRAM.NIIMBERS -7 45 46 47 72 73 74 79 AMOUNT OF EACH-ASSESSMENT IN-DOLLARS AND - CENTS . 22.10 15.66 15.66 "15.66 15.66 23.92 .70 aggregating the total sum of $192.25, leaving a balance due on account of said unpaid assessments of $2,705.71, and said list of assessments unpaid filed by said Street Superintendent, as aforesaid, appearing in all respects complete and correct after excepting and deducting therefrom-the assessments paid since the filing thereof, as hereinabove set forth. NOW THEREFORE,'IT IS HEREBY RESOLVED and found and deter- mined by said City Council, that said list of assessments unpaid- filed by said Street Superintendent as aforesaid; was at the -time of said filing thereof in-all respects complete and correct, and that since the filing thereof, assessments have been paid aggregating the sum of $192.25, as hereinabove set forth, and also that the unpaid - 2 - assessments made pursuant. to proceedings duly taken under said Reso- lution of Intention, and the aggregate amount of the same are as follows: ASSESSMENT AMOUNT DOLLARS. ASSESSMENT AMOUNT DOLLARS NUMBER AND CENTS NUMBER AND CENTS 5- $ 41.07 140 $ 8.89 9 57.21 141 40.44 13- 86.84 144 9.68 28 -2.86 145 48.40 29 71.80 151 48.52 30 65.14 157 6.97 31 65.14 158 82.98 32 65.37 159 63.36 34 14.02 161 22.18 35 127.91 162 27.95 53 159.01 173 22.18 54 fi.97 174 26.17 55 6.97 176 48.34 68 15.66 178 38.35 - 69 15.66 179 12.16 70 23.93 180 23.78 76 15.66 182 29_.06 .77 15.66 192 43.86 78 23.57 198 48.35 80 20.62 202 21.52 81 21.32 203 15.66 82 27.29 - -204 15.66 98 118.56 209 42.67 103 4.54 210 .=19.14 104 .86 216 51.16 113 6.97 220 54.21 114 6,.97 248 59.08 115 161:71 .252 23.33 116 6.97 253 15.66 126 47.49 254 15.66 127 47.49 257 20.87 128 53.59 258 .43.41 131 48.05 259 89.42 132 3.83 260 104.36 136 5:57 And said City Council further hereby finds and determines' that the total or aggregate amount of said assessments unpaid is the sum of $22705.71. -. NOW T�iEREFORE, - in consideration of the foregoing premises, the City Council of the City of San Luis Obispo does further hereby resolve as follows: SECTION 1. That bonds shall be issued upon the security of said unpaid assessments to said amount of $2,705:71, in accordance with the provisions of said "Improvement Act of 1911," as amended, - 3 - and said "Improvement Bond Act of 1915n, as amended, and under and pursuant to said Resolution of Intention and resolutions, notices and proceedings in relation thereto, duly had and taken; said bonds shall be called "Improvement Bond," shall be ten (10) in number, shall be dated.February 26th, 1940, and bear interest at the rate of Four (4) per cent,per annum;, and the character and denominations of said bonds, with their respective numbers and dates of maturity, are as follows: SERIES BOND NUMBER AMOUNT DATE OF MATURITY 0 1 1 $ 500.00 July 21 1941 0 1 2 41.14 July 22 1941 0 2 3 500.00 July 21 1942 0 2 .4 41.14 _July 21 1942 0 3 5 500.00 July 22 1943 0 3 6 .41.14 July 21 1943 0 4 7 500.00 July 21 1944 0 4 a 41.14 July 22 1944 0 5 9 500.00 July 21 1945 0 5 10 41.15 July d 21 .1945 SECTION 2. Said bonds shall be issued;in series, and the unpaid assessments as shown on said list filed by the Superintendent of Streets and determined by said City Council and any reassessments' which may be issued thereon or in lieu thereof, together with interest thereon, shall remain.and constitute,a trust fund for the redemption and payment of said bonds and of the interest which may be due there- on, which unpaid assessments shall be payable in annual series corres- ponding in number to the number of series of bonds issued, and an even annual proportion of each assessment shall be payable in each year preceding the date of the maturity for each of the several series of bonds issued, and such proportion of.each assessment coming due in any year, together with the annual interest thereon, shall in turn be payable in installments as the general municipal taxes of said City on real property are payable, and shall become delinquent at the same times and in the same proportionate amounts and bear the same propor- tionate penalties for delinquency. Said bonds shall be signed by.the City Treasurer of said City and countersigned by the City Clerk, who shall affix thereto the official seal of said City; the interest coupons affixed thereto shall be signed by the Treasurer or bear his engraved or lithographed signature; said bonds shall be substantially in the form set forth in said "Improvement bond Act of 19151" as amended, said City Treasurer and said City Clerk being hereby authorized'and directed so to sign and countersign respectively. The interest coupons attached to each of said bonds and- evidencing the interest to accrue thereon shall be numbered consecu- tively and be substantially in the following form,, to -wit: Coupon.No. Improvement -Bond, City of San Luis Obispo, The City of-San Luis Obispo, will pay to the bearer hereof on the second day of 19 , $ , at the office of the City Tre'asurer-of -said City in the County of San Luis Obispo,, State of California, said sum being the semi - annual interest due on Improve- ment Bond 'No. of Series -No. City Treasurer. SECTION 3. Said bonds shall be forthwith delivered to said contractor or his assigns in satisfaction of the balance due him upon his assessment and warrant. I hereby certify that the foregoing resolution was duly and regularly adopted by the-City Council of the City of San Luis Obispo, at an adjourned regular meeting thereof held on the 26th day of February, 1940, by the following votes AYES: W.H. Bra ziliR.P.HotAjel11Ralph C.Kenned,y *F.C. Kimball, _ Joseph Leary NOES: None ABSENT: Presented to and approved by me this.26th day of February, 1940. 5 - Mayor - Re C�1/ 0• RESOLUTION NO. 496 (New Series) A RESOLUTION RELATING TO THE ISSUANCE OF IMPROVE- MENT BONDS OF THE CITY OF SAN LUIS OBISPO, PURSUANT TO RESOLUTION OF INTENTION NO. 4580 (NEW SERIES) DETERMINING THE AMOUNT OF UNPAID ASSESSMENTS, PRES- CRIBING THE DENOMINATIONS OF SUCH BONDS, AND PRO- VIDING FOR THEIR ISSUANCE AND DELIVERY. WHEREAS, the City Council of the City of San Luis Obispo, did, on -the 14th day of August, 1939, pass and adopt its Resolution of Intention No. 458, (New Series) relating to certain work to be done and improvement to be made in said City as therein described, under and pursuant to the provisions of the "Improvement Act of 191111, as amended, and did by said Resolution of Intention provide that serial bonds to represent unpaid assessments, and bear interest at the rate of four (4) per cent per annum will be issued thereunder in the manner provided by the 1'Improvement Bond Act of.1915", the last installment of which bonds shall mature four_(4) years from the second day of July next succeeding ten months from their date, reference to said Resolution of Intention being hereby expressly made for further particulars; Arid WHEREAS, the contract for said work'and improvement was duly awarded and thereafter duly completed to- the satisfaction of the Superintendent of Streets of said City, and -this City Council; where- upon in due course an assessment, diagram and warrant, were made, recorded and delivered to the contractor in time, form and manner as required by law, and the contractor or his assignee having made due return thereon and the same having been duly filed; and WHEREAS, on February 16, 1940, the Street Superintendent of said City made and filed with the Clerk of this City Council, a com- plete-list of all assessments unpaid thereunder upon the respective assessment or diagram numbers thereon, whereupon said Clerk gave notice of the filing of said list, and fixed in said notice Monday, the 26th day of February, 1940, at the hour of 7:30 otclock P.M. of said day, at the regular meeting place-of said City Council, as the time - 1 - 010 when interested persons might appear before the said City Council and show cause why bonds should not be issued upon the security of the unpaid assessments shown on said list, as appears from affidavits on file in the office of said clerk, said time being that of this'regu- lar meeting of said City Council; and said City Council having heard all objections against the issuance of bonds as aforesaid presented . before or at the time set for said hearing; and said City Council hereby passing upon and overruling and denying the same; and WHEREAS, since said filing by said Street Superintendent of said list of assessments unpaid, the following assessments have been paid, to -wit: ASSESSMENT AND DIAGRAM NUMBERS 14, 27 87 143 AMOUNT OF EACH ASSESSMENT IN DOLLARS AND CENTS $ 59.60 2.41 53.61 .53 aggregating the total sum of $116.15, leaving a balance due on account of said unpaid assessments of $1,415.87, and said list of assessments unpaid filed by said Street Superintendent, as aforesaid, appearing in all respects complete and correct after excepting and deducting therefrom the assessments paid since the filing thereof, as her.einabove set forth. NOW THEREFORE, it is hereby resolved and found and deter- mined by said City Council, that said list of assessments unpaid filed by said Street Superintendent as aforesaid, was at the time of said filing thereof in all respects complete and correct, and that since the filing thereof, assessments have been paid aggregating.the sum of $116.15, as hereinabove set forth, and also that the unpaid assessments made pursuant to proceedings duly taken under said Reso- lution of Intention, and the aggregate amount of the same. are as follows: - 2 - ASSESSMENT NUMBER 15 35 -A 35 47 56 57 60 60 -A 62 62 -A 63 65 68 68 -A 73 75, 76. AMOUNT DOLLARS ASSESSMENT' AMOUNT DOLLARS AND CENTS NUMBER -AND CENTS $ 45.57 77 18.76 1.66 78 21.44 60.60 80 21.44 53.61 88 53.61 59.48 89 53.61 22.4:1 97 43.98 3 98 29.46 26067 106 225.04 8.58:- 111 1.38 34.31 125 104.79 22.73 126 128.24 18.76 132;A 29.22 4.08 132 -A 29.22 1.36 133 67.06 32.16 134 67.06 32.16 135 60.36 29.49 2, 1944 And said City Council further hereby finds and determines that the total or aggregate amount of said as unpaid is the sum of $1,415.87. '. NOW THEREFORE, in consideration of the foregoing premises, the City Council of the City_of• San Luis Obispo does further hereby resolve as follows: SECTION 1. That bonds shall be issued upon the security of said unpaid assessments to said amount of $1,415.87, in accordance with the provisions of said "Improvement Act of 1911," as amended, and said "Improvement Bond Act of 1915", as amended, and under and pursuant to said Resolution of Intention a.ndresolutions, notices and proceedings in relation thereto, duly had and taken; said bonds shall be called "Improvement Bond," shall be ten (10) in number, shall be dated February 26th, 1940, and bear interest at the rate of four (4) per cent per annum; and the character and denominations of said bonds, - with their respective numbers and dates of maturity, are as follows: SERIES BOND NUMBER AMOBNT DATE-OF MATURITY P 1 1 $ 250.00 July 2,1941 P 1 2 33011 July 2; 1941 P 2 3 250.00 July 2, 1942 P 2 4 83.17 July 2, 1942 P 3 5 250.00 July 2, 1943 P 3 6 33.17 July 2, 1943 P 4 7 250.00 July 2, 1944 P 4 -8 33.18 July 2, 1944 .P 5 .9 250.00 July 2, 1945 P 5 10 33.18 July 2, 1945 - 3 - SECTION 2. Said bonds shall be issued in series, and the unpaid assessments as -shown on said list filed by the Superintendent of Streets and determined by said City Council and any reassessments whi-ch--may be issued thereon -or in lieu thereof, together with interest thereon, shall remain and constitute a trust fund for the redemption and payment of said bonder and of the interest which may be due there- on, which unpaid assessments shall be payable in annual series corres- ponding in number to the number of series of bonds issued,.and an even annual proportion of each assessment shall be payable in each year preceding the date of the maturity for each of the several series of bonds issued, and such proportion of each assessment coming due in any year, "together with the annual interest thereon, shall in turn be payable in installments as the general municipal taxes of said City on.real property are payable, and shall become delinquent at the same times and in the same proportionate amounts and bear the same propor- tionate penalties for-delinquency. Said bonds shall be signed by the City Treasurer of said City and countersigned by the City Clerk, who shall affix thereto the official seal of said City; the interest coupons affixed thereto shall be signed by the Treasurer or bear his engraved or lithographed signature; said bonds shall be substantially in-the form set forth in said "Improvement Bond Act of 1315,1? as amended, said City Treasurer and said City Clerk being hereby authorized and directed so to sign and countersign respectively. The interest coupons attached to each of said bonds and evidencing the interest to accrue thereon shall be numbered consecu- tively and be substantially in the following form, to-wit: Coupon No. Improvement Bond, City of San Luis Obispo, The City of San Luis Obispo,., will pay to the bearer hereof on the second day of at the office of the City Treasurer of said City in the County of San Luis Obispo, State of California, said sum being the semi - annual interest due on Improvement Bond No. of Series No.. City Treasurer. SECTION 3. Said bonds shall be forthwith delivered to said contractor or his assigns in satisfaction of the balance due him upon his assessment and warrant.- I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San,Luis'Obispo, at an adjourned regular meeting thereof held on the 26th day of February, 1940, by-the following vote: AYES :`N.H. Brazil, R..P.Howell.,Ralph C.`Kennedy,F.C. Kimball t Joseph Leary NOES: Axone ABSENT: None City Jerk Presented to and approved by me this26th day of February, 1940. iE • - 5 - RESOLUTION AIO. 497 ( New Series ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARI LUIS OBISPO APPROVING FIRST SUPPLEI`,lII ETTAL 1t40RAPMI OF AGREE LENT FOR EXPENDITURE OF 1/4 CMT GAS TAX ALLOCATED FOR STATE HIGI -DVAYS TTIEREAS, the State of California, through its Department of Public 'Works, Divisicn of Highways, has presented a first supplemental memorandum of agreement' in accordance with a project statement submitted by the City for expenditure of the 1/4 cent gastax for the 1939 -41 biennium allocated for State highways in the City. of San Luis Obispo; and VIA.EAS,. tide city council has heard read said agreement in full and is :familiar with the contents thereof; THEREFORE, be it resolved by the city council of the City of San Luis Obispo that said.agreement for 'expenditure of the.1/4 cent gas tax allocated for State highways be and the same is hereby approved and the L"Wor and the City Clerk are directed to sign the same on behalf of said City. ADOPTED this 11th day of March 1940, e Mayor of the City of San Luis Obispo. Attest: City Clerk of the W, o Lui Obispo I hereby certify that the foregoing resolution was duly and regularly passed by the city council of the City of San. I:uis Obispo at a regular adjourned meeting thereof held 11th day of It7arch , 1940. �:i�lerk of the Cit f - Luis Obispo. N N RESOLUTION NO. 498' (New Series) PROVIDING FOR THE ISSUANCE OF $25,000.00 "PRINCIPAL AMOUNT OF t'CITY OF SAN LUIS OBISPO WATER BONDS OF 1939, SERIES B"; PRE- SCRIBING THE DATE AND FORM OF SAID BONDS AND OF THE COUPONS TO BE ATTACHED THERETO; FIXING THE MATURITIES THEREOF; AUTHOR- IZING THE EXECUTION OF SAID BONDS AND COUPONS; AND PROVIDING FOR THE LEVY OF A TAX TO PAY THE PRINCIPAL AND INTEREST THEREOF. WHEREAS, all requirements of law have been complied with in calling and holding the general municipal election and consolidated bond election held in the City of San Luis Obispo on the 3rd day of April, 1939, at which election the proposition.to issue bonds of said City in the principal sum of $50,000.00 for the purpose of acquiring, constructing and completing the following municipal improvements of said City, to -wit: The enlarging, shaping and reconditioning of the two water reservoirs of the City of San Luis Obispo, the paving or lining of both of said reservoirs and the construction of roofs for said reservoirs and acquisition and installation of pipe lines, mechanical equipment, apparatus and incidental material and equipment in connec- tion with the improvements to said reservoirs, and the construction of appropriate housing for such equipment and apparatus, together with the acquisition and construction of distributing mains and other work, material and equipment, all to be used in the improvement of the water supply and water system of said City, was submitted to the voters of said City; and the City Council of said City did meet and canvass the returns of said election on the 6th day of April, 1939; -,and thereafter on the 10th day of April, 1939 did count and canvass all absent voter ballots cast at said election; and said City Council did as the result of said canvass determine and declare, and do hereby certify, that said proposition received at said election, the affirmative vote of more than two- thirds (2/3) of - 1 - w N all the voters voting on said proposition at said election, and was thereby carried and adopted by said election, and the issuance of said bonds by said City was duly authorized. AND WHEREAS; by Resolution No. 413 (New Series) passed and adopted by said City Council on the nth. day of April, 1939, it was determined that the aggregate principal of said bonds so authorized should be divided into two or more series, and that bonds in the principal sum of $25,000.00, to be known as 11Series An, Should be issued first, and should be issued as provided in said Resolution; and that the balance of said bond should be issued in one or more additional series, and at such time or times and under such condi- tions as might be thereafter fixed by.said City Council, separate and distinct from the bonds of Series A. NOW THEREFORE, BE IT RESOLVED by the Couricil of the City of San Luis Obispo, State of California -as follow - s: SECTION 1. That bonds of the City of San Luis Obispo, in the aggregate principal sum of.$25,000.00, to be known as the "City of San Luis Obispo dater Bonds of 1939, Series BIt, and being the .balance of the principal of said bonds so authorized, shall issue to pay the cost of additional viork in connection with the acquisition, construction and completion of the aforesaid municipal improvements of said City. SECTION 2. That said bonds shall be issued as hereinafter. set forth and shall be sold in accordance with law at not less than their par value and accrued interest. Said bonds shall be negotiable in form and of the character known as serial, and shall be twenty- five (25) in number, numbered consecutively from 1 to 25, both inclu- sive, of the denomination of $1,000..00 each. All of said bonds shall bear interest from their date annually, at the rate of three per cent (5 %) per annum, which interest shall be evidenced by coupons attached to each bond, and each of said coupons shall represent six (6) months' interest on the bond to which it is attached. The 2 - principal and interest of said bonds shall be payable at the office of the Treasurer of the City of San Luis Obispo in lawful money of the United States of America. Said bonds shall be dated the 1st day of May, 1940, and shall mature and be payable in consecutive, numeri- cal order, from -lower -to higher, one (1) bond on the 1st day of May in each of the years 1941 to 1965, both inclusive. Said interest coupons shall be payable on the 1st day of May, and the 1st day of November, in each year until and at the respective dates of maturity of said bonds, the first coupon on each bond being payable on the 1st day of November, 1940. SECTION 3. Said bonds shall be substantially in the following form, the blanks in said form and in the form of coupon given below to be filled with appropriate words and,figures, namely: No. UNITED STATE OF AMERICA STATE OF CALIFORNIA CITY OF SAN LUIS OBISPO WATER BONDS OF 1939, SERIES B $ 1,000.00 FOR VALUE RECEIVED, the City of San Luis Obispo, a municipal corporation, organized and existing under the constitution and laws of the State of California, hereby acknowledges itself indebted and promises to pay to the bearer hereof on the lst day of May, 19 , One Thousand Dollars ($1,000.00) with interest thereon at the rate of three per cent (3 %) per annum, payable semi - annually on the 1st day of May and November of each year, on presentation and surrender of the calipons hereto attached as they respectively become due; both principal and interest being payable in lawful money of the United States of America at the office of the Treasurer of said City. This bond is issued under and pursuant to the constitution and statutes of the State of California, and under and pursuant to ordinances and proceedings of said City, duly adopted and taken and a vote and assent of more than two- thirds (2/3) of all the qualified electors of said City voting at a general municipal election and consolidated bond election, duly and legally called and held for that purpose. - 3 - M N It is hereby certified, recited and declared that all acts, conditions and things required by law to exist, happen and to be performed precedent to and in the issuance of this bond, have existed, happened and been performed in.due time, form and manner as required by law, and that the amount of this bond, together with all indebted- ness of said City, does not exceed any limit prescribed by the con- stitution or statutes of said State or the charter of said City, and that provision has been made as required by the constitution and statutes of - said State for the collection of an annual tax sufficient to pay the principal of, and interest on this bond as the same be- comes due. The-full faith and credit of said City are hereby pledged for the punctual payment of the principal and interest of this bond. IN WITNESS WHEREOF, said City of San Luis Obispo has caused this bond to be executed under its,corporate, seal, signed.by its Mayor and its Treasurer, and countersigned by -its Clerk, and ha's caused the interest coupons hereto attached to be signed by its Treasurer, and this bond 'td be -dated the lst day of May, 1940. . r Mayor of the City of San Luis Obispo City Treasurer of the City of San Luis Obispo. Countersigned: City Clerk of the City of San Luis Obispo N N was levied and collected. Such fund shall be designated as "Water (1939) Bond Interest and Sinking Fund ", and all sums to become due for the principal and interest on said bonds shall be paid from such fund. SECTION 5, The Mayor of said City of San Luis Obispo and the Treasurer of said City are hereby authorized and directed, respectively, as such officers, to sign each of said bonds on be- half of said City, and the City Clerk is hereby authorized and directed to countersign each of said bonds and to affix the corporate seal of said City thereto; and the said Treasurer is hereby authorized and directed to sign each of the interest coupons, either by his own hand or by lithographed or engraved facsimile signature; and such signing, countersigning and sealing shall be a .sufficient and binding execution of .said bonds and coupons by said City. SECTION 6., The fund known as nWater Improvement Fund of 193P heretofore created and established shall be kept by the Treasurer of said City; and all proceeds of sale of any of said bonds shall be placed by the Treasurer to the credit of said fund, and shall be applied exclusively to the acquisition, construction and completion of the aforesaid municipal improvement. SECTION 7. The City Clerk is directed to cause to be lithographed, printed or engraved a sufficient number of bonds and coupons of suitable quality, and to cause the blank spaces thereof to be filled in to comply with the provisions hereof; and to pro- cure their execution by the proper officers, and to deliver them, when so executed, to the Treasurer of said City, who shall safely keep the same until they shall be sold by the Council;.whereupon he shall deliver them to the purchaser or purchasers thereof, on receipt of the purchase price. so N SECTION B. This resolution shall take effect from and after its passage and approval. J Adopted and passed by vote of Five members of the City Council of the City of San Luis Obispo, State of California, this 18th day of March, 1940. r of the 'ty-of San Luis Obispo ATTEST: & _ '�' "�" " 0 � Clerk of the City an uis Obispo - 7 -= M b CLERKIS CERTIFICATE I hereby certify that the foregoing resolution was intro- duced and read at.a meeting of the Council of the City of San Luis Obispo duly called and held on the 18th day of March, 1940, and that said resolution was thereafter at said meeting adopted and passed by vote of all members of said Council, as follows: n r NOES: None - -- - - ABSENT: N one And I further certify that said resolution was presented to, and signed and approved by F. C. Kimball, the Mayor of said City of San Luis Obispo on the 18th day of March, 1940. I further.certify that the foregoing resolution is spread . upon °Ahe records of the City Council of the,City of San Luis Obispo; California, at page- 247 of Book- II of Resolutions. WITNESS my hand and the seal of said City this day of-March, 1940.. Clerk of the C of San Luis Obispo; State of California" 7 .. �t RESOLUTION NO. 499 (New Series) DIRECTING THE SALE OF TWENTY -FIVE THOUSAND DOLLARS OF CITY OF SAN LUIS OBISPO WATER BONDS OF 1939, SERIES B. WHEREAS, the City Council of the City of San Luis Obispo, by Resolution No. 498 (New Series), duly passed and adopted on the -day of Larch, 1940, authorized the issuance -of Twenty�Five Thousand Dollars ($25,000.00) principal amount of bonds of said City to be known as 11City of San Luis Obispo Water.Bonds of 1939, Series B"., being twenty-five (25) in number, numbered consecutively from one to twenty -five, both inclusive, all of the denomination of One Thousand Dollars ($1,000400) each, all dated.the 1st day of May, 1940, bearing interest at the rate of three (3) per cent per annum payable semi -- annually, said bonds maturing in numerical order on-the 1st day of May in each of the,-years 1941 to 1965 inclusive; AND WHEREAS, the.said City Council is authorized- to sell such bonds in such manner as it-shall-determine; AND WHEREAS, it is for the best• interests of the City of San.Luis Obispo to offer said bonds for sale at public sale; NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo.as follows: Section 1. That upon receipt of proper proposals accep- table to the City of San Luis Qbispo,.all of said bonds shall be sold. Section 2. The City Clerk is hereby,directed to cause a notice of such sale to be published for five (5) days in thellTelegram- Tribune", a daily newspaper printed and published in said City. Such notice shall briefly describe the bonds to be sold and shall invite sealed proposals for their purchase, to be filed with the City Clerk on or before 7:30 P.M., Monday the 8 th,,-day of April, 1940. --1- Section 3. At said time the Council shall open the pro- posals (if any) and shall accept the offer of the highest bidder, if it equals or exceeds the face value of said bonds; provided such offer is acceptable to the City of San Luis Obispo; but if.no offer is equal to the face value,, the Council shall reject all bids; should any of two or more bids be equal in amount, the Council may accept the offer of any such bidder and reject the others. Should no-bids be received equal to the face value, the Council may either re- advertise or fnay sell any of said bonds for the face value with- out advertising, at private -sale. : Mayor oft Ci y of San Luis Obispo ATTEST: Clerk .of ,the= Cit of San Luis Obispo - 2 -- CLERKIS CERTIFICATE -I hereby certify that the foregoing resolution was ntro- duced and read at a meeting of the Council of the City of San Luis Obispo duly called and held on the 18thday of March, 1940, and that said resolution was thereafter at said meeting adopted-and passed by vote of Five members of said Council, as follows: AYES: N.HT,Brazi_l. H Uj ~Ralph C.Kennedv. F.C•Kimball^ Joseph Leary NOES: None ABSENT:. None And I further certify that said resolution was presented "to; and signed and approved by F. C. Kimball, the Mayor of said city 6f San Luis Obispo on thel8th day of March, 1940. I further certify that the foregoing resolution is spread upon the - records of the City Council of the City of San Luis Obispo, California, at page 251'of Book II of Resolutions. WITNESS my hand and the .seal of said City this day of March, 1940. Clerk. of the City . San Luis Obispo, State of California RESOLUTION NO. 500 (New Series) A RESOLUTION DETEFJ�INING AND CLASSIFYING CERTAIN STREETS AS STREETS OF MAJOR IMPOR- TANCE WITHIN THE CITY OF SAN LUIS OBISPO, FOR THE PURPOSE OF EXPENDING THEREON GAS TAX FUNDS.. WHEREAS, under and by v4tue of the provisions'of the Streets and Highways Code, the State Highway Commission is re -_ quired to allocate an amount equal to one quarter of one cent per gallon tax-on motor vehicle fuel and to expend or cause the same to be expended within the cities of the state for the ac= quisition, construction, maintenance and improvement of streets of major importance within such cities. AND WHEREAS, by reason of the provisions of law, there has accumulated to the credit -of -the City of San Luis Obispo cer- tain funds which may be expended upon streets of major.importance within said city. Y. AND VIHEREAS, the City Council of the City of San Luis Obispo did heretofore classify certain streets and portions of streets within the City of San Luis Obispo as streets of major importance, and desires to determine certain additional streets.and portions of streets as streets upon which said funds may.be expended, and to classify such.additional'streets and portions of streets as streets of major importance within said -city. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the following named streets are hereby detertined to be, and are hereby classified as streets of major importance with- in said city, to -gait: Pismo Street from High Street to Essex Street. Leff Street from High Street to Osos Street. Church Street from High Street to Osos Street. Garden Street from Marsh Street to Upham Street. - 1 - Mill Street from,Santa Rosa Street to Broad Street. Essex Street from Monterey Street to Palm Street. Osos Street from Southern Pacific Railroad Right of Y9ay to Ella Street. Ella Street from Osos Street to Johnson Avenue. Nipomo Street from Rigu.era Street-to High Street. That there is attached to this resolution and hereby referred to and made a• part hereof, a street map of the City of San Luis Obispo upon which map said additional streets so classi- fied as streets of major importance are shown,in grey. 3. That the State Highway Commission be and said com- mission is hereby requested to approve of the determination made in this resolution. -4. That the City Council reserves the right to classify other streets within said city as streets of major importance, at such future time as may be determined by said Council. PASSED AS]D ADOPTED this 1st day of 'April, 19405 by the following voter a AYES: W.H. Brazil, R. P.Howeil.Ralph C.$ennedy, F. C. Kimball, Jose Rh Leary. NOES:. None ABSENT: None Mayor ATTEST: City Clerk - 2 - , -V- 5L 0 -,2 -sz o !Fmm El .. /'�\ l ✓� \���t � \� \\ \ � -__ -tea" a.-�. ; �{ O A X J L � �1 '�J� _ \� � R �\ l� �� \ wC/, �/ �� � i' • I zA 11Z L-4