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HomeMy WebLinkAbout09/17/1917WR City Hall, Monday, Sept 17th 1917- 7: 30 P.M. Council met in regular session with W.ayor.Stover presiding. ROLL CALL : Present, H.B.. Kirtland, H.A.:'.Gowman, John Chapek and W.•M.Stover. Absent, L.F. Sinsheimer. The minutes of Sept 4th and llth,were.read and..approved.as read. The following.applic.atio.ns for permits to build.were received. Eliza Shipman - Lot-4 Block 200- Garage - Wood- Cost $ 160.00 August Vollmer - Block 61 - Repairs to Residence - Cost 0 1000°00 Ray 0. Wickenden - Lot 17 Block 9 Central Addition- Sleeping Porch Cost 75.00 Mrs. -'weenie Warden- Block 10 - Improvements on upper floor of present building fo'r private bath rooms, Cost $ 1000.00 .It was moved by H. A. Gowman and seconded by H. B.- Kirtland that'.the above applications be granted. On motion of H. B. Kirtland seconded by John Chapek the application of :.' _........_ Stafford Spencer for permit to. place 50 ft of Rill width cement sidewalk , curbing and gutter on the easterly side of Santa Rosa.St. between Palm and Mill St.-Lot 4 Block 32, was granted . Application received from J. 0. Clifford for sewer connection on Ella St. between Osos and Santa Rosa St.; also, from Christian P. Anderson for the same on Santa Rosa St. between Islay and Leff St.. In the latter.application it was. requested that the.City furnish one " 6 x 4 Y ",.there being no " Y " in the Main in front of this property... On moti.on.of H.A. Gowman seconded by H.E., Kirtland the matter was referred to the Commissioner of Public Works with power to act. The report of the City Treasurer for the month of August received.and ordered filed on motion of H.B. Kirtland seconded by H.A. Gowman. The bond of 1.7illiam T. Shipsey.as Police Judge was presented, It was moved by H.A. Gowme.n' and seconded by .H: B.. Kirtland that the bond-of Mr.. Shipsey be accepted. The application of J.ff. Mitchell for a Restaurant Liquor license , which had been referred at a previous meeting for investigation, was granted upon motion of H.A. Gowman seconded by H.E. Kirtland. The application of Myra W. Woods for. a.lic.ense for a Lunch Room at 971 Church St. which had been referred for investigation , was ordered granted upon motion of H.A. Gowman seconded by H.E. Kirtland. The application. of Cornelius Van Proyen for license for Lunch Counter at 885 Monterey St. , the same having been referred for investigation, was again ordered held over for one week upon the recommendation of Commissioner Gowman. The application of Antonio Petrini and Cornelius Van Proyen for Taxicab license which had been.referred for the usual investigation, were again referred for one week . A representative of the Automobile Club of Southern California addressed the �w , Council in re Railroad Crossing signs , such as are required by the Pail Road Commission. �G He stated that the Club could furnish said signs at $ 2.75 each and maintain them without further cost to the City. It was moved by H. A. Gowman and seconded by H.B. Kirtland that the proposition of the Automobile Club be accepted and that they procure and install the number of signs required. -The matter of the shortage in.the accounts of the late Police Judge Thos..Rhodes dv&_ was brought up for settlement and following herewith is the opinion rendered by the City Attorney relative to the same: 1 1 7 1 �► September 17th,1917. To The Mayor and Council of the City of San Luis Obispo:- ' Gentlemen:- As instructed by. the Council at its last meeting,.I have taken up the matter of the accounts of the. late Police Judge of the City, and beg to report as follows : - The report of.the.expert employed. by the City shows $641.05 collected and un- accounted for prior to.June lot, 1917_, and $511.00 collected and unaccounted for since that date, to-which - latter sum should be added $80.00 not included in this re- port, making $591.00 collected and unaccounted for since June first. on May 15th, 1917, the Council declared this office vacant to take effect June first. Subs`equent:lyg_the..t hen . incumbent was appointed to.fill the vacancy, but. never anglified. and never Piled any .bond under the new appointment. Under his first appointment a bond in the usual form in the sum ofy:$1000.00 was filed, with the National Surety Company.As surety. The National. Surety .Company,- .through, its adjuster,.admits its liability for defaults priotto June first a , agrees to-accept the figures, of the city's expert and to pay the sum so shown by him to be due, to wit, $641.05, if claim is made for that amount, but denies that it was the surety of the police judge after June first, and denies liability for - failure to account after that date. It is a general principle of law that the liability of a. surety on an official bond general in form as was this, is terminated with the term of the principal. Has Mr. Rhodes held this office for a definite term which expired on June.lst,: I believe that, since it is made the duty of an officer whose term has expired to con -. tinue in office until his successor has qualified., Mr. Rhodes.continuance in the.dis- charge of the duties of the office without qualifjring under the new term, would be construed as a part of his old term in pursuance of this official duty, and the surety would be liable for his defaults after June first. In the present case however, the officer held office at the pleasure of the Council. When the Council declared the office vacant, I believe that it became un- lawful for him to remain in office under his old term, and his subsequent acts there- fore cannot be sonstrued as a part of the old term. Therefore I am of the opinion that the surety is not liable for his failure to account for collections made after June first, 1917. This conclusion is not free from doubt. There is much confusion and dis- agreement in the adjudicated cases on the general subject, and none which I have been able to find exactly.in point. Very respectable argument can be advanced in behalf of the city if it is determined to commence wait for the shortage occuring after June first, but I believe that the ultimate outcome of such action would be a decision adverse to the city. Very respectfully, C. P. Kaetzel, drew a check for that amount and presented it to the City Clerk. The Mayor also stat5d that hereafter he would sign no warrants for the salary of any official who has the handling of any money until he had received information from the City Treasurer that all accounts have been settled. It was moved by H. A. Gowman and seconded by H. B. Kirtland that the City of San Luis Obispo bill the National Surety Co. for the sum of $641.05 for liability on the bond of the late Police Judge Bhos, Rhodes. The motion carried. An executive session was to be held after adjournment when the matter of the lighting system was to be taken up. O /n, motion of H. A. Gowman seconded by H. B. Kirtland the meeting adjourned to Monday, 24th at 7:30 P. LI. it 36& Mayor Stover stated that he felt that some one. had been neglectful in their duty and that he felt himself partially to blame, that he did not:.want th.e.City to lose any money during his term of office and as he wanted the matter settled he himself would make up the balance of the shortage, to wit,'$591.00. He thereupon drew a check for that amount and presented it to the City Clerk. The Mayor also stat5d that hereafter he would sign no warrants for the salary of any official who has the handling of any money until he had received information from the City Treasurer that all accounts have been settled. It was moved by H. A. Gowman and seconded by H. B. Kirtland that the City of San Luis Obispo bill the National Surety Co. for the sum of $641.05 for liability on the bond of the late Police Judge Bhos, Rhodes. The motion carried. An executive session was to be held after adjournment when the matter of the lighting system was to be taken up. O /n, motion of H. A. Gowman seconded by H. B. Kirtland the meeting adjourned to Monday, 24th at 7:30 P. LI. it 36&