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HomeMy WebLinkAbout01171916Called Meet . City Hall, Palo Alto, Cal., January 17th, 1916. The Council of the City of Palo Alto met on this date at 7: 30 p.m., with Mayor Swain presiding, pursuant to the following call; " "Palo Alto, Cal., January 14,1916 • "you are hereby notified that upon petition of eight "(8) Members of -the CGunci.l of the City of Palo Alto, a special "meeting of ..the Council of the City of Palo Alto is called for "Monday, January 17th, 1916, at 7:30 p.m., for the purpose of "considering and acting upon the question of the settlement of °tthe Fairfield. and Mou1e claims and lawsuits, and to transact "such ether business ' as may come before the Council." (Signed) . E. Swain, .mayor" Roll call as follows: Present: Ackley, Congdon, Cooley, Cramer, i'ienry, Jordan, Miller, Mosher, Peterson, Roller, Swain, Thoits, Wing. Absent: Snyder, Vail. The Mayor read the call and stated that the Council would proceed with the business stated in said ^c.11. Appropriation to Pa4Y sou e Claim. The following motion was made by :posher and seconded b } Ackley: 1 move that the sum of $125.00 be appropriated out of the genera, fund for the settlement of the Moule claim and lawsuit, ,and that the chairman of the Board o. Public Works be authorized to settle the claim. The motion was discussed at length and the City Attorney submitted a written opinion on the settlement of dv.mage claims. "ing presented an, estimate from the electrical depart- .ment of the .coat of lighting nineteen trees on the improved • - - streets that. are more than six feet from ti -.e curb line: $93.70 for ine tailing the lights and $66.58 for annual mai tenance. He made a substitute motion that trees more e than ;ix feet from the curb line on paved streets be .lighted, but the motion received no seem!. The vote on the original motion on roll call was as follows: ,Ayes: Ackley, Cooley, Cramer. henry, Miller, Mosher, Peterson, Roller, Noes: Congdon, Jordan, Swain, Th cite, Wing. The Mayor declared the motion lost, under Section 12 of -Article III of the Charter of the City of Palo Alto. Cramer appealed from the ruling of the .Mayor and the appeal pas seconded by Ackley. The roll call vote on the ques- tion: Shall the chair be sustained?" was as follows: Ayes: Congdon, Jordan, Thoits, Wing. 'Noes: Ackley, Cooley, Cramer, henry, Miller, Mosher, Peterson, Rolle:. Not voting: Swain. The Mayor declared the motion sustained and the appeal from the decision pf the chair granted. Proposal to Li t Trees: Wing and Congdon: roved that pending the settlement of the tree, question trees more than six feet from the curb on paved streets be lighted. The motion was lort by the following vote on roll call: Ayes: Oongdon, Theitra, Wing. Noes: Ackley, Cooley, Cramer, henry, Jordan, Miller, Moeller, Peteraon, Roller, Swain. Notiee to Board of Public Works. The following motion was made by Ackley and seconded by Miller•. - -I move that the City Clerk be instructed to give no- tice in writing to each of the members of the Board of Public Works and -the City Rngirleer that under the state law and the city charter. as interpreted by the court the streets of Palo Alto are under the absolute co that this Council wil public money for the settlement of claims The Council therefore policy as will protec The motion Ackley, Cooley Roller. Congdon, Jcrd= Ayes: Nose: Motionto Deelar The follrwi Ackley: I move that curred and lawsuits 1: on account of the tre Palo Alto, therefore the curbs in the stre in Palo Alto avenue feet from any street trunks extend more try is hereby declared to Works is advised to a Wing, a_nd Ce. clared a resolution o.. lost by the following Ayes: ‘-orgdcn, J ord: Noes: Ackley, Cooley, Roller. "The crigina'. roll call: Ayes:- Ackley, Cooley, Roller. Noes: Congdon, Jordan eo^rja ion to Cramer: The fcllovie I move that general fund for the z suit, and that the ch= thorized to settle the -The vote on Ayes: Ackley, Cooley, Roller. Noes: Congdon, Jordan, The Mayor de Article III of the Cramer agpea. appeal was seconded by tiara: "Shall the cha.i Ayes: Longdon, Jordan Noes: Ackley, Cooley, Roller. Rot voting: Swain. from the The yo:; de, fnMag o. the C om ` n 4 ca- l O I_ A letter fro", der -nation right of was read and ordered t A co nun,icat into contract to remov. the Board of Public Vo, 0, Cal., 1916. tiorn of eight ;.o, a special is called for e purpose . of. settlement of to transact Mayor" the Council 11. priated out of the re and lawsuit, s be authorized the City Attorney damage claims. ctrical depart - e improved line: $93.70 for enance. He made from the curb received ;;p second. call was as er Section 12 of to. Mayor and the e on the ques- ilows: her, Peterson, and the appeal ? er , Mosher, and seconded under the absolute control of the Board of Public Works; and that this Council will not feel juatified in spending ::.:y more ' ublic money for the retesaticn of trees in the streets or the settlement of claims arising from their presence in the streets. /hc Council: therefore suggests that the Board of Works adopt such policy as will protect them against litigation. . The motionewas passed by the following vote on roll call: Ayes: Ackley, Cooley, Cramer, Henrys Miller, Mosher, Petersen, - Roller. ices: Congdon, Jordan, Swain, Thoits, Wing. Motion to Declare Trees a Nuisance Passed. The following notion was made by Cramer and seconded by 1 move that whereas many and serious accident have oc- curred and lawsuits lave arisen against the city and its off i .vials on account of the trees standing in the streets and avenues of Pais Alto, therefore eaca and every tree standing anywhere between the curbs in the-streeua and avenues of Palo Alto (except the trees inPalo Alto avenue and much trees as stand not less than twelve feet from any street corner -and no part of the base of whose trunks extend more. than four feet outside of the curb line) be and is hereby declared to be a public nuisance. And the Board of Public Works is advised to arrange for their removal. Wing and Congdon moved to amend that the motion be de- clared a resolution of the City Council, and the amendment was lost by the following vote on roll call.: Ayes: Congdon, Jordan, Swain, Thoits, Wing. Noes: Ackley, Cooley, Cramer, henry, Mille_, Mozher, Peterson., Roller. The original motion was passed by the following vote on roll call: Ayer: -Ackley, Cooley, Crarrer°, Henry, Miller, Mosher, Peterson, - Roller. Noes: Congdon, Jordan, Swain, Thoits, Wing. Aeeropriation to Pay Fairfield Claim. The following motion was made by kosher and seconded by 1 move that the sum of $75.03 be appropriated out of the general fund for the settlement of the Fairfield -claim and law- ssuit, and that the chairman of the Board of Public Works. be au- thorized to settle -the claim. The vote on the motion on roll call was as follows: Ayes: Ackley, Cooley, Cramer, Henry, Miller, Mosher, Peterson, Roiiee. Noe Congdon, Jordan, Swain, Thoits, Wing. The Mayor declared the motion lost under Sector. 12 of Article 111 of the Charter of the City of Palo ato. Cramer appealed from the ruling of the Mayor and the aPpeal was seconded by Ackley. The roll call vote on the e a,ee- t'i0 : "Shall the chair be sustained?" was as follows: Longdon, Jordan, Thoits, Wing. Oes: Ackley; Cooley, Cramer, henry, Miller, Mosher, Peterson, Roller. Not voting:• Swain. The Mayor declared the motion sustained and the appeal froze the ruling of the chair granted. Communications: Cramer: Ackley: A letter from Supervisor P.E.Mitchell relative to con- demati;on of right cf way from the subway to the state highway xa8 read and ordered filed. A communication from R.A.Hettinger, offering to enter into contract to remove trees from the streets was referred to theBoard of Public Worke on motion of Thoits and Congdon. Ordinance (Ci 1y P1a._nnin ) Introduced. A letter was received from Councilman W. F. Miller, re- commending the enactment of c- ordinance creating a city planning commission, .and submitting a copy of the proposed ordinance. The ordinance, 'entitled: 'An Ordinance ;prOvid2:zg for the establfSh- ment, government and ma_,.n ,. enance of a city planning commission in and for the City of Palo Alto,, and prescribing its powers .and duties* was given first reading and referred to Committee #1. On motion of Mosher and Miller the Cunci1 adjourned. Approved: ay o r Attest:. �i�, ,�•a-.rte City Clerk k n,1'_e. :ect; n The Council at 5 p.:. , pursuant to l t Council: ,.. �..L A :^.cctin of s".^.ereby called for Thu:. 'Council Room at. the SS "the Federal Telegraph "and to consider click o "the nee tine.;. o iwair i Present: ..ck.ey, Cong Peterson, Rol Acze::t: Her.ry, S Hyde.. Leone =o Pc`ierai 7' The .'3.y0r st land from the City "o the ;euncil for corsidc the City Clerk. .:ocher and Cr p3.ge 2„ to provide that ?rove: ents, and or rage extended for a longer p "a yearly cer.ta1 of all in addition to an =cur. gross rental paid by ti.;. sears to one `�.ousanc :nanimoua vote or. roil At this time -; p V vn ;:o t. on of «C:3 passed c,: unanimous "Resolution "of . y The C o .ice. c .. 2. fly d:cs: That t`_,3.' Cep Col :g ,N: e, to which -the Ci t;; , of Pa.o "porati• n. for a period. Twelve on the terms and cond i "Swain, ,<. .yor of the Ci "Clerk, are hereby au.th "of thc City by hemse:. "seal of the City there M Duly�.a3std t cial meetinc, of the Ci • :yea: Ackley., 'Congdon Peter:ao. "roe Y .... n ;nod; Fr•;.nk City Cl -he text of s .7) be executed by the Y. tv is as fr:21ow's AS a tw�'ar E1eg: aphML'oWpa ny , � a. :; N P•_ his indentur '9'6 Swan, rayor, an