HomeMy WebLinkAboutOrdinance 424 C.S. 10/01/1934ORDINANCE N0.1-1§11 --C. S. introduced by CounclIman Seconded b Councilman AN ORDINANCES THE CITY OF PET, LUMA PROVIDING FOR THE PAYMENT BY THE CITY OF A SUM NOT TO EXCEED SEVEN HUNDRED DOLLARS (0700.00) TOWARD THE COST OF REPAIRING AND REMODELING THE CLOCK AND TOHER SITUATED ON THE TOP OF THE NORTHEAST CORNER OF THE MASONIC HALL ASSOCIATION BUILDING IN THIS CITY; APPROVING OF A WRITTEN CONTRACT WITH THE HLISONIC HALL ASSOCIATION CONCERNING THE SAID WORK OF REPAIRING THE CLOCK AND TO'V"JE-h; ASSUIT'JING O`dNERSHIP OF SAID CLOCK AND AGREEING TO OPERATE AND MAINTAIN SAID CLOCK; AND REPEALING ORDINANCE NO. 421 C. S. WHEREAS, for many years past the City of Petaluma has maintained, operated and kept in repair that certain clock and tower situated on the top of the Northeast corner of the Masonic Hall Association Building on the corner of Western Avenue and Main Street in this city; and UHEREAS, this Council, by Ordinance No. 421 Ca S., determined to remove said clock and tower pursuant to a request made by said Masonic Hall Association, but that subsequent to the adoption of said Ordinanca No. 421 C. S. said Masonic Hall Association requested that said clock and tower be not removed, and proposod that instead of removing the sama that certain repair work be done thereon, the expense to be borne by this city., the Masonic Hall Association and contributions from interested citizens in this city, under an agreement that the city would assume ownership of and the obligation to maintain and keep the clock in repair, and the Masonic Hall Association would assume ownership and agree to maintain and keep in repair said tower, which said agreement has been signed by the officers of the Masonic Hall Association thareunto duly authorized and dated the day of September, 1934, reference to which said agreement and all the parts thereof is hereby made, with the same force and effect as though said agree- ment ware incorporated herein and made a part of this ordinanco; NOW, THEREFORE, the Council of the City of Petaluma do ordain as follows: Section 1. That the Mayor and the City Clerk be, and they are hereby, authorized and directed to make and execute for and on behalf of the city a certain written agreement dated the 0/511 day of September, 1934, wherein said city is named First Party, and the Petaluma Masonic Hall Associa- MH tion, a California corporation, is named Second Party, which provides for the performance by said association of certain repair work in and about the clock and tower situated on the Northeast corner of the building of said association, on the corner of Western Avenue and Main Street in this city; and which provides for the contribution of the sum of Two Hundred and Fifty Dollars (0250.00) by said association and the sum of Five Hundred and Sixty-five Dollars (0565.00) by this city', unless the ex- pense of said work shall exceed the sum of One Thousand Six Hundred Sixty- eight and 28/100 Dollars W1668.28), in rhich event the city will pay and contribute an additional sum not to exceed One Hundred and Thirty-five Dollars 0135.00); and which further provides that this city releases said association from any claim in or to said tower, and vests ownership of said clock situated therein in the city, with the liability and obligation by tho city to maintain and operate the said clock and be liable for any damages resulting from nagli6ence in operating or maintaining the said clock; and which further provides that the city shall be released by the said associa- tion from all claims which it now has or assarts against this city for damage or injury to said Wilding, arising from the previous maintenance of said clock and/or tower by the city. Section 2. That the city shall, and it does hereby, appropriate from the funds of the city the said sum of Five Hundred and Sixty-five Dollars (65. 0000) as its contribution for said work, and the additional su'LIM of not to exceed One Hundred and Thirty-five Dollars N135.00) in the event the cost of said work shall exceed the sirm of One Thousand Six Hundred Sixty-eight and 281100 Dollars (",1668.28), and that the City Clerk be, and she is hereby, authorized and directed to draw a warrant covering said appropriation upon the certification by the City Engineer that said mark has been completed and performed. Section 3. Ordinance No. 421 C. S. and all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 4. This ordinance is urgently required for the immediate preservation of the public peace, health and safety of the City of Petaluma, and the City Clerk shall cause it to be posted in three (3) public and con- spicuous places in the City of Petaluma, and after five (5) days thereafter, M when at a regular meeting it shall have received the affirmative vote of not less than five (5) members of the City Council it shall take effect and be in force. I hereby certify that the foregoing Ordinance No. C. S. via s duly q sUlomitted li re e as City Attorney, and approved by rae this day of 1934, and before its final passage. City Attorna7. City Clark. I hereby certify that the within ordinance was posted in three public places in the City of Petaluma, to -wit: In front of - AD 451tP00 t -_22la-t.day of ! 5_Q'APu1b_ur_. iqis� 4 the City Hall, and at _ L_ ----------------------------- on the ------- I hereby certify that the whole number of members of the Council of the City of Petaluma is seven, and that the fore- going ordinance was passed by the Council at its meeting of._ 2PI_day of__Oct Obe-r - - - -----_----------- __ 141-, by the following vote, to -wit: 7' AYES: COUNCILMAN -------- MI.L'ls ----- ------ --------- ------- COUNCILMAN...--- i ---------------------- T COUNCILMAN .......... Q 1) ---II COUNCILMAN_- Y ........... -------------- COUNCILMAN .......... ------------------- ------------------------- COUNCILMAN ------------ �![')J(_ lk ........... ---------------- MAYOR........ ---------_------------------ NOES: _ -------- ......... -------------------------------------------------- ABSENT: . ------------ ...... k ------ ---- ;­ L - ---- ----- V ATTEST. --- --- ------------- (SEAL) CITY CLERK The foregoing Ordinance Number ------ 4121 ......... Charter Series, having been regularly passed and presented to me this 1j0'_t----day of ---- 0 r2. t, Oh.' 2.... 196-11-_, is hereby approvcd'SVM5,,this....I s t Ia' C i0haI2 .....19 ------- -------------- 10 ----------- i ---------------- --_-------- L- MAYOR.