HomeMy WebLinkAboutAgenda Report - January 6, 1982 (21)The certification of petitions as prepared by
the engineer for the proposed Downtown Assessment
District certifying that the petitions for improve-
ments exceeds 60 percent was presented to Council
by City Clerk Reimche.
t.
} The following persons who were in the audience
addressed the Council concerning the proposed
assessment district: A lengthy discussion followed
with questions being directed to Staff.
a) Mr. Bill Canepa, 131 S. Orange Street, Lodi.
b) Mr. John Ochsner, Senior Citizen's Club,
113 N. School Street, Lodi.
CERTIFICATION OF On motion of Councilman Hughes, Katnich second,
PETITIONS Council received for filing certification of the
PROPOSED DOWNTOWN petition for improvements for the Lodi Downtown improve
ASSESSMENT(- ment Assessment District, certifying that the petition
DISTRICT for improvements exceeds 60 percent.
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�iI7Y WOUNCII
JAMES A. N%cCAR TY. Mayor
RObtRT G. MURPHY. Mayor Pro Tern
RICHARD L HUGHES
WAITER KATNICH
TAMES W. PINKERTON. 1:
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CITY OF LODI
CITY HAtt. 221 WEST PINI STREET
POST OFFICE BOX 320
LODI. CALIFORNIA 95241
(209) 334-5634
January 18, 1982
HENRY A. GLhVES. Jr.
City Manager
ALICE M.REIAXHE
City Clerk
RONALD M. S It IN
City Atternev
Mr. Timothy Hachman
Attorney -at -Law
141 E. Acacia
Stockton, CA
Dear Mr. Hachman:
Please be advised that the Lodi City Council at its
regular meeting of January 6, 1982 received for filing
certificate that the improvements for the Lodi Down-
town Improvement Assessment District exceeds 60 percent,
which certificate was signed by Quad Engineer Charles
D. Sanford.
We have enclosed a copy of the certificate and of the
petition for your files.
Mr. William Canepa was. in the audience asking a
great many questions regarding the district., the
petitions and their certification.
We are awaiting your instructions and guidance on
going forward with this project.
Very truly yours,
oq
Alice M. Re=che
City Clerk
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CERTIFICATE
THAT PETITION FOR IMPROVEMENTS
EXCEEDS 60 PERCENT
Lodi Downtown Improvement
Assessment District
Project #82-1
1 the undersigned, for QUAD Engineering, Inc., of work for the above
named proiect, hereby certify that i am the engineer to whom the petition
for improvements in the above project was referred for checking; that 1
have computed the areas represented by the petition filed with the City
Clerk of the City of Lodi, and that said petition is signed by all of the
owners of more than 60 percent in area of the property subject to assessment
for the proposed improvements whom appear to be such on the assessors
roll, or, In the case of transfers of land, or parts thereof, subsequent to
the date upon which the last assessor's roll was prepared, appear to be
such on the records In the County Assessor's Office which the County
Assessor will use to prepare the next ensuing assessor's roll, on the date
that said petition was filed, providing that where the person signing said
petition appears on said rolls as the owner of property as joint tenant or
tenant-in-common, said property was counted as if all such tenants had
duly signed.
Sirjn,�ttirr, Pato
PEI O1,Y FOR THE ACQUISITION AND/OR CONSTRUCTION
OF I ROVE1
'TENTS BY SPECIAL ASSESSMENT AND ASSESS-
MENT BOND ACTS, AND WAIVER OF PROCEEDINGS UNDER
THE SPECIAL ASSESSIrIENT INVESTIGATION. LIMITATION
AND MAJORITY PROTEST ACT OF 1`931
DOWNTOWN LODI ASSESS►IENT DISTRICT
To the Honorable City Council
of the City of Lodi,
San Joaquin County, California
Gentlemen:
The undersigned respectfully petition your Honorable Body and
show as follows:
1. All of the undersigned are owners and holders of interests
in land proposed to be assessed for the acquisition and/or construction
of improvements of lands within the area more particularly described
in Exhibit A. attached hereto and made a part hereof.
2. The undersigned respectfully petition that you undertake
proceedings under appropriate special assessment and assessment bond
acts for the acquisition and/or construction of certain improvements,
hereinafter described, and the financing of the costs thereof.
3. That you assess the costs of said acquisitions and/or
construction, together with the expenses incidental thereto, upon
the district benefited thereby, the exterior boundaries of which
district are described in Exhibit A hereto attached, and delineated
upon a map thereof entitled, "Proposed Boundaries of DOWNTOWN LODI
ASSESSMENT DISTRICT", filed concurrently herewith, to which reference
is hereby made for further particulars. Said map indicates by a
boundary line the extent of the territory included in the proposed
district and shall govern for all details as to the extent of the
assessment district.-
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4. Said improvements are more particularly described as follows:
The improvement of the following streets by the construction and
installation therein of:
(a) Parking improvements and associated street landscaping
and street improvement modifications, comprising the
installation of diagonal parking on Oak Street and
Walnut Street between Church Street and Sacramento
Street. and on School Street between Lodi Avenue and
Locust Street;
(b) Traffic controls and landscaping islands on School
Street between Lodi Avenue and Locust Street;
(c) Landscaping. street furniture, and other appurtenances
required to complete the installation of the above
described improvements;
(d) Modification of drainage facilities, relocation of fire
hydrants, and modification of traffic signals, all as
required for the installation of the foregoing parking
and landscaping improvements;
(e) The doing of all work auxiliary to any of the above and
necessary to complete the improvements;
(f) The acquisition of all lands and easements necessary for
any of said work and improvements.
5. That BLEWETT. GARRETSON & HACHMAN, A Professional Corporation,
be appointed and employed to do and perform all legal services required
in the conduct of the proceedings, including the preparation of all
papers not required to be prepared by the Engineer (exclusive of
printing and preparation of bonds, bond and auditor's register, printing.
mailing and publication of notices), examining and approving the
engineering documents, advising the Engineer in the preparation of
his work, advising all City officials on all matters relating thereto
when called upon, and furnishing its legal opinion on the validity
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of said proceedings and bonds, and that its compensation be fixed
by resolution of the City Council, to be assessed as an incidental
expense of said proceedings.
6. That QUAD COIJSULTANTS, Visalia, California, be appointed
Engineer of Work and directed to do and perform all engineering worts
necessary in and for said proceedings, and that their compensation
be fixed by resolution of the City Council, to be assessed as an
incidental expense of said proceedings.
7. That the cost of said acquisitions and/or construction of
improvements in said proceedings be fixed at the actual cost thereof
as determined on the basis of prices furnished to and approved by
the City or prices fixed and established pursuant to bids on the
work, and that said amounts be paid solely from the proceeds of said
assessments and the sale of assessment bonds.
8. That the amounts of such payments be fixed by certificates
prepared and executed by the Engineer of Work and approved by the
City as to amounts due or paid for work and improvements, and that
payments therefor by the City be based on the amounts set forth in
said certificates.
9. That the compensation of the Engineer and Attorneys be
paid solely from the proceeds of said assessments and sale of assessment
bonds, on invoices duly audited and approved by the City Council,
or to anyone who has advanced all or any part thereof, in accordance
with the certificates prepared as provided in Section 8 hereof.
10. That the cost of printing and advertising in connection
with said proceedings be paid to the persons performing the services,
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or to anyone who has advanced the cost thereof. solely from the
proceeds of said assessments and sale of assessment bonds.
11. That you are authorized to exercise your proper discretion
as vested is you pursuant to said acts to make changes and modifications
in said work, improvements or acquisitions prior to or during, the
course of said proceedings, and to conduct such supplemental assessment
or reassessment proceedings as may be necessary to complete the acquisi-
tion, construction and financing of said improvements.
12. All of the undersigned owners of said property are desirous
of having said acquisition and/or construction of improvements made
and done by -said City in order that the same may become usable for
human habitation at the earliest possible time, and in consideration
of this undertaking in completing said proceedings forthwith, and
in order to expedite the same, the following are hereby waived:
(a) The taking of proceedings under Division 4 of the Streets
and Highways Code;
(b) The requirement of any act that any notice shall be posted
or mailed or given for a longer period than five (5) days, and when
by publication, from the first publication thereof
(c) The requirement that any notice or resolution shall be
published more than twice;
(d) The requirement that the Notice of Improvement shall be
posted;
�t (e) The requirement that Notice of Award of Contract shall
k oe published
(f) Any and all illegalities, irregularities, errors or omissions
\\which may arise during the course of conduct of said proceedings
or issuance of said bonds.
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13. The undersigned owners. being the real parties in interest
of the property proposed to be assessed in said proceedings, in
consideration of the undertaking of said proceedings by the City,
do hereby agree that any or all changes or modifications may be made
in said proceedings as may be required to carry out the acquisition
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