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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. 3 r � 1 1 it NJy Y f f 5 1Vx y r � r , n '�. i t "' � rkt t i ge;•xlb k �, � r ,5 a'F',r i•-»qi�k//�',�. 4tx�'�y>='E'r 1 �iI7Y WOUNCII JAMES A. N%cCAR TY. Mayor RObtRT G. MURPHY. Mayor Pro Tern RICHARD L HUGHES WAITER KATNICH TAMES W. PINKERTON. 1: "\M' rl- 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 AR: dg Enc. � o 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.- - 1 - / Jl 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 - 2 - i u 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, - 3 - 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. e 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 - 4 -