HomeMy WebLinkAboutAgenda Report - April 15, 1981 (43)PROPOSED TURNER
Agenda item "h" - "Proposed Turner Road and
ROAD AND CLUFF
Cluff Avenue Assessment District No. 1" was
AVENUE
introduced by City Manager Glaves. Mr. Glaves
ASSESSMENT
then introduced Attorney Timothy J. Hachman
DISTRICT NO. l
of the law firm of Blewett,-Garretson et al
who explained the proposed proceedings in
RES. N0. 81-36,
detail for the benefit of the City Council.
8I-37, 81-38
Following discussion with questions being
81-39 and 8-1-40
directed to Mr. Hachman and to Staff, Council,
on motion of Councilman Pinkerton, Katnich
second, adopted the following Resolutions:
a) Resolution No. 81-36 - "Resolution Determ n-
ing Compliance with Division 4 of the Streets
and Highway Code and Determining to under-
take Proceedings"
b) Resolution No. 81-37 - "Resolution Appoint-
ing Engineers and Attorneys".
c) Resolution No. 81-38 - "Resolution Describ-
ing Proposed Boundaries"
d) Resolution No. 81-39 - "Resolution of
Intention to Acquire and/or Construct
Improvements"
e) Resolution No. 81-40 - "Resolution Authori-
zing Negotiations for Sale of Assessment
BonC.s at Private Sale"
Mrs -.Alice M. Reimche
City Clerk, City of Lodi
City Hall
221 West Pine Street
Lodi, CA 95240
Dear Alice:
C,
Re: Proposed Turner Road and Cluff Avenue
Assessment District No. 1
We hand you herewith seven copies of the following
resolutions for consideration by the City Council at its meeting
on Wednesday, April 15, 1981, which I plan to attend.-
1.
ttend:
1. Resolution Determining Compliance with Division 4
of the Streets and Highways Zone and Determining
to Undertake Proceedings
2. Resolution Appointing Engineers and Attorneys
3. Resolution Describing Proposed Boundaries
4. Resolution of Intention to Acquire and/or
Construct Improvements
5. Resolution Authorizing Negotiations for Sale
of Assessment Bonds at Private Sale.
In addition to the foregoing resolutions, there will be
filed prior to the Council meeting, the following items:
a) Petition signed by the property owners requesting
formation of the district
b) Certificate signed by the engineer of work to
indicate that more than 60% of the property in area
is represented by the signatures on the petition
c) Proposed Boundary Map of the district
An unsigned copy of the petition and certificate are enclosed for
information purposes.
When the plans and specifications have been approved by
City personnel and the engineer of work has completed his report for
presentation to the Council, we gill prepare and present the
• '1
F.
Y`
BLBwETT, GARRETSON & HAcHMAN.
A PROrCSSIONAI CORPORATION
STCPMCN N. SI.CWCTT [400-1"03
ATTORNEYS AND COUNSELORS TCt.e►No►et 460-4735
ROSCRT M
CDC N PARR mU I LD1 N 0 ARCA COCC 2O9
SOETT
VOILA l.OARRERRC N,.1R.
1.41 CAST ACACIA STRCCT
TIMOTN• J. NACNNAN
STOCKTON. CALIFORNIA 98202
-
April 10, 1981
Mrs -.Alice M. Reimche
City Clerk, City of Lodi
City Hall
221 West Pine Street
Lodi, CA 95240
Dear Alice:
C,
Re: Proposed Turner Road and Cluff Avenue
Assessment District No. 1
We hand you herewith seven copies of the following
resolutions for consideration by the City Council at its meeting
on Wednesday, April 15, 1981, which I plan to attend.-
1.
ttend:
1. Resolution Determining Compliance with Division 4
of the Streets and Highways Zone and Determining
to Undertake Proceedings
2. Resolution Appointing Engineers and Attorneys
3. Resolution Describing Proposed Boundaries
4. Resolution of Intention to Acquire and/or
Construct Improvements
5. Resolution Authorizing Negotiations for Sale
of Assessment Bonds at Private Sale.
In addition to the foregoing resolutions, there will be
filed prior to the Council meeting, the following items:
a) Petition signed by the property owners requesting
formation of the district
b) Certificate signed by the engineer of work to
indicate that more than 60% of the property in area
is represented by the signatures on the petition
c) Proposed Boundary Map of the district
An unsigned copy of the petition and certificate are enclosed for
information purposes.
When the plans and specifications have been approved by
City personnel and the engineer of work has completed his report for
presentation to the Council, we gill prepare and present the
Mrs. Alice M. Reimche
-2-
April 10, 1981
resolutions preliminarily approving the report, calling for bids from
contractors, and setting the time and place of public hearing.
At this point in the proceeding., there are no follow-up
notices to be given, but we will have the proposed boundary map t:o
be signed and recorded.
If there are any questions concerning any of the enclosed,,
do not hesitate to contact this office.
The parties circulating the petition indicated Wednesday,
that most of the signatures had been obtained and the others would
be available yesterday or today.
Yours very truly,.
LE TSQN & HACHMAN
Ti n
TJH/.mf
Enc.
CITY COUNCIL
JAMES A. MCCARTY. Mayor
ROBERT G. MURPHY, A+tayor Pro Tem
RICHARD L: HUGHES
WALTER CATNICH
JAMES W.`PINKERTON. It.
Donald W. Littlejohn
P.O. Box 927
Colusa, CA 95932
Dear Mr. Littlejohn:
CITY OF LODF
CITY HALL. 221 WEST PINE STREET
POST OFFICE BOX 320
LODI. CALIFORNIA 95241
(209) 3345634
April 22, 1981
HENRY A. GLAVES. Jr.
City Manager
ALICE M. RELWHE -
City Ck-A
RONALD M. STEIN
City Attorney
Enclosed please find a certified copy of each of the following Resolutions
pertaining to Turner. Road and C1uff Avenue Assessment District No. 1:
1) Resolution Ift. 81-36 - "A Resolution Determining Compliance
with Division 4 o the Streets and Highways Code, and
Determining: to undertake Proceedings Pursuant to Special
Assessment and Assessment Bond Acts for the Acquisition
and/or Construction of Improvements without Further Proceed -
"s under Sa-id Divi=sion 4 of the Streets and Highways Code"
2) Resolution No. 81-37 - "Turner Road and Cluff Avenue Assess-
ment District No. 1 - A Resolution Appointing Engineers and
Attorneys"
3) Resolution No. 81-38 - =resolution Describing Proposed
Boundaries of Assessment District and Directing Recordation
of Notice of Assessment"
41 Resolution No. 81-39 - "A Resolution of Intention to Acquire
and/or Construct Improvements"
5) Resolution.No. 81-40 - "A Resolution Authorizing Negotiations
for Sale of Assessment Bonds at Private Sale"
These Resolutions were passed and adopted by the City Council of the City of
Lodi it a regular meeting held April 15, 1981.
Ron Judson has informed this office that he has contacted Tim Nachman and
he will be forwarding copies of petitions for him to sign and return.
Very truly yours,
Alice M. Reimche
City Clerk
AR:dg
Enc,
.CITY COUNCIL.
JAMES A. MCCARTY. Mayor ' >
ROBERT G Y . MURPHY M, Pro Tem CITY OF LODIP
oe
RICHARD i. HUCtiEs CITY HALL. 221 WEST PINE STREET
WALTER XATNICH POST OFFICE BOX 320
JAMES W. PINKERTON. If. LODI. CALIFORNIA 95241
(209) 334-5634
April 22, 1981
Blewett, Garretson & Bachman
A Professional Corporation
141 E. Acacia
Stockton, CA
Gentlemen:
HENRY A. CLAVES. Jr.
City Manager
ALICE M. RERMCHE
City Clerk
RONALD M. STEIN
City Attorney
Enclosed please find.a certified copy of each of the following Resolutions
pertaining to Turner Road.and Cluff Avenue Assessment District No. 1:
1) Resolution No. 81-36 - "A Resolution Determining Compliance
with Division 4 of the Streets and Highways Code, and
Determining to -Undertake Proceedings Pursuant to Special
Assessment -and- Assessment Bond Acts for the Acquisition
and/or- Construction of Improvements without Further Proceed
ings`Under Said Division 4 of the Streets and Highways -Code"
2) Resolution No. 81-37 "A Resolution Appointing Engineers and
Attorneys"
3) Resolution No. 81-38 - "Resolution Describing Proposed
Boundaries of Assessment District and Directing Recordation
of Notice of Assessment"
4) Resolution No. 81-39 - "A Resolution of Intentidn to Acquire
and/or Construct. -Improvements"
51 Resolution No. 81-40 - "A Resolution Authorizing Negotiations
for Sale of Assessment Bonds at Private Sale'
These Resolutions were passed and adopted by the City Council of the City of
Lodi' in a regular meeting held April 15, 1981.
If you have any questions regarding this matter, please do not hesitate to
contact this office.
Very truly yours,
RESOLUTION N0. $1-36
BEFORE THE CITY COUNCIL OF THE CITY OF
LODI, CALIFORNIA
TURNER ROAD AND CLUFF AVENUE ASSESS11ENT DISTRICT NO. 1
A RESOLUTION DETERMINING CO24PLiANCE WITH DIVISION
4 OF THE STREETS AND HIGHWAYS CODE. AND DETERMINING
TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL
ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE
ACQUISITION AND/OR CONSTRUCTION OF LMPROVE14MS
WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION
4 OF THE STREETS AND HIGHWAYS CODE
RESOLVED. by the City Council of the City of Lodi,
California, that
WHEREAS, all of the owners of more than 60% in area of
the property subject to assessment therefor have signed and filed
with the City Clerk of this City a written petition for undertaking
proceedings pursuant to special assessment and assessment bond acts.
and to assess the costs thereof upott the properties benefited by
said improvements, and waiving proceedings under Division 4 of the
Streets and Highways Code. for the acquisition and/or construction
of improvements hereinafter more particularly described;
WHEREAS, the costs and expenses of said contemplated improve-
ments will be assessed upon the district benefited thereby, the
exterior boundaries of which are the coterminous exterior boundaries
of the composite and consolidated areas as more particularly shown
on a map thereof on file in the office of the City Clerk, 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-
WHEREAS, said acquisitions and/or improvements are more
particularly described as follows:
(a) The improvement of the following streets by clearing
and grading as required, and the construction therein of: Portland
cement concrete curbs, gutters, sidewalks and driveway aprons; asphalt
concrete paving with aggregate base; sanitary sewer facilities;
domestic water mains with firehydrants, valves and services; storm
drainage facilities; street lights; street signs; barricades; and
all necessary, appurtenances to any of the above, to wit:
(1) Turner Road from the easterly terminus of the
existing Turner Road easterly to a point approximately
700 feet east of the intersection with Cluff Avenue;
(2) Cluff Avenue from its intersection with Turner
Road southerly to its intersection with Lockeford
Street.
(b) Removal of excess material and compaction of fill
in areas where excess material has been removed, the compaction
of land, and change of grade or contours, all suitable for the purpose
of the stabilization of soils within the District and/or to eliminate
any disparity in level or size between the improvements and -private
-property;
(c) The doing of all work auxiliary to any of the above
_and necessary to complete the same;
(d) The acquisition of all lands and easements necessary
for any of said work and improvements.
WHEREAS, the public interest, convenience and necessity
will be served by the taking of said proceedings;
I
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED
that all of the owners of more than 60% in area of the property
subject to assessment for said proposed improvements have filed
with the City Clerk of this City a written petition for the acquisition
and/o: construction of said improvements pursuant to appropriate
special assessment and assessment bond acts, without further
compliance with the provisions of Division 4 of the Streets and
Highways Code of the State of California.
-2-
IT IS FURTHER FOUND, DETERMINED AND ORDERED that said pro-
ceedings for the acquisition and/or construction of said improvements
shall be had pursuant to the Municipal Improvement Act of 1913, and
that bonds upon the unpaid assessments thereof shall be issued
pursuant to the Improvement Bond Act of 1915, and that the applicable
provisions of Part 11.1 of said Act, providing an alternative
procedure for the advance payment.of assessments and the calling
of bonds, shall apply.
IT IS FURTHER FOUND, DETER•INED AND ORDERED that the provisions
of Division 4 of the Streets and Highways Code of the State of
California, be, and they are hereby, dispensed with.
DATED: April 15, 1981.
1, ALICE M. RZIMCHE, City Clerk of the City of Lodi, do
hereby certify that Resolution No. 81-36 was passed and adopted
at a regular meeting of the City Council of the City of .Lodi, held
April 15, 1981, by the following vote:
AYES: Councilmen - Murphy, Hughes, Pinkerton, Katnich
and McCarty
NOES: Councilmen - None
ABSENT: Councilzen - None
ABSTENTIONS: Councilmen — None
ALICE M. REIMCHE
City Clerk
-3-
RESOLUTION NO. 81-37
BEFORE THE CITY COUNCIL OF THh ZITY OF
LODI, CALIFORNIA
TULyER ROAD AND CLUFF AVENUE ASSESSEENT DISTRICT NO. 1
A RESOLUTION APPOINTING ENGINEERS AND ATTORNEYS
RESOLVED, by the City Council of the City of Lodi,
California, that
WHEREAS, said Council intends to undertake assessment
proceedings for the acquisition and/or construction of'improve-
menta in the City of Lodi. California; and
WHEREAS, the public interest and general welfare will be
served by appointing and employing an engineer and attorneys for
the preparation and conduct of said proceedings and work in
connection with said improvements;.
NOW, THEREFORE, IT IS ORDERED as follows:
1. That MORTON & PITALO, INC., Civil Engineers, Sacramento,
California, be, and they are hereby appointed as Engineer of Work
and are employed to do and perform all engineering work necessary
in and for said proceedings, and that their compensation be assessed
as an incidental expense of said proceedings. Said compensation
is hereby fixed as follows:
(a) For preparation of the report to the City Council',
making all surveys necessary to prepare plans and specifications,
preparation of plans and specifications, assisting in calling for
bids, coordination of construction contract, preparation of
assessment diagram and assessment roll, setting of necessary
controls and grade and alignment stakes, and cost of as -built
-1-
e
plans. said compensation is fixed at eight and one-half percent
(8-1f2%) of the construction cost;
(b) For all other engineering services necessary in and
for said proceedings, said compensation is fixed at prevailing
charge rates in effect.
2. That BLEWETT. GARRETSON & HACHMAN, A Profesoional
Corporation, Stockton. California, be, and it is hereby appointed
and employed to do and perform all legal services required in the
conduct of said proceedings, including the preparation of all papers
not required to be prepared by the Engineer, (exclusive of printing,
mailing and publication of notices) examining and approving the
engineering documents, and 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 of said proceedings and bonds, and that its compensation
be, and it is hereby fixed at three percent 0%) of the first $250,000
of assessments levied. and two percent (2%) of the excess thereof,
together with -reasonable fees for any services rendered in acquiring
easements or in eminent domain or other suits, to be assessed as
an incidental expense of said proceedings.
DATED: April 15.. 1981.
I, ALICE ii. REUICHE. City Clerk of the City of Lodi, do
hereby certify that Resolution No. 81- -47 was passed and adopted
at a regular meeting of the City Council of the City of Lodi, held
April 15, 1981, by the following vote:
AYES: Councilmen - Murphy, Hughes, Pinkerton, Katnich
and McCarty
NOES: Councilmen - None
ABSENT: Councilmen - None
ABSTENTIONS: Councilmen - None
r
ALICE M. REIMCHE
City Clerk
-2-
3. The County Recorder shall endorse on the copy of the
soap ;of ` the assessment district the time and date of filing, and shall
fasten the same securely in a book of"maps of assessment districts
which he shall keep in his office and shall index suchmap by the
name of the entity conducting the proceedings and by the distinctive
designation of the district as shown on such map.
4. After confirmation of the assessment by this Council,
the City Clerk shall file in the office of .the County Recorder of
San Joaquin County a copy of the assessment diagram.
S. The County Recorder shall endorse on the copy of the
assessment diagram filed with him the time and date of filing and
shall fasten the same in the "Book of Maps of Assessment Districts"
in which he is obligated to keep boundary maps of assessment districts
and shall index such assessment diagram by the name of the city conducting
the proceedings and by reference to the page of the --book of maps
71
of assessment districts in which the boundary map of said district
was filed in said book.
6. After the recording of the assessment and diagram in
the.office of the Superintendent of Streets, the City Clerk shall
execute and record a notice of assessment in the office of the County
Recorder of San Joaquin County in substantially the form provided
in Section 3114 of the Streets and Highways Code. From the date
of such recording, all persons shall be deemed to have notice of
the contents of such assessment, and each of such assessments shall
'.I thereupon be a lien upon the property against which it is made, and
unless sooner discharged such liens shall so continue for the period
of four (4) years from the date of said recordation, or in the event
bonds are issued to represent said assessments, then such liens shall
-2-
9
continue until the expiration of four (4) years after the due date
of the last installment upon said bonds or of the last principal
coupon attached thereto.
7. The appropriate. officer or officers are hereby authorized
to pay recording fees required by law in connection with the
recordation of said notice.
DATED: April 15, 1981..
i
I, ALICE U. REIMCHE, City Clerk of the City of Lodi, do
hereby certify that Resolution No. 81-38 was passed and adopted
at a regular meeting of the City Council of the City of Lodi, held
April 15, 1981, by the following vote:
AYES: Councilmen - Murphy, Hughes, Pinkerton, Katnich
and McCarty
NOES: Councilmen - None
ABSENT: Councilmen - None
ABSTENTIONS: Councilmen - None
ALICE M. RE114C
City Clerk
-3-
RESOLUTION N0. 81-39
BEFORE THE CITY COUNCIL OF THE CITY OF
LODI, CALIFORNIA
TURNER ROAD AND CLUFF AVENUE ASSESSMENT DISTRICT NO. 1
A RESOLUTION OF INTENTION TO ACQUIRE AND/OR
CONSTRUCT n-TROVEMENTS
RESOLVED, by the City Council of the City of Lodi,
California, that in its opinion the public interest, convenience
and necessity require and that it is the intention of said Council
to order the acquisition and/or construction of the improvements
hereinafter described.
NOW -
1. Whenever any public way is herein referred to as running
between two public ways,or from or to any public way, the intersections
of the public ways referred to are included to the extent that work
shall be shown on the plans to be done therein.
2. Said streets --and highways are more particularly shown-
in the records in the office of the County Recorder of San Joaquin
County, California, and shall be shown upon the plans herein referred
to and to be filed with the Clerk of said City.
3. All of said work and improvements are to be constructed
at the places and in the particular locations, of the forms, sizes,
dimensions and materials, and at the lines, grades and elevations
as
as shown and delineated upon the plans, profiles and specifications
to be made therefor, as hereinafter provided.
4. There is to be excepted from the work herein described .
any of such work already done to line and grade and marked excepted
or shown not to be done on said plans, profiles and specifications.
5. Said improvements to be acquired and/or constructed
are more particularly described as follows:
-1-
(a) The improvement of the following streets by clearing,
and grading as required, and the construction therein of: Portland
cement concrete curbs., gutters, sidewalks and driveway aprons; asphalt
concrete paving with aggregate base; sanitary sewer facilities;
domestic water mains with firehydrants, valves and services; storm
drainage facilities; street lights; street signs; barricades; and
all necessary appurtenances to any of the above, to wit:
(1) Turner Road from the easterly terminus of the
existing Turner Road easterly to a point
approximately 700 feet east of the intersection
with Cluff Avenue;
(2) Cluff Avenue from its intersection with Turner
Road southerly to its intersection with Lockeford
Street.
(b) Removal of excess material and compaction of fill
in areas where excess material has been removed, the compaction
of land, and change of grade or .contours, all suitable for the purpose
of the stabilization of soils within the District and/or to eliminate
any disparity in level or size between the improvements and private
property;
;c) Tiffs doing of.al work auxiliary to any of the above
and necessary to complete the same;
(d) The acquisition of all lands and easements necessary
for any of said work and improvements
6. Notice is hereby given of the fact that in many cases
said work and improvements will bring the finished work to a grade
different from that formerly existing, and that to said extent said_
grades are hereby changed and that said work will be done to said
changed grades.
7. Said Council does hereby adopt and establish as the
official grades for said work the grades and elevations to be shown
upon said plans. profiles and specifications. All such grades and
elevations are to be in feet and decimals thereof with reference
to the datum plane of the City.
-2-
8. The descriptions of the acquisitions and/or improvements
and the termini of the work contained in this Resolution are general
in nature. All items of work do not necessarily extend for the ftLll
length of the description thereof. The plans and profiles of the
work and maps and descriptions as contained in the Engineer's report
shall be controlling as to the correct and.detailed description
thereof.
9. The costs and incidental expenses of said contemplated
acquisitions and improvements are made chargeable upon.an assessment
district, the exterior boundaries of which are described in Exhibit
A, attached hereto, and delineated upon a map thereof, entitled,
"Proposed Boundaries of Turner Road and Cluff Avenue Assessment
District No. 1", on file with the City Clerk of said City, 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.
10. Said Council further declares that all public streets
and highways within said assessment district in use in the performance
of a public function as such shall be omitted from the assessment
hereafter to be made to cover the costs and expenses of said acquisitions
and improvements.
11. Notice is hereby given that serial bonds to represent
the unpaid assessments, and bearing interest at not to exceed the
maximum rate provided by law, will be issued hereunder in the
manner provided in the Improvement Bond Act of 1915, and that
-3-
the applicable provisions of Part 11.1 of said Act, providing an
alternative procedure for the advance payment of assessments and
the calling of bonds, shall apply. The last installment of said
bonds shall mature not to exceed nineteen (19) years from the second
day of July next succeeding ten (10) months from their date, principal
and interest to be reasonably amortized, the proceeds of said bonds
to be invested and interest thereon paid into the redemption fund
of said bonds.
Said Council finds and declares that a special reserve
fund as provided in Part 16 of the Improvement Bond Act of 1915
shall be required, the amount thereof to be determined upon the
sale of the bonds.
Said Council hereby covenants with the holders of said
assessment bonds to be issued herein that it will, within ninety
(90) days following the due date of any delinquent installment of
assessments securing the bonds to be issued, commence and thereafter
diligently prosecute to completion a foreclosure action regarding
such delinquent installment of assessment, upon written demand-' of
the bondholder therefor received not later than forty-five (45) days
following said delinquent installment due date.
12. Except as herein provided for the issuance of bonds,
all of said improvements shall be done pursuant to the provisions
of the Municipal Improvement Act of 1913, Sections 10,000, et seq.,
of the Streets and Highways Code os the State of California.
13. Reference is hereby made to proceedings had pursuant
to Division 4 of the Streets and Highways Code on file with the
City Clerk.
-4-
14. Said proposed acquisitions and/or improvements are
hereby referred to :MORTON & PITALO, INC., Civil Engineers, Sacramento,
California, being a competent firm employed by said City for that
purpose; and said Engineer is hereby directed to make and file with
the City Clerk a report in writing, presenting the following:
(a) Naps and descriptions of the lands and easements, and
a general description of any works or appliances to be acquired;
(b) Plans and specifications of the proposed improvements
to be made pursuant to this Resolution of Intention;
(c) Engineer's statement of the itemized and total estimated
costs and expenses of said acquisitions and/or improvements and
of the incidental expenses in connection therewith.;
(d) Diagram showing the assessment district above referred
to, :and also the boundaries and dimensions of the respective subdivisions
of land within said District as the same existed at the time of
the passage of this Resolution of Intention, each of which subdivisions
shall be given a separate number upon said diagram.;
(e) A proposed assessment of the total amount of the costs
and expenses of the proposed acquisitions and/or improvements upon
the several subdivisions of land in said district in proportion
to the estimated benefits to be received by such subdivisions, respec-
tively, from said acquisitions and improvements, and of the expenses
incidental thereto.
15. Notice is hereby given that, in the opinion of the
Council, the public interest will not be served by allowing the
property owners to take the contract for the construction of the
-5-
improvements, and that, pursuant to Section 10502.4 of the Streets
and Highways Code, no notice of award of contract shall be published.
.16. If any excess shall be realized from the assessment,
it shall be used in such amounts as the Council may determine, in
accordance with the provisions of law for one or more of the following
purposes:
(a) Transfer to the general fund of the City, provided
that the amount of any such transfer shall not exceed the lesser
of $1,OW or 5% of the total amount expended from the improvement
fund;
(b) As a credit upon the assessment and any supplemental
assessment in accordance with the provisions of Section 10427.1 of
the Streets and highways Code;
(c) To reimburse the City for any contributionsoradv-anew
to or for the construction fund= in accordance with the provisions of
Section 10427.2 of the Streets and Highways Code;
(d) por.the maintenance of the improvements or a specified
part thereof.
DATED: April 15, 1981.
I, ALICE M. REIMCHE, City Clerk of the City of Lodi, do
hereby certify that Resolution No. 81- 22 was passed and adopted
at a regular meeting of the City Council of the City of Lodi, held
April 15,.1981, by the following vote:
AYES: Councilmen - Murphy, Hughes, Pinkerton, Katnich
and McCarty'
NOES: Councilmen - None
ABSENT. Councilmen - None
ABSTENTIONS: Councilmen - None
. L
ALICE M. REIMCHE
City Clerk
-6-
March 13, 1981
800085
DESCRIPTION
Assessment District Boundary
s;in,
qP1
J
MORTON d PITAIO. INC.
Crnl rt.nvvr�v. !it +y:tb
1767 t h -We Pd. `mrtxnerVo. Co 95815
%/920.2411
All that certain real property situate in the City of Lodi, County of San Joaquin.,
State of California., described as follows:.
A portion of Section 31, Township 4 North, Range 7 East, tf.D."!., and a portion of
Section 6, Township 3 North, Range 7 East, H.D.M., more particularly described as
follows:
BEGINNING at the Northeast corner of Parcel 6, as said parcel is described in
deed recorded in Book 3710, official Records of said County, at Page 677, from
which the quarter corner comm to said Section, 31 and 6 bears the following
three (3) courses: (1)North81057' West 460.26 feet; (2) South 00003'28" West
504.97 feet; and (3) North 88048'17" West 420.40 feet: thence, from said pain t
of beginning, along the Southeasterly line of said Parcel 6, South 47050' Wes t
282.20 feet to a _point on the East lino of Lot 17, as :aid lot is alwwn upon
the map entitled "EDDLEMAN TRACT," filed in Book l of +?rips and Plats, Paq e 26,
Official Records of said County thence, along the Cast line of Lots 17, 15,
13, 11, 9, 7, 5 and 3, as shown on said .mag enti tl ed "EDDLEMIN TRACT," the
following three (3) courses: (1) South 00 03119" West 731.50 feet; (2) South
00011100" East 734.67 feet; and (3) South 00029'18" Last 1007.25 feet to a
point on the East line of said Lot 3, said point beincu 17 feet South of the
Southeast corner of said Lot 5; thence, parallel to the North line of said
Lot 5, South 88018'00" west 453.90 feet; thence, South 02001' 1 --lest 307.59
feet; thence, South 85027• East 44 feet; thence, South 00°.33' West 287 feet
to a point on the Northerly -right-of-way of LOCKEfnhD STREET; thence, along
said right-of-way line, North 85027'00" West 1,006.8 feet; thence, North
00029' East 300 feet; thence, North 85027100" wc5 t 607.33 feet; thence,
North 00029' East 106.17 feet; thence, North 8500.3'00" hest 169.57 feet
to a point on the Easterly right-of-way of BECKIMN ROAD; thence, Northerly
along the arc of a curve concave to the Northeast, havi."y a radius of 3721.0
feet, a distance of 32.25 feet to the southwest corner t;f Lot 43, as shown
on INDUSTRIAL LITE, Tract No. 1452, filed Dece:rbar 3, 1979, in Dook of Maps
and Plats, volume 25, at Page 24, San Joaquin County Prcords; thence, along
the southerly line of said INDUSTRIAL LITE, South 38015100" Past 1533.63
feet to the centerline of Cluff Avenue; thence, along said centerline,
North 00038'00" East 446.00 feet; thence, leaving said centerline, North
88015'00" West 32.00 feet to the Northeast corner- of Lot 23 of said
INDUSTRIAL LITS] thence, along the North line of raid INDUSTRIAL LITE,
North 88015'00" West 1292.60 feet; thence, North 00029' East 495 feet;
thence, South 88015' East 1316.5 feet to a point in the crnterline of
Cluff Avenue; thence, North 00005'13" ,East 1140.00 feet; thence, North
EXHIBIT A
v
Klatch 13, 1981
Page 2
8848103" Wast 325.00 feet; thence, South 00005115" West 150.01 feet; thencQo
North 88047'56" West 1003.45 feet; thence, North 00°03'54" West 329.99 feet.-
thence,
eet;thence, South 88047.51" East 686.25.feet; thence, North 01054.'54" West 130.00
'feetr thence, South 86°46.23" East 418.17 feet; thence, North 00°05'25" East
65.00 feet; thence, North 56014'09" East 220.34 feet; thence, South 89012'15'0
East .25.00 feet; thence, South 42036'40" East 63.13 feet; thence, South.
89x12'15" Eras.t 400.24 feet; thence, North 00003'280 East (44.97 feet;
thence, South 83058'32" East 460.26 feet to the point of beginning.
v
EXHIBIT A.
RESOLVED, by the City Council of the City of Lodi,
California, that
WHEREAS, said Council intends to undertake assessment
proceedings for the acquisition and/or construction of improvements
in said City, and the issuance of bonds upon the unpaid assessments
for the financing of said improvements; and
WHEREAS, the public.interest and general welfare will be
served- by -negotiating a sale of the bonds to be issued in said
proceedings;
NOW, -THEREFORE, IT IS ORDERED that BLEWETT, GARRETSON.&
HACHMAN, A Professional Corporation, employed as attorneys to perform
the legal services required in said proceedings, are hereby authorized -
to negotiate with investment brokers and bond houses for the purpose
r'
of procuring a commitment for the purchase of the assessment bonds
to be issued herein, and to present the same -to this Council for an
award of sale thereof upon the best terms available.
e •.
s
DATED: -April 15, 1981.
r-
�a2
I, ALICE H. REIHICHE, City Clerk of the City of Lodi,. do
hereby 'certify,: -that Resolution No. 81-40 was passed and adopted }
at a regular meeting of the City Council of the City of Lodi, held
y.
April 15, 1981, by the following vote: >
AYES: Councilmen - Murphy, Hughes, Pinkerton, Ratnicha
and McCarty =;
NOES: Councilmen -None ::-
ABSENT: Councilmen - None e
ABSTENTIONS: Councilmen - None
4
J%Ua L%&n "a "X& & &UUW
-City Clerk
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