HomeMy WebLinkAboutMinutes - March 6, 193996
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,;O::DAY, :;ARCH 6, 1639.
This regular meet2ng of the City Council of the
City of Lodi was called to order by the Mayor at 8:00
o'clock P.P,i. on ;1onda1, Yarc'. c, 1939. Councilmen Clark,
araffigna, Spooner, '+1eihe and Steele being all members of
the City Cowancil -oresent.
The minutes or the last meeting held February 20,
1939 was read, approved as read and so endorsed by the Payor.
This being the date set by Resolution No. 987
for the reception of protests of property ov ers against
the annexation of "BEC_.PAP: ADDITION" and the matter coming
on to be heard, the Clerk reported the reception of one
protest which was read. On motion of Councilman Spooner,
seconied by Councilman Graffiyna, resolution No. 989 was
introduced and read by the Clerk.
RESOL-':`TION NO. 9 9
IMHER AS this City Council of the City of Lodi,
County of San Joaquin, State of California did receive a
petition on the 6th day of February, 1939 wherein it was asked
that certain lands therein described be annexed to and made
a part of the City of Lodi, such annexed territory to be
designated as "^ECFZ,A - AD07TI0Y." for the rurposes of such
annexation, and; -
INHEREAS the City Clerk compared the signatures
annexed to said petition .pith those on the original affidavits
of registration on file in the office of the County Clerk
Of San Joacuin County and as a result of such comparison,
the said City Clerk has reported in writing that the said
petition eras signed by more than one-fourth of the qualified
electors residing within the territory so petitioned to be
annexed to the City Or -,-.di and thereupon_ his City Council
did pass and a -`opt its Resolution No. 987 declaring the intent
of this Cit;; Council to order, call and conduct an election
r•;ithin not less than fifty days from and after the adoption
o£ said Resolution and, among other things, said Resolution
= c. 987 did designate and give notice that objections of
o.rners of real proper t;r located withinthe boundaries o_" the
territory propose: to be annexed would be heard before this
City 1,ouncil in its Council Chambers, City Ball, City of Lodi
at the hour of 8:00 o'clock P..M. on ,, er_day, the 6th day of
_arch, 1930, and;
`,;EER? AS, publication of said Resolution No. 987
was ra' in time, form- and mariner as required by law in the
"Lodi :+ewa-Sentinel" a neas2aver of �ereral circulation
_ rinted anw cublished ir_ the City of Lodi, ( there being no
newspaper published within the boundaries of the district
pro2osed for annexation), as is evidenced by the affidavit
of D. S. Rinfret, principal clerk of the publisher of said
Lodi Piens-Sentinel on file and of record in,the office of
the City Clerk, and;
W E"EAS, one objection in :siting has been f iled
ith the City Clerk and has beer. submitted by him to this
City Ua1incil, said objection representing the owners of one
separate parcel of real property as displayed on the current
assessment roll of San Joacuir. County, which assessment roll
shows that t:ere are in all sixteen (16) separate parcels
of real Uropert~ located in the district proposed for
annexation _-ereinafter cescribed, now therefore,
97
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CITY HALL -- CT-_ LCDI_
'::c2'DAY, 'ArZCr 6, 1539
Continued
TT ?-SOLVED: that this City Council does
hereby find, determine and declare that said petition for
arrexation ::as regularly circulated after due publication of
notice to circulate the sane sinned and filed and was signed
_ by not less than one-fourth of the qualified electors
residing within the territory proposed for annexation;
That Resolution No. 987 was regularly published in
tine, form and manner as required by lav; and that due notice
was given therein of the time and place of hearing of
property o..r.ers agzainst such annexation;
That the protests which were ^eceived by this
City Council or filed with the City Clerk wherein_ ovrners of
real property the district proposed for annexation
objected tc such annexation constituted less than a majority
of the owners of separate parcels of real property in said
district and which protest is hereby overruled and der_ied
and therefore, this City Council no:,, has jurisdiction to
call, order and conduct an election on the question of
annexation zithin said territory and such election is
hereby called and ordered to be held on Tuesday, the lith
dad- of hpril, 1939 for the purpose of submitting to the
qualified electors residing,• therein, the question whether
the territer;i bounded and describedd as foilo'?rs, shall be
annexed to and rade part of the City of Lodi and roc the
date of such annexation,. shall be taxed equally with property
-.,'thin the present City of Lodi for payment of principal
and interest on bor,.ds issued and o—stardin- at the date
of such election. The territory he proposed for
annexation and .within which said election shall be held and
i
conducted is particularly bounded and described as follows:
All of the lands included within the exterior
boundaries of that certain tract of land designated
on a certain map or plat entitled "PLAN OF BE:CY Ai:'S
S SDI"=510Ni OF A PCE 10- OF THE S.I s OF SECT. 12,
T3N, rt6E, IN SAI+ JOAZ:UIIN COUNTY" which map was filed
for record February 11, 1892 in the office of the
County Recorder of San Joaquin County, California
Said territory, next hereinbefore described is hereby
demi nated "3EC is"Ari A DITION" for the rurpose of identification
by which n--T.e said territory may be referred to and indicated
upon the ballots to be used at said election.
The electors resident in the said territory and
qualified to vote therein are hereby directed to vote in
the f ollowin manner. Upon the ballots to be used at such
election there shall be printed the words "Shall Beckman
Addition be annexed to, incorporated in and rade a part of
the City of Lodi, and the property therein_ be, after such
annexation, subject to taxation equally :xith the property
,sithin such municipal corporation to pay that portion of the
bonded indebtedness of the City of Lodi issued and out-
standinc: at the date of the filing of the petition for
annexation: to -grit, issued arm outstanding on the 6th day
o= ''ebruary, 1539", opLosite these :cords there shall be
crinted the words "Yes" and "o" and to the right of each
of these last two words there shall be a voting square.
if an elector shall stamp a cross (X) in the voting square
after the rrinted word "Yes" the vote of such elector shall
be counted in favor of the annexation of the territory
referred to in such proposition to the City of Lodi under
the conditions therein stated, and if an elector shall stamp
a cross (X) in the votini square after the word "No" the
vote of s ch elector shall be counted against such annexation.
98 c
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C= Y L L -- C -^Y 0-7 DI
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1939
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Cort inued
'-he ballots used at such election and the holding
and conducting o- such election., scall be in conformity, as
near as may e, „_t'- the la -.,;s of this State concerning
general elections, except as herein otherwise provided. Tie
rolls shall be open frons 6:00 A.!'. to 7:00 P,'I. of said day,
The fudges and inspector of such election for each polling j
place s:�ll, irnediately on the closing of the polls, count
the ballots, mate up, certify and sea! the ballots and tally
sheets of the ballots cast at their res:ective polling
,:laces, king so, as nearly practicable, in the manner provided
in the lar:s of this State relating to general elections,
and they shall t_^e^eu_on deliver the ballots, tally sheets
and returns to and deposit the same with the Gity Llerk of
this City.
The bended indebtedness of the City of Lodi
hereinbefore referred to issued and outstanding at the date
of the filing of the peticn for annes_ation, on the date of
the first publicatio_., of the notice of election, and on
the date herein set for said election, the purposes thereof,
the principal amount outstandin;Ig and the interest rates
thereon are as follo.ss:
_mr•rovenert Bonds of 1921 issued for $200 GGO
of :which there is still outstandiJng �L7,060
bearin„ interest 54p per annue! incurred for
the acquisition, construction and completion
of addit_ens of water system, story sewers,
sanitary serve=s, additional fire mains and
additional equi-cm-ent for the mur_icipal electric
plant. -
ro're=entL Bor_ds of 1523 issued for Y100,000
of_,rhich „here is still outstanding the syn
of S25,000 'Downing ir_terest - 5o per an
r_um
incurred for the acauisition, construction
and c:�-pletior_ o: a sewage disposal plant.
Sample ballots and polling place cards cortainir_g
the ratter required to be printed thereon shall be mailed
to the electors of said territory by the City Clerk, but a
failure on the part of any elector to receive such sample
ballot shall not be held to invalidate the election or
affect in any manner the legality thereof.
There shall be one voting rrecinct within said
territory for the purpose of holding said special election_,
Which votin precinct is hereby established by this City
Co,xncil fcr that purpose and designated °.blection Precinct
I+c. ill the botzi, aries of which shall be co -extensive with
the bounds^ie s of the territory izerein proposed to be
annexed '.c the City or' Lodi. 'she voting place at rich
the cells ..;1_11 be open for said special election insaid
territory shall be at J. 'f9. Doty Residence - 1-�uinby Avenue
R. r. D. 2, Box 155, Lodi, California, there beir_g no
place co•renl,; used as a voting place within_ such territory.
-he c_ficers to conduct said special election in
and I'o_said t;of,*n- ciaie in said territory are hereby
ap ointed ana, deli; nated as follows:
;S=�CTOR: "on +". Doty
J_.:;. S: Josep _ A. ':+hitley and James S. Colvin
each of the 'ore.goir_g election officers being a gUalified
elector of said votinE precinct.
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C77'T CI -I _- Cl`v_ OF LCI
Continued
T'ae ele. moors resicznt __. he said te.__tcrr and yy,
q'za�__ Lel tovote ^t er Ir are _nereoy d4 reete_ to vote, in he
follown- r..anner. '.Con the ballots to be used at such election
there s.211 be rinted the -orris "Shall 3EC-,3A'_ A.D =G; be
annex .,
e- o, incorporated in andrra e a part of he tp of
Lou:, and the property therein be, after such annexation,
subject to taxation eeually with the property wlthir_ such
municipal corporation to pay that portion of the bonded
inzebtedness c-' the `=ity of Lodi issued and outs:ancingy
at the date of the filing of the petition for annexation:
to --,-,-it, issued and outstanding on the oth day of zebr•'aary,
193;", opposi-e these words there shall be printe. the
nords "Jes" and :o" and to tae right of each of these last
t.vo .'-oras there s :all be a voting saua:e. 11- an elector
shall sta,:^p a cross ,x) in the square after the
printed .;ora "Yes" tae vote of such elector shall be counted
in favor of the annexation of the territory referred to in
suc- proposition to the City of Lodi under the pend_tions
therein state:, and if an elector shall star._p a cross (X)
in the voting square a_ ter the word "No" the vote of such
elector ..::all be counted a air_st such annexation.
The ballots used at such election and the holding
and co -du: -,,'-'ng of such election, shall be in conformity,
as near as t~az: be, :ith the laws of this state concerning
general elections, e. -.:dept as herein otherwise provider:
The polls shall be op en from 6:00 A.2.i. to 7:00 ' of said
day. The judges and inspector of such election for each
polling rla.ce scall, innediately on the closing cf the polls,
court t1e Jal.ots, maze up, certify and, sea! the ballots
and tally sheets of the ballots cast at their respective
pollin p_uces, doing so, as nearly practicable, in the
mannerzroviaed in the laps of this State relating to
ge^eralelections, and they shall thereupon deliver the
ballots, tally sheets and returns to and, deposit the sane
.._t._ the City �ler:c of this City.
Sa-_r.le ballots and polling place cards containing
the matter required to be printed t:nereon shall be =anlea
to the electors of sr.id territcry by the City "ler:c, but
a failure *on o__e part of any elector to receive such sa:-tle
ballot sr_all not be held to invalidate the election or affect
in any manner the legality thereof.
T' -ere s :all be one voting precinct within said
territory for the _u^nose of holding said special election,
which voting precinct is hereby established by this City
Council for thst purpose and designated "Election 2recir_ct
"o. 1" the boundaries of which shall be co -extensive :;itn
the bour_daries of the territor '7 herein proposed to be
anre::zd to the _ty of Lodi. the voting place at which
the polis °,viii be open for saia special election in said
territory shall be at J. PV, Doty Residence - quina- Avenue,
t . D. 2, Box 1j5, Loci, California there being no
place commonly used as a voting place within such territory.
officers to conduct said special election
and - for said %otin-- place ir_ said territory a:,e hereby -
appointe,c and desi_nated as follows:
John Doty
Jt.,.i S; J, n, ;hitley and James S. Colvin
each of the fore,- oin election off icers being a c .alified
elector of said noting precinct.
This ',:otice is ,-i--en pursuant to Resolution _'No.
9v9 of the City council of the City of Lodi as aaopted by
s'id _t r "ouncil on=arcr_ _, 1539 and in accordance with
-the ":_._. e:w:;ion ..ct of 1913" and amendments the -to.
101
C_.-= CC._.fl __�
'.TO�iDAY, Cz �, 1939
The foregoin.-;� Resolution +o. c,89 was then
ado,:ted by the as>entin- votes of Counciln--en Spooner,
_Sria, jieihe, Clark and Steele.
-he monthly reports of the Chief of Police
and of the Pound_:aster were received, read and ordered
I _'i1ed.
A letter from the Dirision of Highvlays giving
the result of the traffic commit taken at the intersection
of State 'r_ich^.:ays µ and 24 was received. The Clerk
r:crted that he had repos ed the findings rude in this
letter to the Secretary of the Victor 7arm Center.
T,.. -.-o a;.vlications for business licenses Ido.
30 and 3 ;,-ere o-rdered granted.
The application of riugust Liprert to conduct
and maintain a trailer ca n Lm.-4er the provisions of
Ordnance "o. 248 on portions of Lots o and 7 Lodi
=.arnaart Tract was granted on motion of Councilman
ate_.e, seconded by Councilman Spooner.
On motion of Councilman Graffi.,na, seconded
o Councilman eihe, ,la'—s in the amount of X21,525.73
were allowed and warrants ordered draewn in payment thereof.
"he compensation of Edivin D. Emery -was allovwed
for one-half !-onth only.
The Council ap-proved the notice Siven by City
Attcrr_ey, ulenn :.est to the attorneys of the ?acific
=ale-chone ana 'Tele_raph Ccm—pary that said ccmpany had
no nerahin interest in the role at the intersection
If Cali_'crnia Street and Yialrut Street v.,hich was the
s,.oje, . of the accident to Eds.in 1�. ^lery on October 31,
, ._57 ,
�J
Yr. Kenneth Lobau;=h again a :dressed the board
in regard to public liability insurance and state: that
•^ "h the :;750.00 deductible allowance, the rate -mould be
cut aoprox Lte1y 50?. He was authorized to submit
tentative col'_cies for ins�irar_ce.
On motion o' Councilman sraff i;ana, seconded
b, Co_,nc_lman '++eihe the Oo^: ittee on Public Health and
Safety vwaz au�horized to '_ease a portion of the land
accul red from D. S. Doepke at the rate of X20.00 per
acre nem year, water incluied.
The Co!mcil then adjourned on notion of
Cour .ilman +eiile.
ATTEST:
ty Clerk
The fore.;oino minutes of a
_ e�-.lar meet; n of t^:e City
Council of the City of Lodi_
were read and aurroved^:with-
ow I__ection at a subsec;:ent
-ee nS of said City Council
held :•larch 20, 1939.
Lla-% or