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HomeMy WebLinkAboutMinutes - April 6, 1931430 Council Chambers -City Council • City Hall - City of Lodi Monday, Aril 6tn. , 1931 . This regular meeting of the City' Council of the Cityof Lodi met at 8.00 o'clock—M. .M. on the date first above writen, Councilmen Keagle, :leihe and Spooner present at roll call. The minutes of the last regular meeting held March 16th were read, approved as read and so endorsed by the Layor. At 8.10 o'clock ?.M., during the reading of the minutes, Councilman Roach aapeared and took his seat in the Council. Mr John Bauer being present addressed the Council regard- ing the concert to be rendered by Tokay Band & Orchestra at the opening of the Baths. Mr Bauer was referred to the Committee in charge. On account of numerous complaints regarding the condition of Lockeford Street from the western city limits to Church St- reet, the Clerk and the Street Superintendent were ordered to obtain oil and have it applied to this street. R.L.Martin submitted prices on - constructing curb and gutter and solicited part of the City's business. • The Clerk was directed to notify representatives in the State Legislature and the Committee on Public Utilities of the State Senate that the passage of a measure giving the department of weights and measures control over :nater, gas and electric meters was unnecessary and might reflect harm on publicly own- ed utilities. The quarterly report of the Chief of the Fire Department was received read and ordered to the files, likewise the month- ly reports of the Chief of Police and of the City Poundmaster. Plans and Specifications for the improvement of . ortions of Cherokee Lane Highway having been submitted by Mr Edward K. Hussey, City Engineer, the same were approved and adopted as the plans and specifications •under whibh said work should be done.by the adoption of Resolution No. 633 by the following vote :- AYES : Councilmen, .Teihe, Roach, Keagle and Spooner. _ NOES: Councilmen, None. ABSyT: Councilman, Steele. 7 The said plans and specifications were thereupon endorsed by the ?;;ayor and by the City Clerk for identification:. Resolution of Intention No. 72 for the improvement of portions of Cherokee Lane Highway was introduced on motion of Councilman Jeihe Roach second and ordered laid over for one week, the Clerk £o transmit a certified copy thereof to the Board of Supervisors of San Joaquin County. • Lodi Grammar School District a -Dolled through Supt. Henning for the erection of six electric lighting standards on the East and North sides of Needham School: application ordered granted, the district to pay for the standards at the rate of $20.00 each. Four building permits aggregating $4,875.00 ordered granted. ?he City Clerk was directed to ask LIr R. ;.Pierce Engin- eer of State Highway Division "" to appear at the next meeting of the Board of Supervisors of San Joaquin Count as it was expected that the hearing on the application of the City Council for permission to exerciseurisdiction_ over the proposed imp- rovement would came up on that date. Bills in the amount of $13,3647.14 as a;proved by the finance Committee were allowed -and ordered paid on motion of Councilman Roach, .ieihe second. RESOLUTION OF INTENTION No. 72 RESOLVED THAT, WHEREAS, the City of Lodi, is a municipal corpora- tion of the sixth class, situate to the County of San Joaquin, State of Call -i fornla, and WiIEREAS, CHEROKEE LANE Is.; an open public street and highway, commonly known as CHEROKEE LANE, extending from a line drawn from the southwestern corner of the' intersection of Lockeford Street and Cherokee Lane to the Southeastern. corner of the Intersection of Chero- kee Lane and Lockeford Road, as said Lockeford Street and Lockeford Road are shown on that certain filed map entitled "Map of Lawrence Homestead Addition," etc., filed April 5th, 1929, in Volume 10 of Maps, at page 6, of Official Records of the Comity of San Joaquin, State of California, Southerly to a line drawn at right angles to the Westerly line of Cherokee Lane at the Intersection thereof with the Northerly line of Vino Street as said Cherokee Larte and Vine street are shown on that certain tiled map en- titled "Lodi Barnhart Tract, etc.." tiled November sill, 1906, in Volume 3 of Maps, at page 48, of Official Records of the County of San Joaquin, State of California, and THAT, WHEREAS, the westerly line of said CHEROKEE LANE, ex- tending from the Southerly line of Lockeford Street, on the north, to the Northerly line of Vine Street on the South, fortes between the said points: on saki -Cherokee Lane above given, the exterior boundary line of the said City of Lodi, and the said Cherokee Lane between said points thereon,; nhove given, extends along the boun- dary line of the said City of Lodi and unincorporated territory of the said County of San Joaquin, State of Cali- fornia; and 1 WHERFAS, heretofore and on the 9th day of March, 1931, the Council of the said City of Lodi duly and regularly passed and adopted its Resolution No. 630 ordering the City ]engineer to prepare plans and speci- fications and careful estimates of said work or improvement to be construct- ed as in this RESOLUTION OF LN- TENTION hereinafter described and also thereby and therein ordering the said City Engineer to prepare a map or plat of and the description of the District to be assessed, as in this RESOLUTION OF INTENTION- here- inafter described, to pay the costs and expenses of such public work or im- provement and also thereby and there- in ordering the said City Engineer to set and establish new and different € grades from those heretofore existing and established, to which all of the work or improvement under this RESOLUTION OF INTENTIOla here- inafter described shall be done, and 'WHEREAS, the City Council of the said City of Lodi, did on the 6th day of April. 1931, duly and regularly pass and adopt a resolution, being Resolu- tion No. 633 adopting the plans and specifications of said work or improve- ment to be constructed as hereinafter described; and WHEREAS, the Board of Supervis- ors of the County of San Joaquin hav- ing jurisdiction over a portion of the territory included in said district to be assessed as hereinafter described, did on the 13th day of April, 1931, duly and regularly pass and adopt a resolu- tion consenting to the formation of said district to be assessed to pay the cost and expenses of said work or im- provement as hereinafter described, and for the commencement of a pro- ceeding under the provisions of an act of the Legislature of the State of Cali- fornia, designated "BOU TDARF LINE ACT OF 1911" and entitled. "An Act to provide for the establish- ment and change of gradle of public highways, streets, public ways and oth- er public property and rights of way, in whole or in part, including property over which possession and right of use have been obtained under the provz- sions of section 14 of article one of the Constitution of the State of Cali- fornia, whether the same are situated within the limits of a municipality or whether such public ways or property are in part within the limits of one or more municipalities, or extend from one municipality into another munici- pality, or from one or more municipals ties into or through unincorporated territory, or in whole or in part Corm the boundary between adjoining muni- cipalities or between a municipality and adjacent unincorporated territory; and providing for work in and upon the same together with any and all appurtenances and appurtenant work: and providing for assessing the whole or any portion of the costs and ex. penses thereof upon private property and for the Issuance and payment of Improvement bonds to represent cer- tain assessments for the costs thereof, and providing for the effect of and the enforcement of such bonds"; Approved April 21, 1911, and as amended 1913, and as amended 1923, i and as amended 1927, and as amended by Title and other wise 1929, and NOW. THEREFORE, BE IT R.E- SOLVaD by the City Council of the City of Lodi, that it is the Intention of the City Cotrncll of the said City of Lodi, when consent thereto and so to: do, and consent to the formation• of the assessment district hereinafter described, to tiny the costs and, ex- penses of the work or inhprovement hereinafter described Is given and granted by the Board of Supervisors of the County of San Joaquin, State of California. to ordler the following work to be done and improvements to be made, to -wit: THAT Cherokee Lane from a line drawn from the southwestern corner of the intersection of Lockeford Street' and Cherokee Lane to the Southeast- ern corner of the intersection of Cherokee Lane and Lockeford Road, as said Lockeford Street and Locke - ford Road are shown on that certain filed map entitled "Map of Lawrence' isomcst.cad Addition," etc., filed April 5th, 1929, in Volume 10 of Maps, at page 5, of Official Records of the County of San Joaquin, State of Cali- fornia, Southerly to a line drawn at right angles to the westerly line of Cherokee Lane fat the Intersection thereof with the Northerly line of Vine Street as said• Cherokee Lane and Vine Street are shown on that certain filed map entitled "Lodi Barahart Tract, etc.." filed November 5th. 1906, in Volume 3 of Maps. at page 4S, of Offi- cial Records of the County of San Joaquin, State of California, including i its intersections with all intersecting; Public highways, be graded in the manner and locations shown on the pians, and specifications, therefor, hereinafter referred to and to the grades and subgrade elevations here inafter defined and shown on the said plans and specifications: That Portland cement concrete pavement be constructed upon the roadway of said street in the width!. the thicknesses and cross section in the manner and in the particular loca- tions as all are more fully shown on ., the said plans and specifications: That Portland cement concrete in- tegral curbing be constructed on both sides of said street including all re -1 turn corners and terminations in the' manner, to the grades, of the dimen- sions and in the particular locations as all are more fully shown on the said plans and specifications: That concrete pipe sewers be con- structed in said street in the manner, of the dimensions, to the grades and In the particular locations as all are more fully shown upon the plans and . specifications hereinafter referred to: All of the aforesaid work and im- provement to be done to dimensions and sizes, and in the manner, place and location as shown on plans, specifica- tions, detail drawings, profiles and typical cross sections for said work and improvement, as prepared by the City Engineer, and adopted as the plans and specifications for said work and improvement by "Resolution Adopting Plans and Specifications and . accepting estimates of Cost No. 633 passed by the City Council of the City of Lodi on the 8th day of April, 1931, which said plans, specifieations, detail drawings, profiles and typical cross sections are now on file in the offic: of the City Clerk of said' City of Lodi and are hereby referred to for a more particular description of the work to be done under this Resolution of -in- tention, and are made a part hereof. Excepting from all the herein de- scribed work all of said work that has 1 already been done to the lines and i grades as shown on the plana and profiles. and in accordance with said plans and specifications, and - e:cept- Ing from all of the abo-ii: described work such portion as ]s requh-ed by law to be kept In order or repair by any person or company having rill. road tracks thereon." and Said work and improvement shall be done to grades as shown on naid plans, specifications, rdetnil draw' ings. profiles and typical cro,v sections, to all of which reference is hereby ex- pressly made for a description of the grades to which all of the tvor-k and improvement under this res:rlution shall he done, which said' grades arc hereby adopted and estab:ished as the! official grades therefor; THAT except as other!~dse herein- after provided for the issuance of serial bonds all of the herein proposed work or improvement shall bu- done and made In pursuance of the provi- sions of an Act of LegislaVn•e :)f the State of California, lesignateri "BOUNDARY LINE ACT OF 1911," and entitled "An act to provide for the establishment and change of gratlb of public highways, streets, pub• lic ways and other public prof criy and rights of way, In whole or In part, including property over which possession and right of use have Leen obtained under the provisions of sec- tion eation 14 of Article one of the Constitu i tion of the State of California, wh�th•' er the same are situated within the limits of a municipality or whether such public ways or property ara hi part within the limits of one or more municipalities, or extend from on - municipality into another municipality. or from one or more munlelpall tiea into or through unincorporated terri- tory, or in whole or in part form the boundary between adjoining mntticl- palitles or between a municipality and adjacent unincorporated territory; and providing for worst in and upon the same together with any and all appur- tenances and appurtenant worst: and providing for assessing the whole or any portion of the costs and expenses thereof upon private property and for the issuance and payment of improve- ment bonds to represent certain assessments for the costs thereof. and providing for the effect of and the j enforcement of such bonds." Approv- ed April 21, 1911. as amended 191j. and as amended 1923, and as amend -d .1927, and as amended by Title and otherwise 1929. i AND, WHEREAS. said contemplat- ed work or improvement, in the opinion of the City Council of the said City of Lodi is of more than local, or ordinary public benefit, said City Council of the said City of Lodi i hereby makes the expenses of said' work or Improvement chargeable upon a district, which district said City Council of the said City of Lodi declares to be the district benefited by said work or improvement, and to be assessed to pay the costs and expenses thereof, which said district and all the lands embraced within its exterior boundaries is situated, lying and being partly within the said City of Lodi and partly within unincorporated ter- ritory in Sections 6 and 7. Township 3 North. Range 7 East and in Sections 1 and 12, Township 3 North, Range 6 . East, Mount Diablo Base and Merl-; dian, in San Joaquin County, State of California, and the extent of the ter- + ritory included in said district is indi- i cated by a boundary line shown and delineated upon a certain map or plat marked - - - — MAP SHOWING THE EXTERIOR BOUNDARY OF THE ASSESSMENT' DISTRICT FOR THE WORK OR IM- PROVEMF_NT OF CHEROKEE LANE, ALL AS DESCRIBED IN RE- SOLUTION OF INTENTION NO. 72, OF THE CITY COUNCIL OF THE' CITY OF LODI. COUNTY OF SAN JOAQUIN, STATE OF CALIFORN-IA. I SCALE: 100 FL 1 Inch. April, 1931. EDWARD K. HUSSEY. City Engineer." filed in the office of the City Clerk of the said City of Lodi, on the 6th day of April. 1931, and now on file therein, and for a particular description of said district reference is hereby made to that certain plat or map filed in the office of the City Clerk of the said City of Lodi, on the 6th day of April. 1931, and now on file therein, marked. "?HAP SHOWING THE EXTERIOR BOUN-DARY Off- THE ASSESSMENT DISTRICT FOR THE WORT: OR j IMPROVEMENT OF CHEROKEE. LANE. ALL AS DESCRIBED IN R£- SOLUTION OF INTENTION NO. 72, OF THE CITY COUNCIL OF THE CITY OF LODE, COUNTY OF SAN dOAQUIN, STATE OF CALIFORNIA. SCALE: 100 Ft. 1 Inch. April, 1931. EDWARD K. HUSSEY. City Engineer." Which said map or plat above men- tioned and described and on file in the office of the City Clerk of the said City of Lodi, the City Council of the said City of Lodi adopts and approves ns the map of Lite assessment district to be asseseed to pay the costs and expenses of said work or Improve- ment, and the same shall govern for all details as to the extent of sald assessment district and described as follows, to -wit: COMMENCING at a pohtt on the center line of Vine ;Street distant thereon 300 feet from the Southerly Prolongation of the Westerly line of Cherokee Lane, as the said streets are shown on the certain Map entitled "Lodi Barnhart Tract" etc., filed Nov. 5. 1906, in Vol. 3 of Maps, at page 48 of Official Records of the County of San Joaquin, State of California; thence Northerly parallel to the west- erly line of Cherokee Lane to a point In the southerly line of Tokay Street, Which point is 10 feet westerly from the northeast corner of Lot 6, as shown on that certain map entitled "Tokay Tract," filed for record in the l office of the County Recorder of the County of San Joaquin, State of Cali- fornia, November 21, 1927, In Volume 10 of Maps at Page 121; thence north- . eriy across Tokay Street to a point. in the Northerly line of Tokay Street, which point is 295' westerly front the westerly line of Cherokee Fane: thence northerly parallel to the west-' erly line of Cherokee Lane to a point In the southerly line of Lodi Avenue which point is 295 feet westerly from the westerly line Of Cherokee Lane; thence northwesterly across Lodi ave- nue to the souflnrest corner of Lot 13, Block 7, as show's on that certain map entitled " Map of East Lodi Addition" filed for recoid in the office of the County Recorder of the County of San Joaquin, State of California, January 31, 1906, In Volume 3 of Maps at page 42; thence northerly along the west- erly line of Lots 13 and 26 of Block 7 of aforesaid Map of East Lodi Addi- tion to the Northwest corner of the said Lot 26 in said Block 7; thence northerly across Walnut Street to the Southwest corner of Lot 10 in Block 6. as said lot and Block are shown on the aforesaid map of East Lodi Addi- tion; thence northerly along the west- erly line of the said lot 10 to the north- west corner thereof; thence northeast- erly across an alley to the Southwest corner of Lot' 3, Suess Oak Street Addition, as shown on that certain map entitled Suess Oak Street Addi- tion, filed February 3, 1920, in Volume 9 of Maps at Page 70 of Official Rec- ords of the County of San Joaquin, State of California; thence northerly along the west line of aforesaid lot 3 of Suess Oak Street Addition to the Northwest corner of said lot 3; thence northerly across Oak Street to a point in the Northerly line of Oak Street, distant thereon 366.20 feet westerly front the westerly line of Cherokee Lane; thence northerly to a point In I Ire southerly line of Pinc Street dis- tant thereon 363.71 feet westerly from the westerly line _of Cherokee_Lune;.. thence northerly across Pine Street to the Southwest corner of lot 7, as shown on that certain map entitled Marchand Addition," filed for record 1 in the office of the County Recorder :of the County of San Joaquin, State of California, April 13, 1921, in Volume 10 of Maps at page 34; thence north- erly along the westerly line of said lot 7 to its northwest corner; thence northerly across an alley to the South- west corner of lot 4 as shown on that certain map entitled "Subdivision of t Iluell Laud" flied for record in the office of the County Recorder of the County of San Joaquin, State of Call- forula, August 30, 1915, In Volume 8 of 1lfaps at Page 49; thence northerly along the Westerly line of said lot 4 to Northwest corner thereof; thence northerly across Eim Street to a point Ion the Southerly line thereof distant Ithereon 373.96' from the Westerly litre of Cherokee Lane; thence North- rly parallel with the said Westerly line of Cherokee Lane 170 feet to a: Ipohrt on the Southerly line of an alley 4hru Block 49 of Brier and Keeney's Addition hereinafter mentioned; thence northeasterly across an alley to the southwest corner of Lot 8. of Block 49 as shown on that certain map entitled "Map of Brier and Keen- ey's Addition; filed, in the office of the County Recorder of the County of San Joaquin; State of California, Octo- ber 6, 1903, 4a Volume 3 of Maps at Page 20; thence northerly along the Westerly line of Lot 8, Block 49 and (lots 21 and 8 of Block 48 of aforesaid map of Brier and Keeney's addition and along Its prolongation to the in- tersection thereof with the center ltne of Lockeford Street, which said center ,line Is also the Northerly line of the Southeast 1/4 of Section 1, T 3 N, R 6 E, M D B & M; Thence easterly along the aforesaid center line of Lockeford Street to the N. E. corner of the S. E. 74 of Section 1. T 3 N, R 6 E, M D B& M; thence S 85° 27' F E, which Is also the northerly line of the Southwest t/ of Section 6, T 3 N. R 7 E; M D B& M, a distance of 252.12 feet; Thence Southerly to a point in the northerly line of the Right of Way of the Southern Pacific Railroad Company, which point is 252.78 feet easterly from the westerly line of Seddon 6. T 3 N, R 7 E; M D B & M; Thence Southeasterly across said Railroad Company's Right of Way to the Northeast corner of lot 10 as shown on that certain map entitled Live Oak Colony No. 1, filed for record In the office of the County Recorder of the County of San Joaquin, State of California, March 17. 1887, in Volume 1 of Maps at Page 73; thence south- erly along the easterly Fine of said Live Oak Colony No. I and along the southerly prolongation thereof to an Intersection with lite Southerly line of Section 6, T 3 N. R 7 E, M D B R- M; Thence westerly along the south- erly line of said Section 6, to the inter- section thereof with a line drawn parallel to and distant 360 feet from the West line at Section 7. T 3 N. R 7 L. M DB & M, (said distance is measured at right angles to said sec- tion line); Thence South along the aforesaid parallel line to the said Westerly line of Section 7 to an inter- section with the center line of Vine Street produced easterly; Thence westerly along the said easterly pro- longation of the center line of Viae Street and along the center line of Vine Street to the point of beginning; ; SAVING, EXCEPTING AND EX- CLUDING, however, from the above described area to be assessed as! aforesaid, the area , of all public' streets, avenues, lanes, roads, drives, courts and ways therein contained; and also excepting therefrom any lot, piece or parcel of land- belonging to May county, city, public agent, manda. tory of the government, school board, educational, penal or reform institu- tion or institution for the feeble mind- ed or the insane, and being in use in the performance of any public function. The City Engineer is hereby direc- ted to make a diagram of the property affected or benefitted by the proposed work and improvement as described in the Resolution of Intention and to he assessed to pay the costs and ex-, penes thereof such diagram sliall show each separate lot, piece or parcel + of land, the dimensions of each of said i lots, pieces or parcels of land, and the relitlie locatlon o[ the aame'io the work proposed to be done, all within the limits of the assessment district. AND NOTICE IS HEREBY GIVEN that serial bonds shall be issued to represent each assessment of twenty- five dollars ($25.00) or more for the costs of said work or improvement re- maining unpaid for thirty (30) days after the date of the warrant, and said serial bonds shall extend over a (period of nine (9) years from the second (211d) day of January next succeeding the fifteenth (15th) day of the next November following their date, and an even annual proportion of the principal sum thereof shall be payable by coupons on the second (2nd) day of January every year after the fifteenth (15th) day of next No. vember following their date, until the whole is paid, and the Interest shall be payable semi-annually, by coupon, on the second (2nd) day of January. and July of each year after their date,( at the rate of six per cent (6%) per win un on all Bums unpaid, until the I whole of sold principal and interest are paid. Said bonds shall be issued In accordance with the provision of Part III (Part 3) of an Act of the Legislature of the State of California. entitled, "An Act A provide for work In and upon streets, avenues, lanes. alleys, courts, places and sidewalks, within municipalities, and upon prop- erty and rights of way owned by municipalities, or of which a muntel- pality has possession and the right of use under the provision of Section 14 of article one of the Constitution, and for establishing and changing the grades of any such streets, avenues, lanes, alleys, courts, places, sidewalks, properties or rights of way, and pro- viding for the issuance and payment of street improvement bonds to rep- resent certain assesamento for the cost thereof, and providing a method for the payment of such bonds," ap- proved April 7, 1911, and the a send- ments thereto, excepting therefrom section 64. NOTICE IS HEREBY GIVEN that on Wednesday, the 29th day of April. 1931, at the hour of eight (8) o'clock P. M., in the Council Chamber of the City Hall of the said City of Lodi, that any and all persons liable to be as- eeseed for said work or improvement having made written objections to the iproDosed work or improvement or against the extent of the district to be assessed, or both, or also to file writ- ten objections to the proposed grades and having filed said written protests or objections as prescribed by this Act, with the C1fy Clerk of the said City Council of the City of Lodi With- in the time set for the hearing pro- tests or objections may appear before the said City Council of the said City of Lodi and show cause why said pro- posed work or Improvement should not be carried out in accordance with this RESOLUTION OF INTENTION. The City Clerk of the said City of Lodi shall cause the RESOLUTION OF INTENTION to be published twice in "The Lodi Sentinel," a newspaper published and circulated in said City of Lodi, which said "The Lodi Sentinel" is the newspaper here- by designated by the City Council of the said City of Lodi for that purpose. The Street Superintendent shall cause to be conspicuously posted along the line of said contemplated work or improvement, and along all the open streets within the asseBS• merit _ district at not more than thrae hundred (300) feet in distance apart on each street, and in all respect, and In the form, and for the time as re- quired and provided by section 4 of said Boundary Line Act, Notices of the passage of this RESOLUTION OF INTENTION. The said City of Lodl will, out of the general fund In the treasury of said City of Lodi, pay the sum of ; the total sunr of which will be made up by the sum of ( ) by the Department of Public Works, Division of Highways. State of California; also by the sutn of ( ) by the Board of Supervisors of the said County of San Joaquin, State of California, au- thorized to be paid out of the fund of said County, its regu- larly passed and adopted by resolu- tion on. the 13th day of April, 1931, and all of the above sums so authorized to be paid by the respec- tivo_pu blic_bodica -are-to-be- paid _into the general funds of the treasury of the said City of Lodi, to be held In reserve towards the costs stud ex- penses of the work or Improvement to be performed and made as above set forth. I hereby certify that the foregoing Resolution at Intention No. 72 was duly and regularly introduced at a regular meeting of the City Counell of the said City of Lodi, held on the 6th day of April, 1931, and was there- after ditty and regularly passed atnd adopted by said City Council of tike said City of Lodi, at as adjourned regular meeting thereof, held on the 13th day of April, 1931, by the follow. Ing votes; Viz: AYES: COUNCILMEN Keagle, Roach, Weihe and Spooner. NOES: COUNCILMEN, None. ABSENT: COUNCILMEN, Steele. AND that It was thereupon filed In my office on the same day, ATTEST - J. F. BLAKELY, City Clerk of the City of Lodt. State of California. A"1 No further business a..pear;ng, the City Council adjourn- ed to the 13th�.cay of April ;�1931 on motion of Councilman - -. .3eihe at the hour of 8 o'clock : thereon. t �ity"�Clerk.