HomeMy WebLinkAboutMinutes - August 19, 1935235
COUNCIL CHAMBERS --CITY COUNCIL
CITY HALL - - CITY OF LODI
Monday, August 19, 1935
The City Council of the City of Lodi met at 8:00 otcloek P.M. at the place
and on the date first above written, Councilmen Clark, Spooner, Welhe and
Steele (heyor) present.
The minutes of the regular meeting of August 5th., 1935 and of the meeting
adjourned therefrom held August 9, 1935 were read, approved as read and so
endorsed by the Mayor.
Mr. Robert H. Finn and Dr. If. J. Coffleld, Trustees of Lodi Public Library
with Amy L. Boynton, Librarian appeared before the Council and presented the
annual proposed budget of the Library_
seorge D. Polenske, Fire Chief and Earl May, Secretary of the Lodi Fire
Department appeared and asked for an appropriation of $200.00 to defray the
expenses of delegates to the State Firemen's Convention at Riverside to be
held during the first week of September, stating that the local department
was making a determined effort to brine the next annual convention to Lodi.
On motion of Councilman Spooner, Clark second, it was moved and carried that
the Department be allowed the amount requested.
In the matter of the proposed annexation of a portion of Hutchin's Homestead
Addition to Lodi, City Attorney Glenn West presented a resolution of the Board
of Supervisors of San Joaquin County finding due publication of notice and
that no protests had been presented and consenting to the annexation. The
resolution was ordered filed and, on motion of Councilman Weihe, Councilman
Clark second, Resolution No. 794 was introduced for adoption and read at length
by the Clerk.
RESOLUTION NO. 794
A RESOLUTION S?TMI7TI G TO THE ELECTORS OF THE CIT`_' OF LODI THE QUESTION
OF WERTHER OR NOT NEW UNINHAPITED TERRITORY SFILL BE ANNFYED TO A D IN-
C(PPOR_STRD IN 124D W—DE A PA -RT OF THE CITY OF LODI.
WHIMPAA.S, the City Council of the City of Lodi did on the 9th day of Aueust,
1935, receive a written petition asking that certain new uninhabited territory,
hereinafter described, be included in said City of Lodi, a municipal Corporation,
and containing a description of such new uninhabited territory, and slened by
more than one-tenth in number of the qualified electors of such municipality
computed upon the number of votes cast at the last general municipal election
held in said city; and
Vw7-PPee after so receiving said petition and without delay, and on August 12th,
1935, said City Council duly and regularly notified the Board of Supervisors of
the County of San Joaquin, State of California, in which county said city is
located, of the fact of filing such petition; and
WNEPEAS. after receiving such notification and on August 12th, 1935, said
Board of Supervlsors ceusec notice to be published for a period of five days,
to -wit, on August 12th, 13th, 14th, 15th, 16th and 17th, 1935, in the Stockton
Record, a newspaper of general circulation printed and published in said County
of San Joacuin, setting forth by general description the land so sought to be
annexed to said municlpality, and announcing the time and place when and where
objections to said annexation would be heard, which last-mentioned time and
?lf:ce, as stated in said notice were and are Monday August 19th, 1935, at two
o'clock in the afternoon of said day, at the regular meeting puce, to -wit, the
office and room of said Board of Sunervisors in the Court House of said County
of San JOaMin, Et Stockton, San Jos-uin County, Califorrla; and
T?FEER_AS, proof of such publicetion of said notice was duly and regularly
made to said Board o" Supervlsors at two o'clock inthe afternoon on August 191h,
1935• and
DF.EAS, pursuant to said notice so caused to be published by said Board
of Supervisors as aforesaid and at the time and place specified in said notice,
to -wit, at two o'clock in the afternoon on August 19th, 1935, at the said regular
meeting place, office and room of said Board of Supervisors, the matter of hearing
any and ell remonstrances, protestetlons and objections against said enaexetlon
came duly and regularly on for hearinc and was heard before said Board of Supervisors,
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COUNCIL CHAMBERS - - CITY COUNCIL
CITY HALL --CITY OF LODI
and it duly and regularly a.roearing that such notice had been duly and re-
gularly given as aforesaid, and no objection, remonstrance or protestation
to or against the said annexation had been filed or made to said Hoard of
Supervisors; and whereas the said Hoard of Supervisors at two ofelock in
the afternoon of August 19th, 1935, at its regular meeting place as afore-
said, having duly and regularly heard and considered the matter of said
annexation, duly and regularly passed Its resolution consenting to the annex-
ation of said uninhabited territory by said City of Lodi, a municipal corp-
oration, and consenting that said new uninhabited territory be included In
and made a part of said city and that the boundaries of said city be changed
accordingly, a certified copy of said last-mentioned resolution having been
this day filed with and received by the said City Council; and
WHEREAS, said petition and all the proceedings heretofore mentioned
duly, regularly and fully comply with all the terms and provisions of Act
5103, General Laws of the State of California, and acts amendatory thereto;
NOW, THEREFORE, HE IT RESOLVED By said City Council, in consideration
of the premises and the facts so found, and pursuant to the provisions of
said act and acts amendatory thereto and pursuant to the statute in such
cases made and provided, as follows:
(1) That a special election is hereby called and ordered to be held
In the said City of Lodi, on Thursday September 12th, 1935, for the purpose
of submitting to the qualified electors of said city a proposition as herein-
after stated to annex to and make a part of said city the uninhabited territory
hereinafter described and to change the boundaries of said City of Lodi
accordingly.
(2) That the objects and purposes for which said election Is called
and shall be held, is to submit to the qualified electors of said city and
there shall be submitted to s id qualified electors at said election, a
Dronosition as follows:
PR3?OSITION
Shall the uninhabited territory hereinafter described, be annexed
to, incorporated in and made a part of the City of Lodi, a Municipal
Corporation, and shall the boundaries of said Citycf Lodi be changed
and altered accordingly and so as to include said uninhabited terr-
itory, which uninhabited territory is situated in the County of San
Joaquin, State of California, and bounded and described as follows,
to -wit:
A part of "FUTCFTNS 9093 -STEAD ADDITION", as per man thereof filed
September 13, 1922, and recorded in Vol. 10 of Maps and plats at page
60 in the office of the County Recorder of the County of San Joaquin,
State of California, which part of said addition is bounded on the
South by the North line of "Sargent Road", on the West by the West line
of Orange Avenue as said Avenue Is delineated on dap recorded in Volume 11
of Maps and Plats at page 13 in the office of the County Recorder of
San Joaquin County, California, on the North by the South line of Oak
Street, and on the East: by the Westerly boundary of said City.
(3) That the City Clerk of said City Is hereby ordered, for and on
behalf of said city and for and on behalf of said City Council, to give,
and to cause to be given, notice of said election by the publication of
such notice in "The Lodi News -Sentinel", a newspaper of general circulation
printed and published in said City of Lodi, at least once a week for a
period of two we -'ss next preceding such election, which notice shall state
that it is proposed to incorporate the territory so sought to be annexed
as a part of said city, and which notice shall invite the electors of said
city to vote upon such Droposition, by marking their ballots, "For annexation"
or "Against Annexation", and that in said notice the said territory so
sought to be annexed to said city shall be generally described in such manner
as to apprise the voters of the particular land so sought to be annexed.
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COUNCIL CHAMBERS --C17Y COUNCIL
CITY HALL -- CITY OF LODI
(4) That if the proposition so submitted receives the requisite number
of votes, to -wit, a majority of all the votes cast at such election in favor
of said annexation, the said new uninhabited territory shall be annexed to
and made a Dart of said City.
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(5) That the polls for said election shall be opened at six o'clock a.m.
of the day of said election and shall remain open continuously from said time
until seven o1clock p.m. of the same day when said polis shall be closed, except,
however, that if at the said 'hour of closing there are any voters in any polling
place, or in line at the door thereof who are qualified to vote, and have not been
able to do so since appearing, the -polls thereat shall be kept open a sufficient
time to enable them to vote, but no one who shall arrive at any polling place
after seven o'clock p.m. of said day shall be entitled to vote, although the
polls may be open when he arrives.
That on the ballots to be used at said special election, in addition to
the other platters required by law, there shall be printed substantially the
following:
INSTRUCTION TO VOTEF.S
Mark crosses (R) on ballot ONLY WITH UBKR STbBL'; never with pen or pencil.
To vote on any question, proposition or conc:itutional e.:,endment. stamp a
cross (%) in the voting square after the words "For annexation" or after the
words "Against annexation". All marks except the cross (x) are forbidden. 911
distinguishing marks or erasures are forbidden and make the ballot vold.
If you wrongly stamp, tear or deface this ballot, return it to the inspector
of election and obtain another.
PEOPOSITION: Shall the uninhabited territory
hereinafter described, be annexed to, incorporated
In and made a Dart of the City of Lodi, a Municipal
Cornoretion, end shall the bcundaries of said City
of Lodi be changed and altered accordingly and so For
as to include said uninhabited territory, which un- annexation
inhabited territory is situated In the County of
San Joaquin, State of California, and bounded and
described as follows, to -wit:
A Dart of ":-Tj1 C,:';S HOIGST=illi iD i'IO!J" as Der
maD thereof flled September 13, 1922. and recorded
in Vol. 10 of Me -ns and Plats at Dace 60 Sn the office
of the County Recorder of the County of San Joecuin
State of California. rhich Dart of sell addition is �calnst
bounded on the Scut} ty the ?dart'- line of "Sargent annexation
Road", on the West . , -the {'gest 11-,e of OranEe -'veme
as salt kTeen'je Js del-eated on leer .recorded in
Volume 11 of YaDs and =tats at pa -e 12 in the office.
of the Ca:ntv Recorder of San Joe,uln County, Cellfornia,
on the Horth by the So-.:th line of Oak Street. and on
the East ty the Pr-sterly boundary of said city.
9 cross (Y.) stamped In the voting square after the words "For annexation"
shall be counted in favor of the adoption of the question or proposition and for
- the said annexation. 9 cr^s_ (Y) stamped in the voting square after the words
"Against annexeticn" shell be counted arsInst t::- edo.tlon of the question or
Droposition and arainst the said annexation.
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COUNCIL CHAMBERS -. CITY COUNCIL
CITY HALL - - CITY OF LODI
(6) That for the purnose of holding said election there shall be four
consolidated voting precincts in said city, which precints shall consist
of consolidations of the regular election precincts now established in
said city for the holding of stLte and county elections therein: that
said consolidated precincts shall be designated as hereinafter stated;
that the polling places for the respective precincts shall be the nieces
hereinafter designated and that the persons hereinafter named, being comp-
etent and qualified electors and residents of said city and of their res-
pective elects•^, precincts, are :.ereby appointed officers of election and
to maKe returnthereof in t. -.e manner provided bylaw.
Consolidated Voting Precinct A shell consist of regu'_ar election
precincts nu.--be.ed 1, 2, S, 4, &c 7, es now establisned in said city for
holding state end county elections:
Polling Place: City Hall, P'_ne street at PlAesent Avenue.
Lnsrector: eugustus G. Corson,
Judges: Ctrs. Amelia L. Barzelotti and Lars. Ora H. Viliinger.
Consolidated Voting Precinct B shall consist of regular election
precincts numbered 5, 6, 8, & 9, as now established in said city for
holding state and county elections:
Polling Place: Shattuckts Garage, Rear of 300 best Oak Street
lnseectcr: Samuel T. Henderson.
Judees: Ernest L. Jecobser. and Mrs. Edith R_ Henning.
Consolidated Votinz Precinct C shall consist of regular election
precincts numbered 10, 11, 12 & 13, as now established in said city for
holding state and county elections:
_111ng Place: Selem School Building.
Ins-+ector: LLrs. Fire T. Weaver —
Judges: 11rs. Florence MoUchlar. end Mrs. Clare L. Watson.
Consolidated Voting Precinct D shall consist of reLuler election
precincts numbered 14, 15, 16, & 17, as nor Established in said city for
holding state and county elections:
Polling Place: 608 South Central .avenue.
Tnsnector: Mfrs. Olive C. Welch.
Judges: William J. Barnes and Mrs. Sara R. wricht.
(7) That said sz)eciel election shell be held and conducted, and the
votes thereat canvassed, and the returns thereof made, and the result thereof
ascertained and determined ss herein provided: and In all perticulars not
Drescribed by this Resolut'on said election shall be held and conducted as
nrovided by law for the holdirg of municinel elections in seid Cite. The
returns of said election shall be =ade out and sicned by the election
officers and shall be by them deposited with the Clerk of said City, together
with the ballots cast at said election: and this City Council shall meet
end canvass said returns on Vonday, the 16th day of September, 1935 (being
the first 'I:onday after said election), at the hour of eight o'clock, p.m.;
and If -,j-,)on such canvass It shall appear that a mz0ority of all the vctes
cast at said election. is In fevor of said annexation, the Clerk of said
city and of said City Council shall make and certify, under the seal of said
Wanicipel corporation and transmit tc the Secretary of State, and to the
Board of Supervisors of said County of San Joecuir in which said city is
located, a copy of its report of said election and of the canvass thereof,
as entered upon the minutes of said City Council together with a statement
showing the date of zeld election, and the time and result of said canvass,
which document shall be filed with the Secretary of State and the Clerk
of said Boerd of Supervisors.
/g) From and after t e date of the filing of said document in the
office of said .Secretary cf °.tete, the annexation, of such territory so
-lr000eee to be annexed shall be dee."i,ed and shall be comnlete, and thence-
forth such annexed territor_- shell be a part of said munlci;vei corporatlon
for all Intents and rurposes, except only that no part of such annexed
territory shall ever be taxes to ray any portlon of any indebtedness or
any liability of such municipal corporation contracted prior to or existing
at t^e time of such annexation.
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COUNCIL CHAMBERS -- CITY COUNCIL
CITY HALL -- CITY OF LODI
(9) Said City Clerk is hereby directed to procure all supplies that may
be necessary to properly and lawfully conduct the said special election and
to make and canvass the returns thereof end to make said report.
The foregoing Fesol::tion No. 794 was then passed and adopted by the
following vote:
AYES: Councilmen, Reihe, Clark, Spooner and Steele.
N08S: Councilmen. None
Bills in the amount of $4,575.13 as approved by the Finance Commute were
allowed and ordered paid on motion of Councilman Spooner, Weihe second.
Chief of Police Jackson apneared at this time and requested that the Council
enprove the appointment of a polle officer to fill the vacancy caused by the
death of D. H. Acker. He presented the name of Theodore Bender residing at
20 South Church Street as his appointee and on motion of Councilman Spooner,
Welbe second, the City Council approved Mr. Bender's appointment to become
effective September 1, 1931.
At the conclusion of the meeting, Mayor Steele announced the death of
Councilman George Q. Beagle, which occurred at 1:00 o'clock a.m. of Sunday
August 18th, 1935 after an illness of seven months.
On motion of Councilman Weihe, Clark second, the City Council then
adjourned in appreciation of Mr. Keagle's Mork for the City end in respect
to his memory, such adjournment to be until 8:00 o'clock p.m. of Monday,
kugust 26, 1935. Motion carried unanimously and so ordered.
City Clerk
The fore cinE min: 'es -a:1C cD ;:VEd
ee
;..tzn= correct_cn at . . e„�` j �
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