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HomeMy WebLinkAboutMinutes - May 7, 1923CITY HAIL, CITY OT LODI ? onday,_._ay 7th., 1923. The _eealar meetin; of the Board of Trustees of the Cit,; of Lodi :as called to order at 8 o'clock P.M.'_on the date first above writ- ten, Trustees Hale, Hickok, Lettler, Spooner and She:tuck present, the latter presiding. The minutes of the regular adjourned meeting of April 23r,µ 1923 were read and approved The Clerk submitted the application made by G. Piazza for lic- ense to maintain and operate a dance pavillion on Seaton Avenue. President or the Board, J. W. Shattuck and Trustee 1.O.Eale both stated that the personal moral standing of the applicant was against the granting of the permit. Trustee Spooner and Trustee Mettler mentioned the fact of the personnel of protestants ;who had previous- ly appeared before the Board end both stated that they would be influenced by their requests and would vote ae inst the granting of the license. Trustee Hickok stated that his sanding on this quest- ion was already expressed in opposition to the granting of license and the Clerk stated that he would be governed by the wishes of the Board and refuse to issue the license soueht. Representatives of a vending machine company appeared before the Board seeking permission to install slot machines vending mints with a "check" inducement in various stores. They were informed that if the machines complied with the state law, the Board of Trustees had nothing to say in the matter. J.H.Fairohilds applied for water and sewer extensions to Lot 5 in the Barnhart Tract but on account of the length of pipe to be laid the Board reserved decision until they could consult with the Superintendent of Public Utilities and view the proposed extensions. Reports from the Poundmaster, City Plumbing Inspector and City Marshal for the month preceeding were read and ordered filed. The City Engineer submitted his estimates of the quantities of pipe needed and the cost of the same to lay storm drains on Sar cent Road and the Southerly end of Washington Avenue. Trustee Hale moved that the Clerk advertise for the material necessary and on proper second being had the motion carried unanimously. The application of Fred Lind for sewer service at 420 Daley Avenue was laid over as the City Engineer reported that it was not feasible at this time to make the extension and would not be so until Hutchins Street was extended northerly to Daisy Avenue. The Clerk read several letters exchanged between himself and the director of the Bureau of Sanitary Engineering of the State Board of Health regarding the appointment of a caretaker at the sewage disposal plant and was instructed to answer the last one received with the statement that the Board mint be interested in securing the services of Cornelius Herb to instruct the permanent operative. No protests .:wing been filed against the improvement of Stockton_ Avenue as undertaken under Resolution of Intention No.62, the Board proceeded with the improvement by the adoption of Res- olution Ordering the Work No. 397 by the following vote:- 1 AYES: Trustees, Hale, Spooner, Hickok, Mettler, Shattuck. NOES: Trustees, Ione. ABSENT: Trustees, None. RESOLUTI 0 N NO. 3 9 7 Resoltiition Ordering the 'Work. • STOC::TON A7ENUE RESOLVED, that whereas the Board of Trustees of the City of Lodi, did on the 16th_ day of April, A.D.1923, pass its Resolution of Intention No. 62, to order the hereinafter described work to be done and improvement to be made in said City, which Resolution of Intention was duly and legally published as required by law, as -kappears from the affidavit of publication in The Lodi News made by Delmar B. Rinfret, now on file in the office of the City Clerk of said City of Lodi; and whereas, notices of the passage of said Resolution of Intention No 62, headed,-NOTIC_- OF I1L-ROVa: NT^ , were duly and legally posted along the line of said contemplated work and improvement and in front of all the property liable to be assessed therefore, and on each and every street and high•.uay in the assessment district described in said Resolution of Intention as appears from the affidavit of . Christesen who personally posted the same, and who, upon the completion of the posting of said notices , filed said affidavit in the office of the City Clerk, making oath that he completed the posting of said notices on the 23rd day of April, A.B.1923; and whereas, no protests or objections in writing or otherwise to the proposed work , or against the extent of the proposed district , have been delivered to, or presented to , or filed with the Clerk of this Board of Trustees of the said City of Lodi, up to tUe hour set for hearing protests as set forth in said Resolution of Intention, and this Board of Trus- tees having now acquired jurisdiction to order the proposed improve- mentm it is hereby, - RESOLVED, that the public interest and converience require the work :herein described and the Board of Trustees of the City of Lodi hereby order the following work to be done and improvement to be made in said City, to -wit: - All of said work shall be done in accordance with the plans and specifications heretofore adopted for doing said work and now on file in the office of the City Clerk, and where certain work proposed { to be done on the respective streets,venues and highvays aforement- ioned, is described as being between certain lines, it includes the doing of all such work upon the street intersections and terminations between the lines, unless otherwise shown on the plans, providing, however, that any duplication in such description may be ignored. Attention is also called to the Warrenite License Mixture Agreement for California, executed b, Warren Brothers Company, Feb- ruary 19,1923, the owner and holder of the patents and processes covering the said Warrenite pavement, which agreec:ent is on file in the office of the City Clerk and is hereby express;y referred to for great- er certainty, And, whereas, said contemplated work and improvement, in the opinion of the Board of Trustees, is of more than ordinary public benefit, said Board hereby makes the expense of said work or improv- ement chargeable upon a district, which district said Board hereby declares to be the district benefitXed by said work and improve- ment, and to be assessed to pay the cost and expense thereof; which said district is bounded and described as follows;- 455 ±'rovided,nevertheless, that the streets, arenues and alleys situate within said districts, shall be omitted from any assessment made or levied for paying the costs and expenses of the above men- tioned work and improvement, the said streets, avenues and alleys belonging to said City and being in use as public streets, avenues and alleys. • years tram the 2nd day This Resolution is ad opted pursuant to the provisions of those certain Acts of the Legislature of the State of bhlifornia des- ignared respectively as the "Improvement Act of 1911" and the "Imp rovement Bond Act of 1915" and Acts Amendatory thereto. The City Clerk is hereby directed to post a notice of said work together with the plans and specifications therefor, conspicuously for five days on or near the council chamber door, inviting sealed proposals or bids for doing the work ordered. He is also directed to publish three times a notice inviting such proposals, and referring to the specifications posted -or on file, in The Lodi News, a tri -weekly newspaper published and circulated in said City of Lodi and hereby designated for that purpose. ....................:.:0:.......:..........:: .. ....... .. ....... . .......... Resolution No. 398 in the matter of the issuance of bonds to defray the coat of the sewage disposal plant was then passed and adopt adopteLL, i� RESOLUTION ITO. 3 9 8, A R -"SOLUTION PROVIDING a OR THE ISSUANC LI"M REDrMOTION OF TH2 BONDS 0: TH2 CITY OF LODI, STATE OF C _!1FORNIA TO THE AIX"L ITT OF ONE hlJMR D THOUSAND DOLLARS, FOR THE AC ai; I S I TI ON COrS=RUCTI0I7 AUYD C0I'pLETION OF A CERTAIN I 111CI_AL L�ROV- E1,217T ROU? Sr_ID CITY, II7 _000RD.P1M ;iITH A1%D AS AUTHORIZM AT A SPECIAL ZI CTMN 2-: ?LD TUT S,ID CITY ON THE SIXTEENTH DAY OF JANUARY'.` A. D. 1.923. a special electien :.as held on the 16th day of January, ...D. 1923, in accordance with the provis_ons and recui re,:nents of Ordiran_ce ,o. 138, of said City, callinS, rroviding for, and giving notice of such election., reference to saic ordinance for further particulars beir.E here ode; a_-1, it nas been deteinined by a canvass of the revarns of -456 said election by Board of trustless ^f said City. made 1londa;, February 5, 'L.D. 1923, a:.' entered upo, th-e minutes of said Board, that at said sneci,al election toe incurring of a bonded indebtedness by said City :or rur?cse and to t. -.e a=ount stated in said Ord- inance No. 133 ;:ws authorized by affirmative vete of more tilan t ;o -thirds of x.11 t:_e voters votj'S thereat on ea i.4 roposition; 1TO7. Tii:M_OR:,, 3i; _- R1;301v3D. 7y the 3o_:rd of 'rustees of the City of Lodi, as follot;s: Section 1. gnat the bonds of 'the City of Lodi, State of Calif- ornia, :gill be issued in accordance with t e result of tine special election held in said City on the loth day of Tanual­j _.D. 1923, and in coTMpliarce ..Ith tae statutes of the State of Cwli;'ornia,and the ordinance of said City, to the amount of One Hundred 2housar_d Dollars (100,000) for tae purposes stated in s:.id Ordina,n.ce 1:o.133; that said bonds small be called, "Improve _e nt Bends," shall be one hundred in nu^ber, of the denomination of One Taousand Dollars 01000) each, and shall be numbered consecutively frcL_ orae to one hundred, both inclusive, and shall ::e sayable i'_= numerical order consecutively, co_:menoirig sitli L^e 10,�.,eat numbers i:, ranrwr .ollo;:in.-, that is to say: Five of s, --,.id bonds each -lean for t,,.enty consecutive years co enci-v_ June 1, 1924, and until _-i of said bonds s.ha.11 be paid. '.11 of said bonds issued as herein: rrovided shall bd of the for. and ct7aracter k:norn as 'Serial,.." ::ley shall be dated June 1, 1923, shall bear interest at the rate of five " er cent car annum, nay"ble se: -1 -annually on file first days of June and Dece_:ber of each year until the ... turity taereof; anal the "rincloal - nd interest -he- of s'riall be payable in gold C3iri Of the Unite,'Jtc:teS, at the office of the Treasurer of said City, or, at t"^_e option of the holder, at t_.a fiscal agency of siid City in the City of _;e- :'ork. Sec . Staid bonds s:ia:.l be signed b- the Presider.: of tine :3oard of _rustees cf said City, and by Treasurer thereof; they shall be countersi.Sned by tiia Clerk: of s=aiCity, and _he seal of said City sh._ll be a:hral af_ixed eeto. Said bonds shall be substantially in tine f o 1' i _0 :; ., g fo r:c : u1=31) STAT E3 0_ : •..^BICA ST."TG C!? C:LI CMTIA CiTv OF LODI I1:PRC11- 30:7D. X1000,00. =or value received, the City of Loci, a c?unicipal cor- nor^ tion organized and P---! sti^- Urd er tate 1:-i v:S of the State of aliforni ^:ereby ackrc•„_edges itself indebted and pro- ses to ray�to the bearer on the d ay o_' 19 One 'housan:i Dollars (?1,000), with interest thereon at the rats of five par cer.tu_. ,sr annum, payable semi-annually, on preseat.ation and surrender of tae coupons hereto attached as they respectively beeo:.-e due; both princi_..al and interest being payable in -old coin of the ' nited States at the office of :.:le _`"easurer of a.._d City, or, at fila o'7tion of t:e hold- er,j-:_a fiscal aEency of said City in the City "his bond is issued under and pursuant to the Constitu- tion and statutes of the State of California, and under and rursuant t, ordirunces a rooeedings of said City duly adopted and t2. -'-en and vote and assent of more than two-tairais of ill t -a ^_u..lifiei electors of said city voting at a spec- ial election duly ar."_, legally called a2:u '_held for t' aur^lose. It is hereby certi.ied, recited and dec'_ared that all :Cts, C0ndiLi0 ns _and _y irgs required by 1a.s! to a:cist rap pan _.. e a rfc r�ed ,race, - ..o an, in , _e issuance of t .. _.a bond :nave axisted, happened and been perfcr:.ad in due -1i"e, fors^ � and IYnar as renuired by !a,,%,, a_:d that t"he a__ount ofthis bond, to' -e --herr with all .^,t;erindebtedness of s=id city does not exceed any limit jorescribed by tle constitution or stat- utes of said state, andt.^tet provision '_ss been made as re- quired by the ..^ n. orstitutioand statutes of said state for the collection of _n annual t.x sufficient to cay tee inter- est on this bond as it falls du �:r also provision to eonsti- I u'.e _ s i �:in--- fund for - :a ayment 'ie �)rinc i; a 1 of bond on or befc_re ..._.ur:L ; re :al_ faith and credit of ...ai: city are _lerabv .;le-'-Jad for _.:e punctum .cyment of he -' _cipal at -.d d intercoft.._,. bond. I'.' ,:I_."- 3 :: .s'02 , ..._d City of Lod i, has cauaed t.. S bo -::d .., be exac.aed under its cornor ,.e se. 1, sim:e'd by t=ae 'dent of i-,. 3oard of -r:-staa�, _...'_' by its counter. -^ad by its Cler'�• anal :_:,s .uzed t..e interest :,u - ~ons hereto att c.iad to , sighed by its=re_�..surer. nd :;--,.is bond to be dated t --,le _—dni o_ _-` i9::>3. President of 3or.,.., of trustees �ounters iZned CitY Clerx: --- Citii :rezLssrar Sec. 3. Interest coucons shall be attached to each bond to the number of guise the number of ;Tears such bond will run until the *^wt:ir_ty Thereof, aril in th.e inDunt of t.en—...y-flve doliars,( 25,00) each, winich sizm will be the arount due for interest on such t.c nds for six :months. Such coucons shall be numbered from one ;c girds and each s.'•lall state the number of the bond tc„tic h it is attached. Such coupons spall be signed by ...^.e ire surer of s.`'..id City, by itis enr'v- ed or litho_•-raphed si�r�ture, a- be substantially in the folloirin for^ . FURL_ 0:? C LU O Or. 19 the City of Lodi , Ca lif- ornia, ::ill pay to the bearer at -he Office of t" --e 2reas- urer chi? Ci` � y or, at elle ow.:i on of tate holder, the 'i scat �;encyof ..ai -i Ci tT in t:.e City in ;old coin _- Iie J'nized ....'_: ye_J3_:{ .ins in- terest til_n due on its h:_rovemz:.t 3crd_•"o. , .._ted �ireasurer Sec.4. For the purpose of paying the rincipal and interest of said bonds, thie Board of :riustees of t:ia City of Lodi, shall at the Lime of"fixing the general tax levy an: in the manner for such Cene-al tar levy 7rovided, levy and collect for the fund hereinafter -rovided for,Jnually eaci. year, until said bonds are paid or until t:iere sh:.U!be a sum in ..._e trea.aury of said city, set :part for :hut pur- lose, sufficient to meet all sums bec=ing due for the principal and interest on said bonds a tax sufficient to pZy the annual interest on said bonds, and also such part of the _ri.cipal thereof as shall be- come due before t-ne time for fixing the next general tax levy. Said tax shall be in addition to all other taxes levied for municipal cur - poses, and shall be collected at the surae time and in the same manner as Other ^1u!:icical t .Xes are collected, a:-3 as collected shall be forthwith -ii i_.to ._e fund for ...lista t.'ie s_..._„ eras levied �_.d col- lecte . Such fund shall be deli; -..ted "Bond Interest and Bede= tion +ung 1923" and fll sums -.c.. c becc- due for the principal and inter- est on said b,rdc be n- mac: :rom such _..:d. Sec. b. l: ^.a Ireoide. vof ,.._ 3c�rx of trustees and the _reasurer are hereby auti?orized anddirected to fill in t_ -ie bl�_nk snaces in sai. bolds in accordance wlz.a glia resDlution and to sion:all said bonds o:: behalf of said city, --re.�.e ci ry lerk is authorized to count-r_-ign the S::_,ae and to affil. ,, he City's sea' til ere t0. Sec. 5. 2ha 3oa d of-rustees may cel'- sai., bends at such times and in such L�.^ is as i de and roc 0:.1'1 t '7 tc;'_".:i .. '.P. eedS �.^iSi'1g fro::: su--h ___le -.__1 be __ced in ,..:e _:.su^yn _o the cradi t of t:.e -...- rov _..._..t ;or_ ._ act _,.. - ur.� ”, mac:: fund io i.ereb;; cr- .te-i , and such 4-59 On ti o'^ustee Hale -�:_e -o d _.:jou^ned until __a.Y 1=, 19 3, a t a Iuur E, oIcIoc'. r. .