HomeMy WebLinkAboutMinutes - October 1, 1923CITY OF LODI - CITY HALL,
Monday, October 1st., 1923;
The regular meeting of the Board of Trustees of the
City of Lodi for the first Monday in October was called to order
by President Shattuck at 8 o'clock P.M. on the date and at the
place first above written; Trustees Hale,Hickok,Mettler,Spooner,
and Shattuck present.
The minutes of the adjourned meetings of September 11th.
and 12th were read and approved, likewise the minutes of the reg-
ular meeting of September 17th - 1923;
The Clerk read a numerously signed petition against the
use of the City Park for an auto camp ground and the same was sup-
ported by addresses from Mr E.L.Weaver, W. J. Robinson & W. Sieg-
alkoff. The President of the Board, on behalf of the members pres-
ent assured the petitioners that the matter was to be consider-
ed as dropped from now on.
In the matter of the opening of Hutchins Street as under-
taken under Resolution of Intention No; 64: -
Attorney E.F.Goodrum assured the Board that the parties
represented by himself would be open to any proposition that would
be reasonable and hoped that the street could be opened up by a
voluntary assessment. On motion of Trustee Spooner, Resolution
No. 424, "Resolution Overruling Alleged Objections to Work and
Improvement Linder Resolution of Intention No. 64" was introduced
for adoption but the passage of Resolution Ordering the Work wa s
deferred to October 8th following; the motion unanimously carried
and Resolution No; 424 was passed and adopted by the following
Vote: -
AYES: Trustees, Hale,Hickok,Mettler,Spooner,Shattuck.
NOES: Trustees, None ABSENT: Trustees, None;
( Note:- a true copy of said resolution appears on page
23 following these minutes.)
On motion of Trustee Spooner, seconded by Trustee Hickok,
bills amounting to $16,320.22 were allowed and ordered paid.
Six building permits totalling $8,175 were granted
In the matter of the purchase of lots 7 and 8 in Block
3, rokelumne from H.E.Welch and Wife:- yxecution of a contract
eoual
to purchase the sane for SS18,830.00 payable in two/installments
one prior to December lst,1923 , the other prior to Dec ember
(min of Oct 1- cont )
23
lst.,1924 was authorized by resolution passed and adopted by the
following vote: -
AYES: Trustees, Hale,Hickok Mettler,S ooner Shattuck.
NOES: Trustees, None ABSER : Trus ees, Done;
(Note: a true copy of the above mentioned Resolution with
copy of contract is set forth' -at Page 24 et seq of these
minutes)
On motion of Trustee Hale, the Board adjourned until eight
o'clock P.M. of October 8th.,1923.
Attest: -
The minutes of the Regular
Meeting of the Board of Trustees
for October 1 1923 as above set
r
City Clark.
forth were approved without correction d
at an adjourned meeting of said Board
held October 8-1 23.
President oard of Tru ees.
October 923;
RESOLUTION NO. 424
�MREAS� on the 18th da of June,1923,the Board of Trustees
and City Council of the City or Lodi, San Joaquin County, Califor-
nia, duly passed and adopted Resolution of Intention No: 64; and
whereas notices of the passage of said Resolution have been given
posted and published in all respects as required by law and in alb
respects as required by said Resolution of Intention, and whereas,
on August 8th.,1923, more than 10 nays after the expiration of the
time of publication of said notices, one Martha Lind filed with
the Cleric of said Board her alleged written objections to the
work and improvements mentioned in said Resolution of Intention
and to all matters therein contained; and whereas no writtenobject-
ions and no objections whatever has been made within ten daysa ter
the expiration of the time of publication of said notices, which
time of publication expired on July 27th;1923; and whereas said
Board of Trustees did on September 17th 1923 and without waiving
the fact that said objections of said Martha Lind were not filed,,;
within the time allowed b= law, fix a time, to -wit, October 1st:,
1923; at 8.30 o'clock in the afternoon for hearing said ob'ections;
and whereas the said City Clerk thereupon notified the saii Martha
Lind of the time fixed for hearing her alleged objections, by
depositing a notice thereof in the Posto.'fice in said City, with
postage pre -paid, addressed to said objectioner; and said alleged
objections corning on duly to be heard at the time specified in
said notice, to -wit, at 8.30 o'clock in the afternoon on October
lst.,1923; and said Board having fully heard the same and all evid-
ence and matters submitted in support thereof;
BE IT RESOLVED; that said alleged objections of said Martha
Lind and the whole thereof are withoA merit and said alleged
objections are hereby overruled.
BE IT FURTHER RESOLVED that although the said Board of
Trustees has heard and decided said alleged objections upon their
,erits, said Board and City Council has not and does not waive
ce fact that said alleged objections of said Martha Lind were
not filed within the time allowed by law.
`4
RESO ZTION
RESOLVED , by the Board of Trustees of the City of Lodi, San
Joaquin County, California, that said City of Lodi shall purchase
and contract to purchase, from Hilliard E. Welch and Ruby G. Welch,
his wife, the real property described in the contract, a copy of
which is hereunto annexed, marked "A" and made a part hereof, at
the price and upon the terms, stipulations and conditions therin
set out, and that the Mayor and City Clerk of said City of Lodi
are hereby directed to sign and execute said contract for and on
behalf of said City of Lodi;
BE IT FURTHER RESOLVED: that, out of the general fund of
said City of Lodi, there is hereby appropriated and set aside
into a special fund which is hereby created, the sum of Nine
Thousand Four Hundred and Fifteen Dollars,($9,415.00) for the
purpose of paying the first installment of the purchase price of
said real property due on or before December 1st „ 1923, and the
Mayor, City Clerk and City 'Treasurer, and each of them, are hereby
authorized and directed to pay the first installment of purchase
price for said real property to Hilliard E. Welch on or before
December 1st „ 1923;
---------- 000 ----------
"A"
THIS COPITRACr made and entered into this 1st day of Oct-
ober, 1923 by and between Hilliard E. Welch and Ruby G. Welch,
his wife doth of Lodi, San Joaquin County California, parties of
the firsi part and the C PY Or LODI a municipal corporation, of
the County of Sian Joaquin, State of �a.lifornia, party of the
second part;
ITNE3ZETH :
to
That the parties of the first part agree to sell/the party.
of the second part and party of the second rt agrees to buy all
that certain real property situated in the zty of Lodi, County
of San Joaquin, State of California, -and described as follows,
to mit:
Lots numbered Seven (7) and Eight (8) in Block Num-
bered Three (3) of the City of Lodi as said lots and Block
are delineated and so designatedupon.the official m p ent-
itled "MOKELUME" filed 4u 4st 25th 1869 in the office of
the County Recorder of the County of San Joaquin, State of
Cal if ornia.
in consideration whereof the party of the second part agrees
U? ay to said HilliardE. Welch the sum of Eighteen Thousand
EiN t Hundred Thirty (18,830.00) Dollars, pa able at the times
axi in the manner followinngg that is to say, Nine Thousand Four
Hundred Fifteen, ($9,415.00 Dollars on or before December 1st
1923, and the balance, to -wit, the sum of Nine Thousand Four Hun-
dred Fifteen,($9,415.00) Dollars on or before December lst,1924,
without interest, the pgr
parties of the first part agree that upon
the payment of said purchase price in full, they will execute and
deliver to the party of the second part a good and sufficient
deed of grant, bargain and sale conveying said land to the party
CIE the second part free of all liens and encumbrances, except
such taxes as the party of the second part herein agrees toy;
and the parties of the first part further agree that at the ime
of del, of said deep} they will furnish to said party of the
second an unlimited certificate of title from a reliable
abstr and title compananyy showing� the title in said lands to
he vested in said Hilliara E. Welch free of all liens and en-
cumbrances except taxes which are herein agreed to be paid by the
party of the second part.
It is understood and agreed that upon the payment of
said first installment of the purchase price the party of the
second part shall be entitled to enter into possession of said
I eal propertyand thereafter to retain possession thereof, dur-
ing the Life of this contract; and it is further agreed that
that the parties of the first part will pay all State, Countyy
and ihmicipal taxes which are now a lien on said laud includ-
ing both installments of taxes for theasr 1923, it being under-
stood and agreed that all taxes thereafter to become a lien
upon said property shall be paid by said party of the second
ppart. It is further understood and agreed that if the party of
the second part shall fail to payy any installment of aaid pur-
chase price within thirty days after the same may become due,
hereunder, then the parties of the First part may at their
option terminate this contract, reenter into possession of
said land, and be relieved -of all obligations in law and
equity to convey the some retaining 21 moneys theretofore
'aid hereunder as liquidated damages for the nonfulfillment
fiereof.by the party of the second part;
It is further understood and agreed that the parties
of the first part shall not be liable to make any repairs upon
the residence house or improvements now situated on said land,
but any repairs that may be made, shall be at the expense of
the party of the second part.
It is further understood and agreed that the owners
of.said lot Eight (8 are the holders of an insurance policy
insuring thein against loss by fire of the residence house upon
said lot 8, and it is agreed that, in case of loss or damage=
and the payment of any moneys pursuant to said insurance policy
or otherwise b reason of such to s or damage by fire to the
owners of said Lot Numbered Eight (8), or to the parties of
the first part, or either.-.of=them, the amount of money so paid-
shall
aidshall apply upon the next installment of putchase price there-
after to fall due upon this contract.
A 1lITNESS SOF said parties have entered into
this contract in duplicate tie day and rear first above written,
uursuant to resolution of the Board of Trustees of said City of.
Lodi this day duly passed and adopted.
(Signed) Hilliard E. Welch
(Signed) Ruby G. "Welch
CITY OF LODI
by (Syms) J. W. Shadtuck
-" Yayor
-(Sinned) - - J_ F. BLA�'LY
Citye�—