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HomeMy WebLinkAboutMinutes - July 1, 1918city Fall, Lodi, Cal., July 1, 1918. TheBoard of Trustees of the City of Lodi convened in regular ses- sion at 8 o'clock p.m., there being present Trustees Black, Fale, Keeney and 11tontnOnery. Trustee. Crose absent. - Yinutes of the adjourned meeting of June 29th were read and ap- proved. RESOLUTION NO. 18. WHEREAS, on the 19th day of June, 1918, the SUPERINTENDENT OF STPMTS of the City of Lodi, made and filed with the Clerk of this Board of Trustees a complete list of all assessments remaining unpaid upon the respective assessment or diagram numbers thereof, whereupon said Clark gave notice of the filing of said list, and in said notice set the 1st day of July, 1918, at the hour of 8 o'clock P.M. at the regular place of meeting of said Board of Trustees, towit, the Council Chamber of said Board of Trustees in the City Rall of said City of Lodi, as the time and place respectively when and where- interested persons might appear before said Board of Trustees and show cause why bonds should not be issued upon the security of the unpaid assessments shown on said.list; and, WHEREAS, said list so filed by the Superintendent of Streets of said City of Lodi is a list of unpaid assessments for the street im- provement work on that certain assessment district, which work and which assessment district, are set forth in Resolution of Intention No. 14 passed by the Board of Trustees of said City on Aug. 6, 1917, and which Resolution of Intention No. 14 is hereby referred to for further par- ticulars; which list of unpaid assessments was filed with the City Clerk of said City on the 19th day of June, 1918; and_ WHEREAS, since the filing by the said Super intender_t of Streets of the afore said list of unpaid assessments the following assessments ha have been fully paid to the proper officer, the Superintendent of Streets of the City of Lodi, towit: Assessments numbers 30 and 31; NOW, THEREFORE, BE IT RESOLVED; that the City Clerk be, and he is hereby authorized and directed to endorse said payments on said list of unpaid assessments, and to cause receipts therefor to be sort to the respective parties, by Clark & Hennery Construction Company, the con- tractors for said work. Trustee Keeney moved, seconded by Trustee Montgomery, the ad- option of the foregoing resolution No. 18 as read. The motion prevailed i by the following vote: Ayes: Trustees Keeney, Montgomery, Hale and Black. Noes: None. Absent: Trustee Crose. The City Clerks affidavit of posting and publication of Notice of Filing of Superintendent of Streets' list of unpaid assessments made under provisions of Resolution of Intention No. 14 having been filed and no protests having been presented, the following resolution relating to the issuance of street improvement bonds pursuant to the provisions of Resolution of Intention No. 14 was introduced: RE'SO=UTIOif NO. 19. Relating to issuance of Street Improvement Bonds under proceed- ings taken pursuant to Resolution of Intention No. 14 for the Improve- ment of gest Oak Street, and determining the amount of the unpaid As- seszmer_ts. IEE IT RESOLVED, by the Board of Trustees of the. City of Lodi as follows: WHEREAS, the Board of Trustees of the City of Lodi on the 6th day of August, 1917, adopted Resolution of Intention No. 14 for the Im- prove::ent of West Oak street, .from the eazt line of School street to the east line o: Utchirs street, in the City of Lodi, under and pursuant to the provisions of the Isprovement act of 1911, and amendments thereto, and to the resolutions, _notices and other proceedings of said City,duly adopted and taken, reference to said resolution of intention being hereby exmressly made for further particulars; and, WHEREAS, the contract for said work and improvement was duly awarded and the work to be done thereunder was thereafter duly completed to the satisfaction of the Superintendent of Streets of said City, and of this Board, whereupon a warrant, diagram and assessment were made, recorded and delivered to :he co^tractors in time, form and manner as required by said Act, and the contractor having made due return thereon and the same 'raving beer. duly recorded, and WIKEiiEAS, on the 19th day of Jane, 1918, the street Superintendent of said City made and filed ^*ith the Clerk of this Board a complete list of all assessments unpaid thereunder upon the respective assessment or diagram thereof, whereupon said Clerk gave notice of the filing of said list and fixed in said notice Monday, the 13t day of July, 1918, at the hour of E o$clock P.M. at the regular meeting place of said Board of Trustees, towit the Council Chambers of the Board of Trustees, in the City tali of said City of Lodi, as the time and place, respectively, when and where interested pars ons might appear before said Board of Trustees and shoe: cause why bonds should not be issued upon the security of the unpaid assessments shown on said list, said time being that of a regular meeting of said Baord; and WHEREAS, it satisfactorily appears from the affidavits produced that the Clerk of this Board has caused to be given due notice by post— ing and publication as required by law of the filing by the Superinten— dent of Streets of the list of all unpaid assessments made under said Resolution of Intention No. 14, of,saidCity; and WHEREAS, it has been found that since the filing of the afore— said list of unpaid assessments the following assessments have beer. fully paid to the proper officer of said City, towit: Assessments numbered 30 and 31, aggregating the total amount of $886.65, leaving a balance due on account of said unpaid assessments of $2686.95; and 7MREAS, no protests or objections were presented or filed against the issuance of bands, as aforesaid, before or at the time set for said nearing, and no particular cause having been recorded wky bonds sholald not be issued upon the security of said unpaid assessments, aggre— gating the total sum of $2.556.95, and it further appearing that said list of unpaid assessments filed by the Superintendent of Straets is in all respects complete and correct, excepting therefrom the assessments paid since the filing of the said list as hereinbefore set forth; BE IT RESOLVED: that said list of unpaid assessments as filed by the Superintendent of Stroets was in all respects complete and correct at the time of filing, and that since said time Assessments cumbered 30 and 31 have been paid, and the Board hereby finds and determines that the unpaid assessmento made pursuant to the proceedings taken under said Resolution of Intention No. 14, and the aggregate amount of the same, are as follows: Owner. Assessment No. Amount. Unknown 27 $288.98 Unknown 32 286.02 Unknown 41 367.87 Unknown 42 51.88 Ur:cnown 43 14.21 Unknown 45 415.00 Unknown 46 18.94 Urknown 67 457.62 Una own 71 457.62 Unk::own 72 228.81 Total unpaid assessments $2,586.95 The Board further finds and determines that the aggregate am- ount of said assessments unpaid is the sum of $2,586.95. Upon motion of Trustee Hale, seconded by Trustee Montgomery,the foregoing resolution No. 19, was adopted by the following vote: Ayes: Trustees Hale, Montgomery, Keeney and Black. - Noes; None. Absent: Trustee Crose. RESOLUTION NO. 20, - Providir_g For the Issuance of Improvement Bonds to Represent and Be Se— cured by Assessments Made For the Cost of the Work and Improve— ments rade In and Upon West Oak Street, from the East Line of School Street to the East Line of ?Hutchins Street, in the City of Lodi, California, and to Provide for the Sale Thereof. BE IT RESOLVED, by the Board of Trustees of the City of Lodi.. California, as follows: WHEREAS, this Board of Trustees by its Resolution of Intention No. 14, providing for the improvement of the roadway on west oak Street, from tj;e east line of School street to the east line of 11.utchins Street, determined that serial bonds to represent unpaid assessments and to bear Interest at the rate of seven per cent. per annum, would be issues there— under in the manner provided by the °Improvemen t Bond Act of 1915" and that the last installment of which bonds should mature nine (9) years from the 2d day of Tuly next succeeding nine months from their date, and N=-_ ES,the vrork to be done under said Resolution of Intention ;:o. 14 has been completed to the satisfaction of the Superintendent of Streets, and of the Board of Trustees; and the Superintende.lt of Streets on the 19th day of Tune, 1915, filed with the Clerk of the Board of 7.t"s- taes a completa list of all unpaid assessments made under said proceed- ings; and 7MRRAS, this Board of Trustees has this day found and determined that the aggregate amount of said unpaid assessments is the sum of i2 ,526.95 NOW, T E=ORE, BE IT RESOLVED, as follows: Street Improvement Bonds, to be issued pursuant to the provisions of t: e "Improvement Bond Act of 1915", evidancinj the aforesal3 indebt- edness, snall be issued to the aggregate amount of $2,566.95, and the number, deno-nination and charac ter of such bonds shall be as follows: Said bonds stall be dated tae 1st day of July, 1918, and shall be of tna character icnown as sQrials. One-tanth part of the total amount of the bonds evidencing said indebtedness shall be payable on the 2d day of .,"uly, , 1919, and a one—tenth part of said total indebtedness shall be payabla on the 2d day of July of each and every year thereafter to and including the 2d day of July, 1923. Said total indebtedness shall ae evidencea by Ten (10) bonds of the denomination of Two 3undred(%200) dol- lars each; and ten (10) bonds of the denomination of Fifty -Eight and 69,/100 458.69) dollars each. Ore of said bonds of the denomination of '�Wo :Undrad ($200) dollars and one of said bonds of the denomination of Fifty -Eight and 69/100 ($58.69) dollars shall mature an: be=payable on the 2d day of July, 1919, and a like number of bonds of each denomina- tion : espectively shall mature and be payable on the 2d day of July of each and every year thereafter to and imiuding the 2d clay of July, 1928. Said bonds shall be numbered one to twenty, both Inclusive, as follows : DATE'S OF SERIFS BOND PTTRABERS DENOMINATIONS MATURITY A-1 1 $200.00 July 2,1919 A-1 2 55.69 duly 2,1919 A-2 3 200.00 Tuly 2,1920 A-2 4. 55.69 July 2,1920 A-3 5 200.00 July 2,1921 A-3. 6 55.69 July 2,1921 A-4. 7 200.00 July 2,1922 A-'+ . 8 55.69 Tuly 2,1922 A-5, 9 200.00 July 2,1923 A-5. 10 58.69 July 2,1923 A-6 11 200.00 July 2,1924 A-6. 12 53.69 July 2,1924 A-7 13 200.00 July 2,1925 A-7 14 58.69 July 2,1925 A-8 15 200.00 July 2,1926 A-8 . 16 58.69 July 2,1926 A-9 17 200.00 My 2 ,1927 A-9 18 58.69 July 2,1927 A-10 19 200.00 July 2,1925 A-10 20 58.69 July 2,1925 Said bonds shall be in substantially the following form, towit: IMPROVEMENT BOND. City of Lodi. $ Series No. No. Under and by virtue of the act of the legislature of the State of California, entitled "An Act to provide for the issuance of improve- ment bonds to represent and be secured by said assessment made for the c cost cf said work and improvements made in and upon streets, avenues, lanes, alleys, courts, places and sidewalks within municipalities and upon property and rights of way owned by municipalities, to provide for the collection of such assessments, the sale of the property affected thereby and for the payment of the bonds so issued," the city of Lodi, (a municipal cprporation) will on the 2d day of July, 19 , out of the reder-ption fund for the, payment of the bonds issued upon -The assess- ments made for the worn upon and improvements on West Oak Street, in said City, more fully described in that certain Resolution of Inten- tion 3+o.—, passed by the Board of Trustees of said municipality on the day of , 19 Pay to bearer, the sum of dollars 7 ) wi H Interes t thereon from the day off"'--'- , 19 , at the rata of seven per cert per annum, alias is hereinalft specified, and at the office of the treasurer of said municipality. This bona is one of several annual series of bonds of like date, tenor and effect, but differing in a_mo nts and maturities, issued by said runicipality under said act for the purpose of providing means for pay- inZ for the work and improvements described in said Resolution of Inten- tion., and 13 secured by the moneys in said redemption fund and by the unpaid assessments made for the payment of said work, and, Including; principal and inter?st, is payable exclusively out of said fund. The interest is payable semi-annually, towit: on the second days of Tarua-ry and July in each year hereafter, upon presentation of the - proper coupons therefor; provided, that the first of said coupons is for the interest to the second day of January, 191_, and thereafter the in- terest coupons are for the semi-annual interest. This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ,ground that there is not sufficient moneys 1n said redemption fund with which to pay the same. If it is not presented at maturity interest thereon will run until maturity. This bond may be redeemed and paid in advance- of maturity upon the seconl day of July in any year by jiving the notice provided in said a --t. IN '?WITNESS vllaREOF, said City of Lodi has caused this bond to be signed by the treasurer of said City, and by its Clerk, and has caused Its Cler_c to affix thereto its Corporate Seal, all on the day of , 1913. Treasurer. C erlc. Said bonds shall bear interest at the rate of seven per cent. per annum, payable se -mi -annually on the second days of January and July of Tach year. And there shall be attached to each bond an interest coupon for each semi-annual payment of interest to become due thereon, and each coupon shall be in such an amount as to rel:ra3ent six months' interest on to bond to which it is attached, except that the coupon represent- ing t e interest due January 2nd, 1919, shall be for such an amount as may represent the interest on each of said bonds respectively, from the 1st day of July, 1918, to the 2nd day of January, 1919. Said coupons shall be numbered consecutively according to the order of their payment, and shall be substantially in the following form, tovit: n'.PROVM'U?iT BOND, CITY OF NODI. Coupon No. Bond No. $ On the 2d day of A.D.19 , the City of Lodi will pay to t_ie bearer hereof, at the of ice of the City Treasurer, in said Cite, Cou-ty of San Joaquin, State of California, the sum of $ , said sum being the semi-annual interest due on that date-, Seri alr?s no City 75,pasurer. The Treasurer and City Clerj are hereby authorized and directed to sign each and every one of said bonds, and the City Treasurer is hereat' authorized and directed to sign each and every one of the cou- pons attached to said bonds, provided, however, that t're City Treas- urer in signing said coupons may use and adopt his printed or litho- 0aphed 31gnature, in place of his signature by hard. Said bonds shall be issued in annual series, and the unpaid as- sessments as shown on said list filed by the Superintendent of Streets and determined by said Board of Trustees, together with interest thereon, shall remain and constitute a trust fund for the redemption and payment of said bonds and of the inter, -at which may be due thereon, which un- paid assessments shall be payable in annual series corresponding in rum - bar to t:1e number of series of bonds issued, and., an even annual pro— portion of each assessment shall be payable in each year preceding the date of maturity for each of the several series of bonds issued, and such proportion of each assessment coming due In. any year, together with the annual interest thereon shall be payable in installments as the beneral mi is=pal taxes of said City of Lodi on real property are payable, and shall become delinquent at the same time and in the same proportionate amounts and bear the sane proportionat-a penalties for delinquf! _7,Y. Sealed proposals for the purchase of said improvement bonds ;'/il_ b? received by said Clerk up to the hour of 8 O'cloc_. P., ., on w_ond.3y, :� 22d day of July, 1913, Bids :rust be for not less tcan par value of the bonds and ac- .1� cruel interest. The right is reserved to reject any or all bids. If a satisfactory bid be received, the successful bidder may be allowed ten days for examination of the proceedings authorizing the issue of said bonds, and may make 1,41s bid subject to the legality of said proceed- ings. Bids :oust be accompanied by certified check or cashier's check upon some responsible bank in the sum of ten ter cent of the par value of the amount of bonds bid for, such check to be rade payable to H.S. Clark, City Clerk. The City Clerk is hereby directed to advertise for bids for said bonds as herein provided by publishing notice inviting bids, once a week for two creeks in the official newspaper. Said notice shall be in sub- stantially the following form: Sealed bids for the purchase of street improvement bonds of the City of Lodi, in the County of Can Joaquin, State of California, willbe received by the undersigned City Clerk of said City of Lodi, up to 8 o'clock P.M. Monday, July 22d, 1918. Such bids shall be ad- dressed to the undersigned and must be for not less t'r_an par value of the bonds bid for, with accrued interest to date of delivery. The right Is reserved to reject any and all bids. The successful bidder will be allowed ten days Por examination of the proceedings, and bids may be made subject to the legality of the proceedings. Each bid must be accomnar od by a certified check or cashier's check upon some re- sponsible bank, in a sum equal to ter, per cent of the par value of tr_e bonds bid for. Said checks shall be made payable to the undersigned. Said issue of bonds aggregate the total sum of 42,586.95,bear- Ing, interest at the rate of seven per cent per annum, payable semi-an- nually on the 2nd days of January and Tuly of each year. Said bonds are of the following denominations: Ten of $200.00 each; and Ten of 858.69 each, and are dated ruly lst, 1918. Said bonds are of the character known as serials, and one bond of the par value of 8200.00 and one bond of the par value of 458.69 are payable annually from Tuly 2nd, 1919, to July 2nd, 1928, both inclusive, and are issued pursuant to the provisions of the street Improvement bond act of 1915, and pur- suant to proceedings taken by the Board of Trustees of the City of Lodi, under Resolution of Intention Yo. 1 L�. City Clerk. Upon motion of Trustee vale, seconded by Trustee Montgomery, the foregoing resolution No. 20, was adopted by the following vote: Ayes: Trustees Hale, Montgomery, Keeney and Black. Moes: None. Absent: Trustee Crose. Tne City Attorney was' directed to prepare a resolution appro- priating 1900 to the Lodi Library, to be payable in monthly Install - Tents of 75.00. ORDINANCE NO. 100, "An Ordinance Amending Section 2 of Ordinance No. 38, as Amended by Ordinances Nos. 99 and 92," having been introduced Tune 24th and laid on the table for not less than five days, coming up for final read- ing, .ras upon motion of Trustee Keeney, seconded by Trustee Uontgomery, adopted by the following vote: Ayes: Trustees Keeney, Montgomery, Hale and Black. Noes: Nome. Absent: Trustee Cross. ORDINANCE NO. 101, "An Ordinance Pertaining to and Providing for Limiting and Reg- ulating the Selling, Furnishing, Serving or Giving Away or in any Man- ner Disposing of, Either Directly or Indirectly, of any Spirituous, Vinous, .salt, Mixed, Fermented, Distilled, Alcoholic or Any Irtoxieat- ing Liquors within the Corporate Limits of the City of Lodi, and Re- pealing All Parts of Ordinances in Conflict Herewith, and -Providing al a Penty for any Violation of this Ordinar-ce,I ;..gas read and intro- duced for passage and upon motion was laid upon the table for not less than five days. J. E. Bishop was granted permission to move and remodel a build- ing on the north I of lots 3 and q in block S. City of Lodi. The City Uarshal's report for the month of June was read and ordered filed. Sylvester G. icGlothlenla subdivision of the east one-half of block 9 of the Lodi Barnha-t Tract was upon motion of Trustee Keeney, aecondad by Trustee Montgomery, approved, and the President of the Board and the city Clerk were authoriz?d to sign the necessary certi- ficates. Upon motion regularly rrade, seconded and carried, the Board adjournd to meet again at 8 o'clock ?.}S. Monday, July Sth, 191.3. �V city Cleric.