HomeMy WebLinkAboutMinutes - June 9, 1919City Hall, Lodi, Cal., Tune 9, 1919.
In regular adjourned session of the 3oard of Trustees of the City
of Lodi held this date there were present Trustees Black, Hale, Crose,
Montgomery and Morehead.
Minutes of the previous meeting were read and approved.
The following building permits were granted:
0. A. Schroeder, private garage, 601 West Elm St.
H. W. Walker, poultry house, 225 Lancaster Court.
In response to call for bids of May 24th for furnishing S.G.V.
and cement Pipe for storm sewers proposals were received from Gladding,
McBean c Co., for S.G.V. pipe and W.H.Graham & Co., and E. Spiekerman
for cement pipe. After canvassing the bids Trustee Montgomery moved,
seconded by Trustee Morehead, that all bids be rejected except those
of W. H. Graham 4 Co., and Ed Spiekerman, for 2.0 and 12U concrete pipe
laid, in such quantities as necessary, and at the prices r,amad in
their proposals, one-half the total amount to be awarded to each con-
tractor. The motion was adopted by unanimous vote of the Board.
The following resolution was introduced by Trustee Montgom-
RESOLUTION N0. 48.
RESOLVED, that on all street work in the City of Lodi, for
which contracts are let by this Board of Trustees, that the fee of the
City Engineer be, and is hereby fixed at one per cent. (1*) of the
respective contract prices.
Upon motion of Trustee Montgomery, seconded by Trustee Crose,
the foregoing resolution fixing engineering fees on street work was
adopted by unanimous vote of the Board.
ery:
RESOLUTION N0. 49.
WHEREAS, a contract has been made by the National Septic Pro-
cess Protective League and the Cameron Septic Tank Company whereby a
full release may be secured from arty and all claims of infringement,
damages, profits, or otherwise, from the Cameron Company against the
city of Lodi, upon the payment of a nominal fee: and
WHEREAS, while the validity of Such claims of the Cameron
Company are very doubtful and are not now recognized, yet as a busi-
ness proposition and for the purpose of saving the tax -payers money
it is better to pay a -nominal fee than to contest the claims; now
therefore, be it
RESOLVED, that for the purpose of settling all claims of the
Cameron Company the Clerk be instructed to issue a warrant in the sum
of FIFr ,NT (15) DOLLARS, payable to the Nationao Septic Process Pro-
tective League,, and that such warrant be at once mailed to the Secre-
tary of such League with instructions to deliver the same to The Cam-
eron Septic Tank Company upon receiving from said Cameron Company a
full release, as above mentioned.
The foregoing resolution No. +.9 was upon motion of Trustee
Hale, seconded by Trustee Montgomery, adopted by the affirmative votes
of all members of the Board.
The time for herring protests in the matter of the proposed
improvement of Lodi Avenue having been continued for further hearing
at this meeting, the matter was discussed with Attorney A. L. Levins14r
for Protestants, after which the following resolution was introduced
by Trustee Crose:
RESOLUTION OVERRULING PROTEST.
WHEREAS, the Board of Trustees of the City of Lodi, did on the
12th day of May, A.D.1919, pass its resolution of intention No. 20, to
order certain street work to bed.one and improvements to be made in
said city, under and in pursuance of the "Improvement Act of 1911",
the names of the streets and highways proposed to be improved and the
location and character of said proposed work being described in said
Resolution of Intention, whict is hereby expressly referred to for
further particulars, and
WHEREAS,certain owners of property liable to be assessed for
said w:Jr 1z made written protest or objections in writing and delivered
the same -to the Clerk not later than the hour set for hearing such ob—
jection;, to—wit,— 8 o'clock P. M. on Monday tie 2nd day of Tane,A.D,
1919, and
4,'RERFAS, the consideration of said protests and the matter of
ordering said proposed work set forth in said Resolution of Intention.,
;here regularly postponed and continued until this 9th day of :une,A.D.
1919, at"the hour of 8 o'clock P.M. a.:d said matters coming on regu—
lariy to be heard, the Board of Trustees proceeded to hear the same,
ar_d all of said protests or objections, Laving been duly heard and
considered, and said Board being required to pass upon the -same, it
is herevy,—
RESO-Mr, , by the Board of Trustees of the City of Lodi, that a
all of the said protests and objections against said proposed work or
improvement be, and the same are hereby overruled and denied.
RESOLVED, further, that said Board finds that said protests
are rude by the owners of less than one—half of the area of the prop—
erty to be assessed for said improvements.
Trustee Crose moved, secol.ded by Trustee Morehead, the adopt—
ion of the foregoing resolution as read, Wflieh motion was abpted by
the following vote:
Ayes: Trustees Crose, Morehead, Montgomery, Hale and Black.
Noes; Prone.
Absent: None.
RESOLUTION ORDERING THE WORK.
RESOLVED,.that whereas the Board of Trustees of the City of
Lodi, did on the 12th day of Lay, A.D.1919, pass its Resolution of In—
tention_ .,o. 20 to order the hereinafter described work to be done and
improvement to be mdde in said City, which Resolution of Intention
was duly and legally published as required by law, as appears from the
affidavit of publication in THE LODI SENTINEL, made by C. E. PERCIVAL,
now on file in the office of the City Clerk of said City of Lodi;ard
WHEREAS, notices of the passage of said Resolution of Inten—
tion No. 20, headed aNOTICE OF IMPROVEUENT° were duly and legally
posted along the line of said contemplated work and improvemer:t and
in front of all the property liable to be assessed therefor, and on
each and every street and highway iIl the assessment district described
In said resolution of Intention, in time, form, manner and number
as required by law, after the passage of said Resolution of Intention,
as appears from the affidavit of H. B. COLEMAN, who personally posted
the same, and who, upon the completion of the posting of said notices,
filed said affidavit in the office of said City Clerk, caking cath
that he completed the posting of said notices on the 20th day of May,
A. D. 192.9; and
WHEREAS, all protests or objections presented have been dis—
posed of in time, form and manner as required by law, the Board of
Trustees having found that said protests were made by the owners of
less t2:an one—half of the area of the property to be assessed for
said improvements, and said Board having now acquired jurisdiction
to order the proposed improvemel:t, it is hereby,—
RESOLVED, that the public interest and convenience 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;—
rna1 , avenue, 1n a n U117, (2) By constructing hydraulic con- curbs on each of the intersections of
from the East line of In Street crate curbs and gutters of the com, said Lodi Avenue with all streets and
to a line 247.5 feet East of and paral- bined type along each side oL the avenues Intersecting the same and
lel to the West line of Sacramento roadway of said Lodi Avenue. terminating there'!n.
Street; and from a line 234.5 feet'. (3) By paving the roadway of said EXCEPTING.- however, from all of
West of and parallel to the East line, LodiAvenue, between the gutter the herein -above described work such
of Main Street, to the City Limits on lines, with a pavement consisting of portion as is required by law to be
the East, being the West line of one and one-half (1%) inches of War- kept in order or repair by any person
Cherokee Lane, i renite Wearing Surface, laid on an or company having railroad tracks
BE IMPROVED: asphaltic concrete base two and one- thereon; and excepting also from all
(1) By grading the roadway and i half (oil) inches in thickness_ of the hereinabove described work
curb and gutter spaces of said Lodi (4) By constructing sidewalk ap- any of said work already done to the
Avenue.Avenn
oroaches to each of the East and West official grade.
All of said work shall be done in accordance with the plans
and specifications heretofore adopted for doing sail work and now on
file in the office of the City Clerk, and where certain work pro—
posed to be done on the respective streets, avenues and highways
aforementioned is described as being between certain lines, it in—
clu3ea the doing of all such work upon the street intersections and
terminations between such lines, ILIless otherwise shown on the plans;
providing, however, that ary duplication in such description shall be
Ignored.
Attertion is also called to the 'rarrenite License Mixture
Ag:l7eement for California, executed by warren Brothers Comparq, March
3, -919, the owner and holder of the patents and processes covering
the said Warrerite pavement, which ae;reemer.t is on file in the office
of the City Clerk, a__d is hereby expressly referred to for greater
certainty.
And, whereas, said contemplated work and improvement, in the
opinion of the Bodrd of Trustees, is of r:ore than local or ordinary
public bebeilt, saic Board -rereby bakes the axpersa of said work or
improvement chargeable upon a district, which district said Board
— hereby declares to be the district benefited by sai- work and Improve-
ment, and +o be assessed to pay the cost and experses thereof; which
said district is bounded and d-�scribed as f:;llows:
Commencing at a point on the east corner of Lot Four (4), Block "A," of -of Lot Twelve (12) in said Block Your
line of Hutchins Street 340 teat north said LODI BARNHART TRACT; (4); thence westerly along the north
of its intersection with the north line thence westerly along the north line ! line of the last named lot to the ro-
of Lodi Avenue; running thence east- of the last named lot and its westerly tersection of its production with the
erly to a point on the east line of production to the northeast corner of i east line of South Church Street;
Cherokee Street, 111 feet north of the Lot Four (4), Larson's Addition to thence westerly to the northeast ear -
north line of Lodi Avenue; thence on j Lod(, as per map thereof, on file in ner of Lot Four (4). Block Four (4),
a line 111 feet north of, and parallel the office of the County Recorder of of Sturla's Addition to Lodi, as per
to the north line of Lodi Avenue to s said County of San Joaquin; thence 1 map thereof on file in the office of the
point on the west line of Cherokee northwesterly along the north line City Clerk, of said City of Lodi; con.
Lane; said west line being the City of the last named lot to its intersec- j tinning thence in the same westerly
Limits on the east: thence south and 'j tion with tha east line of South Sac- direction along the north line of Lots
along the last named line to a point on j.ramento Street; thence westerly to Four (4) and Seven (7) to the inter -
the same, 140 feet South of the south the southeast corner of Lot Six (6), section of its production, with the
line of Lodi Avenue: thence westerly Block One (1) of Hutchins Add(tton 1 east line of Hutchins Street; thence
along the north line of the alley run- j to Lodi, as per map of said Addition, north and along said , east line of
ning east and west between Hilborn ( on file in the office of the County Re. Hutchins Street to the point of be -
Street and Lodi Avenue to its later- I corder, of said County of San Joaquin; ginning,
section with the east line of Stock. j thence westerly along the north line PROVIDED, nevertheless, that the
ton Avenue; thence southwesterlyAo :j of the alley running east and west 1 streets, avenues and alleys situate
the northeast corner of Lot Seven (7), through the last named block to its I within said district shall be omitted
Block "B;' according to the official intersection with the east tine of from any assessment made or levied
map of the LODI BARNHART School Street; thence southwesterly _ for paoiag the_ costa and ezpenses _ of
TRACT, filed for record November to the northeast corner of Lot Four the above mentioned work and Im-
5th, 1906, at 3:05 P. 1^I. in the office j (4) in Block Four (4), of said Hutch- i provement, the said streets, avenues
of the County Recorder of the said j ins Addition to Lodi; thence north- and alleys belonging to said city, and
County of San Joaquin: thence west- westerly along the north line of said being in use for the performance of a
erly along the north line of said Lot lot to its northwest corner; thence I public function, to -wit, in use as pub-
_Seeen..(7)__Drodaced to the -northeast southwesterly to the northeast corner lic streets, avenues and alleys,
And it is further ordered and notice is hereby glven.that ser=
tal bonds to represent unpaid assessments, and bear interest at the
rate of seven per cent (7�) per annum, will be issued 'hereunder in
the manlier provided by the Improvement Bond Act of 1915, and Acts
amendatory thereto, the last Installment of which bonds shall mature
nine years from the 2nd day of July next succeeding rine months from
their date.
This resolution is adopted pursuant to the provisions of those
certain Acts of the Legislature of the State of Calirornia, designated
respectively as the wImprovement Act of 1911°, and the "Inprovemert
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 Cha:aber door, inviting sealed propos-
als or bids for doing the work ordered. He is also directed to publish
three times a notice inciting such proposals, and referring to the
speciricatiors posted or on file, in THE LODI SMTTINEL, a tri weekly
I
ewspaper published and circulated in said City of Lodi, and hereby
desigmted for that purpose, said paper being the official newspaper
of the said City of Lodi.
Upon -motion of Trustee u3ntgomery, , seconded by Trustee More-
head, the foregoing Resolution Ordereing the work was adopted by the
following votet
Ayes: Trustees yontoomery, Yorer_ead, Crose, Hale and Black.
Noes; None.
Absent: &or:e.
Trustee Cross Moved, seconded by Trustee Mcntoomery, that the
action of the Superintendent of Public Utilities in raising the wa.oes
or laborers on the ditch for storm sewers to 63.50 per day be rati-
fied and, approved. The motion was adopted by unanimous vote of the
Board.
Miscellaneous bills amounting to $3+ 60.88, having been aud-
ited by the finance committee were allowed and ordered paid.
RESOLUTION OF
INTENTION NO. 23
RESOLVED, By the Board of Trus-
tees of the City of Lodi: -
That it is the.. Intention of said
Board to modfiy, change, establish and
re-establish the grades, of certain
streets and_ &Venues in said city, In
the manner following, to -wit: To
change, modify, establish and re-estab-
lish official ades on the following
streets, via:
On School Street from the South
line of Oak Street to the City Limits
on the South.
So that such grades and the eleva-
tfons In feet and fractions of feet
above city base of levels at the points
hereinafter mentioned, shalt be as
follows:
At the respective points of Intersec-
tion of the Eastern and Western
lines of School Street, as hereinafter
fixed and specified, with the herein-
after mentioned lines of intersecting
streets, the curb grade and elevation
shall be as follows:
With the South line of Oak Street,
Curb 47.20.
With the North line of Walnut
Street, Curb 47.52.
With the South line of Walnut
Street, Curb 47.5.2.
With the North line of Lodi Ave-
nue, Curb 46.35.
With the South line of Lodi Ave-
nue, Curb 46.85.
With the North line of Chestnut
Street, Curb 47.18.
With the South line of Chestnut
Street, Curb 47.13.
With the North line of Spruce
Street. Curb 44.70.
With the South line of Spruce
Street. Curb 44.70.
With the City Limits line on the
South, Curb 45.33.
The grade and elevation of the gut-
ter adjacent to the curb al the several,
andrespective points above men-
tioned shall be eight -twelfths (8-12)
of one toot below the curb grade and
elevation severally and respectively
specified as above.
The figures above shown are eleva-
tions in feet and fractions of feet and
such elevations and the grades herein
referred to have reference to the
height above the "lase of levels or
elevations" for the City of LOU., which
base is a level plane :ay Ijet below
the center line of a certain aluminum
tablet placed in the West wall of the
Van Buskirk Building, near its North-
west corner, which building is situate
at the Southeast corner of Pine and
School Streets in said City of Lodi,
and which tablet is marked "li. S.
Geological Survey B. M.;' and which
"base of levels or elevations" was es-
tablished and determined, and is
further defined, to and by Sec. b of
Ordinance No. 67 of said City of Lodi.
The grade of the respective curbs
and gutters on each side of said
School Street, shall be uniform be-
tween consecutive points at which ele.
vations are, or are to be fixed, as
above mentioned,
Where a street or avenue upon
which a gutter grade has been herein
fixed, intersects with another street
"r avenue, any gutter leading from
one such street or avenue into the
other street or avenue shall lie on a
uniform grade running from the near.
est point in the street or avenue at
which an elevation Is herein fixed for
such gutter to the nearest point on,
the other street or avenue at which an
elevation has been heretofore fixed
for the gutter joining same.
Curb grades have reference to the
elevations of the top of curb at its
outer line, assuming the curb to have
sharp corners.
Gutter grades have reference to the
lowest flow line of the water way, 1n
the gutter.
Curb lines are hereby fixed and es-
tablished as hereinafter set forth, and
the elevations and grades above speci-
fied have reference to the elevations
and grade of curbs upon the lines so
fixed.
On School Street from the South
line of Oak Street to the City Limits
on the South. curb -lines are hereov
fixed, and shall be distant respective.
ly, fifteen (15) feet from the Easterly
and Westerly division lines between
said.street and the • blocks or lots
abutting respectively thereon.
Upon street crossings and opposite
the terminations of intersecting
ett'eets, the intersecting curbs at
street corners shall be orolon;ed and
be connected on a curve having a
radius of eight (8) teet, with radial
_center tying between the curb line
and such division lines, and such pro-
longation and curb shall constitute
the curb return.
Where a curb line herein Is estab-
lished at a certain distance from a di-
vision line between a street and the
lots and blocks abutting thereon, such
distance is to be taken on the side
of Much division line towards the cen-
ter of the street.
A curb return is hereby defined to
be that portion of a curb which ex.
tends,around a street coater and con-
nects the curb on one street with the
nearest adjacent curb In an Intersect-
ing street. where an elevation Se es-
tablished as above at the intersection
of the curb line with a street line, be.
Ing one end of such a curb return
such elevation shall be the elevation
for the other end o1 the curb return
at the intersection of the side line
of the street with the curb line of the
interesecting street, and such elevation
shall also prevail throughout the curb
return.
Gutters shall be adjacent to and on
the roadway side of the curb, except.
Ing across alleys, where they will be
produced across the alleys.
Grades and elevations shall be
changed from any other or different
official grade or elevation now exist-
ing to the new and official grade
fixed, modified, established and re-
established, as In and by this Resolu.
tion set forth and specified.
All of the herein proposed work and
changes of grade shall be done in pur.
suance of an Act of the Legislature of
the State of California, entitled "An
Act to Provide for Changing or ilodl-
tying the Grade of Public Streets.
Lanes. Alleys. Courts, or other places
within Municipalities." approved April
21. 1909.
"The Lodi Sentinel." a tri -weekly
newspaper published and circulated
In said city, is hereby designated as
the newspaper In which this Resolu-
tion of Intention and the Street Super-
intendent's notice of the passage
thereof shall be published.
The City Clerk of said City is here-
by directed to publish this Resolution
by four successive Insertions in said
newspaper, and to post the same for
two days consecutively on or near the
Council Chamber door of this Board -
The Superintendent of Streets of
said City is hereby ordered and direct.
ed thereupon to cause to be consplen.
ously posted in the manner and form
required by said law, notice of the -
passage of this Reaolutlon. and to
cause a notice similar to substance to
be published by six insertions in said
newspaper in the manner required by
law.
I hereby certify that the foregoing
Resolution was adopted by the Board
of Trustees of the City of Lodi, at a
regular adjourned meeting of said
Board, duly held on the 9th day of
June, A. D- 1919, by the following
vote:
Ayes—Trustees Hale, Crose, Mont-
gomery. Morehead and Black.
Noes—None.
Absent—None.
Attest: H. S. CLARK.
City Clerk of the City of Lodi.
Approved this 9th day of June,
A. D. 1919.
C. A. BLACK,
President of the Board of Trustees of
the City of Lodi. 6-19
Trustee Crose moved, secondea by Trustee Hale, the adoption
of the foregoing Resolution NO. 23 as read, which motion was carried
by the vote as above printed.
No further business appearing the Board aidiourned.
Att,eat:
City Clerk.