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HomeMy WebLinkAboutOrdinances - No. 251ORDINANCE NO. 251 AN ORDINANCE APPROVING THE ANNEXATION OF "BECIQ'i ADDITION" WHERECLS, on the 6th day of February, 1939 a petition was presented and filed with this City council asking that certain inhabited new territory therein described be annexed to the City of Lodi and that an election be called and held in said territory upon the question whether said territor shall be annexed to, incorporated in and made a part of the zits of Lodi and the property therein be, after such annexation, subject to taxation equally with property in said City to pay that portion of the bonded indebtedness of the City of Lodi issued and outstanding at the date of said petition for annexation or theretofore authorized, and, presentation to this City Council, the City Clerk of this City reported that the signatures annexed thereto were in excess of one-fourth (l/4-) of the number of electors residing in said proposed new territory, and this City Council did thereon pass and adopt its Resolution No. 987 wherein the hour of 8:OO o'clock P.M. of Monday, March 6, 1939 and the Council Chambers of this City council in the City hall of the City of Lodi were designated as the time and place where and when objections would be heard from property owners in the proposed new territory to annexation of the sme. Said Resolution No. 987 also contained among other things a declaration of this City Council of its intention to call an election in said territory in not less than fifty (50) days from the date of the adoption thereof upon the question of whether the property in said territory shall be annexed to said City and after said annexation be taxed equally with the property now in the City of Lodi to pay that portion of the bonded indebtedness of said City issued and outstanding at the date of such election, and a copy of said Resolution No. 987 was published in time, form and manner as required by law in the Lodi News-Sentinel, a newspaper of general circulation printed and published in the City of Lodi, as is evidenced by the affidavit of D. B. Rinfret, the principal clerk of the publisher of said Lodi News-Sentinel now on file and of record in the office of the City Clerk of this city, and, owner of real property up to and including the date set for the hearing of protests and this City council did find that said objection constituted less than a majority of the owners of real property in said district and that the said City council had acquired jurisdiction to order and call an election upon the question of annexatfon and then did on the 6th day of March, 1939 pass and adopt its Resolution No. 989 ordering and calling and giving notice of a special election to be held in the said proposed new territory on Tuesday, April 4, 1939, and; WKEREAS, after the filing of said petition and on its WHEREAS, objection in writing was received from one WHEREAS due and proper notice of said election was given by publication of a notice thereof for once each week for the four (4) weeks next preceding the date set for the said election in the "STOCKTON RECORD", a newspaper of general circulation printed and published in San Joaquin Count the City of Lodi, as is evidenced by the affidavit of Earl. Lenfestey now on file and of record in the office of the City Clerk of this City, and, VKEREAS, said election was held and conducted in accordance with law and the provisions contained in Resolution No. 989 on the said Tuesday, the 4th day of April, 1939 and the votes cast thereat received and counted and the returns thereof transmitted to this City council who did thereafter, at its next regular meeting held next aPter three days from the date of said election, to-vfit, held on Tuesday, April 11, 1939 canvass the returns of said election and declare the result thereof and as a result of said canvass this City Council herein finds and declares that the total number of votes cast at said election was Thirty-two (32); that the total number of votes cast in favor of the proposal and for annexation was Seventeen (17); that the total number of votes cast against the proposal and against said annexation was Fifteen (35); and that the necessary majority of votes required by law were cast in favor of the proposal and for annexation, now theref ore, Follows: of the following described inhabited, unincorporated territory designated as "BECKMAN ADDITION" be, and the same is hereby approved, ratified and confirmed, which said territory is contiguous to the City of Lodi, County of San Joaquin, state of California and is particularly bounded and described as follows: outside The City Council of the City of Lodi does ordain as Section 1: That the annexation to the City of Lodi All of the lands included within the exterior boundaries of that certain tract of land designated on a certain map or plat entitled "PLAN OF BECKNANIS SUBDIVISION OF A PORTION OF THE SW 5 OF SECTION 12, T3N, R6X, IN SAN JOAQUIN COUNTY" which map was filed for record February 11, 1892, in the office of the County Recorder of ban Joaquin County, California. Section 2: That the property within said territory shall from the date of the annexation thereof be subject to taxation equally with the property within said City of Lodi to pay all of the bonded indebtedness of said City outstanding at the date of the filing of said petition of annexation and at the date of the first publication of the notice of election as the amounts of said bonded indebtedness are set forth in the said Notice of Election. Section 3: That the City Clerk of this City shall forthwith upon the taking effect of this Ordinance make and certify under the seal of the City of Lodi and transmit to the Secretary of State of the State of California a copy of this Ordinance giving the date of its passage. -2- Section 4: This Ordinance shall take effect and be in full force and effect at the time and in the manner provided by law. No. 2.51 this 17th day of April, 1939. I, hereby approve and sign the foregoing Ordinance .-----&eg& - G. M. STBELE, Mayor. ATTEST : n