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HomeMy WebLinkAboutOrdinances - No. 791 ER? CERTIFIED COPY ORDINANCE NO. 791 AN ORDINANCE CALLING A SPECIAL MUNICIPAL BOND ELECTION IN THE CITY OF LODI FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID CITY THE MEASURES OF INCURRING A BONDED INDEBTEDNESS OF SAID CITY FOR THE ACQUISITION, CONSTRUCTION AND COMPLETION OF THE FOLLOWING MUNICIPAL IMPROVEMENTS, AND EACH OF THEM, TO WIT: SEWER SYSTEM IMPROVEMENTS, PUBLIC SAFETY BUILDING, AND STORM DRAINAGE IMPROVEMENTS; DECLARING THE ESTIMATED COST OF SAID MUNICIPAL IMPROVE- MENTS, AND EACH OF THEM, THE AMOUNT OF THE PRINCIPAL OF SAID INDEBTEDNESS TO BE INCURRED THEREFOR, AND THE MAXIMUM RATE OF INTEREST TO BE PAID THEREON; MAKING PRO- VISION FOR THE LEVY AND COLLECTION OF TAXES; AND FIXING THE DATE OF SAID ELECTION, THE MANNER*OF HOLDING THE SAME, ESTABLISHING ELECTION PRECINCTS AND POLLING PLACES FOR SAID ELECTION, APPOINTING ELECTION OFFICERS THERE- FOR, AND PROVIDING FOR NOTICE THEREOF. WHEREAS, the City Council (hereinafter sometimes called '"the Council") of the City of Lodi by resolution duly passed and adopted at a meeting of the Council duly and regularly held, by affirmative vote of more than two-thirds of all its members, did determine that the public interest and necessity demand the ac- quisition, construction and completion of the municipal improve- ments, and each of them, hereinafter mentioned, and did further 1 determine that the cost of said proposed municipal improvements, and each of them, will be too great to be paid out of the or- dinary annual income and revenue of said municipality and that each of said municipal improvements will require an expenditure greater than the amount allowed therefor by the annual tax levy, and will require the incurring of a bonded indebtedness there- for, which resolution was duly entered on the minutes of said meeting of the Council, and is now on file and of record in the Clerk’s office of said City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS: Section 1. That a special municipal bond election be and is hereby ordered and will be held in the City of Lodi (hereinafter called “the City”) on Tuesday, June 8, 1965, at which election shall be submitted to the qualified electors of the City the question of incurring a bonded indebtedness of the City for the objects and purposes set forth in the following measures, and each of them, to wit: MEASURE (A): Shall the City of Lodi incur ‘(Sewer System a bonded indebtedness in the Improvements) principal amount of $4,215,000 for the acquisition, construc- tion and completion of the following municipal improvement, to wit: Sewer sys tem improvements, including acquisition of land for treatment plant site, treatment plant facilities for sew- age and industrial waste, outfall line, collec- tion mains, pipes and connectlons; easements and rights of way; and other works, property or structures necessary or convenient for sewer system improvements for the City of Lodi? 2 4 MEASURE (B): Shall the City of Lodi incur a bonded indebtedness in the .-. TPublic Safety Building ) principal amount of $1,145,000 for the acquisition, construc- tion and completion of the following municipal improvement, to wit: A new public safety building, including facilities for central fire station, Justice Court, police headquarters and jail, and civil disaster emergency operation center, together with landscaping and other site developments and off-street public parking facilities; lands, easements and rights of way; and other works, property or structures neces- sary or convenient for a new public safety building for the City of Lodi? MEASURE (C): Shall the City of Lodi TStorm DraS'nage Improvements) ness in the principal the acquisition, construction and completion of the following municipal improvement, to wit : Storm drainage improvements, including acquisition of lands for drainage basins, construction of drainage basins (which will be used incldentally for park and playground purposes), inflow and outflow structures, dry wells, filter caps, piping and pumps, together with landscaping and fencing; ease- ments and rights of way; and other works, property or structures necessary or conven- ient for storm drainage improvements for the City of Lodi? incur a bonded indebted- amount of $1,840,000 for The estimated cost of the municipal improvement as set forth in Measure (A) (Sewer System Improvements) is the sum of $4,215,000 and the amount of the indebtedness proposed to be incurred for said municipal improvement is the sum of $4,215,000. The estimated cost of the municipal improvement as set forth In Measure (B) (Public Safety Building) is the sum of $1,145,000 and the amount of the indebtedness proposed to be incurred for said municipal improvement is the sum of $1,145,000. 3 The estimated cost of the municipal improvement as set forth in Measure (C) (Storm Drainage Improvements) is the sum of $1,840,000 and the amount of the indebtedness proposed to be incurred for said municipal improvement is the sum of $1,840,000. The estimated cost hereinabove stated of each such municipal improvement includes, legal and a11 other fees inci- dental to or connected with the authorization, issuance and sale of the bonds evidencing the indebtedness proposed to be incurred for such municipal improvement and the costs of print- ing said bonds and all other costs and expenses incidental to or connected with the authorization, issuance and sale of said bonds. Section 2. The Council does hereby submit to the qualified electors of the City at said special municipal bond election said measures, and each of them, set forth in Section 1 of this ordinance, and designates and refers to said measures in the form of .ballot hereinafter prescribed for use at said election. (a) Said special municipal bond election shall be held and conducted, and the votes thereof canvassed, and the returns thereof made, and the result thereof as- certained and determined, as herein provided; and in all particulars not prescribed by this ordinance, said elec- tion shall be held as provided by law for the holding of municipal elections in the City. (b) All persons qualified to vote at municipal elections in the City upon the date of the election herein provided for shall be qualified to vote upon the measures submitted at said special municipal bond election. 4 (c) The polls at the polling places hereinafter designated shall be opened at 7:OO o'clock A.M. of said day of election and shall be kept open continuously there- after until 7:OO o'clock P.M. of said day of election, when the polls shall be closed (except as provided in Sec- tion 14436 of the Elections Code), and the election offi- cers shall thereupon proceed to canvass the ballots cast thereat. (d) For the conduct of said special municipal bond election, the City is hereby divided into the number of special election precincts set forth herein, each of which shall comprise one or more of the general state and county election precincts into which the City is divided for general state and county election purposes, as follows: The special election precincts hereinafter designated by numbers each comprises one or more of the general election precincts into which the City is divided for general state and county election purposes and the general election pre- cincts hereinafter referred to by letter and number comprise the general election precincts designated for general state and county election purposes in the City by the Board of Supervisors of San Joaquln County, State of California. Reference is hereby made to the records of the Board of Supervisors of said County establishing general election precincts in the City as the same are now on file in the office of the County Clerk of said County for a more parti- cular description of said general election precincts as so lettered and numbered. Said special election pre- cincts and polling places therein and the election officers 5 appointed to conduct said election thereat are as follows: , CONSOLIDATED SPECIAL ELECTION PRECINCT 1 (ComDrisina state and counts election 'precincts-L-1, L-2, L-3, L14 and L-5). POLLING PLACE: Lodi Buddis t Church Basement 23 N. Stockton Street Inspect or: Grace A. Brierly Judge : Clerk: Viola Bohnet Clerk: Olinda Ullmann Mabel Wake f ield CONSOLIDATED SPECIAL ELECTION PRECINCT 2 (comprising state and county election pre- cincts L-6, L-7, L-8, L-9, L-10 and L-11). POLLING PLACE: Garfield School Auditorium 510 S. Garfield Street Inspect or: Elaine T. Hieb Judge : Anna Shaw Clerk: Clara Walthe r Clerk: Deborah Krause CONSOLIDATED SPECIAL ELECTION PRECINCT 3 (ComDrisinrr state and countv election me- 'clncts L-r2, L-12AY L-13, L14 and L-'14A). POLLING PLACE: Mauch Garage 242 Watson Street Inspect or: Ruth Mauch Judge : Clerk: Marlene Hittle Clerk: Helen Kost Edna A. , Nusz 6 CONSOLIDATED SPECIAL ELECTION PRECINCT 4 (Comprising state and county election precincts L-15, L-16, L-16A, and L-17). POLLING PLACE: Leroy Nichols School Auditorium 1301 S. Crescent Avenue Inspect or: Frieda P. Fischer Judge : Veda Rostomily Clerk: Gertrude Zenk Clerk: Mazie Didrickson CONSOLIDATED SPECIAL ELECTION PRECINCT 5 (Comprising state and county election precincts L-18, L-19, L-20, and L-21). POLLING PLACE: Needham School Pleasant Avenue entrance Inspect or: Katherine Tort ore 1 li Judge : Evelyn Handel Clerk: Katherine Loffelbein Clerk: Haze 1 West more CONSOLIDATED SPECIAL ELECTION PRECINCT 6 (Comprising state and county election pre- cincts L-22, L-28, L-29, L-30, and L-31). POLLING PLACE: Lodi Public Library Auditorium entrance on N. Pleasant Avenue Inspector: Pearl 81. Stafford Judge : Elsie Brown Clerk: Laura Waters Clerk: Zuni c e Ware 7 CONSOLIDATED SPECIAL ELECTION PRECINCT CinCtS L-32, L-32A, L-33, L-33A, and L-33B). (Comprising state and county election pr$- POLLING PLACE: Lakewood School, Building B 1100 N. Ham Lane Inspector: Nettie Hoertling Judge : Vernamae Silvers Clerk: Clerk : Alma G. Hughes Marjorie Parkison CONSOLIDATED SPECIAL ELECTION PRECINCT 8 (Comprising state and county election precincts L-26, L-27, L-27A, and L-34). POLLING PLACE: George Washington School W. ,Lockeford Street Inspector: Arvilla M. Jackson Judge : Virginia A. Wilson Clerk: Dorothy Swi t zenb urg Clerk: La Verne M. Cain CONSOLIDATED SPECIAL ELECTION PRECINCT 9 (Comprising state and county election precincts L-16B, L-23, L-23A, and C-24). POLLING PLACE: Lee Jones Recreation Building American Legion Park, northwest corner .of Hutchins and Vine Sts. Inspector: Pauline Ehlers Judge : Mary H. Gerard . Clerk: Marian Siege1 Clerk: Viola Wanner 8 CONSOLIDATED SPECIAL ELECTION PRECINCT 10 [Comnrisinn state and counts election .- prekincts-L-25, L-25A, L-25F3 and L-25G). POLLING PLACE: Merkel Garage 220 S. Sunset Avenue Inspector: Laura E. Schmidt Judge : Rose Merkel Clerk: Edna Bonnet Clerk: Eleanor Henry CONSOLIDATED SPECIAL ELECTION PRECINCT 11 (Comnrisina state and county electfon Dre- 'cin'cts ~-5513, L-25C, L-25D; and ~-25~j. POLLING PLACE: Erma B. Reese School 1800 W. Elm Street Inspector: Juanita B. Tatman Judge : Jean Ferguson Clerk: Jeanne G. Shotton Clerk: Ann M. Schroeder CONSOLIDATED SPECIAL ELECTION PRECINCT 12 (ComDrisine: state and county election 'precinctsuL-35, L-36, L-36A3 and b36B). POLLINff PLACE: Lodi Lake Park cottage inside entrance gate Inspect or: Eunice Fox Judge : Dorothy E. March Clerk: Rose L. Zundel Clerk: Helen Santzen 9 (e) The ballots to be used at said special municipal bond election shall be substantially in the following form, to wit: No. : (This number shall be torn : MARK CROSSES (XI ON BALLOT : : off by Inspector and : handed to the Voter) : ONLY WITH RUBBER STAMP; : NEVERTTTHPEN-OR PENCIL. : No. : (ABSENTEE BALLOTS MAY BE WI'FHAND INK : MARKED : OR PENCIL.) --- : (Fold ballot to this : perforated line,. leaving : top margin exposed. ) ......................... MUNICIPAL BALLOT SPECIAL MUNICIPAL BOND ELECTION CITY OF LODI TUESDAY, JUNE 8, 1965 . . . . . . . . INSTRUCTIONS TO VOTERS: To vote on any measure, stamp a : cross (XI in the voting square after the word "YES" 05 after the word "NO'i, forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, : tear or deface this ballot, return it to the Inspector of : Election and obtain another. On absent voter ballots mark a cross (X) with pen or pencil. All marks except the cross (X) are MEASURES SUBMITTED TO VOTE OF VOTERS : MEASURE (A): Shall the City of Lodi incur : 'tSewer System a bonded indebtedness in the YES : Improvements ) principal amount of $4,215,000 : for the acquisition, construc- . tion and completion of the following municipal . improvement, to wit: Sewer system improvements, : : including acquisition of land for treatment : plant site, treatment plant facilities for sew- : age and industrial waste, outfall line, collec- : : tion mains, pipes and connections; easements : NO and rights of way; and other works, property : : or structures necessary or convenient for sewer : : system improvements for the City of Lodi? -- 10 MEASURE (B): Shall the City of Lodi incur ?Public Safety a bonded indebtedness in the . for the acauisition. construc- . Building) principal amount of $1,145,000 yES tion and completion of the following-municipal improvement, to wit: A new public safety building, including facilities for central fire I station, Justice Court, police headquarters and : jail, and civil disaster emergency operation : center, together with landscaping and other site developments and off-street public parking facilities; lands, easements and rights of way; : and other works, property or structures neces- : sary or convenient for a new public safety building for the City of Lodi? -- NO : MEASURE (C): Shall the City of Lodi 7Storm Drainage incur a bonded indebted- Improvements ) ness in the principal the acquisition, construction and completion of the following municipal Improvement, to wit: Storm drainage improvements, including acquisition of lands for drainage basins, construction of drainage basins (which will be used incidentally for park and playground purposes), inflow and outflow structures, dry wells, filter caps, piping and pumps, together with landscaping and fencing; ease- ments and rights of way; and other works, property or structures necessary or conven- ient for storm drainage improvements for the City of Lodi? amount of $1,840,000 for : YES : : NO : (f) Each voter may vote on any or all of said measures. Each voter to vote for any measure hereby sub- mitted and for incurring said bonded indebtedness shall stamp a cross (XI in the blank space opposite the word "YES" on the ballot to the right of said measure, and to. vote against any measure and against incurring said in- debtedness shall stamp a cross (XI in the blank space op- posite the word "NO" on the ballot to the right of said measure. On absent voter ballots the cross (X) may be marked with pen or pencil. 11 (g) The returns of said election shall be made out and signed by the election officers and shall be by them deposited with the City Clerk, together with the bal- lots cast at said election; and the Council shall meet at its usual meeting place and canvass said returns on Tues- day, the fifteenth day of June, 1965 (the first Tuesday after said election) at the hour of 8:OO o'clock P.M. and declare the result of said election. Section 3. The Council proposes to issue and sell bonds of the City for the respective objects and purposes, but not exceeding the respective amounts, specified in said respec- tive measures, if two-thirds of the qualified electors voting on each separate measure at said special municipal bond elec- tion shall vote in favor of each of said measures; provided, however, that the votes cast for and against each of said re- spective measures shall be counted separately and, when two- thirds of the qualified electors voting on any one of such measures vote in favor thereof, such measure shall be deemed adopted and bonds of the City In the aggregate amount specified In the measure or measures which carried by the affirmative vote of two-thirds of the qualified electors of the City voting on said measure or measures at said election shall thereby be ~ authorized to be issued and sold for the objects and purposes specified in said measure or measures which received such af- firmative two-thirds vote. / Said bonds shall be negotiable in form and of the character known as serial, and shall bear Interest at a rate not to exceed six (6) per cent per annum, payable semiannually (except that interest for the first year after the date of said bonds may be made payable at or before the end of said year). 12 Provision is hereby made for the payment of the principal of and interest on said bonds as follows: At the time of making the general tax levy after incurring the bonded indebtedness, and annually thereafter until the bonds are paid or until there is a sum in the treasury set apart for that purpose sufficient to meet all payments of principal and interest on the bonds as they become due, the Council shall levy and collect a tax suf- ficient to pay the interest on the bonds and such part; of the principal as will become due before the proceeds of a tax levled at the next general tax levy will be available; provided, how- ever, that if said bonds are authorized to be issued at said election, and it is expected that all or any part of said bonds will be sold at such time that; the principal of or interest on such bonds will become due before the proceeds of a tax levied after such sale would be available to pay such prLncipal or in- terest, the Council, at the time of fixing the annual tax levy, may levy a tax in an amount clearly sufficient to pay that por- tion of the principal of and interest on said bonds which it is expected will become due before the proceeds of the next suc- ceeding tax levy will be available. If the earliest maturity of the bonds is more than one year after the date of issuance, the Council shall levy and collect annually a tax sufficient to pay the interest as it falls due and to constitute a sinking fund for the payment of the principal on or before maturity. Such taxes shall be levied and collected as other City taxes and shall be in addition to all other taxes and shall be used only for payment of the bonds and the interest thereon. Sectlon 4. The City Clerk of the City is hereby directed, upon the passage and adoption of this ordinance, to publish the same once a day for at least seven (7) days in the 13 LODI NEWS - SENTINEL, which is a newspaper of general circula- tion published at least six (6) days a week in the City, and such publication shall constitute notice of said election. No other notice of the election hereby called need be given. Section 5. This ordinance shall be forthwith entered upon the minutes of the Council and in the Ordinance Book of the City. This ordinance, being an ordinance calling and ordering an election, shall take effect from and after its final passage and approval. PASSED AND ADOPTED this 28th day of April, 1965, by the following vote: AYES: NOES: ABSENT : Attest: Councilmen BROW, CULBERTSON, DOW, WALTON and KIRSTEM Iiom NQESE The foregoing ordinance was presented to me for approval and is hereby approve \ - 14 CLERK' S CERTIFICATE I, Beatrice Garibaldi, City Clerk of the City of Lodi, State of California, do hereby certify that the foregoing ordi- nance is a full, true and correct copy of an ordinance Introduced and read at a regular meeting of the Council of said City duly and regularly and legally held on the 21st day of April, 1965, and said ordinance was thereafter duly passed and adopted by vote of at least two-thirds of all of the members of the Council, at an adjourned meeting of the Council duly and regularly and le- gally held at the regular meeting place thereof on the 28th day of April, 1965, of which meet members of the Coun- cil had due notice, as follows: AYES: NOES: N0I-m Councilmen mow, CmBERTSON, BOW, WALTOH and ItIRkWl$l$ ABSENT: That I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said ordinance is duly entered of record in the minutes of the Council and in the Ordinance Book of said City, and said ordinance is a full, true and correct copy of the original ordinance adopted at said meeting and entered in said minutes and Ordinance Book. That said ordinance has not been amended, modified or rescinded since the date of its passage and that the same is now in full force and effect, and has bem aublished Dursuant to law. WITNESS my hand and the seal of the City this 28th day of April, 1965.