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HomeMy WebLinkAboutAgenda Report - November 1, 1995 PH,� OF CITY OF LODI COUNCIL COMMUNICATION c4��Foa+�4 AGENDA TITLE: Public Hearing to Consider the Appeal from Suresh Bhakta to Waive Fees for Connection to the Public Sanitary Sewer MEETING DATE: November 1, 1995 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council conduct a public hearing to consider the appeal of the property owner, Suresh Bhakta, to waive or allow deferred payment of fees required to connect the property at 1201 East Lockeford Street to the public sanitary sewer system. BACKGROUND INFORMATION: The property owner has applied for a building permit to connect two single-family residences on his property at 1201 East Lockeford Street to the public sanitary sewer system. The property is located at the northeast corner of the intersection of Lockeford Street and Cluff Avenue, as shown on Exhibit A. This parcel is zoned heavy industrial (M-2), but is currently being used for residential purposes. On several occasions prior to submitting the building permit application, Mr. Bhakta spoke with Public Works staff regarding the fees required to connect to the public sanitary sewer system. He was informed, during each discussion, that the property was subject to the following fees prior to connection to the system: • Sanitary sewer lift station reimbursement fees per Reimbursement Agreement No. 80S06. This fee is indexed and increases on January 1 of each year. The fee for calendar year 1995 is $3,500.00/acre. Under the terms of the Agreement, fees collected after November 9, 1989 are retained by the City. A copy of the Agreement is attached as Exhibit B. • Sanitary sewer extension reimbursement fees per Reimbursement Agreement No. 82S01. Fees include charges for the sewer main extension, sanitary sewer service lateral and street paving. The sewer main extension reimbursement is $12.08/LF on Cluff Avenue (129 LF @ $12.08/LF = $2,660.00) and the service lateral reimbursement is $800.00. The street paving reimbursement is indexed and increases on January 1 of each year. The fee for 1995 is $7,981.23. Total reimbursable costs for 1995 under this Agreement are $12,199.55. Under the terms of the Agreement, fees for the sanitary sewer service lateral and street paving are retained by the City and any fees for the main extension collected after January 22, 1992 are also to be retained by the City. A copy of the Agreement is attached as Exhibit C. • Development Impact Mitigation Fees for sanitary sewer in conformance with Lodi Municipal Code §15.64. The impact fees for the sewer facilities category are $805.60. APPROVED: 4AS A. PETERSON City Manager recycled paper CPH1201E.DOC 16iyf;;95 Public Hearing to Consider the Appeal from Suresh Bhakta to Waive Fees for Connection to the Public Sanitary Sewer November 1, 1995 Page 2 • Sewer capacity fee in conformance with Lodi Municipal Code §13.12.180. The charge for the two residences on the subject property is 2.25 sewer service units, or $4,722.75. Total fees due prior to connection to the sanitary sewer system are $18,527.90. Mr. Bhakta has requested that these fees be waived or deferred. Staff recommends that the fees not be waived. This would be unfair to adjacent property owners who have paid the installation costs and fees required to obtain public sanitary sewer service for their parcels. Staff recommends instead that the City enter into a payment agreement with Mr. Bhakta to allow the payment of the fees over a five -(5 -)year period under the following conditions: 1. That the execution of the agreement will result in a lien against the property. 2. That upon sale, transfer or any other conveyance of the property, all fees payable under the agreement shall become immediately due and payable. 3. That the total fees of $18,527.90 be paid in 60 equal monthly installments with interest from the date of recordation on the unpaid principal at the rate of 6.50 percent. The interest rate represents the projected average Local Agency Investment Fund (LAIF) rate over a 5 -year period. Monthly installments for principal and interest would be $362.52. 4. Each payment shall be credited first on interest then due and the remainder on principal. 5. Should any monthly installment not be paid within 10 days of the due date, the payment will be considered delinquent and be subject to a late charge of 5 percent of the payment. 6. Should any monthly installment not be paid within 30 days of the due date, the remaining unpaid balance shall become immediately due at the option of the City and proceedings may be initiated to collect the unpaid balance. This may result in additional collection charges. 7. That, in addition to the monthly principal and interest amount shown in Item 3 above, a monthly administrative service charge of $20.00 be added to the payment to cover the City's cost of administering the agreement. 8. That the agreement shall have no right of assignment. Staff further recommends that Council authorize the City Manager to sign an agreement to be prepared by the City Attorney containing the above conditions and/or others specified by Council without further Council action. FUNDING: None needed. Prepared by Sharon A. Welch, Associate Civil Engineer Attachments cc: City Attorney Acting Finance Director Associate Civil Engineer - Development Services Mr. Suresh Bhakta L DIJack. Ronsko Works Director CPH 1 Z01 E.DOC 10/11195 EXHIBf 1 A u� aFCCITY OF LODIN tA�o c _TMENT • • •R• SM a� V mildnd L J U � 5- P. K. R. Cp, I vtrOR TRC. (STATE K*-. N0. 12) ! � V1—TDR { (HWY 12 N.T.S. a� V mildnd L J U � 5- P. K. R. Cp, I vtrOR TRC. (STATE K*-. N0. 12) ! � V1—TDR { (HWY 12 N.T.S. r EXHIBIT B SAIiiTARY SEi+ER LIFT STATION REIMBURSEMENT AGREEMENT NO. 80S 0(a TH I S AGREEMENT entered into this day of . , T9F 0.. by and between THE CITY Or LOD1, a municipal corporation, hereinafter called City, and Ben Schaffer, Bozant Katzakian, Frank V. Johnson, John E. Donovan, and James F. Culbertson, here+n- after called Applicant.. WHEREAS, the Applicant has installed a sanitary sewer lift station as part of the Industrial Lite (Tract 1452) subdivision improvements; and WHEREAS, the aforesaid sanitary sewer lift station will serve additionaT properties that are designated and shown on the plan attached and labeled Exhibit A to this agreement and indicated thereon; and WHEREAS, the Public Works Director of the City of Lodi, under the teras outlined in Resolution- 79-83 recommends that thtsi sanZtary s�ek-ter Tift station reimbursement agreement be entered into between the parties hereto. NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained it is hereby agreed between the parties as follows: 1. In the event that the properties west of line A shown on Exhibit A attached are developed, the City shall collect from the developers of the property a sum as shown on Exhibit B. 2. Any charges collected prior to November 9, 1989 shall be reimbursed to Applicant. Any charges collected after that shall be retained by City. 3. It is hereby agreed that City is authorized to deduct 1$ from any monies that would be due Applicant under paragraphs above to cover City's cost of administering the reimbursement provisions of this agreement_ 4. This agreement shall inure to the benefit of the heirs, successors, and assigns of the Applicant. In this connection, City is authorized to mail the reimbursement to the last address of the Applicant on file with the Finance Director of City; and in the event a reimbursement is returned or unclaimed after two years from the date of mailing, the amount of the reimbursement shall revert to the City's general fund. 5. This agreement is entered into pursuant zo the erovisions of Resolution 79-83 and the provisions of that Resolution shall be deemed a part of this agreement - IN WITNESS THEREOF the parties have set their hands the day and year first hereinabove written. CITY OF LODI HENRY A. GLAVES City Manager Attest: //�� / 42/% / ALICE M. REIMCHE City Clerk I .0/q r 66J �r :z -1 C64 :01 Lli ' of oi Y r • 1 r - — •" r ^ � ` J L. � .y. i / r r r r Of / 6 r op 10 • i tt\\\.\\\•\\\`\tom\ 0( / . l �. r r 1 , / �: EXHIBIT "B" Northeast Area Sanitary Sewer Lift Station Reimbursement Agreement - Acreage Fee Schedule Calendar Year Acreage Fee Calendar Year Acreage Fee 1980 $1400 1990 $2800 1981 $1540 1991 $2940 1982 $1680 1992 $3080 1983 $1820 1993 $3220 1984 $1960 1994 $3360 — 1985 $2100 1995,—.- -- - _ $35.00-- 1986 $2240 — 1996 $3640 1987 $2380 1997 $3780 1988 $2520_ 1998 $3920 1989 $2660 1999 $06a Note: Fees collected after November 9, 1989 to be retained by City_ EXHIBIT C SANITARY SEWER. EXTENSION REIMBURSEMENT AGREEMENT NO. 87 -SO/ TURNER ROAD & CLUFF AVENUE ASSESSMENT DISTRICT NO. 1 THIS AGREEMENT entered into thisday of 19a -by• and between CITY OF LODI, a municipal corporation, hereinafter called City, and Turner Road E Cluff Avenue Assessment District No. l hereinafter called Applicant. WHEREAS, the Applicant has requested sanitary sewer service from the City oF- Lodi and the Public Works Director has determined that a sanitary sewer extension is necessary to serve that property known as Turner Rd. E Cluff Ave. Assessment District No. ; and WHEREAS, the aforesaid sanitary sewer will serve additional properties that are designated and shown on the plan attached and labeled Exhibit A to this agreement and indicated thereon; and WHEREAS, the Public Works Director of the City or' Lodi recommends that this sanitary sewer extension reimbursement agreement be entered into between the parties hereto. NOW THEREFORE in consideration of the mutual covenants and conditions herein contained it is hereby agreed between the parties as follows: 5/9/79 1. Applicant shall construct and install at its own expense the sanitary sewer 81 D35 th ru extension in accordance with City of Lodi Drawing 8T042 op proved by the Public Works Director of the City of Lodi for the development of the property . 2. It is hereby agreed that the amount of the reimbursable cost due to the Applicant shall not exceed the sum of $3,431.00 Ol0 3. In the .t that ie abutting propertiesi -win orr hibit A attached connect the sanitary sewer extension bc. .,g installed by Applicant, the City shall collect from the developers of the abutting property a sum based upon a charge of $12.08 per front foot as determined by the Public Works Director. 4. In addition to sanitary sewer main charges, the City shall collect and retain the amount shown on Exhibit B as reimbursement for pavement installed by the City on the adjacent property owner's behalf. This amount shall not be collected if water service is provided prior to sewer service and this amount was collected as part of the water service charges. 5. In addition to sanitary sewer main and paving charges, the City shall collect and retain the cost of the sewer service installed by the City on the adjacent property owner's behalf. The amount shall be the same as the prevailing charge made by the City for installation of 4" sewer service at the time of hookup. 6. Any charges collected within a period of ten years from the date of this agreement shall be reimbursed to applicant. Any charges collected after ten years from the date of this agreement shall be retained by City. 7. It is hereby agreed that City is authorized to deduct 2% from any monies that would be due'Applicant under paragraphs above to cover City's cost of administering the reimbursement provisions of this agreement. 8. This agreement shall inure to the benefit of the heirs, successors, and assigns of the Applicant. In this connection, City is authorized to mail the reimbursement to the last address of the applicant on file with the Finance Director of City; and in the event a reimburse- ment is returned or unclaimed after two years from the date of mailing, the amount of the reimbursement shall revert to the City's general fund. 9. This agreement is entered into pursuant to the provisions of Section 20-45 through 20-56 of the City Code of the City of Lodi and the provisions of that section shall be deemed a part of this agreement. U IN WITNESS THEREOF the parties have set their hands the day and year first hereinabove written. CITY .OF LODI -3- Turner :toad and Cluff Avenue Asses t District No. 1 (Applicant) By Timo� J . an Attornl�' for District 141 East Acacia Street, Suite A Address Stockton, California 95202 CITY OF RLQ CL U� F A VE LODI-?TUR/v ASS` SS,: - 7- DISTRICT ^.10. PUBLIC WORKS DEPARTMENT j SANITARY SEEWER EXTENSIOM 1323zf 1� i = i00' t 22 01 AR It /< NOTES= y G'S i- I Sonita Sewer extension shown on /D37 &.8/038 2. Reimbursement charge per foot • .__.$/2.Q8fpoviny F~ S¢�vcd: 3. Z -ZZ -Z I Front footage charge. -W LQMoie m zo, SOUTHERN Gown NQ Ne. Dote Approved Approved 8EXHIBIT A Checked Sanitary Sewer Extension CateReimbursement Ec wort. Director o.te Agreement No. SZ S01 CITY OF LODI PUBLIC 14OR S DEPARTMENT CAST ESTIMATE FOR REIMBURSEMENT TU RKFE?t ROAD F, CLUFF AVENUE- ASSESSMENT DISTRICT NO. 1 (Reynolds E LaMaie) SAH 1 TARP SEWER EXTENSION COST OF SAUITARY SEWS^ EXTENSION 363 LF 6" Sanitary Sewer @$ 14.00 $5,082.00 1 EA Sanitary Sewer Manhold @$750.00 $ 750.00 LS Excavation Safety (7% of total) $ 406.00 Sub -total $6,238.00 10% Engineering E Administration $ 623.80 notal $6,86130 TOTAL FRONT FOOTAGE: 568 Feet COST OF EXTENSION PER FRONT FOOT: $6,861.80 = $12.08 30 feet REIMBURSEMEIFC AMOUNT: 284 ft. x $12.08 3 $3,430.72 (say $3,431) SERVICE COST REIMBURSEMENT TO.CiTY: To be charged at prevailing cost of 4" service at time of hookup. CITY OF LODI PUBLIC WORKS DEPARTMENT EXHIBIT - B TURNER ROAD E CLUFF AVENUE ASSESSMENT DISTRICT NO. 1 (Reynolds S LaMaie) STREET PAVEMENT REIMBURSEMENT TO CITY REYNOLDS 3 �C 1240 SF Compact Original Ground @$ 0.10/SF $ 124.00 32.1 T Aggregate Base @$ 9.00/T $ 288.90 37 T Asphalt Concrete @$ 23.50/T $ 869.50 Total. $1,158.40 LaMAI E ;1,D 1- 12Z f • 1ti� 1 ��"� 4480_ SF Compact Original Ground @$ 0.10/SF $ 448.00 56.4. T Aggregate Base @$ 9.00/T $ 507.60 107 T Asphalt Concrete @$ 23-50/T $2,514.50 • $3,470-10 SCHEDULE (10% Simple Interest per annum) Calendar Year Reynolds LaMaie 1992 $1,15840 T3770.10 1983 1,274.24 3,317.11 1984 1,390.08 4,164.12 1985 1,505.92 4,511.13 1986 1,621-76 4,858.14 1987 1,737-60 5,205.15 1988 1,853.44 5,552.16 -.- -- 1989 1,969.28 5,899-17 1990 2,085.32 6;246.18 1991 2,200.96 6,593.19 1992 2,316.8o 6,940.20 1993 2,432.64 7,287.21. 1994 2,548.48 7,634.22 1995 2,66,4.-142 7 ,981.23. 1996 2,780-16 8,328.24 1997 2,896.00 8,675-25 1998 3,011.84 9,022.26 1999 3,127.68 9,369.27 2000 3,243.52 9,716.28 SURESH M.BHAKTA 1201 E.LOCKEFORD ST. LODI,CA 95240 (209) 367-4553 SEPT.13,1995 JENNIFER M. PERRIN CITY HALL, CITY OF LODI CITY HALL, 221 W. PINE ST. LODI, CA 95241-1910 SUBJECT: Fee for connection to public sanitary sewer system at 1201 East lockeford Street. Dear Ms. Perrin. I would like to appeal and waived the partial Fees as shown invoice # E-1317 $ 13,000.15 , ( copy attached herewith ) and Plan & Building permit cost $ 5522.75 which total of $ 18,527.90. it is too high fee for me to pay. which I can not afford it. I like to request for installment payments or differed payments for the fees for longest time as much as 20 years if possible or allowable longest time in the past. THANK YOU, Very truly yours, 5 �"ioSI 114. SURESH M.BHAKTA cc: Sharon Welch, Assoc. Civil Engineer CITY COUNCIL STEPHEN J. MANN, Mayor DAVID P. WARNER Mayor Pro Tempore RAY G. DAVENPORT PHILLIP A. PENNING JACK A. SIEGLOCK CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 96241-1910 (209) 3 33-67 06 FAX (209) 333-6842 August 21, 1995 Mr. and Mrs. Suresh Bhakta 1201 E. Lockeford Street Lodi, California 95240 SUBJECT: Construction Application #9299 1201 E. Lockeford Street, Lodi, California H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk Your construction application has been reviewed by the Public Works Department for conformance with City requirements. The requirements are described on the attached sheet which has been forwarded to the Building Division for inclusion in your permit. The CONSTRUCTION REQUIREMENTS and FEES sections will be handled by the Building Division in conjunction with the issuance of your Building Permit. Payment of Development Impact Mitigation Fees is also required on this project. In addition, there are outstanding reimbursement agreement fees for sanitary sewer main extension, street paving and lift station installation that affect your property. Due to the amount and detail of the fee calculations, a separate billing has been prepared and is attached to this letter. Payment of all fees is required prior to issuance of your building permit. Should you have any questions, please call me at 333-6600 ext. 659. Sharon A. Welch Associate Civil Engineer cc: Building Division City Attorney S T A T E M E CITY OF LODI FINANCE DEPARTMENT Please detach and CITY OF LODI return this Stub with your payment. City Hall 1 221 West Pine Street / P.O. Box 3006 1 Lodi, CA 95241-1910 Bhakta Telephone (209) 334-5634 8121/95 8/21/95 DATE DATE Mr. and Mrs. Suresh Bhakta 1201 E. Lockeford St. E-1317 E-1317 Lodi, CA 95240 INVOICE NO, INVOICE NO. Make your check payable to CITY OF LODI AMOUNT AMOUNT Fees for connection to public sanitary sewer system at 1201 East Lockeford Street Development Impact Mitigation Fees, per attached Development Impact Mitigation Fee $ 805 60 $ 805 60 Summary Sheet Fees per Reimbursement Agreements: 80 S 06 Lift station installation 0.76 AC @ $3,500.00/AC 2,660 00 2,660 00 82 S 01 Sanitary sewer main extension 129 LF @ $12.08/LF 1,558 32 1,558 32 Street pavement installed by City 7,981 1 23 7,981 23 TOTAL $ 13.005 15 $ 13,005 15 RATE PAID FOR WORK TO BE DONE BY THE CITY IS VALID FOR ONE YEAR. S--iAAKI`A9DOC Reminder — Did you include your stub? MEMORANDUM, City of Lodi, Public Works Department 0 To: Chief Building Official From: Associate Civil Engineer - Development Services Date: August 21, 1995 Subject: Construction Application #9299 1201 E. Lockeford Street, Lodi, California CONSTRUCTION REQUIREMENTS: Please add the following construction requirements to the Plans and the Building Permit for the subject project: • Install a cleanout conforming to Standard Plan 201 on the sewer service. FEES: Please collect the following Public Works fees at the time of issuance of the Building Permit: • Wastewater Connection Fee for 2.25 SSU's ($4,722.75). (017.0-752) • Wastewater Service Charges for Work by City: $800.00 for 4 -inch sanitary sewer service (017.0-766) ENCROACHMENT PERMIT: The following work is a condition of the Building Permit and should be marked on the Plans. The work is to be done prior to occupancy under the terms of an encroachment permit from the Public Works Department • None required. ADDITIONAL ITEMS: The following additional items are required of the project and will be handled by the Public Works Department: • Payment of Development Impact Mitigation Fees for saniiary sewer and Reimbursement Agreement fees for sanitary sewer main extension, street paving and lift station installation is required prior to issuance of the Building Permit. Please notify the Development Services Section when the fees to be collected by the Building Division are paid. Thank you, Sharon A. Welch Associate Civil Engineer cc: Mr. 8 Mrs. Suresh 8hakta 9299F.DOC Development Impact Mitigation Fee CITY OF L O D t PUBLIC WORKS DEPARTMENT Summary Sheet Subdivision: n1a Na Tnla File Name ext ! b Parcel: 1201 E. Lockeford Street, Lodi, CA 9299 Address Const. Appl. 0 048-080-0054 APS Devebper/Owner Mr. and Mrs. Suresh Bhakta Nem" 1201 E. Lockeford Street, Lodi, CA 95240 Address Project Description: Conned to public sanitary sewer GP Land Use Category_ M-2 R-1 Parcel Project (if different) Fee Category Account # P RAE I Ad]. F A T 1) WatsrFsdlitles 18.2.681 $ 5.6110.00 1.00 S 5,690.00 0.00 $ 0.00 2) Sewer Facilities - General 17.3-61 $ 1,060.00 1.00 Is 1,050.00 0.76 $ 805.60 - LM Statiot 3) Storm Drainage Facilities 32.6.681 S 7,630.00 1.00 IS 7,630.00 0.00 $ 0.00 4) Street Improvements - Local 327-681 S 5.40.001 1.00 S 5,440.00 0.00 $ 0.00 Street Imorwaments - Regional 33.2-681 S 0.00 5) Police Protection Faa'Ries 121.51161 S 1,130.001 1.00 S 1,130.00 0.00 $ 0.00 6) Fire Protection Facilities 121.6-681 S 540.00 1.00 $ 540.00 0.00 $ 0.00 7) Parts d Recreation Facilities 121.7-661 S 11,830.00 1.00 S 11,830.00 0.00 S 0.00 8) General City Fac. & Prog. Admin. 121.8-681 S 6,830.00 1.00 S 6.830.00 0.00 S 0.00 Total 1-8: $805.60 P = Program Fee. per Residential Acre Equivalent (RAE) per Resolution 91-172. due prior to project approval RAE =Residential Acre Equivalent per LMC 115.64.070. unless adjusted. Adj. = Checked if RAE is adjusted, sea Notes below. F Fee per etre (rounded to nearest !10.00) - P x RAE. A Gross acreage ner LMC 1115.84.020A & 15.64.060 (rounded to nearest 0.01 acre). T = Total Fee for service category = A x F. Date Billed: 821195 Date Paid: i Approved: C Ui>4�� Recorder: (Fee category 1 thru 8) ■ 0 CITY O F LO D I Wastewater Service • PUBUC WORKS DEPARTMENT Cleanout r i ( 6" min. 24" Max. PTE --ww — -j�' P/L ( min. ( Atley R/W r PUE--M--------- --ww1 1 �n��/� Cleanouts on services at easements installed 6" .to 2e outside the easement. EASEMENT SERVICE Cleanouts on services at alleys to be installed 6" to 24" outside the alley R/W or 12" within the alley where structures interfere with on—site- locations. ALLEY SERVICE LOCATION DET'AiLS 4" Plastic threaded cleanout plug. 27x4" Marker Alternate lateral connection. Use two (only) 457 elbows. (by owner). Lateral from house. Conform to City Plumbing Code. (By owner) Dr Support — box with bricks. (Two min.) Install air—tight plug. Terminate even with water stub. r _ R/W 2.5' (tyP) b ww Ex. SWK Cleanouts on services at - streets to he installed between the R/W & B.O.W. STREET SERVICE "BROOKS" No. 1—SP or Sor equal) with concrete SEWER". Set box 1!2" found or adj. flotwork; See Note 5). 4" min. B"max. 4" cleanout riser "CHRISTYNo. F-8 cover marked to 1" above exist flush if in concrete. Install 45' Wye do 457 elbow Combination. 4" Service lateral per Std. Plan 203. NOTES: 1. Install cleanout on all 4" wastewater services unless otherwise specified. 2. 45' Wye do 45' elbow combination shall be Polyvinyl Chloride (PVC) per ASTM D-3034 SDR 35 or Acrylonitrile—Butadiene—Styrene (ABS) per ASTM D-2751, Cast Iron Soil Pipe (ASTM A74, service unit) or Ductile Iron (ASTM A746). 3. Backfill shall conform to Std. Plan 506. 4.'Maintenance of lateral shall be per City "Wastewater Lateral Maintenance Policy' 5. In commercial driveways. Use "Christy" G-5 box W/G—SC lid; in residential driveways replace concrete lid with cast iron lid. Related Plans: 203,506 Ch. Patel Approved By; , �).. �:-z+-43 Vert/ 04�ner 0�1e ., RC. 17701 STD PLAN 201 CITY OF LODI Carnegie Forum - 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: November 1, 1995 Time: 7:00 p.m. Aw For information regarding this notice please contact: Jennifer M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, November 1, 1995 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) to consider appeal received from Suresh Bhakta to waive fee for connection to public sanitary sewer system at 1201 East Lockeford Street, Lodi All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, P.O. Box 3006, at or prior to the Public Hearing. By Order of the Lodi City Council: J; e�ife� . ernn CClerk Dated: October 5, 1995 Approved as to form: r ohn Luebberke Deputy City Attorney JIC ITYURMFORM&NOTGEN. DOC 1013195 �OFt x": Y 9��FOaa Public Hearing - APPEAL OF SURESH BHAKTA (WAIVE FEM On October 5, 1995 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 5, 1995, at Lodi, California. Jennifer M. Perrin City Clerk decmail/forms OF LODI .L. 221 W. PINE ST. :). Box 3006 FOFNIA 95241-1910 the City Clerk Suresh Bhakta 1201 East Lockeford Street Lodi, CA 95240