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HomeMy WebLinkAboutAgenda Report - November 18, 1981 PH (7)PUBLIC HEARINGS Notice thereof having been published and posted in accordance with law and affidavit of publication and posting being on file in the office of the City Clerk, Mayor McCarty called for the Public Hearing to consider the Turner Road and Cluff Avenue Assessment District. Mr. Timothy J. Hachman, Attorney-at-law, Blewett, Garretson and Hachman, 141 E. Acacia Street, Stockton, California addressed the Council outliviag the procedure as set forth by law. TURNER ROAD AND CLUFF AVENUE ASSESSMENT DISTRICT NO. 1 RES. NO, 81-153- 81-157 There were no other persons in the audience wishing to speak on the matter and the public portion of the hearing was closed. Following Council discussion with questions being directed to Staff and to Mr. Hachm an. Council on motion of Councilman Pinkerton. Katnich second, adopted the following resolutions by unanimous vote: TURNER ROAD AND CLUFF AVENUE ASSESSMENT DISTRICT NO. 1 Res. No. 81-153 Resolution Overruling Protests on Resolution No. 81-39 Res. No. 81-154 Resolution ordering changes and modifications in assessments, in Boundaries of Assessment District, and directing Amendment to Engineer's Report and Assessment diagram. Res. No. 81-155 A resolution determining convenience and necessity, adopting Engineer's Report, as amended, confirming assessment, and Ordering the; Work and Improvements. Res. No. 81-156 Resolution Awarding of Contract. Res. No. 81-157 A resolution Awarding Sale of Bonds. RESOLUTION NO. 81 - BEFORE THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA # . TURNER ROAD AND CLUFF-AVENUE ASSESSMENT DISTRICT NO. 1 Y s. RESOLUTION OVERRULING PROTESTS ON RESOLUTION NO. 81-39 RESOLVED, by the City Council of the City of Lodi, California, e that WHEREAS, this Council did on the 15th day of April, 1981, adopt its Resolution No. 81-39, a Resolution of Intention to Acquire and/or ; Construction Improvements in and for said City; WHEREAS, on August 5, 1981, this Council adopted a resolution appointing time and place of hearing protests in relation to the s proposed acquisitions and improvements, and directing notice; WHEREAS, notice was given of the time and place therein stated in the manner provided by law, as appears from the affidavits on file in the office of the City Clerk; WHEREAS, said matter came on regularly for hearing at the time therein fixed; and WHEREAS, all written protests and other written communications were publicly read at said meeting and a11 persons desiring g to be heard were fully heard; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That any and all protests against said acquisitions and improvements were not signed by the owners of a majority or more of the area of the land to be assessed for the improvements in the proposed district. 2. That said protests be, and each of them is hereby, overruled. DATED: November 18, 1981. I. ALICE M. REIMCHE, City Clerk of the City of Lodi, do hereby certify that Resolution No. 81- was passed and adopted at a ' regular meeting of the City Council of the City of Lodi, held -1- November 18, 1981, by the following vote: AYES: Councilmen - NOES: Councilmen - i ABSENT: Councilmen - ABSTENTIONS: Councilmen - ALICE M REIMCHE, City Clerk -2- RESOLUTION NO. 81 - BEFORE THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA TURNER ROAD AND CLUFF AVENUE ASSESSMENT DISTRICT NO. 1 RESOLUTION ORDERING CHANGES AND MODIFICATIONS IN ASSESSMENTS, IN BOUNDARIES OF ASSESSMENT DISTRICT, AND DIRECTING AMENDMENT TO ENGINEER'S REPORT AND ASSESSMENT DIAGRAM RESOLVED, by the City Council of the City of Lodi, California, that WHEREAS, the estimated cost of the improvements under Resolution No. 81-39, a Resolution or Intention to Acquire and/or Construct i Improvements., adopted by the City Council on April 15, 1981, was a total of $1,700,000.00 to be assessed; WHEREAS, following the opening of bids for the work, and the negotiations for the sale of the bonds to be issued upon the unpaid assessments, said assessments should be changed and modified to reflect the reduction in the cost of construction, and the increase in the incidental expenses in connection with the bond discount required; WHEREAS, all owners of property on which the amount of the assessment to be levied thereon must be increased in accordance with said changes and modifications have filed with the City Clerk their written consent to said increase in assessment; WHEREAS, following the protest hearing certain property owners have requested that their properties be excluded from the assessment district, and it appears to be in the best interests of all parties interested that said requests be granted; NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. The total assessment is hereby reduced to $1,588,000.00, and that each of the individual assessments shall be first reduced by its share according to benefits of the reduction in the cost of -1- construction, and thereafter increased by its pro rata share of the increase in bond discount required in the sale of the bonds. 4 • F 2. The proposed boundaries of said assessment district to be f r_ assessed in said proceedings, are hereby described as shown on an r` amended map of said assessment district on file in the office of the City Clerk, which indicates by a boundary line the extent of the territory included in the proposed assessment district, as amended to exclude therefrom those parcels designated in the assessment roll in the Engineer's Report as Assessor's Parcels Nos. 049-080-12, 049-080-13, 049-080-21, and 049-080-22, which map shall govern for all details as to the extent of the district. Reference to such amended map is hereby made for particulars. Said amended map contains the name of the City and a distinctive designation in words or by number of the district shown r thereon, and that said map amends the boundary map for said district, previously filed for record on April 29, 1981 in Book 1, Page 194, of Maps of Assessment Districts, in the office of the County Recorder, San Joaquin County, California. 3. On the original and at least one copy of said map the City Clerk shall endorse her certificate evidencing the date and adoption of this resolution. The Clerk shall file the original of such map in her office, and within ten (10) days after adoption of this resolution, shall file a copy thereof with the County Recorder of San Joaquin County, and shall pay the filing fee required by law in connection with the filing of said map. 4. The Engineer of Work is authorized and directed to make the changes hereinabove ordered in the Engineer's Report and t .- assessment on file herein. DATED: November 18, 1981. I. ALICE M. REIMCNE. City Clerk of the City of Lodi, do hereby certify that Resolution No. 81- was passed and adopted at a -2- regular meeting of the City Council of the City of Lodi, held November 18, 1981, by the following vote: AYES: Councilmen - NOES: ABSENT: ABSTENTIONS: Councilmen - Councilmen - Councilmen - ALICE M. E, City Clerk -3- t i F P i f that RESOLUTION NO. 81 - BEFORE THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA TURNER ROAD AND CLUFF AVENUE ASSESSMENT DISTRICT NO. 1 A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY, ADOPTING ENGINEER'S REPORT, AS AMENDED, CONFIRMING ASSESSMENT, AND ORDERING THE WORK AND IMPROVMVENTS RESOLVED, by the City Council of the City of Lodi, California, WHEP.EAS, on the 15th day of April, 1981, said Council adopted its Resolution No. 81-39, a Resolution of Intention to Acquire and/or Construct Improvements, wherein it determined that the public interest, convenience and necessity required and that it intended to order the acquisition and/or construction of certain improvements therein particularly described, and referred the proposed acquisitions and improvements to the Engineer of Work of said City, he being the officer having charge and control of the acquisitions and improve- ments in and for said City of the kind described in said Resolution, and being a competent person employed by said City for that purpose; WHEREAS, said Council thereby directed said Engineer of Work to make and file with the City Clerk of said City a report in writing in accordance with and pursuant to the provisions of the Municipal Improvement Act of 1913; WHEREAS, said report was duly made and filed with the City Clerk whereupon the Clerk presented it to said Council for consideration; WHEREAS, said Council thereupon duly considered said report and each and every past thereof, and found that it contained all the matters and things called for by the aforesaid provisions of said Act, including (1) maps and descriptions of lands and easements, and a general description of the works or appliances to be acquired, (2) plans and specifications of the proposed improvements to be made, (3) estimate of costs, (4) diagram of district, and (5) an assess,-nent according to benefits, all of which was done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every r part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act and Resolution, whereupon said Council pursuant to the requirements of said Act, appointed, Wednesday, the 16th day of September, 1981, at 8:00 pis. of said day, in the Council Chambers, City Hall, Lodi, California, as the time and place for hearing protests in relation to said proposed acquisitions and improvements, and directed the Clerk of said City to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly posted and published in the time, form and manner required by said Act, as evidenced by the affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place advertised in said notices; WHEREAS, four persons interested, objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, or to the grades at which said work will be done, or to the Engineer's estimate of the costs and expenses thereof, filed written protests with the Clerk of said City at or before the time set for said hearing or presented oral protests at said hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said acquisitions and improve- ments were fully heard and considered by said Council; and said hearing was continued from time to time as provided in said Act; NOW, THEREFORE, said Council does hereby find, determine and order as follows: 1. That the owners of one-half of the area of the property to be assessed for the cost of said project did not at or prior to the -2- time fixed for said hearing, file written protests against the said acquisitions and improvements, or as to the Engineer's estimate of costs and expenses of said project, or against the maps and descriptions, or against the: grades at which said work is proposed to be done, or against the diagram and assessment to pay for the costs and expenses thereof. 2. That any and all protests made either to the question of the public interest, convenience and necessity of making said acquisitions and improvements under said Resolution No. 81-39, or to said proposed acquisitions and improvements, or the grades to which said work is proposed to be done, or to the extent of the assessment district, or the maps and descriptions, or the amount of the several assessments, and all persons desiring to be heard in relation to any of said matters, whether as protestants or otherwise, have been fully heard and considered, and are hereby overruled. 3. That the public interest, convenience and necessity require the acquisitions and improvements in the assessment district as proposed, and Division 4 of the Streets and Highways Code shall not apply. 4. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, is the district described in said Resolution No. 81-39, as modified and amended. 5. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the incidental expenses in connection therewith, contained in said report, as amended, be, and it is hereby finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said acquisitions and improvements. 6. That the plans and specifications for the proposed improve- ments contained in said report, as amended, be, and they are hereby -3- finally adopted and approved as the plans and specifications to vhich said work shall be done as called for in said Resolution No. 81-39. 7.. That the maps and descriptions of the lands and easements to be acquired. as contained in said report, as amended, be, and the same are hereby approved and confirmed. 8. That the public interest, convenience and necessity require, and said Council does hereby order the acquisitions and improvements to be made as described in and in accordance with said Resolution No. 81-39, as modified and amended, on file in the office of the City Clerk, reference to which is hereby made for a more particular description of said acquisitions and improvements and for further particulars, pursuant to the provisions of said Act. 9. That the diagram showing the assessment district referred to and described in said Resolution No. 81-39 as modified and amended, and also the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of said Resolution, each of which subdivisions have been given a separate number upon said diagram, as contained in said report, as amended, be, and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements. 10. That the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements, upon the several subdivisions of land in said assessment district in proportion to the estimated benefits to be received by said sub- divisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto, as contained in said report, as amended, be, and the same is hereby finally approved and confirmed as the assessment to pay the costs and enpenses of said improvements. -4- 11. That the Engineer's Report, as amended, be, and the same is hereby finally approved and confirmed as a whole. 12. That the Clerk of said City shall forthwith deliver to -the Superintendent of Streets of said City the said assessment, as amended, together with the diagram thereto attached and made a part thereof, as confirmed by thip Council, with her certificate of such confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assessment in his office in a suitable book to be kept for that purpose, and shall append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. 13. That said Superintendent of Streets, upon the recording of said diagram and assessment, shall mail to each owner of real property within the assessment district, as amended, at his last known address as the same appears on the tax rolls of the City or on file in the office of the Clerk of said City, or to both addresses, if said address is not the same, or to general delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the date of recordation of said assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued upon the unpaid assessments in the manner provided in the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code of the State of California, the last installment of which bonds shall mature not to exceed eleven (11) years from the second day of July next succeeding ten (10) months from their date, and that the applicable provisions of Part 11.1 of said Act, providing an f alternative procedure for the advance payment of assessments and F. E -5- t calling of bonds, saali apply. That the first principal on said bonds be payable July 2, 1983, principal and interest to be reasonably amortized thereafter, and the proceeds to be invested and interest thereon paid into the reserve fund created for additional security for the payment of said bonds; provided, that at any time said reserve fund shall exceed ten percent (10%) of the then outstanding bonds, said interest shall be paid into the redemption fund of said bonds. 14. That said Superintendent of Streets shall also cause Notice to Pay Assessments to be published once a week for two successive weeks in the Lodi News -Sentinel, a newspaper published and circulated in said City, that said assessment has been recorded, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made within thirty (30) days after the date of recording said assessment, which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assessments as above provided. DATED: November 18, 1981. I. ALICE H. REIMCHE, City Clerk of the City of Lodi, do hereby certify that Resolution No.. 81- was passed and adopted at a regular meeting of the City Council of the City of Lodi, held November 18, 1981, by the following vote: AYES: NOES:. ABSENT: ABSTENTIONS Councilmen - Councilmen - Councilmen Councilmen - RESOLUTION NO. 81 - BEFORE THE CITY COUNCIL OF THE CITY OF LODE CALIFORNIA TURNER ROAD AND CLUFF'AVENUE ASSESSMENT DISTRICT NO. 1 RESOLUTION OF AWARD OF CONTRACT RESOLVED, by the City Council of the City of Lodi, California, that WHEREAS, pursuant to Notice Inviting Bids duly given and published by the City Clerk of the City of Lodi, the Purchasing Agent of the City of Lodi did in open session on the 26th day of August, 1981, publicly open, examine and declare all sealed bids or proposals for the work to be done and improvements to be made, as described in Resolution No. 81-39, a Resolution of Intention to Acquire andlor Construct Improvements, adopted by said Council on April 15 1981, to which resolution reference is hereby made for a description of the work and improvements to be done and materials, supplies and equipment to be furnished therefor; NOW, THEREFORE, IT IS ORDERED as follows: 1. That said Council hereby rejects all of said bids or proposals, except that hereinafter mentioned, and hereby awards the contract for doing the work and improvements and furnishing the materials, supplies and equipment necessary therefor to the lowest responsible bidder, to wit: TEICHERT CONSTRUCTION, Stockton, California, at the unit prices named in said bid. 2. That the Mayor of said City is hereby authorized to make and enter into a written contract with said successful bidder and to receive and approve all bonds in connection therewith, and the City Clerk of said City is hereby directed to attest his signature and affix thereto the official seal of said City. DATED: November 18, 1981. I, ALICE M. REIMCHE, City Clerk of the City of Lodi, do hereby certify that Resolution No. 81- was passed and adopted at a -1- d regular meeting of the City Council of the City of Lodi, held November 18, 1981, by the following vote: AYES: Councilmen - NOES: Councilmen - ABSENT: Councilmen - ABSTENTIONS: Councilmen - ALICE H. REIMCHE, City Clerk that RESOLUTION NO. 81 - BEFORE THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA TURNER ROAD AND CLUFF AVENUE ASSESSMENT DISTRICT NO. 1 A RESOLUTION AWARDING SALE OF BONDS RESOLVED, by the City Council of the City of Lodi, California, WHEREAS, this Council has received a proposal to purchase bonds to be issued to represent unpaid assessments levied ir. the proceedings under Resolution No. 81-39, a Resolution of Intention to A. -quire and/or Construct Improvements, adopted by this Council on April 13, 1981, and that the public interest and general welfare will be served by the acceptance of said proposal; NOW, THEREFORE, IT IS ORDERED as follows: 1. That upon consummation of special assessment district proceedings said bonds be, and they are hereby, ordered sold to WULFF, HANSEN & CO., San Francisco, California, said sale to be subject to all the terms and conditions set forth in said accepted proposal, and that the interest rate of said bonds be, and the same is hereby fixed at the rate stated in said proposal. 2. That the Director of Finance be, and he is hereby directed to have said bonds printed upon the expiration of the cash payment period herein, and that the same be signed, sealed and delivered to said purchaser upon receipt of the amount therefor, in accordance with the terms and conditions contained in said proposal and the proceedings held pursuant to said Resolution No. 81-39, and any amendments thereto. DATED: November 18, 1981. I, ALICE M. REIMCHE, City Clerk of the City of Lodi, do hereby certify that Resolution No. 81- was passed and adopted at a -1- regular meeting of the City Council of the City of Lodi. held November 180 1981, by the following vote: AYES: Councilmen NOES: Councilmen - ABSENT: Councilmen - ABSTENTIONS: Councilmen ALICE H. REIMCHE. City Clerk CITY COUNCIL JAMES A. MCCARTY. Mayor ROSE RTC MURPHY. Mayor Pro Tem RICHARD L. HUGHES WALTER KATNICH JAMES W PINKERTON. If. CITY OF LODI CITY HALL. 221 HEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209) 334.5634 November 6, 1981 HENRY A CLAVES. Jr. City Manager ALICE M REIMCHE City Clerk RONALD M STEIN City Attorney Mr. Timothy J. Hachman Blewett, Garretson and Hachman A Professional Corporation 141 E. Acacia Stockton, CA Re: Turner Road and Cluff Avenue Assessment District Dear Tim: Please be advised that at its regular meeting of November 4, 1981 the Lodi City Council continued the public hearing on the heretofore mentioned matter to November 18, 1981. Your letter of November 2, 1981 was read to the Council and all interested parties were notified by telephone of your request prior to this meeting. Should you have any questions, please do not hesitate to call this office. Very truly yours, Awl e Alice M. Reimche City Clerk AR: dg CITY COUNCIL j JAMES 6 McCARTY. Mayor ROURT G MURPHY. Mayor Pro Tem RICMn:'1) t HUGIIFS WAETfR Kft: *t9CH JAMES W. PINKMe —.9• to Tina Bachman Attorney -at -Law 141 E. Acacia Stockton, CA Dear Mr. Bachman: CITY OF LODI CITY HALL. 221 Wt S1 PIECE SIRtE1 POST OFFICE Box 12t) LOD1. CALIFORNIA 95241 (209) 334-5634 November 27, 1981 HI NRY A G1 AVIS. It City Manahet AT ICI %4 RIIMCKI City Clerk RONALD M STUN City AtIfArwy Enclosed please find a certified copy of each of the following listed resolutions concerning the Turner Road and Cluff Avenue Assessment District No. 1 which were passed and adopted by the City Council of the City of Lodi in a regular meeting held November 18, 19811 1. Resolution No. 81-153 - "Resolution Overruling Protests on Resolution No. 81-39" 2. Resolution No. 81--154 - "Resolution Ordering Changes and Modifications in Assessments, in Boundaries of Assess- ment District,. and Directing Amendment to Engineer's Report and Assessment Diagram" 3. Resolution No. 81-155 - "Resolution Determining Convenience and Necessity, Adopting Engineer's Report, as Amended, Confirming Assessment, and Ordering the Work and Improve- ments" 4. Resolution No. 81-156 - "Resolution of Award of Contract" 5. Resolution No. 81-157 - "Resolution Awarding Sale of Bonds" If you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, Y r I'dAlice k' . Reimche City Clerk AR 1 dg Enc. that RESOLUTION NO. 81-_3 BEFORE THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA TURNER ROAD AND CLUFF-AVENUE ASSESSMENT DISTRICT NO. 1 RESOLUTION OVERRULING PROTESTS ON RESOLUTION NO. 81-39 RESOLVED. by the City Council of the City of Lodi, California, WHEREAS. this Council did on the 15th day of April, 1981, adopt its Resolution No. 81-39, a Resolution of Intention to Acquire and/or Construction Improvements in and for said City; WHEREAS, on August 5. 1981. this Council adopted a resolution appointing time and place of hearing protests in relation to the proposed acquisitions and improvements, and directing notice; WHEREAS, notice was given of the time and place therein stated in the manner provided by law, as appears from the affidavits on file in the office of the City Clerk; WHEREAS, said matter came on regularly for hearing at the time therein fixed; and WHEREAS. all written protests and other written communications were publicly read at said meeting and all persons desiring to be heard were fully heard; NOW, THEREFORE. IT IS ORDERED, as follows 1. That any and.all protests against said acquisitions and improvements were not signed by the owners of a majority or more of the area of the land to be assessed for the improvements in the proposed district. 2. That said protests be. and each of them is hereby, overruled. DATED: November 18, 1981. I. ALICE M. REIMCHE. City Clerk of the City of Lodi, do hereby certify that Resolution No. 81-153 was passed and adopted at a regular meeting of the City Council of the City of Lodi. held 81-153 -1- November 18, 1981, by the following vote: AYES: Councilmen - Hughes, Murphy, Pinkerton, Katnich and McCarty NOES: Councilmen - None ABSENT: Councilmen - None ABSTENTIONS: Councilmen - None Yi ALICE H R C E, City Clerk� -2- 81-153 that RESOLUTION NO. 81- 154 BEFORE THE CITY COUNCIL.OF THE CITY OF LODI. CALIFORNIA TURNER ROAD AND CLUFF AVENUE ASSESSMENT DISTRICT NO. 1 RESOLUTION ORDERING CHANGES AND MODIFICATIONS IN ASSESSMENTS, IN BOUNDARIES OF ASSESSMENT DISTRICT, AND DIRECTING AMENDMENT TO ENGINEER'S REPORT AND ASSESSMENT DIAGRAM RESOLVED, by the City Council of the City of Lodi, California. WHEREAS, the estimated cost of the improvements under Resolution No. 81-39. a Resolution of Intention to Acquire and/or Construct Improvements, adopted by the City Council on April 15. 1981, was a total of $1.700,000.00 to be assessed; WHEREAS, following the opening of bids for the work, and the negotiations for the sale of the bonds to be issued upon the unpaid assessments, said assessments should be changed and modified to reflect the reduction in the cost of construction, and the increase in the incidental expenses in connection with the bond discount required; WHEREAS, all owners of property on which the amount of the assessment to be levied thereon must be increased in accordance with said changes and modifications have filed with the City Clerk their written consent to said increase in assessment; WHEREAS. following the protest hearing certain property owners have requested that their properties be excluded from the assessment district, and it appears to be in the best interests of all parties interested that said requests be granted; NOW, THEREFORE, IT IS HEREBY ORDERED as follows: I. The total assessment is hereby reduced to $1,588.000.00, and that each of the individual assessments shall be first reduced by its share according to benefits of the reduction in the cost of -1- 81-154 construction, and thereafter increased by its pro rata share of the increase in bond discount required in the sale of the bonds. 2. The proposed boundaries of said assessment district to be assessed in said proceedings, are hereby described as shown on an amended map of said assessment district on file in the office of JR the City Clerk, which indicates by a boundary line the extent of the territory included in the proposed assessment district, as j amended to exclude therefrom those parcels designated in the assessment roll in the Engineer's Report as Assessor's Parcels Nos. 049-080-12, 049-080-13, 049-080-21, and 049-080-22, which map shall govern for all details as to the extent of the district. Reference to such amended map is hereby made for particulars. Said amended map contains the name of the City and a distinctive designation in words or by number of the district shown thereon. and that said map amends the boundary map for said district, previously filed for record on April 29. 1981 in Book 1, Page 194, of Maps of Assessment Districts. in the office of the County Recorder. San Joaquin County, California. 3. On the original and at least one copy of said map the City Clerk shall endorse her certificate evidencing the date and adoption of this resolution. The Clerk shall file the original of such map in her office, and within ten (10) days after adoption of this resolution.. shall file a copy thereof with the County Recorder of San Joaquin County, and shall pay the filing fee required by law in connection with the filing of said map. 4. The Engineer of Work is authorized and directed to make the changes hereinabove ordered in the Engineer's Report and assessment on file herein. DATED: November 18, 1981. I. ALICE M. REIMCHE, City Clerk of the City of Lodi. do hereby certify that Resolution No. 81- 154 was passed and adopted at a -2- 81-154 regular meeting of the City Council of the City of Lodi, held November 18, 1981. by the following vote: AYES: Councilmen -Hughes, Murphy, Pinkerton, Katnich and McCarty NOES: Councilmen -None ABSENT: Councilmen -None ABSTENTIONS: Councilmen -None ALICE . REIGH , City C eterW- -3- 81-154 RESOLUTION NO. 81-155 BEFORE THE CITY COUNCIL OF THE CITY OF LODI. CALIFORNIA TURNER ROAD AND CLUFF AVENUE ASSESSMENT DISTRICT NO. 1 A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY. ADOPTING ENGINEER'S REPORT, AS AMENDED, CONFIRMING ASSESSMENT, AND ORDERING THE WORK AND IMPROVEMENTS RESOLVED, by the City Council of the City of Lodi, California, that WHEREAS on the 15th day of April, 198-1. said Council adopted its Resolution No. 81-39. a Resolution of Intention to Acquire and/or Construct Improvements. wherein it determined that the public interest, convenience and necessity required and that it intended to order the acquisition and/or construction of certain improvements therein particularly described, and referred the proposed acquisitions and improvements to the Engineer of Work of said City, he being the officer having charge and control of the acquisitions and improve- ments in and for said City of the kind described in said Resolution, and being a competent person employed by said City for that purpose; WHEREAS. said Council thereby directed said Engineer of Work to make and file with the City Clerk of said City a report in writing in accordance with and pursuant to the provisions of the Municipal Improvement Act of 1913; WHEREAS. said report was duly made and filed with the City Clerk whereupon the Clerk presented it to said Council for consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof, and found that it contained all the matters and things called for by the aforesaid provisions of said Act, including (1) maps and descriptions of lands and easements, and a general description of the works or appliances to be acquired, (2) plans and rpecifications of the proposed improvements to be made, (3) estimate of costs. (4) diagram of district, and (5) an assessment -1- 81-155 according to benefits, all of which was done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act and Resolution. whereupon said Council pursuant to the requirements of said Act, appointed, Wednesday, the 16th day of September. 1981, at 8:00 p.m. of said day, in the Council Chambers, City Hall. Lodi, California, as the time and place for hearing protests in relation to said proposed acquisitions and improvements, and directed the Clerk of said City to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly posted and published in the time, form and manner- required by said Act. as evidenced by the affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place advertised in said notices; WHEREAS, four persons interested, objecting to said acquisitions and improvements. or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and description=s. or to the grades at which said work will be done, or to the Engineer's estimate of the costs and expenses thereof, filed written protests with the Clerk of said City at or before the time set for said hearing or presented oral protests at said hearing, and all persons interested desiring to be heard were given an opportunity to be heard., and all matters and things pertaining to said acquisitions and improve- ments were fully heard and considered by said Council; and said hearing was continued from time to time as provided in said Act; NOW, THEREFORE, said Council does hereby find, determine and order as follows: 1. That the owners of one-half of the area of the property to be assessed for the cost of said project did not at or prior to the -2- 81-155 time fixed for said hearing, file written protests against the said acquisitions and improvements, or as to the Engineer's estimate of r_ costs and expenses of said project, or against the maps and descriptions, or against the grades at which said work is proposed N to be done. or against the diagram and assessment to pay for the costs and expenses thereof. 2. That any and all protests made either to the question of the public interest. convenience and necessity of making said acquisitions and improvements under said -Resolution No. 81-39, or to said proposed acquisitions and improvements, or the grades to which said work is proposed to be done. or to the extent of the assessment district, or the maps and descriptions. or the amount of the several assessments, and all persons desiring to be heard in relation to any of said matters, whether as protestants or otherwise, have been fully heard and considered, and are hereby overruled. 3. That the public interest, convenience and necessity require the acquisitions and improvements in the assessment district as proposed. and Division 4 of the Streets and Highways code shall not apply. 4. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, is the district described in said Resolution No. 81-39, as modified and amended. 5. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the incidental expenses in connection therewith, contained in said report, as amended, be, and it is hereby finally adopted and approved as the Engineer's total and detailed estimate of the costs and.expenses of said acquisitions and improvements. 6. That the plans and specifications for the proposed improve - meets contained in said report, as amended, be, and they are hereby THE FOREGOING DOCUMENT K CERTIFIED To BE A CORRECT COW OF THE ORIGINAL ON FILE IM - 3 - TALI$ OFFICE. OOREEN'GAUGEL DEPUTY MY CLERK. CITY OF I= F _ L 91-155 finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution No. 81-39. 7. That the maps and descriptions of the lands and easements to be acquired, as contained in said report, as amended, be, and the same are hereby approved and confirmed. 8. That the public interest, convenience and necessity require, and said Council does hereby order the acquisitions and improvements to be made as described in and in accordance with said Resolution No. 81-39. as modified and amended, on file in the office of the City Clerk, reference to which is hereby made for a more particular description of said acquisitions and improvements and for further particulars. pursuant to the provisions of said Act. 9. That the diagram showing the assessment district referred to and described in said Resolution No. 81-39, as modified and amended, and also the boundaries. and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of said Resolution, each of which subdivisions have been given a separate number- upon said diagram, as contained in said report, as amended, be, and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements. 10. That the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements, upon the several subdivisions of land in said assessment district in proportion to the estimated benefits to be received by said sub- divisions, respectively. from said acquisitions and improvements, and of the expenses incidental thereto, as contained in said report, as amended. be, and the same is hereby finally approved and confirmed as the assessment to pay the costs and expenses of said improvements. -4- 81-155 11. That the Engineer's Report, as amended, be, and the same is hereby finally approved and confirmed as a whole. 12. That the Clerk of said City shall forthwith deliver to the Superintendent of Streets of said City the said assessment, as amended, together with the diagram thereto attached and made a part thereof, as confirmed by this Council, with her certificate of such confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assessment in his office in a suitable book to be kept for that purpose, and shall append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. 13. That said Superintendent of Streets, upon the recording of said diagram and assessmenc, shall mail to each owner of real property within the assessment district, as amended, at his last known address as the same appears on the tax rolls of the City or on file in the office of the Clerk of said City, or to both addresses, if said address is not the same, or to general delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the date of recordation of said assessment, the time and place of payment thereof. the effect of failure to pay within such time, and a statement of the fact that bonds will be issued upon the unpaid assessments in the manner provided in the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code of the State of California, the last installment of which bonds shall mature not to exceed eleven (11) years from the second day of July next succeeding ten (10) months from their date, and that the applicable provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and -5- 81-155 calling of bonds, shall apply. That the first principal on said bonds be payable July 2, 1983, principal and interest to be reasonably amortized thereafter, and the proceeds to be invested and interest thereon paid into the reserve fund created for additional security for the payment of said bonds; provided, that at any time said reserve fund shall exceed ten percent (10%) of the then outstanding bonds, said interest shall be paid into the redemption fund of said bonds. 14. That said Superintendent of Streets shall also cause Notice to Pay Assessments to be published once a week for two successive weeks in the Lodi News -Sentinel, a newspaper published and circulated In said City. that said assessment has been recorded, and tha-t all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made within thirty (30) days after the date of recording said assessment. which date shall be stated in said notice. and of the fact that bonds will be issued upon unpaid assessments as above provided. DATED: November 18, 1981. I. ALICE H. REIMCHE. City Clerk of the City of Lodi. do hereby certify that Resolution No. X31-155 was passed and adopted at a regular meeting of the City Council of the City of Lodi, held November 18. 1981, by the following vote: AYES: Councilmen - Hughes,. Murphy, Pinkerton, Katnich and McCarty NOES: Councilmen - None ABSENT: Councilmen None ABSTENTIONS: Councilmen - None /I L ALICE M REIMCHE, City Clerk -6- 81-155 that RESOLUTION NO. 81-156 BEFORE THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA TURNER ROAD AND CLUFF'AVENUE ASSESSMENT DISTRICT NO. 1 RESOLUTION OF AWARD OF CONTRACT RESOLVED. by the City Council of the City of Lodi, California, WHEREAS. pursuant to Notice Inviting Bids duly given and published by the City Clerk of the City of Lodi, the Purchasing Agent of the City of Lodi did in open session on the 26th day of August, 1981, publicly open. examine and declare all sealed bids or proposals for the work to be done and improvements to be made, as described in Resolution No. 81-39., a Resolution of Intention toto Acquire and/or Construct Improvements, adopted by said Council on April 15. 1981, to which resolution reference is hereby made for a description of the work and improvements to be done and materials, supplies and equipment to be furnished therefor; NOW. THEREFORE, IT IS ORDERED as follows: 1. That said Council hereby rejects all of said bids or proposals, except that hereinafter mentioned. and hereby awards the contract for doing the work and improvements and furnishing the materials. supplies and equipment necessary therefor to the lowest responsible bidder, to wit TEICHERT CONSTRUCTION, Stockton, California, at the unit prices named in said bid. 2. That the Mayor of said City is hereby authorized to make and enter into a written contract with said successful bidder and to receive and approve all bonds in connection therewith, and the City Clerk of said City is hereby directed to attest his signature and affix thereto the official seal of said City. DATED: November 18, 1981.` I. ALICE M. REIMCHE, City Clerk of the City of Lodi, do hereby certify that Resolution No. 81- 156was passed and adopted at a -1- 81-156 regular meeting of the City Council of the City of Lodi, held November 18 1981 by following 'vote: followin vote: AYES: Councilmen - Hughes, Murphy, Pinkerton, Katnich • and McCarty NOES: Councilmen - None ABSENT: Councilmen - None ABSTENTIONS: Councilmen - None -KL-ICE RE MC'E, City Clerk -2- RESOLUTION NO. 81-157 BEFORE THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA TURNER ROAD AND CLUFF AVENUE ASSESSMENT DISTRICT NO. 1 A RESOLUTION AWARDING SALE OF BONDS RESOLVED, by the City Council of the City of Lodi, California, that WHEREAS, this Council has received a proposal to purchase bonds to be issued to represent unpaid assessments levied in the proceedings under Resolution No. 81-39, a Resolution of Intention to Acquire and/or Construct Improvements, adopted by this Council on April 15 1981, and that the public interest and general welfare.will be served by the acceptance of said proposal; NOW, THEREFORE, IT IS ORDERED as follows: 1. That upon consummation of special assessment district proceedings said bonds be, and they are hereby, .ordered sold to WULFF, HANSEN & CO.,San Francisco, California, said sale to be subject to all the terms and conditions set forth in said accepted proposal, and that the interest rate of said bonds be, and the same is hereby fixed at the rate stated in said proposal. 2. That the Director of Finance be, and he is hereby directed to have said bonds printed upon the expiration of the cash payment period herein, and that the same be signed, sealed and delivered to said purchaser upon receipt of the amount therefor, in accordance with the terms and conditions contained in said proposal and the proceedings held pursuant to said Resolution No. 81-39, and any amendments thereto. DATED: November 18, 1981. I, ALICE M. REIMCHE, City Clerk of the City of Lodi, do hereby certify that Resolution No. 81- 157was passed and adopted at a -1- regular meeting of the City Council of the City of Lodi, held November 18, 1981, by the following vote: AYES: Councilmen - Hughes, Murphy, Pinkerton, Katnich • and McCarty NOES: Councilmen - None ABSENT: Councilmen - None ABSTENTIONS: Councilmen - None E M. REIMCHEj'City Clerk -2- ` ui,i: F. IIANSLN a- Co. - 90....-.-60 .03. INVESTMENT SECURITIES 201 SANSOME STREET. 7"" FLOOR SAN FRANCISCO 941-04 1.418) 421.8900 November 17, 1981 NEARLY HALF A CENTURY HELPING CALIFORNIANS City Council Municipal f=inanchir City of Lodi California Specht Assessment RE: Turner Road & m u r f Avenue ana Revenus 00nos Assessment District No . 1 We hereby offur to Purchase all. but not less than all bonds to be is-ul•d by the City or Dodi according to the cl Special dtsI t/ Improvement Bend Act or 1915 of the State of California (after proceedings under the Municipal Improvement Act of 1913) to represent the cost or acquisitions and Coln"W04' improvements in the Turner Road and Cluff Avenue Assess- Bf10us1lal Resraentlel event District Numitta r 1. Hospital Pi0"c We make this offer under the following terms and conditions: S~ OWIry Sower Amount or Bonds: Maximum $1,588,000.00 water Form of Bonds: Payable to bearer, 5M denomina- C%OA tions due serially with semi- Wwa annual interest coupons attached. Ughtln0Dralnep The odd lot bond to be in the Traffic control 1983 maturity. All bonds are to Parkhv be registrable and deregistrable mews trialmail$ Peru as to principal and interest. !°an0 Interest Coupon Rate: 10.00'x. Recreet►on Ratlnsrlclnp RMorala+ Price: 81% of par value with accrued Dm*n4 interest. Mcla>u�son Term: 12 vears. NEARLY HALF A CENTURY HELPING CALIFORNIANS 0 November 17, 1981 City of Lodi. Page Two Maturity Schedule: Serially from 7-2-83 to 7-2-94 as shown below: 103M in 1983 and 135M in the years 1984 through 1994 in- clusive. Date of Bonds: December 23, 1981. Foreclosure Clause: City to covenant to initiate and vigorously pursue foreclosure proceedings to be initiated 120 days after delinquency occurs. Reserve Fund: The City shall establish from the proceeds of the bonds a reserve fund equal to 7`b of the principal amount of the bond's. In estab- lishing stab-lishing the amount to be deposited in the reserve fund from the pro- ceeds of the bonds, we have considered the ;applicability of the obligation of the City to accuptulate in the reserve fund all proceeds from investments in said reserve fund until the total of the fund reaches 15% of the principal amount of the bond issue less any discount plus accrued interest. In this instance the reserve fund has been initially established as set forth above, which amount (taking into account retention of the estimated proceeds from investment of monies in said reserve fund) we deem reasonable for this issue and necessary to market the bonds at competitive market rates. Place of del ivi-ry: Treasurer's office or as agreed by City Treasurer and the under- signed. November 17, 1981 City of Lodi Page Three Time of Delivery: Redemption Premium: Legal Opinion: Expiration: Paying Agent: JPD/hdk On or after December 23, 1981, but in no case after December 29, 1981. 5% of principal. Blewett, Garretson & Nachman, Stockton, California, without qualification and without expense to us This offer shall be accepted at your November 18, 1981 City Council meeting. A major bank with main offices in San Francisco and Los Angeles. Very truly YoUpPS J. Paul Dumont Senior Vice President Idly CMNCIL JAMES A. McCARTY, Mayor ROBERT G. MURPHY. Magor Pro Tem RICHARO L. IIUGHES WAITER KATNICH IAMES W. PINKERTON. It. GENDA ITEM "i" — Turner Road right-of-way. CITY O F L O F (Additional information) January 21, 1982 CITY HAIL. 221 WEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209) 334-S634 Mr. Ron Judson 2306 Corbin Lane Lodi, California 95240 RE: Turner Road Widening Dear Ron: Thank you very much for taking me to lunch on Thursday, January 21, 1982. 1 wanted to try to recap the nature of our conversation. As you will note from the cc's, I am sending a'copy of this letter to the City Council so that they can also be privy to our conversation. It is my understanding that the people whom you represent would ask the City Council to widen Turner Road and to con- demn the right-of-way over the Jerome and Snell properties and if the appraiser whom the City hires to appraise the taking of the right-of-way from the Jeromes and Snells de- termines that it would be to the City's advantage to take the whole of the Jerome and Snell properties, that the people whom you represent would be willing to pay to the City the cost of the ex,•ess take (the home and land minus the value of * the right. -of -way) . ► Further, the people whom you represent are willing to pit in the street.; curb, gutter and sidewalk on the right-of-way for the City. Further, it is my understanding that the people you repre- sent would ask that if the City were able to sell and remove the homes that are located on the Jerome and Snell property, that the City would give to the people whom you represent, credit for whatever the City was able to sell the two homes for. In our discussion, I mentioned the possibility of the people whgm you represent purchasing the homes from the Jeromes and Snells directly and it was your concern that if they were able to purchase said homes, that the City under present policy would require them to dedicate the right-of-way and put in the street. What I suggested to you was that perhaps the City would be willing to purchase the right-of-way from the individuals whom you represent rather than requiring you to dedicate the right-of-way to the City. N c Mr. Ron Judson 1/21/82 - Page Two One concern that I mentioned during our conversation was if the City were to condemn the Jerome and Snell right-of-ways, that the appraiser might not feel that it is necessary to take the complete properties and this would be of no advan- tage to the people whom you represent. I hope that this adequately represents our conversation and I would certainly appreciate your confirming in writing that it does. If you have any questions regarding this matter, please feel free- to call upon me. Sincerely yours, RONALD M. STEIN CITY ATTORNEY RMSovc cc: Honorable Mayor and Council t