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HomeMy WebLinkAboutResolutions - No. 08-18-1919bCity mall, Lodi, Cal., August 13, 1919. The Board of Trustees of t:Ze City of Lodi convened in raou- iarBassi;:: at 8 o'clock p.m., t__ere being present Trustees Black, Bale, Crose, _tont no leery and 1-01 t,head. Uinutea o: the previous ...=etinc -,dere read and approved. Building per?:.ita were wanted as follows: _ra. Myers, dwellin , block 13, Barn -'art Tract. Frarxis Erickson., dwelling, lot 161 block C, Ba.rrlart Tract. Sus�ui A. Bawden, addition: to dwelling, lot 6, block 14. T. K. Paul, dwelling, lot 13, blocs 47, Bri_rzr Keeney Add. Iles perrin, adaition to dwelling, 205 S. Sacramento St. The matter of consideration of protests aoairst the work and it ,rovement conterplated under Resolution of Intention No. 24, having been postponed and continued from August llt h to 3 o'clock P.m. tris date, Attorney Glenn West presentee a further protest and remonstrance against the paving of 5Falrut Str-aet, In the City of Lodi a2_C addressed the Board in support of same, Attorneys L. Levinsky addressed the Board in support of pr ,tests of Central California Traction Company, Central Pacific Railway Ccrpa:y and Southern Pacific Company against work and Im- prover. -a_ provided for by Resolution of Intention. 130. 24. RESOLUTION OVERRULING PROTEST. the Board of Trust=es of the City of Lodi, did, on th � 21st Clay of duly, A.D. 1919, pass its Resolution of Intention fto. 24, tc order certain street work to be done ani improvements to be made in sai..t city, under and in pursuance of the "Improve - ma: -.t Act of 191111, the r_ames of the streets and highways proposed to be ir:L,roved and the to-a;ion and ci.aracter of saia proposed ,work ming described it said Resolution of Intention, which is here_,,, expressly referred to for further particulars, and :i-. RFAS, certain 0:7ners of property liable to be assessed for said work made written protest or objections in writing and deliv red the same to the Clerk not later than the =our set for -,rearing suci. objection, to-r*,rit,- S o'clock P.M. on Monday, the 1,1th dwy of August, A.D. 1919; and FIr^_RFAS, the consideration Of aa.id protests amd the ma: ter of oruer-*> said rroposed work set forth in said Resolution -of fantention, were regularly posypored and continued until th_s 13th day of August, A.D.1919, at the hour of 8 o'cloca P.B. and said m-atters.:;orLing on regularly to be heard, the Board of Trustees pro- .ceeda,' -.c-:--ear the same, and all of said protests or objections having Baer_ duly heard and considered., and said Board being re- quired to pass upon the sa=e, it is hereby,- I?ESOLVED, by the Board of Trustees cf the City of Lodi, that allof the said protests and objections against said pro- posed ;perk or i-,.provement, be, and the same ase hereby ovzrruled and Ce:.ied. _SOLVED, further, that said Board finds that said protests are rade by the owners of less than one-half of the area of the property to be assessed for said iriprovements. The foregoing resolution was adopted by the following vote: Ayes: Trustees Crose, Hale, Montgomery, Morehead and Black. Noes. None. Absent : None. RF.SMUTION ORDERI_TG THE WORK. RESOLVED, that whereas the Board of Trustees of the City of Lod1, did, on the 211t day of ju]y, A.. D. 19..9, pass its Resolution_ Of Int?._tion Pio. 24, to or:er the :ereinafter daaeribea work to be dors and ir^provemert to be made in said City, Lich Resolution of Intention pas duly atd 1?gally published as req'.;ired by law, as appears from the affidavit of publication in the Lodi Sentinel doby C. E. Percival, now on file in the office of trig City Clerk Of the City of Lodi; arc: wh=reas, notices of the passage of said Res=lution of Intention No. 24, headed "PiOTICE OF IMPROGI'a_;T" :,ere Luly a � 1=_Zally posted aloe the lir:2 of said contenmlated work cliii:-CtieL'irnl ar in frorit �>f all tfh? property liable t0 one asses - __ed t'a-refor, and On ewh anLi every street and hi_ way Jr-. the assess- me:t district d=scribed in said Resolution of Intention, in ti~A, for,:, n anter and rag::ber as r :qudred by law, aft?r the pass_:z;-� of ac11C 2�Qso l;.tion of Inta�r:ticn, as app�ars iron; tin -9 affidavit Of H.B. SOL= -..'1, v/:i0 Tao~ally 70sted t!1'. 3a?n', c'. no, .O, upon tn.,? comf?la- t lion. o: .id .oti:es, filed said affi:iavit in t -h e office of said City Clzzk, »ir. oat._ that he coTMpl?tek tY:a postir;Z of said no- tices on th? zsti. :fay of Tu1y, A.D. 1919; and 1U',RF;,S, all gr otests or objections presented ',_ave been dis- posed of in tire, form and manner as required by law,- the Board of '_rlr3teea ravin-a round that said protests v.—re Blade b,r the oiiners Of _. less t",,&_ One-hlf of the area of the rop-prt;y `o b -a assessed for saia iapr;,veients, arra. said Board having, no -w acquired jurisdiction to or," -:r the proposed irnprovevent , it is hereby, - RESOLVED, that the public interest and convenience reeuira thz 'r0.S -:arein^_ described and the 3oard Of Trustees Of tom= City of T-cdi, by Order -he following ;turd to be done and i -u rovement• to be rade in avid City, to -wit That Walnut Street, In said City, street. and avenues intersecting the same from the East line of Hutchins Street (2) By constructing hydraulic con• and terminating therein. to the West Una of Lee Avenue and Crete curbs and gutters of the com- ' EXCEPTING, however, from all of from the East line of Lee Avenue, to bined type along each side of the the herein -above described work, such the West line of Sacramento Street, roadway of said Walnut Street. portion as is required by law to be and from the East line of Sacramento (3) By paving the roadway of said - kept in order or repair by any person : Street to a line 247.5 feet East of and Walnut Street, between the gutter or company having railroad tracks parallel to the West line of Sacramen• lines, with a pavement consisting of thereon; and excepting also from all j to street; and from a line 234.5 feet one and one-half (1%) inches of War- of the hereinabove described work, West of and parallel to the East line remits Wearing Surface, laid on an any of said work already done to the of Main street, to the City Limits on asphaltic concrete base two and one- official grade. the East, being the West line of Cher- balf (23(,) inches In thickness. All of said work shall be done in ac- okee Lane, (4) By constructing sidewalk up- cordance with the plana and specifi- BE IMPROVED: preaches to each of the East and West cations heretofore adopted for doing (1) By grading the roadway and - curbs on each of the intersections of said work and now on file in Abe .Surb and gutter spaces of said Walnut said Walnut Street with all streets office of the City Clerk: AAd_ r+� k proposed to be done on the respective atraets, av- enues and "igways aforementioned Is described as beir._- between cer- Min lines, it includes the doi rg of all Such work upon the street intersections and ter -U ations between such lines, unless otherlvise sh0?yn- on ttA Dlans; providing;, hoWeVer, that ary duplication In such description a all be 1„7,ored. Attention is also called to the Warranite License Mixture Agreemelt for Califor:'ria, executed by Warr?n Brothers Comr-,anyp the anz holder of the patents and processes covering the said War- renite Pavei~ent, whit?: ag-reemei-t is o-, file 1n the office of the City Clerk, and is hereby expressly referred to for greater cer- taii ty. mrd, whereas, said contemplated work and Improvement,, 1n the opinion of the Board of Trustees, is of more than local or ordinary public benefit, said Board i-leraby rakes the expense of said work or Improvement, Chargeable upon a dis-.rict, which district said Board hereby declar?s to be the district benefitted by said Wort and irr- provema nt, and to be assessed to pay the cost and expenses thereof; Whie h said district is bounded and described as follows: Co'mmenefmg a pofnf on t5 -e' -Frust '-�� a point oa the same lla.t+ fest he -shove mention wog an - line of Hutchins Street where aline South Of the South line of Walnut ;provemen•t, the said streets, avenues 'paralNorthel to and 170 feet North of the line of Walnut Street would in '.. to said city, and Street; thence Westerly on a straight ` beiagiia Has for thus performance Of �teraeet said East line -of Hutchins i line to a point on the et line of , Cherokee Street 126.5 tent South of ; public tnnction, to -wit- is use as public j Street, and running thence Easterly .' the South line of Walnut Street. .stream avenues and alleys. on and along said parallel Una and dis- -thence continuing Westerly on 8__-> And it fr further ordered and notice ; tont 170 feet North of the North line straight line to a point on the East -is hereby given that serial bonds to : Of Wabtnt Street to the iatertection 'line of Hutchins Street 340 feet South represent unpaid assessments, and of the Feat line Chemic -'Street . e1 the South line of Walnut $treat• 'her interest at the rate of seven per th es line of the alley run• thence Northerly and along said East" cent (796) per annum will be issued Hing East asd West between { Walnut fine of Hutchins Street to the point of tt( hereunder in the manner provided by sad Oak Streets; thrice con beginning. .. .. F the Improvement Bond Act of 1915, {h�E11a1eterly along the South line of said ? said ey to the intersection of its produo• ' PRppm�, nevertheless, that tb: and Acts Amendatory thereto, the last on with the West line of Cherokee installment of which bonds shell ma- atreets, avenues and alleys situate -tore nine years from the 2nd. day of - lane, it being the East limits of said within said district shall be omitJuly. next succeeding nine months City of Lodi; thence Southerly and : •trom any assessment made or I from their date i -0.7nRQ agid City Limits of said City or : _ for paying the costs and expenses _ , - This Resolution is adopted pursuant to the provisions of those ` certain cts Of tre LeZislature of the State of California, desigrlat-- ed rasp.:�Ctively as the "Im_.rovement Act of 1911", and the alnprovte- mer_t Bond Act of 1917", and acts amendatory thereto. The City Clerk ishereby directed to post a rotice of said work tooet er with the plan and specifications therefor, C=Spi=OUSly for five days on or near the Council C-hai`iber door, inviting sealed proposals or bids for doing the Work ordered. ire is also 'directed to publish t2rzea ti ;es, a ,notice ir_viting such proposals, and referring to t _e speeifl,aticn posted or or file, in = LODI SENTIi4BL, a tri-r,ee!:Z, nevisYa_er published and circulated in said City of Lodi, and ..., ec desi hatea for that purvose, said paper being the offi- y oi&l of the Said O ty o_' Lodi. Th= fore;oino, rri3olution ordering the work provided for in Re Olutic of Intention T+. 2'4 was adopted by t"re follc; irg vote: r'_yes*. LfOnt,-70T.erV, HalS, Crose, Uora'r_aad and Black. Noes: gone. absart: ;lone. Attorney A. L. Levirsky filed - written protest Of Otintra.l Pa- cific Ra' l:aay CoriYany anal Souther:Pacific Co:acary a;ginst the worn, _::_ ^G'v fie t contamplat'3C'.' under Res3lution of Inte__tion .io. 25 _ and adwrizised the Board in su—port of said protest. P.E?OL �'_ 011j.. OVERRULING PROTF,ST. �Y:, MDtS, the ?oard of Truste�a o= ti.� City Of Loci did on t e 2Zt:': day Of July, _..D. 1919, pass its R�solution Of Intention NO.25, t0 order certain street ';ork to be dona auqd I r. rovement to be _-Ade in said City, under and. In Oursuance3 of the ict of 191111, th-,, _.awea of the streets and highf.-aya pro_rosea to be improved and t � location and character of said proposed '}'iorJ being described in sai;: Resolution of Intention, 6,.rhlc`.^_ is hereby 43_ressly r9ferreu to _Or i-rther particulars, and +::irrAS, certain ow-ers of prop -arty liable to b= assessed for .said rrork, made written, protest or ob; ectiorys in w—. iting and deliv- er - sa=e to the Clark not later than the i our Set for r.eariro su is ob 4-c tion., and izIER.F.:AS, at the time set for nearing protests or objections, t^e a,ard of Trustees proce-ded to ::ear the Sana, and all of said protests or objections havir_- been ::eard and duly considered, and said 3osrC. ',einZ required to pass u_on the sa-e, it is hereby RESOLVED, by the Board Of Trustees of the City of LOdi,t at all of tie said protests and objections agair_st said work dr�d Im- Y, be ,and the same arz� hereby overruled and ceried. RESOLVIO, farther, the said Board finds that said protests are mada ty tfi2 vrin:!rs Of less ,,:.an one -.calf of the area Of t:^_e ,'ropsr t',' to be assessed for said i _^,rovP,mants. T-"-.-2 fore olr.; resolution was passed by the follc6tiir-n vote; Ayes: Trustees hale, 31ontZormry, Crone, K=ehead and Black. Yoa0 'NO r Absent: None. RESOLUTION ORDERING THE ':;OB:':. RESOLED, that w-iereas, the 3,,:rd of Trustees of the City of Lodi, dia or, the 26th day of July, A.D.1919, pass its Resolution of lnte tio:: *:c. 25, to order .. e hereinafter dascribed :work to be done aril i_::pr_;ement to be .,ale in said City, which Resolution of Inten- tion c;aa duly and leerily published as rewired by law, as appears from the affidavit of publi:ation in THE LODI SENTINEL, made by Geo. E. ': ocre, r_oc: on file in the office of the City Clerk of said City of Lodi; and W:',Ty^M,-'-S, notices of the passa=e of Sall Resolution of Inter.- tion No. 25, headed "NOTICE OP I:itPIROVE��P7T" ivere duly and leE"Ally xosted alonz the line of said contemplated work and improvement and in fro..t of allthe property liable to be assessed therefor, and on each and every street and highway In the assessment district de- SCribed in said Resolution of Intention, in time, form, manner and ra ter as r9quired by la,}, after th!� passage of said Resolution of Intention, as appears fron the affidavit of H. B. COLOMAN, wno personally posted tae s; MR, and vrr_o, upon tne co rpletion of the post - in; of said notices, filed said affidavit In .he office of sari City Clary:_?i'_� oath that f'_2 completed t h� postlYZ. of said -notices on th, Ott'_ -,i ay o: nLl 'Ls' , r,. D. 1919; and 'WrER:AS, all protests Or objections ?rlsentced, _nave been did- 20sed Of in time, .form arcs r:-_rr:ar 3.s required by law, t.ha Boc1r1 of 'rushes _.a;j'inz7 found that said protests war, zade by t_ e` ozr ers. of lass than 0 - alf Jf t,,. ar-2a of the l:ropertyy to be assessed for sail J: 'r:OV.',Cl�rt3, and said Board _aViil� now acquired .1,=-Isdiction to or; - ---r t e proposal improvem _ , it is .araby,- RESOL4-D, that the p=ibli iYi.?rc'3t�arsl convenience require t__4ascribad and the Board oI' Trustees of +.-,:-e City of