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HomeMy WebLinkAboutResolutions - No. 1008n the.CityCouncil City of , L'odi Lodi,. California WHEREAS,, this.CityCouneil'didreoeive'.a petition on the ,7th day of September, 1939,.wherein.it, was:askedthat,;certain lands.. therein described be.annexed.to and made.apart of the City of.'Lodi,: such proposed territory to be.•,des.ignated as "TWELFTH ADDITION"., for the. purposes of said annexation,'due'publication of no.ti'ce...to circulate, the .same being ev.idenced,.by -affidavit on -filewith the, :City Clerk of :this City, 'and,,, WHEREAS,: the City Clerk compared the signatures annexed,. to said petition with those on the original affidavits of regis- tration on file with the County Clerk of San Joaquin County and as a result of said comparison, the said City Clerk reported in writing that the petition was signed by,more -than .one-fourth of the qualified electors residing within the. territory so; petitioned to be annexed to the City of Lodi and thereafter, and on the 22nd day of September, 1939 this City Council did pass and adopt its Resolution No. 1006 declaring the intent of this City. Council to order, call and conduct an election within not less than fifty (50) days from and after the adoption of said Resolution, and, among other things, said Resolution No. 1006did designate .and give notice that objections of owners of real property located within the boundaries of the territory proposed to be annexed would be heard before this City: Council in its Council Chambers, City,. Hall, City of Lodi, atthe hour of 8:00 o'clock P.M. on Wednesday, the 18th day of October, 1939, and, ,WHEREAS,•no persons appearing to beheard. and no protests either ,written or; oral having been.presented'.or filed up to and including the day and hour so set for hearing, and;' WHEREAS, publication of said Resolution No.1006 and the notice to real property owners; contained therein was:had,.in- time, form and manner as:re.quired by law in :.THE LORI TIMES, a newspaper of general circulation printed and published in the City of Lodi, (there being no newspaper published`within .,the boundaries of.the'district proposed, for annexation), as is evidenced'by' the affidavit of Ruth S Durfey, principal''.clerk of the publisher,.of ,said The, Lodi Times on file and of record 'five of ,the>City.Clerk,.of,.;this ;City,, now therefore;' BEIT RESOLVED, that this Cit,y,Council does hereby' find, determine and'declare.that:,said:petition for:'.annexation', was. regularlycirculated,:.si'gned=,and'fil,ed and was'.' signed` by not.less than one-fourth, of the qualified electors;r:esi'ding' within the territory proposed for, annexation;' THAT, said' Resolution. NO. 1006was-.regularly.. published intime, form and manner, as required by law and that due notice . was given therein of the time and, place,, of the hearing ;of -real. property owners against said annexation; Special Proceeding No. 1006 THAT, no protests were received by this CityCouncil at the time set for hearing and therefore this City ouncil now has jq.risdiction to call, order and conduct an,electi n on the question of the annexation of said territory within the boundaries thereof and such election is hereby ordered and called to be held on TUESDAY, the 28th day of NOVEMBER, 1939 for the purpose of submitting to the qualified electors residing therein, the question whether the territoryd Scrib d as follows, shall be annexed to and iaaae a part of theLity oef Lodi and from the date off such election shall be taxed equally with property within the present City or' Lodi for payment of principal and interest on bonds issued and outstanding at the date of such election. The territory herein proposed for annexation and within which said election shall be held and conducted is particularly bounded and described as follows: Commencing on the point of intersection of the present westerly boundary line of the City of Lodi with the north line of West Lockeford Street and running thence Westerly on and along the said north line of West Lockeford Street to it s intersection with the northerly continuation of the west line of Lot Six (6) in Block Thirteen (13) of Hutchins Addition to Lodi; thence Southerly on and along the said west line of Lot Six (6) and its northerly continuation to a point five hundred forty six (514.6) feet northerly from the center line of West Oak Street, (the said center line being also the south line of said Lot Six (6); thence West- erly parallel to and distant five hundred forty six (546) feet northerly from the said center line of West Oak Street to the west line of the SE 4 of Sect. 2, T311, R6E; thence Southerly five hundred seventy six (576)3feet on and along the said west line to the south line of West Oak Street projected westerly; thence Easterly, on and along the said south line of West Oak Street to its intersection with the present westerly boundary line of the City of Lodi; taence Easterly, Northerly, Easterly and Northerly on and along said westerly boundary line to the point of beginning. Said territory, next hereinbefore described, is hereby designated "TWELFTH ADDITION" for the r;urpose Of identification. by which name said territory shall be referred to and so indicated upon the records and ballots to be used at said election. The electors resident in said territory and qualified to vote therein are hereby directed to vote in the following manner. Upon the ballots to be used at such election, there shall be printed the words "Shall Twelfth Addition be annexed to, incorporated in and made a part of the City of Lodi, and the 'property therein be, after such annexation, subject to taxation equally with the property within said municipal corporation to pay that portion of the bonded indebtedness of the City Of Lodi issued and outstanding at the date of the filing of the petition for annexation; to- nit issued and. outstanding oon`1h 74 dented of September , 1;?39" . Oppos e ie se orc s r -2- 1 Special Proceeding No. 1006 the words "Yes" and "No" and to the right of these last two words shall be a voting square. If an elector shall stamp a cross (X) in the voting square after the printed word "Yes" the vote of said elector shall be counted in favor of the annexation of the territory referred to in such proposition to the City of Lodi under the conditions therein stated, and if an elector shall stamp a cross (X) in the voting square after the word "No" the vote of such elector shall be counted against such annexation. The ballots used at such election and the holding and conducting of said election, shall be in conformity, as near as may be, with the laws of this state concerning general elections, except as othervrise herein provided. The polls shall be open from 6:00 A.M. to 7:00 P.M. of said day. The judges and inspector of such election for each polling place shall, immediately on the closing of the polls, count the ballots, make up, certify and seal the ballots and tally sheets of the ballots cast at their respective polling places, doing so, as nearly as practicable in the manner provided in the laws of this state relating to general elections, and they shall thereupon clel iver the ballots, tally sheets and returns to and deposit the same with the City Clerk of this City. The bonded indebtedness of the City of Lodi herein- before referred to, issued and outstanding at the date of the filing of the petition for annexztion, at the date of the first publication of the notice of election, and on the date herein set for said election, the purposes thereof, the principal araounts outstanding and the interest rates thereon are as follows: Improvement bonds of 1921 issued for $,;200,000 of which there is still outstanding Z114.,000 bearing interest @ �' 54/% per annum incurred. for the acquisition, construction and completion of additions to water system, storm and sanitary sewers, additional fire mains and additional equipment for the municipal electric plant. Improvement bonds of 1923 issued for $100,000 of which there i s still outstanding Z,;>>20,000 bearing interest @ 5% per annum inetured for the acquisition, construction and completion of a sewage disposal. plant. Sample ballots and polling place czrds contzining the matter required to be printed. thereon. shall be mailed to the electors of said territory by the City Clerk but the failure on the part of any elector to receive said sample ballot shall not be held to invalidate the election or affect in any manner the legality thereof. There shall be one voting precinct within said. territory for the purpose of holding said special election, which voting precinct is hereby established by this City council for that purpose and designated "Election Precinct No. 1" the boundaries of which shall be co -extensive with the boundaries of the territory herein proposed to be annexed to the City of Lodi. The voting place at which the polls will be open for said special election in said territory shall be at T.S. Howen's Garage, 720 West Lockeford Street, Lodi, California, there being no place commonly used as a voting place in said territory. Bpecial Proceeding No. 1006 The officers to conduct said special election in and for said precinct are hereby appointed and designated as follows: Inspector: Judge : Judge : Mrs. Josie Culbertson Mrs. Martha Howen Mrs. Marina Wassink each of the foregoing election officers being a qualified elector in said voting precinct. The City Clerk will cause proper notice of this election to be published at least once a week for four successive weeks next preceding the date of this election in the "STOCKTON RECORD" a newspaper of general circulation printed and published outside the City of Lodi but in the County of an Joaquin and hereby designated by this City Council for the purpose, such notice to be substantially in the following words: Special- Proceeding No. 1006 NOTICE OF SPECIAL FT R1:110N NOTICE IS HEREBY GIVEN that, in response to a petition for annexation and pursuant to law and proceedings heretofore had, a special election is hereby called and ordered to be held on Tuesday, the 28th day of November, 1939, within the territory hereinafter described, for the purpose of submitting to the qualified electors residing therein the question whether said territory shall be annexed to and made a part of the City of Lodi, and, from the date of such election, be taxed equally with property within the present City of Lodi to pay that portion of the bonded indebtedness of said City issued and outstanding at the date of the first publication of this notice, Said territory shall. be designated as "TWELFTH ADDITION" and shall be so named on the ballots to be used at said election and is particularly bounded and described as follows: Commencing on the point of intersection of the present westerly boundary line of the City of Lodi with the north line of West Lockeford Street and running thence westerly on and along the said north line of West Lockeford Street to its intersection with the northerly continuation of the west line of Lot Six (6) in Block Thirteen (13) of Hutchins Addition to Lodi; thence Southerly on and along the said west line of Lot Six (6) and its northerly continuation to a point five hundred forty six (5L6) feet northerly from the center line of West Oak Street, (the said center line being also the south line of said Lot Six (6); thence Westerly parallel to and distant five hundred forty six (511.6) feet northerly from the said center line of West Oak Street to the west line of the SE 4 of Sect. 2, T3N, R6E; thence Southerly five hundred seventy six (576) feet on and along the said west line to the south, line of West Oak Street projected westerly; thence Easterly, on and along the said south line of West Oak Sreet to its intersection with the present westerly boundary line of the City Of Lodi; thence Easterly, .Northerly, Easterly and Northerly on and along said westerly boundary line to the point of beginning. -5- Special Proceeding No. 1006 The bonded indebtedness of said City, above referred to, at the date of the filing of the petition for annexation, at the date of the first publication of this notice and at the date herein set for said election is as follows: Improvement Bonds of 1921 issued for $200,000 of which there is still outstanding 114.,000 bearing interest at 5g% per annum incurred for the acquisition, construction and completion of additions to water system, storm sewers, sanitary sewers, ad- ditional fire mains and additional equipment for the municipal electric plant. Improvement Bonds of 1923 issued for $100,000 of which there is still outstanding the sum of $20,000 bearing interest at 5% per annum incurred for the acquisition, construction and completion of a sewage disposal plant. The electors resident in the said territory and qualified to vote therein are hereby directed to vote in the fol- lowing manner. Upon the ballots to be used at such election there shall be printed the words "Shall Twelfth Addition be annexed to, incorporated in and made a part of the City of Lodi, and the property therein be, after such annexation, subject to taxation equally with the property within such municipal corp- oration to pay that portion of the bonded indebtedness of the City of Lodi issued and outstanding at the date of the filing of the petition for annexation: to -wit, issued and outstanding on the 7th day of September, 1939", opposite these words there shall be printed the words "Yes" and "No" and to the right of each of these last two words there shall be a voting square. If an elector shall stamp a cross (X) in the voting square after the printed word "Yes" the vote of such elector shall be counted in favor of the annexation of 'the territory referred to in such proposition to the City or Lodi under the conditions therein stated, and if an elector shall stamp a cross (X) in the voting r. Special Proceeding No. 1006 square after the word "No" the vote of such elector shall be counted against such annexation. The ballots used at such election and the holding and conducting of such election, shall be in conformity, as near as may be, with the laws of this state concerning general elections, except as herein otherwise provided. The polls shall be open from 6:00 A.K. to 7:00 P.M. of said day. The judges and inspector of such election for each polling place shall, immediately on the closing of the polls, count the ballots, make up, certify and seal %heballots and tally sheets of the ballots cast at their respective polling places, doing so, as nearly practicable, in tho manlier provided in the laws of this State relating to general elections, and they shall thereupon deliver the ballots, tally sheets and returns to and deposit the same with the City Clerk of this City. Sample ballots and polling place cards containing the matter required to be printed thereon shall be mailed to the electors of said territory by the City Clerk, but a failure on the pert of any elector to receive such sample ballot shall not be held to invalidate the election or affect in any manner the legality thereof. There shall be one voting precinct within said territory for the purpose of holding said special election, which voting precinct is hereby established by this City Council for that purpose and designated "Election Precinct No, 1", the boundaries of which shall be coextensive with the boundaries Of the territory herein proposed to be annexed to the City of Lodi. The voting place at which the polls will be open for said special election -7- Special. Proceeding No. 1006 in safd territory shall be at J. S. Howen's Garage, 720 West Lockeford Street, Lodi, California, there being no place commonly used as a voting place within such territory. The officers to conduct said special election in and for said voting place in said territory are hereby appointed and designated as follows: INSPECTOR : Mrs: Josie Culbertson, 935 West Oak St. JUDGE: Mrs. Martha Howen, 720 West Lockeford St. JUDGE: Mrs. Marina Wassink, Rt. 2, Box 33 each of the foregoing election officers being a qualified elector of said voting precinct. This Notice i s given pursuant to Resolution No. 1008 of the City Council of the City of Lodi as adopted by said City Council on October 18, 1939, and in accordance with the "Annexation Act of 1913" and amendments thereto. J. F. BLAK.ELY, City Clerk. -8- Special Proceeding No. 1006 I, J. F. BLAKELY, City Clerk of the City of Lodi do hereby certify that the foregoing Resolution No. 10Q%was passed and adopted at a regular meeting of the City emir c i 1 of said City held Wednesday, October 18, 1939 by the following vote: AYES : Councilmen, Graffigna, Weihe, Clark, Spooner and Steele None None NOES : ABSENT: Councilmen, Councilmen, -9 -