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HomeMy WebLinkAboutResolutions - No. 1018In the City Council City of Lodi Lodi, California ABSOLUTION NO. 1018 Special Proceeding No. 1011 WHEREAS, this City Council did,. on the 15th day of November, 1939, receive a petition wherein it was asked that certain lands therein described be annexed to and made a part of the City of Lodi, to be designated as "THIRTEENTH ADDITION", for h u oses of said annexation,, due publication of notice of intention to circulate said petition being evidenced by affidavit on file with 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 petltioned to be annexed to the City of Lodi and thereafter, and on the 6th day Of December, 1939 this City Council did pass and adopt its Resolution No. 1011 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. 1011 did 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 at the hour of 8:00 o'clock P.M. on Wednesday, the 3rd day of January, 1940, and, WHEREAS, no persons appearing to be heard and no rotests 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. 1011 and the notice ID real property owners contained therein was had in time, form and manner as required by law in THE LODI 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 in the office of the City Clerk of this City, mw therefore; BE IT RESOLVED, that this City Council does hereby find, determine and declare that said petition for annexation was regularly circulated, signed and filed and was signed by not less than one-fourth of the qualified electors residing within the territory proposed for annexation; THAT, said Resolution No. 1011 was regularly published in time, 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. 1011 THAT, no protests were received by this City council at the time set for hearing and therefore this City Council now has jurisdiction to call, order and conduct an election 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 30th day of JANUARY, 194.0 for the purpose of submitting to the qualified electors residing therein, the question whether the territory described as follows, shall be annexed to and made a part of the City of Lodi and from the date of such election, shall be taxed equally with property within the present City of 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 at the point of intersection of the present northerly boundary line of the City of Lodi with the east line of North Church Street, and running thence Northerly on and along the said east line of North Church Street and its northerly projection to the north line of the Woodbridge Road (Turner Road), thence Westerly on and along the said north line of Woodbridge Road to a point on the same distant 1021.65 feet west- erly and 4.70feet northerly from the NW corner of the NE * of Section 2, Township 3 North, Range 6 East, (such point being the SE corner of the land of L. T. Mason in the SW Ti . of Section 35, Township North, Range 6 East) , thence Northerly along the East line of L. T. Mason and its Northerly projection on a course N 00 21' W to a point on the south bank of the Mokelurnne River, thence Westerly, down stream, along the south bank of said river, following the meander line thereof, to the northwest corner of the lands of the City of Lodi commonly designated "Lodi Municipal Lake Park", thence Southerly, following the Westerly boundary line of said park lands to a point on the township line between Townships 4. North and 3 North, M. D. B. & M., thence Westerly along the said township line to its intersectfon with the northerly boundary line of the right of way Of the Woodbridge Branch Railroad line of the Southern Pacific Company, thence southeasterly along the said northerly boundary line of said right of way toits intersection with the west line of the NE g of 2, Township 3 North, Range 6 East, thence Northerly along the said west line to Its intersection with the south line of Louie Avenue in "Burr's Addition to Lodi" extended westerly, thence Easterly, on and along the said south line of Louie Avenue and its westerly extension to its intersection with the east line of Grant Avenue in said Burr's Addition, thence Easterly, Norther 1y, Easterly, Northerly and Easterly following the present boundary line of the City of Lodi to a point on the west line of North Church Street, thence southerly along the said west line of North Church to its inter- section with the north line of Louie Avenue, thence Easterly, across North Church Street to the east line thereof and the point of beginning of the district of lands herein described. -2- Special Proceeding No. 1011 Said territory, next hereinbefore described, is hereby designated "THIRTEENTH ADDITION" for the purpose of identification, by which name said territory shall be referred to and so indicated upon the record 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 Thirteenth 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 -wit, issued and outstanding on the 15th day of November 1939". Opposite these words there shall be printed the words "'Yes and "Na 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 "Nd' 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 otherwise 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 asracticable in the manner provided in the laws of this state relating to general elections, and they shall thereupon deliver the baalots, tally sheets and returns to and deposit the same with the ity Clerk of this City. The bonded indebtedness of the City of Lodi he ein- before referred to,. issuedr and outstanding at the date of the filing of the petition for annexation, 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 amounts outstanding and the interest rates thereon are as follows: Improvement bonds of 1921 i s s e d for $200,000 of whi h there is still outstanding `/44,000 bearing interest 5 % 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 tie municipal electric plant. Improvement bonds of 1923 issued for $100,000 of which there is still outstanding $20,000 bearing interest 5% per annum incurred for the acquisition, construction and completfon of a sewage disposal plant. -3- Special Proceeding No. 1011 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 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 electron, whichvoting 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 territosg 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 Park Office, Lodi Municipal Lake Park, Lodi, California, there being no place commonly used as a voting place in said territory. The officers to conduct said special election in and for said precinct are hereby appointed and designated as follows: Inspector: Judge: Judge : George M. Hughes, R.F.D. 2, Box 199, Lodi Mrs. Jennie A Burlington, R.F.D. 2, Box 19, Lodi Mrs. Veda D. Haskell, RFD. 2, Box 420A, Lodi each of the foregoing election officers being a qualified elector in said voting precinct. The City Clerk w i 11 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 "STOCIZON RECORD" a newspaper of general circulation printed and published outside the city of Lodi but in the county of San Joaquin and hereby designated by this City Council for the purpose, such notice to be substantially in the following words: Special Proceeding No. 1011 NOTICE (;f4- SPECIAL ELECTION 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 30th day of January, 19I0, 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 "THIRTEENTH ADDITION' and shall be so named on the ballots to be used at said election and is particularly bounded and described as follows: Commencing at the point of intersection of the present northerly boundary line of the City of Lodi with the east line of North Church Street, and running thence Northerly on and along the said east line of North Church Street and its northerly projection to the north line of the Woodbridge Road (Turner Road), thence Westerly on and along the said north line of Woodbridge Road to a point on the same distant 1021.65 feet west- erly and 101.70 feet northerly from the NW corner Of the 4 of Section 2, Township 3 North, Range 6 East, (such point being the SE corner of the land of L. T. Mason in the SV 4 of Section 35, Township 11. North, Range 6 East), thence Northerly along the East line of L. T. Mason and its Northerly projection on a course N 0° 21' W to a point on the south bank of the Mokelumne River, thence Westerly, down stream, along the south bank of said river, following the meander line thereof, to the northwest corner of the lands of the City of Lodi commonly designated "Lodi Municipal Lake park", thence Southerly, following the Westerly boundary line of said park lands to a point on the township line between Townships North and 3 North, M. D. B. & M., thence Westerly along the said township line to its intersection with the northerly boundary line of the right of way of the Woodbridge Branch Railroad line of the Southern Pacific Company, thence Southeasterly along the said northerly boundary line of said right of way to its intersection with the west line of the NE 4 of Section 2, Townsh.3.p 3 North, Range 6 East, thence Northerly along the said west rine to Its intersection with the south line of Louie Avenue i n "Burr's Addition to Lodi" -5- Special Proceeding No. 1011 extended westerly, thence Easterly, on and along the said south line of Louie Avenue and its westerly extension to its intersection with the east line of Grant Avenue in said Burr's Addition thence Easterly, Northerly, Easterly, Northerly -and Easterly following the present boundary line of the City of Lodi to a point on the west line of North Church Street, thence Southerly along the said west line of North Church to its inter- section with the north line of Louie Avenue, thence Easterly, across North Church Street to the east line thereof and the point of beginning of the district Of lands herein described. 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 $14,000 bearing interest at 51r 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 X20,000 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 Thirteenth 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 15th day of November, 1939", opposite these words there -6- Special Proceeding No. 1011 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 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 such election, shall be in conformity, as near as may be, with the laws of this stato concerning general elections, except as herein otherwise 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 practicable, in the manner 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 part 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 -7- Special Proceeding No. 1011 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 in said territory shall be at Park Office, Lodi Municipal Lake Park, 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: George M. Hughes, R.F.D. 2, Box 199, Lodi JUDGE : Mis. Jennie A. Burlington, RFD. 2, Box 19, Lodi JUDGE : Mis. Veda D. Haskell, RTD. 2, Box 1420A, Lodi each of the foregoing election officers being a qualified elector of said voting precinct. This Notice is given pursuant to Resolution No. 1018 of the City council of the City of Lodi as adopted by said C1t7 Council on January 3, 19L0, and in accordance with the "Annexation Act of 1913" and amendments thereto. J. F. BLAKELY, City Clerk. Special Proceeding No. 1011 I, J. F. BLAKELY, City Clerk of the City of Lodi do hereby certify that the foregoing Resolution No. 1018 was passed and adopted at a regular meeting of the City Council of said City held Wednesday, January 3, 1940 by the following vote: AYES: Councilmen, NOES: Councilmen, ABSENT: Councilmen, ( SEAL) -9- City Clerk.