HomeMy WebLinkAboutResolutions - No. 989 ER1I1 t.ut V.S. Vcyr
City of Lodi
Lodi, California
RESOLUTION_ N0,__Q8.9
WHEREAS this City council of the City of Lodi, County
of San Joaquin, State of California did receive a petition on the
6th day of February, 1939 wherein it was asked that certain lands
therein described be annexed to and made a part of the City of Lodi,
such annexed territory to be designated as "BECKMAN ADDITION" for
the purposes of such annexation, and;
WHEREAS the City Clerk compared the signatures annexed
to said petition with those on the original affidavits of regis-
tration on file in the office of the County Clerk of an Joaquin
County and as a result of such comparison, the said City Clerk
has reported in writing that the said 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
thereupon this City Council.:ciid pass and adopt its Resolution
No. 987 declaring the intent of this City Council to order, call
and conduct an election within not less than fifty days from and
after the adoption of said Resolution and, among other things,
said Resolution No. 987 did designate and give notice that objectgons
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 Monday, the 6th day of March, 1939,
and;
WHEREAS, publication of said Resolution No. 987 was had
in time, form and manner as required by law in the "Lodi News -
Sentinel" 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 D. B. Rinfret, principal clerk of
the publisher of said Lodi News -Sentinel on file and of record
in the office of the City Clerk, and;
WHEREAS, one objection in writing has been filed with
the City Clerk and has been submitted by him to this City Council,
said objection representing the owners of one separate parcel
of real property as displayed on the current assessment roll of
San Joaquin County, which assessment roll shows that there are in
all sixteen (16) separate parcels of real property located in
the district proposed for annexation hereinafter described, now
therefore,
BE IT RESOLVED: that this City Council does hereby
find, determine and declare that said petition for annexation was
regularly circulated after due publication of notice to circulate
the sante signed and filed and was signed by not less than one-
fourth of the qualified electors residing within the territory
proposed for annexation;
That Resolution No. 987 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 hearing of property owners
against such annexation;
That the protests which were received by this City
Council or filed with the City Clerk wherein owners of real
property within the district proposed for annexation objected to
such annexation constituted less than a majority of the owners
of separate parcels of real property in said district and which
protest is hereby overruled and denied and thereford, this City
Council now has jurisdiction to call, order and conduct an election
on the question of annexation within said territory and such
election is hereby called and ordered to be held on Tuesday, the
Lith day of April, 1939 for the purpose of submitting to the qualified
electors residing therein, the question whether the territory
bounded and described as follows, shall be annexed to and made
part of the City of Lodi and from the date of such annexation,
shall be taxed equally with property within the present City of
Lcdi 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:
All of the lands included within the exterior
boundaries of that certain tract o land designated on
a certain map or plat entitled "PLN CF BECKMAN'S SUB-
DIVISION OF A PORTION OF THE S.W. OF SECT. 12, T3N,
R6E, IN SAN JOACLUIN COUNTY" which map was filed for
record February 11, 1892 in the office of the County
Recorder or San Joaquin County, California.
Said territory, next hereinbefore described is hereby designated
"BECKMAN ADDITION" for the purpose of identification by which name
said territory may be referred to and indicated upon the ballots
to be used at said election.
The electors resident in the said territory and qualified
to vote therein ere hereby directed. to vote in the following
manner. Upon the ballots to be used at such election there shall
be printed the words "Shall Beckman 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 witn the property within such municipal corporation to
pay that portion of the bonded indebtedness of the City of Lodi
issued and outstanding at the Gate of the filing of the petition
for annexation: to -wit, issued and outstanding on the 6th day
of February, 19,9", opposite these worsts 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 of Lodi under the conditions therein stated, and if an
elector shall stamp a cross (X) in the voting square after the
word "Nb" the vote of such elector shall be counted against
such aniiexati.on.
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 AM. 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, going 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.
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 annexation, on 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 amount
outstanding and the interest rates thereon are as follows: -
Improvement Bonds of 1921 issued for $200,000 or" which
there is still outstanding $47,000 bearing interest
54 per annum incurred for the acquisition, construction
and completion of additions of water system, storm
sewers, sanitary sewers, additional fire mains and ad-
ditional equipment for the municipal electric plant.
Improvement Bonds of 1923 issued for 8100,000 of
which there is still outstanding the sum of 4025, 000
bearing interest C 5% per annum incurred for the
acquisition, construction and completion of a
sewage disposal plant.
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 preeinct within.said territory
for the .purpose of holding said special election, which voting
precinctis 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 J. W. Doty.Residence -
Quinby Avenue - R. F. D. 2, Box 155,, 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: John W. Doty
JUDGES: .Joseph A: Whitley and James.S. Colvin
each of the for.dgoing election.officers being a qualified elector
of said voting precinct.
The City Clerk of this City will ,cause proper notice
of this. election to be published at least once a week for four
successive weeks next preceeding 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
San Joaquin and hereby designated; by this City'Councii for the,
purpose, such notice to be in substantially -the following words:
NOTICE OF SPECIAL ELECTION
NOTICE .IS HEREBY GIVEN that, in response to a petition
for annexatic n, and pursuant to law and proceedings heretofore had,
a .spe-cial.:e1E ction is hereby called and .ordered to be held. on
Tuesday, ,the 4th day of April, 1939 within the territory here-
inafter deem ibed, 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 U5 t y issued and outstanding at the date of the first
puhlicai ion of this notice.
Said territory shall be designated as 'BECKMAN ADDITION"
and shall be so named on the ballots to be used at said election
and is particularly bounded and described as follows: -
A 11 of the lands included within the exterior boundaries
of that certain tract of land designated on a certain
map or plat entitled "PLOT OF BECKMAN'S SUBDIVISION CF
A PORTION OF TI -IE S.W. CF SECT. 12, T3N, R6E, IN SAN
JOAQUTN COUNTY" which map was filed for record February
11, 1892 in the office of the County Recorder of San
Joaquin County, California.
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'':i:ssued .for $200,000 of which
there is still outMtandi'i g $ 47, 000 bearing interest @
5-6 per annum incurred tor the acquisition, construction
and completion of additions to water system, storm sewers,
sanitary sewers, additional 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 25:,000 bearing-
interest
earing.interest @ 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 t'o'vote in the followidg,manner.
Upon the ballots to be used at 'auch.election-there, shall'be'printed'
'.the
and
be,
wordshall BECKMAN ADDITION be annexed t:o,,'incor...porated in
Made a part of the,. Cit y. of Lodi; . and the property therein
after;such annexation, subject to taxation equally with the
property within such municipal corporation to pay that portion
of the bonded indebtedness of the City of Lodi issued and out-
standing at the date of. the filing of: the petition for annexation
to -wit, issued and outstanding on the 6th day of February, 1939",
opposite these words there shell 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" thevote of
such elector shall be counted in favor of the annexation of the
territory referred to in such 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 ofsuch election, shall be inconformity, 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.M. to 7:00 P.M. of said day. The judges and inspector
of such election for each polling place shall, lmediately 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
doing so, as nearly practicable, in
-respective polling place's,
the manner provided in the laws of this State relating to general
;elections, and they sh9.il` 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 beprinted thereon shall be mailed to the
electors of said territory by'the City Clerk, but a failure on
the part ,;ofany elector to receive such sample ballot shall not
be held to invalidate theelection or affect :in any manner the
legality thereof.
There shall be one voting precinct within said
territory for the purpose ofholding 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 anne
xed 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 J. VV. Doty
Residence - quinby Avenue, R. F. D. 2, Box 155, 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: John W. Doty
JUDGES= J. A. Whitley and James S. Colvin
each of the foregoing election officers being a qualified elector
of said voting precinct.
This Notice i s given pursuant to Resolution No. 989
of the City Council of the City of Lodi. as adopted by said City
Council on March 6, 1939 and in accordance with the "Annexation
Act of 1913" and amendments thereto.
I, J. F. BLAKELY, City. Clerk 'of.'the ,City of
Lodi do hereby certify that the foregoing
Resolution No. 989 was duly passed and
adopted at a regular meetingg .of the City
Council held Monday, NIarch 6, 1939 by the
following vote
AYES: Councilmen, Clark, Graffigna, Spooner,
Weihe and Steele
NOES; Councilmen, . None,
ABSENT: Councilmen, None