HomeMy WebLinkAboutMinutes - August 25, 1947189
COU14CIL CHANSEURS CITY COUNCIL
CITY HALL - CITY OF LODI
110NDAv, AUGUST 25, 1947
Pursuant to the adjournment taken from its regular meeting of August 20th,
the City Council of the City of Lodi met in adjourned regular session at 8:00
o'clock F.U. of gonday, .august 25, 1947, Councilmen Haskell, Lytle, Riggs,
Tolliver and Rinn (Mayor) present, none absent.
The minutes of the m:: -ting of :august 20th were read, approved as read and
so endorsed by the Mayor.
The principal purpose of this meeting being to hear protests arlainst the
location and operation of works for the disposal of garbage and rubbish by the
City on the land purchased from Fredrickson and Watson Construction Company near
the Live Oak District, Mayor Rinn invited Mr Joseph C. Tope, attorney for a
Co.mittee of Property Owners from that district to address the Council.
Hr Tope introduced ;,-.embers of the protesting property owners and outlined
their reasons as set forth in a coiaplaint filed by -them in the Superior Court
of San Joaquin County and in 'the issued by the Court
in compliance thereto. Ir Tope further alleged that the operation of the proposed
works would depreciate property values in the Live flak District, pollute the
water supply from shallow wells and, in flood seasons, wash garbage and offal on
the neighboring properties.
J. F. Lehman, Clerk of Live Oak School District Board of Trustees spoke on
behalf of that school, stating that a recent bons issue of $160,000 for a new
school building had been predicated on increases in population in the district
and that establishment of the City's works would deter any one from building
in its vicinity.
Peter Robustelli, proprietor of the merchandise store at Live Oak Road and
Cherokee Lane endorsed the statements of previous speakers as did -Messrs Mattingly
and Dyer.
'payor Rinn then detailed previous efforts of the City Council to acquire
a refuse disposal site in another locality, abandoned because -of right of way
difficulties and other undesireable functional features, assuring the protest -
ants that the City contemplated and would operate its works in the most approved
sanitary manner so that no nuisance wogld occur. City attorney Glenn Wiest
stated that state laws provided ample protection against a reuse disposal plant
becoming offensive or dangerous to health.
After discussion of the impending hearing to show cause why the City should
not be enjoined from operating its refuse disposal works at the proposed locat-
ion between lir ;fest and MY Tope, it was moved by Councilman Lytle, Tolliver
second, that Mr West enter a stipulation to the effect that the hearing set for
August 27, 1947 by the Judge of the Superior Court, Department 2, San Joaquin
County to show cause why the City should not be temporarily restrained dur_ng
pendancy of action, from operating this garbage disposal works, be postponed to
such a time as either party -therein might elect after.at.leasten days notice
given to the other party. ' Doiion1cal•ri.scleand`pr6testtselift�iesr62i�i:_- �r.s s to f,r
Resolution No. 13551 a resolution authorizing and containing therein -'Z^
agreement with the Board of Supervisors of San Joaquin County providing for
the removal of earth piled on two county roads adjacent to the new garbage dis-
posal site by either the City of Lodi or by Fredrickson and .iatson Construction
Company under certain conditions was regularly introduced, read and adopted by
the following vote:
AYES: Courcil.zen, Lytle, To' -liver, Riggs, Haskell and Rinn
NOES: Councilmen, None. ,aBS NT: None.
At 10:10 o'clock P.M. the City Council adjourned on motion of Councilman
Riggs., to and until 8:00 P.M. of +lednesday, August 27, 1947.
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