HomeMy WebLinkAboutMinutes - January 31, 1938 SM12
COUNCIL C L I.B RS -- CiTY COUNCIL
CITY HALL -- CITY OF LODI
Monday, January 31, 1936
On call of the i•ayor, the City Council of the City
of Lodi ret in special session at 7:00 o'clock P.L. of
'Monday, January 31, 1958, Councilmen Clark, Craf_isna, Spooner,
Vieihe and Steele present, none absent. All members of the
Council sinned Waier of "otice and consent to Special i..eeting
and the Mayor announced that the purpose of the meeting was
the consideration of the filing of a stipulation to be entered
by attorneys for the City in the case now pending in the
Superior Court, City of Lodi, Plaintiff vs. East Bay Municipal
Utility District, Defendant.
Resolution No. 945 as prepared and submitted by
Attorneys Glenn Vie st and Robert E. Searls was introduced
on motion of Councilman V.eihe, seconded by Co.ncilman Craffigna,
read by the Clerk and fully considered and discussed by the
Council, its attorney and the City engineer.
RESOLUTiO;:0. 945
BE IT RESOLVED, By the City Council of the City of
Lodi, County of San Joaquin, State of California, that,
whereas there is nov; pending in the Superior Court of the
State of California, in and for the County of San Joaquin,
a certain action numbered 22,415 and entitled "City of Lodi,
a Municipal Cor•:oration, Plaintiff, vs. East . ay Lunicipal
Utility District, a rublic corporation, et al, Defendants;
now therefore, Robert L. pearls and Glenn est, as attorneys
for said City of LOCI, be and t_^_ey,as such attorneys, and
for and on behalf of said city, are hereby authorized and
directed to sign, execute, deliver and file with said court
in said action, a stipulation in the words and figures
f ollowinc, to -wit:
"IN THE SUPERIOR COURT O THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF Sri: JOr'_ ;3IN .
---eDo---
CITY OF LODI, )
a :municipal corporation, )
Plaintiff, ) No. 22,415
vs. )
) STIPULATION.
EAST BAY 1._J ;ICIPAL UTILITY DISTRICT, )
a public corporation, et al, )
Defendants. )
)
"IT IS HEREBY STIPULATE AND AGREED by and between
CITY OF LCDI (herein referred -to as "Plaintiff") and EAST BAY
laTIICI?AL UTILITY DISTRICT (herein referred to as "Defendant")
that, subject to the crovisions hereinafter contained, the
static grounds water level to which the wells of plaintiff may
be lowered without substantial danger to plaintiff's water
supply, allowing an adequate safety factor in favor of plain-
tiff, is mean sea level. Said static ground water level of
plaintiff's wells shall be ascertained by determining the
average level of be water table within the area embraced
within Sections 1, 2, 11 and 12, Township 3 North, Rangy 6
East, and Sections 6 and 7, Township 5 North, Range 7 East,
M. L. B. and M., , by measurements made during the first ten
days of January of each year in wells situated within said
area, care being taken to eliminate pumping in.said wells forr
a sufficient period to allow the water therein to return to
its static level. The average static ground water level so
determined shall be deemed to be the static round water
level of Dlaintiff's wells.
13
CG,_..,_L G-L.-BEHS -- CITY CU` i`iCIL
CTTY HALL -- CITY 0' LORI
Lo^day, January 31, 195c
"+,herever the static =round .rater level of
plaintiff's wells, as so :measured, falls to or below sea
level (determination of sea level to be made by j. S. ;:. 3.
data) and remains at or below sea level for a period of one
- ear thereafter (determination of such fact to be made by
similar measi--e :eats talon during the first ten days of the
month of January of the yc=ar followine• tine year in which the
'irst :leter-:`_nation is made), responsibility shall pass to
the defendant for mai nt enarce of plair_tif f' s vriorities as
defined in the f incl Decree entered in this action in the
o1lorin; __inner, vc, wit: Ii at an-.- time follor:in3 the t•r;o
successive annual detei�minatio._s above mentioned at ,,Lich
the static =curd ;.ater level in plaintiff's .:ells has
fallen to or below sea level, the rlaintiff is unable to
obtain throw -ht ins ~:ells owned or leased and existin.� at
the tiICc of the commencement cl this action, or th=ou.=h
other -wells drilled in lieu thereof (all such wells shall be
drilled and r intained to deaths sufficient to yield the
amount of plaintiff ' s prior grater right but not to any
depth e:,.ceedin"-7 11;0 feet, and shall be equipred ui th efficient
pu=aping equi-=ant maintained in .rood ope_^ating condition)
the full e ount of its water priorities as established by
decrae herein, o- a quality and potability comparable with
that characterizing said water supply at the present time, tae
defendant will be prepared to supply c:.nd :rill sup_ly plaintiff
at its o -,-,,n excense with ~rater in daily and annual amounts
a.;ual to the difference between the amount of plaintiff's
said prior ri,,ht and the amount of water so obtairable from
plaintiff's said existing wells (or:rells drilled in lieu
thereof O, such water so supplied to be o_' a quality and
potability comparable with plaintiff's present su:.ply; and
defendant will cor_tinue to so supply plaintiff .with such
deficiency until the static ground water level of plaintiff's
wells measured as aforesaid stands above sea level for a
period of one year, after which such obliation scall cease
unless and until said water level a_ain falls to or below
sea level, :`her_ it shall again arise.
"The obligation of the defendant under this
stipulation shall not arise if said defendant shall establish
to the satisfaction of the Court that any fall of the static
water level in plaintiff's .yells below said danger point of
sea level is caused by operations of parties other than said
defendant 1 +der ri-n,s which are junior in priority to those
of said :e£endant, provide", ho,.:ever, that pumping water for
Its municipal water surply by the plaintiff herein from
lands in the ',ok-elumme Basin lyinG outside o: the f ollorrin.;
area, to :;it: Sections 1, 2, 11 and 12, Torns:nip 3 North,
ar-e o �a:_t, and Sections 6 and 7, Township j-+orth, nanoe
7 _a::t , :._. i . L, and Ev. , and t__ose portions of Sections 35
and 36, To-:.nship iL :•orth, =range 6 East, and Section 31,
To::nship 4 =aorta, nan:;e 7 mast, .- D. B. and .:., rrnich lie
south of the i.:okelumne L-,iver, spall not be deemed to affect
tnie level of
the cater table in plaintiff's ::ells located
.in the Laid area; nor sha.11 water so pu.sped by plaintiff
fro:: lands cutside of said area be counted as satifyin'r any
part o_plaintiff's prior :rater rights adjudicated in this
action, but all :hater pumped or otherwise di-rerted by plain-
tiff within said c_escribed area ( este: t -,nater unfit for dome st..i c
.ase pumped ,v plaintiff from that certain_ ::all situate on the
Jouth banic of the •-p :e 11 1ne i`i er in Section ;z6, Township
L,, north, Ran,e 6 East, and now used for swim—ming pool purposes
by Plaintiff) shall be considered and included as being pumned
and diverted by the exercise of such prior r13hts, '_xcuse
of performance by said defendant of any o said obligations
for the reasons above mentioned shall Conti_, e durin;z� such
p riod, but no lon.7er than such period, as the Crater table
renairs at or below sea level as the result of the causes
ent_tlin sail de_e_dart t0 SCh excuse from performance.
14-
CO-U1,CIL Cr=.1.i: LRS -- C: -_Y CO',MCIL
CITY CITFit LL OF Lr•D1
i,:crda,y-, January 3 1 , 1038
°'I°ne `r`_al court shall incorrorate the -ro,is_cr_s
of :,._is stir ulation 1_n its f indinys and decree herein.
"Dlk^EL: January 26th, l; jo.
Attorneys for Plaintiff
CITY Cr LODI.
T. r. +itt schen_
L, Irvir_g
carved Haines
i ttorneys for Defendant
n`? '-T ='tiY is 3101:: L U'PILI 'Y LIST iC=T . "
The for eSoin- 'esolution :lo. 91;.5 was then sassed
and a_.c-ted"by the folloc:in+ Note:
AYiS: CounciL;_en, ;a'eihe, Graf: i•-na, Clar _;
Z^oonu-r and Steele
_. V_. S: Cca_ci'fl:;en,
h=S Council --en, ..one
Cn *^oticn of Councilman +•ei^e, the Cit I-ourcil
}hen adicurned.
AT -EST:
Uy 1 4:
The _ oreScin, rinut e s of a
sr;ecial r.eetinS of the City
Co ncil of the Cit? o_ Loci
dere read and. acrroved ::ith-
out correct_en a', a subsequent
neet'r_17 of said City Council
held, v ebruarY 71 1938.