HomeMy WebLinkAboutMinutes - April 18, 193835
Cr. .',:CI_, C ii_'BEFRS -- CI_ "Y C07T:'JIIL
Yonday, April 18, 1938
The City Council of the City of Lodi met at 8:00
o'clock F.M. of 11iondayI April 18, 1538. Councilmen Clark,
Graffi�na, Spooner, '+'eche and Steele present, none absent.
The minutes of the last regular meeting held
April 4, 1938 were read, approved as read and so endorsed
by the Mayor.
This being the first meeting subsequent to the
regular municipal election held April 12, 1938, the Clerk
submitted a report concerning the conduct of the same,
presenting therewith a returns of election as filed with
him by the several boards of election and also absent
voters' ballots received. The Council then proceeded to
canvass returns of election and the absent -voters' ballots and
on corpletion of the same, Resolution No. 9,58 was introduced
on motion of Councilman Clark, seconded by �ounciLman
Gra::'x igna.
RESGLUTION NO. 958
RESOLUTION DECLARING RESULT OF ELECTION.
FHEREAS, a general municipal election was held
and conducted in the City of Lodi on Tuesday, the 12th day
of April, 1938 as required by law;
AP;D YFEEREAS, it appears that notice of said
election ::as duly and legally given, that voting precincts
were properly established, that election officers were
appointed and election supplies furnished, and that in all
respects said election was held and conducted and the votes
cast thereat received and canvassed, and the returns thereof,
made, deter:ined and declared in time, form a nd manner as
required by the general lays of the State providing for and
regulating municipal elections in cities of the fifth and
sixth class;
AND S.T:EREAS, the city council of said Cit of Lodi
met at the council chamber thereof on Monday, the 19th day
of April, 1938 to canvass the returns of said election and
install the rwuly elected office. s; and whereas the ccuncil
finds as a result of said canvass that the number of votes
cast, the names of the persons voted for, and other matters
required by law, to be as hereinafter stated, now therefore
it is hereby
R_.SOLED, determ_ned and declared as follows;
That said regular municipal election was held and
conducted in the City of Lodi, California on Tuesday, the
12th day of April, 1538, in time, form and manner as required
by law.
That there aere five voting precincts established
in said City, for the purpose of holding said election, as
follov:s:
Consclifated `voting Precinct A, consisting of State
and County election precincts numbers, 1, 2, 3 and 7 as
established for holdinb state and county elections;
36
C',", -i CIL CHAT Z 'RS -- CITY ;,0;;-_,t r_ L ri
CITY ?,;ALL -- C=TY u_' -n�T
v
L:CKLAY, APRIL 18, 1938
Continued
Consolidated Voting Precinct B, consisting of
State and -ounty election precincts numbers 1-,, 5 6 and 8
as established for holding State and County elections;
Consoli�_ated Voting Precinct C consisting of
State and County election precincts 9, 12, 11, and 15;
Corsoli ated Voting Precinct D consisting of
State and County election precincts numbers 10, 11, 13
and 19;
Consolidated Voting Precinct E consisting of
State and Co _nty election precincts numbers 16, 17 and
18;
That the ;+hole number of votes cast in said
City of Lodi at said election was 4,410.
That the names of the persons voted --for, the
offices for which they -were voted, the number of votes
received by each of zaid persons in each of said precincts,
together .:ith the ,thole number of ,rotes which they
received in the entire city, are as followrs:
A V
VOTE'S RECEIVED B 0
-S T
vanes of Pre- Pre- Pre- Pre- Pre- iOTi►L E E TOTAL
Persons tinct tinct tinct tinct tinct N R VOTE
voted r or A —$— —Z7-- D �— T S
For Councilman,
(Full Term)
Zmil F. Graffigna 212 238 166 166 73 855 8 863
G. ,t. Steele 186 198 152 141 55 732 5 737
Otto A. ; eihe 201 224 201 169 78 873 7 880
Ted 3arth 81 73 110 59 72 395 0 355
Clifford B. Bull 122 126 142 134 110 634 2 636
Josepn Dotson 89 87 151 82 log 518 1 519
Elmer S. Jones 56 39 112 ?9 92 378 1 379
Scattering 1 1 U 1
947 W 1�3 W 75 73ES 29
PLrSOLVED, therefore, that at said general municipal
election held in the City of Lodi, April 12th, 1938, the following
persons were elected to the following offices, res ectively;
Emil F. Graffigna was re-elected a member of the city
council for the full term of four years from and after Yonday,
April 18th, 1938 and until his successor is elected and qualified;
G. L. Steele was re-elected a member of the city
council for the full term of four years from and after Monday,
April 18th, 1938 and until his successor is elected and qualified;
Otto A. ':+eihe was re-elected a member of the city
council for the full term of four years from and after Nonday,
April 18th, 1938 and until his successor is elected and qualified;
37
CC :'tSC-L C__N -:'ERS -- CITY CCT -1, C -L
,_ i;A-= I j 0 LCDI
r?ON7i AY, APRIL 18, 1938
Continued
The foregoing Resolution No. 958 was then
passed and adopted by the following vote:
AYES: Councilmen, Clark, Graff igna, Spooner,
+veihe and Steele.
NOES: Counci7lr:en, ?lone.
ABSENT: Cour_cilren, done.
On notion of Councilman Graff igna, the City
Council then adjourned sind die.
COUNCIL C: n,'. EisS -- CITY COTUITCIL
CITY HALL -- CITY OF LCDI
MONDAY, APRIL 18, 1938
After the adjournment of the City Council as
set forth in the foregoing, the Clerk called the meeting
to order,ail :aembers of the council, including those re-
elected, being present and administered the oath of office
to=essrs. Graffiana, 4eihe and Steelq,delivering certificates
Of election to each.
On notion of Councilman :.eihe, seconded by
Councll.;aan Graffigna, G. Y. Steele was nominated to the position
of Layor and by the same notion, nominations were ordered
closed and the Clerk declared 1;1r. Steele elected by
unanimous vote. The Mayor then opened the meeting.
Hiss Bertha 111"eyers addressed the Council requesting
that the City provide more tennis courts, asking that tvro
more courts be installed and that some requirements be
enforced as to the use of the present court. It was
suggested that the present courts at the high school might
be utilited if provided ivith adequate lighting. The !layor
appointed Councilman Spooner as a committee to investigate
the feasibility and cost of lighting these courts.
Mr. Roy Briggs and Yr. James Gibbons addressed
the Council in regard to the poor acoustics at the National
Guard Armory. The Clerk was instrudbd to contact Mr.
Albert B. Ma:um a specialist in acoustical engineering and
obtain his advice and estimates as to the cost of remedying
the alle;ed defects.
An invitation :Pas received from the City of Turlock
for the Council to attend a regular meeting of the Central
Valley Branch of the League of California Municipalities to
be held in that City on Thursday, April 21, 1938 at 7:30
o'clock
The quarterly reports of the City Clerk and the
City Treas;ser were received and read and copies of the
Clerk's report furnished to each of the members of the Council.
Ordinance No. 212 entitled "APT ORDINAzicE A1;714DING
SECTION -1.19 Or OitDIP;ANCB NO. 238 (ZONING ORDINAPCE)"
having been regularly introduced in the City Council on
April 1938 after public hearing as required by law had
been had before the City Planning Commission of the City
was brought up for passage and finally passed and adopted
and ordered to print by the follosrin vote:
38
CCu=uCIL "_-A_ ERS CI_ C C-UNCIL
CI"_ HALL -- CITY OF LODI v
1,10NDAY, APRIL 18, 1938
Co# tinued
AYES: Councilmen, Graff igna, ;eihe, Clars,
Suooner and Steele.
NOES: Councilmen, None
ABSEENT : Councilmen, None
The i_ayor then approved and signed the Ordinance.
At this time the City Attorney presented an
application of the Pacific vas and Electric Company for
an indeterminate franchise for the distribution of gas
in the City of Lodi and after consideration of the same,
Resolution No, 959 was introduced on motion of Councilman
Gra_'f iora, seconded by Councilman §'eii'±e.
RESOLUTION NO. 959
RESCLUTIO'ri OF I:vTENTIO147 TO GRANT GAS FRANCHISE
'WHEREAS Pacific Gas and Electric Conpany, a
California utility corporation, has filed with the Council
of the City of Lodi an application requesting that a franchise
be granted to it of the character and for the purposes
mentioned in the form of notice hereinafter set forth; -and
MR AS in the opinion of said Council the public
good requires that said franchise be granted;
NO'i;, HERE ORE, BE IT RESOLVED that said Council
intends to grant said franchise, that hearing of objections
to the granting thereof will be held at the time and place
specified in the form of notice hereinafter set forth which
the Clerk of said City is hereby directed to publish at
least once within fifteen days after the passage of this
resolution in THE LODI TIi:ES, a newspaper of general cir-
culation within said City, and that said notice shall be in
the following words and figures:
"NOTICE 0. INTENTION TO GRANT FRANCHISE.
NOTICE IS HEREBY GIVEN that Pacific Gas and Electric
Company, a California utility corporation, has filed its
application with the Council of the City of Lodi requesting
said Council to grant it a franchise for an indeterminate
period, as provided in the Franchise Act of 1937, (a) to user
for transmitting and distributing gas within said City for
any and all purposes other than those authorized under
Section 19 of Article XI of the Constitution of the State
of California, as said section existed prior to its amendment
on October 10, 1911, all gas pipes and appurtenances which
now are or may hereafter be lawfully placed in the public
streets, ways and places within said city, and (b) to lay
and use in said public streets, ways and places all pipes
and appurtenances necessary or proper for said purposes.
If said franchise shall be granted to it, said
Pacific Gas and Electric Company, its successors and assigns,
hereinafter designated grantee, shall during the life thereof
pay to said city two per cent of the gross annual receipts
of said grantee arising from the use, operation or poss-
ession of said franchise; provided, however, that such
payment shall in no event be less than a sum which shall be
equivalent to one per cent of the gross annual receipts
derived by grantee fron the sale of gas within the limits
of said city under both the franchise to be granted and the
franchise nor; owned by said grantee by virtue of Section 19
of Article XI of the Constitution of the State of California
as zaid section exis,ed Drior to its amendment on October
10, 1911. Sald percerta e will be paid annually from the
39
C0' ;IL c n;IBER_3 -- CT .,1.:cIL
C TY HALL -- CITY C "LODI
.+:CYiDAY, APRIL 16, 1938
Continued.
date of the granting of the franchise applied for and in
the event such payment shall not be rade said franchise shall
be forfeited . Said City Uouncil proposes to grant said
franchise for an indeterminate period.
NOTICE IS HEREBY FURTHER GIVEN that any and all
persons having any objections to the granting of said
franchise may appear before said Council at the City Hall
of said city at the hour of 8 p.m. on Monday the 16kh day
of May, 1938, and be heard thereon; and
NOTICE IS HEREBY F URT"r�R GIVEN that at any time
not later than the hour so set for hearing objections any
person interested may make .*:ritten protest stating objections
against the granting of said franchise which protest must
be signed by the protestant and delivered to the City Clerk
of said City, and the Council shall a t the time set f or
hearing said objections proceed to hear and pass upon all
protests so .a de; and
NOTICE IS HZ EBY FURTH---R GIVEN that the grantee
of said franchise must within five days a-fter the date of
zranting same file with the Council of said City a bond
in the penal sum of one thousand dollars (61000.00) running
to said City with at least two good and sufficient sureties
thereto to be approved by said Council conditioned that
such grantee shall ::ell and truly observe, fulfill and
perform each and every term and condition of said franchise
and that in case of any breach of condition of said bond
occurring the Whole amount of the penal sum therein named
shall be taken and deemed to be liquidated damages and shall
be recoverable from the principal and sureties upon said
bond.
For further particulars reference is hereby made
to said application filed as aforesaid in the office of
said Council, and also to the resolution adopted on the
18th day of April, 1938 declaring its intention to grant
said francise. Numbered Resolution No. 959,
Dated: April 18, 1938.
By order of the Council of the City of Lodi
I,,y Ulerk of the City of Lodi.
The foregoing Resolution No. 959 was then passed
and adopted by the following vote:
AYES: Councilmen, Graffigna, Weihe, Clark,
Spooner and Steele.
NOES: Councilmen, None
ABSENT: Council—men, None
Applications for business licenses No. 9068
to and including No. 9073 were received and licenses ordered
granted.
On motion of Councilman Graffigna, seconded by
Councilran +:eihe, the Mayor was authorized to approve and
sign applications for the extension of Works Progress
Administration projects No. 8336 and No. 7671.
40
CITY C-l'UNCIL
C-I'ly HALL -- CIT --f C� iDT
�
YON AY APRIL 18, 1938
Continued.
Eleven applications for building permits No. 2028
to and including :No. 2038 for structures to cost �11,500.
were allowed and permits ordered granted.
Claims No. 31.98 to and including No. ,.31512
for the seri-monthly payrolls in the amount of X1,075.29
were allo•:,ed and warrants ordered drawn on motion of Council-
man `rleihe, seconded by Councilman Gra;fiGna and carried.
No further business appearing the Council adjourned
on motion of Oouncilr.an Weihe, none dissenting.
ATTEST:
The foreooinj minutes of a
regular meeting of the City
Council of the City of Lodi
were read and annroved without
correction at a subsequent
meeting of said City Council
held Play 2, 1938.
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Cit