HomeMy WebLinkAboutMinutes - November 15, 193914'
Wednesday, November 15, 1939.
This regular meeting of the City Council was
called to order by the Mayor at 8:00 o'clock P.'t:., of
:'+ednesday, November 15, 1939. Councilmen Clarl, Uraffigna,
Weihe and Steele present, Councilman Spooner absent.
The minutes of the last meeting held November 1,
1939 were read, approved as read and so endorsed by the
!:ayor.
Representatives of the Lodi Business :Fen's
Association applied for an allowance of X100.00 to be used
in decorating the downtown streets during the coxing
holiday season. At the order of the Wayor this matter
was laid over to be considered later on in the meeting.
A letter was received from George Gardner
expressing appreciation for the services of the Lodi Fire
Department in donating blood for a tranfusion at a local
hospital.
The Clerk filed a report of the board of Fire
Underwriters of the Pacific covering their test run on the
new Seagrave Fire Truck.
Ordinance No. 259 entitled "AN ORDI1ANCE A`ZENDING
ORDINA-NCE NO. 9 OF THE CITY OF LODI BY �+AKING IT A 11IS-
DE?+EANOR TO POSS--SS FIRE AR:.'S Pi LODI JAM ICIPAL TAKE PARK"
was introduced on motion of Councilman Clark, seconded by
Councilman Graffisna, read by the Clerk and ordered laid
over for the statutory period of not less than five days.
In the matter of the application of t' --e Pacific
Gas And Electric Company for an indeterminate franchise
to distribute gas in the City of Lodi, the clerk reported
that the Pacific Uas And Electric Company desired to dis-
regard former proceedings instituted in 1538 and had filed
a neer application for such a franchise. After reading the
application, Resolution Pio. 1010 entitled "Resolution
of Intention to Grant Gas Franchise" was introduced on
motion of Councilman C-raffigna, seconded by Councilman Vjeihe
and passed and adopted by the following vote:
AYES: Councilmen, Graffigna, VVeihe, Clark
and Steele
NOES: Councilmen, Prone
ABUE::T: Councilman, Spooner
RESOLUTTION NO. 1010
RESOLUTION 0 IP;TE_iTION, TO GRANT GAS FRkNCHISE
MHEREAS Pacific Gas and electric Company, 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
.'�_.rREAS in the opinion of said Council the public
good requires that said franchise be granted;
146
CITY C 1-1017
==iv?_ LL -- CT -7 CT -7 07 TCLI
-Yednesday, November 15, 1939
Continued
NUX, T:- REFCRE, BE IT RESOLVED that said Council
intends to grant said franchise, that hearing of objections
to the granting ther_ecf will be held at the time and place
specified in the fore: 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 LGDI TINES, a net:spaner of general
circulation within said City, and that said notice shall be
in the following :cords and figures:
"NOTICE OF ii TMITIC3.6, TO GRA21,T FRA. CEISE
tCTICE IS _',i"BY GIVEN that Pacific Gas and
Electric Company, a California utility corporation,
has filed its a -plication with the Council of the City
of Lodi requesting said Council to brant it a franchise
I
or an indeterminate period, as provided in the
Franchise Act of 1937, ( a ) to use, for transmitting
and distributing gas within said City for any and all
purposes other t_ian those authorized under Section 19
of Article XI o: 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 pablic streets, ways and places within
said city, and (b) to lay and use in said public
streets, v.ays 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 Cor-pany, its successors
and assigns, hereinafter designated grantee, s18 ll
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 possession of said franchise;
provided, however, that such payment shall in no
event be less than a sum which shall be equivalent
to one per cert of the gross annual receipts derived
by grantee from the sale of gas within the limits of
said city under both the franchise to be granted and
the fr-anchise now owned by said grantee by virtue of
Section l� o_' Article XI of the Constitution of the
State of alifornia as said section existed prior
to its amendment on October 10, 1911. Said percentage
will be paid annually frog the date of the granting
of the franchise applied for and in the erect such
payment shall 'not be made said franchise shall be
forfeited. Said City Council proposes to grant said
frar_chise for an inceterminate period.
'OTICF IS EEREEY ZU., R GIV EPI that any and all
persons havir_o 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
V,M- YESDAY, the 6th day of DECEYBER, 1939, and be
heard thereon; and
C -ICE IS rE?E3y FURTHER JIVEPI that at any time
not later than the hour so set for hearing objections
any person interested may make written protest stating
objections a_ainst the granting of said franchise which
protest mustbesigned by the protestant and delivered
to the City ClerZ of said City, and the Council shall
at the time set for hearing said objections proceed
to hear and pass upon all protests so made; and
141,
Wednesday, P:over.ber 15, 1939
Continued
NOTICE IS HEREBY F RT"' ER GIVE' that the grantee
of said franchise must within five days after the
date of granting some file with the Council of said
City a bond in the zenal sum of one thousand dollars
(w1000.00) running to said City with at least two
good and s -a ficient sureties thereto to be approved
by said Council conditioned that such grantee shall well
and truly observe, fulfill and perform each and
every tern_ and condition of said franchise and that
in case of any breach of condition of said bond oc-
curring the whole amount of the penal sun therein
named shall be tater_ and deemed to be liauidated
damages an shall be recoverable 'romp. the principal
and sureties upon said bond.
For further particulars reference is hereby
made to said a plication filed as aforesaid in the
office of said Uour_cil, and also to the resolution
adopted on the 15th day of Kovember, 1939 declaring
its intention to grant said franchise, numbered
Resolution 1010.
Dated: November 15, 1939
By order of the Council of the City of Lodi
J. F. BLAI{ELY
City Clerk of the City of Lodi.
Mr. H. E. Looser filed a petition signed by
Eenry Zilke and Olga Zilke, his wife prayinS for the abandon-
ment of an alley in Zilke Subdivision. The petition was
ordered received and referred to the City Planning Cori ission
on motion of Councilman Graffi;na, seconded by Councilman
Weihe.
:Messrs. Kenneth Lobaugh, VJ. H. Crossvvhite, Lynn
Boynton and C. S. Jackson appeared at this time before the
Council as representatives of the Lodi Civitan Club and
asked that the City appoint a recreation committee for the
object of securing Works Progress Administration
assistance for the erection_ of a Boys' Club building.
The 21_96yor appointed Councilman Clark and Chief of Police
C. S. Jac::son as a committee to keep in contact with the
Civitan Club in furtherance of this project.
In the matter of the application of the Lodi
Business ?.:encs Association for the sum of $100.00 for street
decorations, it was decided on motion of Councilman Graffigna
seconded by Councilman Weihe and carried that the city
contribute the swn of $75.00 for this purpose.
In the matter o£ the opening of Crescent Avenue
and 'i+est Eln Street, the Cler__ presented a deed from Edward
Hutchins and Ada Hutchins, his wife to the land required
for this ~urpose and on Motion of Councilman Clark, seconded
by Coancii-man .%eihe, Resolation !K -o. 1009 was introduced,
passed and adopted acceptin; this deed.
150
iJ=CIS Gi
Wednesday, November 15, 1939
Continued
A letter was received _"'rom the San Joaquin :lood
Control Association asking for financial support in the
anount of K250.00. The letter was ordered received and
f iled.
wilding permit application Ko. 2556 for a house
to be erected at 120 South Crescent Avenue on appeal fron
the City Building Inspector was not granted as it did not
comply with the provisions of the zoning ordinance.
On notion of Councilman Graffigna, seconded by
Councilmen Weihe, the i•"ayor was authorized to execute a
zurchase agreement with the ::estinghouse Electric and
Manufacturing Company for the purchase of lamps for the
ensuir_o calendar year and also an agreement with the
Great 1 estern Livision of the Dov: Chemical Company for the
purchase of liquid chlorine for the same period.
Licer_se applications as filed with the City
Clerk ::ere approved with the exception of No. 107
v&Ach asked permission to maintain a junk yard on North
Sacramento Street iki7h was ordered to be held in suspense
until the next meetinZ of the Council.
A petition was received from L. T. Mason and -
others awing for the annexation of new inhabited territory
-forth and ,est of the present city limits. The petition
was ordered received and referred to the City Clerk for
checking the sufficiency thereof.
No further business appearing, the Council
aro journed at 11:02 o'clock P—. on motion of Coun.ci7ran
eihe.
The f ore=oir_g minutes of a
regular meetin7 of the City
Council of the City of Lodi
held 7ovember 15, 1Q35 vrere
read in full at a subsequent
meetir_'� of said City Council
held December o, 1939 and
anrroved without correction
alteration.
or
Mayor of thd City of Lodi.
ATTEST:
C Cle