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HomeMy WebLinkAboutMinutes - December 20, 1939IN -- _... =L..., Cil" CC- .:C-_ „iii 77 T Wednesday, Decerber 20, 1939 The City Oo-ancil of the i ty of Lodi in .e7 lar sessi= at c:CO o'clock .-- on ;ednesday, Lece_1 er 20, 1c39, CO's Cil::- Clar_:, gra=: i na, S, oon r, :.eche and Jtee present, none -.ase: t. The =_`nutes of the last TMeetinE held December e, 1 3c :sere read, approved as read and so endorsed by the '-ayor. --r. Jacob Schauer a2rlied for permission to extend his duelling on the i+orth -fifty feet of Lots 11 and 12, Bloc 415, Ivory's Addition to within nine feet of the east property line and on motion of Council.- -an Spooner, seconded by Councilman '::eihe, the =r_spector 'aas directed to Srant the e=it. A oetition was received from, wean Hovard praying for the abandonment of a ten foot alley in block 2 of "Central Tract". The etition was ordered to take its usual course. ''r. Clinton Henning, City Enl;ineer filed a reco-_,• •endation that the w�.oes raid ... Leroy. Cross and ...r. S. `enable be fi: ed at 9125.00 per month .affective Jianuary 1, 10, 0. he reco.:.rendatlon was approved on motion of Co'---icilman Claris, seconded by Councilman Spooner. he annual report o_ the City Building Inspector was received, read and ordered f iled. In the matter of the application of theacif is das And Electric Co:-pany for a jas franchise, Resolutior. =;o. 1015 was introduced on motion of Councilman Spooner, seconded by Council.r,an Graffigna, read at length by the Clerk and finally ado_ted by the folio.rin�; vote: A -S: Councilmen, Spooner, Graff igna, Clark, V%ei-he an: Spooner ?DES: Councilmen, _N one A3=7: Council: -en, gone iS o_ �o� :o. 1015 RESCLU_'IC_',' ACCEPTING S;T:_ TE_.DE_ED BY FACI7IC SAS A:';. y Di TC C�:. �tl'i� Ii'. .,.:.T : Q: alk R.? C'r•2$E A L= EC:t 5`f IT . F1 -_7R %S pacific Gas and -Electric Con-oany, a California utility cora oration filed in the office of this Co-;ncil on the O"th flay of November, 1539, its application for the franchise (a) to use for transwittin and distributing as •.ithir_ the City of Lodi 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 pines and arrurte-ances which now are or may hereafter be las _fully Place.-- in the public streets, ..aJ s and _places within said cit , and (b} to lay an:: use in said public streets, nays ani rlaces all pi:,es and appurtenances necessary or ;ro. er for said _•.:r:-oses; and 156 C r ....-.�.._'_�. v - 9 ar,:,, _.:..Judy, DECi:.:B-'� 0, 173 Continued '.::A3 this Council on o_. 75t_ `ay of _;overnber, 1939, aao.ted a resolution declarinits intention of �rant- ino said ,..e:nch_se ^on the ter.:s an�_: conditions i^ said rescl_.tion set forth, and fixing the date for hearing objeot on., to ry ;rant in.- thereof; and =E �?S due notice of said intention and (fate for hearin- objections o ns has been ublished in the man_ er and for the i".e _rescribed ay lays and by the aforesaid resolution; and -=zS tis Council, at the time specified in said resolution and in said notice, viz; at the hour of E:00 .m. on '••e(fnesday the 6th day o Leeember, 1979, .._et in o_ en session for the sur ose of 'r_earin„ .rotests or objections to the orantir_g of said franchise; ise; a_nd no protests or objections to ., _ �-r=nti= of said franchise were ade or filed, and t e yro-,osed ordinance granting said franchise thereupon received its first reading; and HE -R .i=,S this Council again met at a regular neeting on the 20th Cray o= December, 1G3„ at which time this Council- received a written tender from: P;_cilic Gas and Electric ivo ^any to pay for said franchise the s':1^1 of `'-Pio thousand 'ollars (;2,000.00) in lawful money of the United States o= America, and said tender was acco-panied by the check- of said __acific Gas and -Electric Company, payable to the reQsu_er of the City of Lod'_ for said a.:_ount; and this Council deems saiu sum constitutes a reasonable payment for sail. franchise and the acceptance of .said franchise constitutes a :air consideration for a di sc_ a roe o= said comp_ any from any an all obligations to t n vitt' of Lofi for past use of its streats for the _ urposes for %-- c__ said franchise is to be granted; ^ _ .� 7 0=�, 3E I: :�.S_ VED by the Ceuncil of the City of Lc_i that it does 1�reby accent said sun of ,'2,300.00 i°_ _amful ==ey of the United States of America, in zayr.ent as aforesaid, conditional, ho,; -,ever, u -con the zrcerstd~di^; that if the ordinance orantin.:r said franchise shall not become effective said s':]ml shall be refunded to -laci_ic was and Electric Company; and 3E IT U R RESOLVED that in consideration of Une acceptance by raci:i was an-_ Z-lectrlc Co^pa^y of said -rancise an _t3 operation theneurder the City of Lcdi does hereby declare dischar-ged all obligations of said C,:rnpany for :east use of the struts of the City or iodi 'or the _ rposes set forth in the form of franchise applied for. ;Lt this time rr. A. A. Clark, the local manager of the Pacific Las and Electric Company presented the pa,:ent mentioned in the foregoing resolution_ and also a bond o* the Faci'ic Gas and Electric Co -pan- regwired by the =ranc_hise Act of 1937 and the bond an its sureties were ap roved by t :e ad.o_ tion or Resolution _;o. 1016 by the assenting -rotes o' all menbers of the Council. 151, 'it.�..,i:_ 'SDAY, 20, 1939 Continued. Ordinance :o. 260 was introduoed on motion of Cc, rcilr_an CraffiZzna, seconded by Co, ncilnar_ 1,eiha and after reading of its title further reading eras dispensed with by unanimous -rote of all r.e~bers of the Co,. ncil. Ordinance =70. 200 entitled "AN OR✓IPiAi?CE GRANTING TO PACIFIC GAS AIM ELECTRIC COKPANY, ITS SUCCESSORS AND ASSIGNS, THE FRA50HISE TO USE, FOR TRf.1S":ITTING AND DISTRIBUTIAiG GAS FiITHIN THE CITY OF LOD'I FOR ANY AND ALL PURPOSES OTHER THAN THOSE AUTHORIZED UTTER SECTION? 19 OF ARTICLE XI OF THE CO'iSTITUTION OF THE STATE OF CALIFORNIA AS SAID SECTION EXISMD PRIOR TO ITS AhM DBLN?T ON OCTOBER 10, 1911, ALL GAS PIPES AND APPURTED"ANCES u'HIC�: ARE NOON OR YAY FIEREk TER BE LAWFULLY PLACED I'_•. THE PUBLIC STREETS, WAYS AND PLACES WITHIN SAID CITY, AA:D TO LAY AND USE IPS SAID PUBLIC STREETS, WAYS AND PLACES ALL PIPES AND APPURTEAiA�.CES NECESSARY OR PROPER POR SAID PURPOSES," arras then passed,adopted and ordered to -rint by the follorinj vote: A1S; Councilmen, dra:figna, : eihe, Clark, Spooner and Steele :OES: Coarcilr"en, ;lone ABSE 'T ; Councilmen. ;gone The :,:a or then si.ed the ordinance in approval thereof. Crdirance : o. 261 entitled "Ai: ORD -1-1-17C2 A --_ZR G ,--HE EL_-- v E,-^ r"DI= 10;" having been introduced on the Stn day of December, 1939 liras noir bro_,�%t u: for -,assaoe and after reading of the title further readin' .ras disrensed —fth by urani-^ous vote of the Council and the sal, ordinance finally _ assed,adopted and ordered to print by the followino vote: AY -::S: Councilmen, �rafflgna, Spooner, Clark, + eile and Steele NH=S: CounciL:.en, :-,one A; SE: Cop:.ncilr.:en, ::one Tae payor then s_--ned the ordinance in v.:Op royal thereof . Ordinance No. 262 entitled "AN? OrC-_:A':CE APP: 1T_:' — ... -` �. rr ��E'L.- _ D� ,'ITl�.•:A it?7 iIIg been intro- duced on the 6th cay of December, 1G39 was now brou7ht up for fir_e-1 passage and after reading of the title further read -in; vras dispensed with by unani=us vote of all members of the City Cor_eil and the said Ordinance :.o. 262 was then iassed, ad' -o -.-.,ted and ordered to print by the follor:in; vote: A=E'S: Councilmen, Graffi Via, Spooner, V.eihe, Clar-k and Steele. i.CES: CounaiIr, en, � one ARSE_._. CouneiL-en, ;one The i,:ayor then signed the ordinance in a-proval thereof. _'resolution No. 1017 was then presented to the Council by the ,.-ayor and read by the City Clerk, considered by the Co;Lncil and finally _:passed and adopted by the f o_-o.r- rS: Co no11_.en, Clark, GraffiGna, Spooner, :eih e and Steele Z. Co'.. cilr..en, sone 7-:-1_ : Council -2n, Yone 156 C Cll'= ::i:LL I7E��::: n3 20, 1939 Cor_ inued RESOLUTION YO. 1017 Pursuant to the "Cr 2 O iIA CO:=:at ITY EORZATION _ I "G ACT OF 1939" and in order to carry out the purposes thereof; , BE IT RESOLVED by the City Council of the City of Lodi, San Joaquin County, California as follows: (1) That there is hereby established in and for the City of Lodi a commission to be known as the Recreation Commission which shall consist of five members, each of whom shall serve without compensation; and that each of said commissioners shall serve upon said commission for a term of five years, after appointment, except that of the first appointments made under this resolution, one comaissioner shall serve one year, one commissioner shall serve two years, one commissioner shall serve three years, one co.,=issioner shall serve four years, one commissioner shall serve five years and upon the expiration of each of said terms respectively a new commissioner shall be appointed to serve for a term of five years thereafter. Three members of said commission shall at all times be appointees of the City Council made from the list of members, or proposed members submitted to the City Council by the ]Directors of the Civitan Club of said city, if approved by the City Council. In the event the said Board of Directors of the Civitan Club fails at any time, to submit such a list of candidates, or if such recommended candidates be not approved by the City Council the City Council shall, without such recommendation, appoint the necessary members to serve upon said commission, and each member of said co=.ission shall at all times be a resident of the Lodi District. In case of a vacancy in the membership of said commission the same shall be filled by an appointee of the City Council upon the recommendation of the remaining members of said commission for the remainder of such vacancy, if such recommendation be approved by the City Council. Three members of said commission shall constitute a quorum for the transaction of business and said commission shall select, from its members, a chairman and a secretary of such. commission. Said commission may appoint such other officers and committees as to it may seem expedient, all such officers and committeemen to serve without compensation. (2) Except as hereinafter specially mentioned, said commission shall have all the powers contemplated by said "California Community Recreation Rnablino Act of 1939" and shall have the power to adopt by-laws, rules and regulations for the proper conduct of public recreation for the City of Lodi, subject at all times to the approval of the City Council of said city. The said commission shall provide, conduct and supervise public play grounds, atheletic fields, recreation centers, and other recreational facilities and activities on any of the properties owned or controlled by the city, or on other properties with the consent of the owner and persons in charge thereof. It shall have the power to conduct any form of recreation or cultural activity that will employ the leisure time or the people in a constructive and wholesome manner. 15 WEDNESDAY, DECEMBER 20, 1939 Continued Provided, however, that said recreation commission shall have no power, authority or control over Lawrence Park, or any activities therein, nor any baseball or soft ball diamonds or fields provided by the city, nor over Lodi Lake Park or any activities therein. (3) Said Commission shall have power to appoint or designate someone to act as recreational supervisor and such other assistant recreational supervisors as to said cormission may appear to be necessary from time to time, provided however, that no such appointment of a recreational supervisor, or any deputy or assistant supervisor, shall be valid unless approved by the City Council. (4) That the said Recreation Commission annually shall submit to the City Council a budget for the coming fiscal year of the estimated expenses and cost of its activities, which budget may be approved, amended or rejected by the City Council. Said Commission shall make full and complete monthly and annual reports to the City Council and such other reports as may be required by the council from time to time. (5) That said commission may accept donations, legacies or bequests for the aid and improvement of any center under its control, provided that all money's to be derived from such donations, legacies or bequests, shall, unless otherwise provided for under the terms of such donations, legacies or bequests, respectively, be deposited in the treasury of the City of Lodi to the credit of the said commission, established under this numbered resolution, and provided further that the city may invest such donations, legacies or bequests (i£ not otherwise limited by the terms thereof) in interest bearing securities of the United States Government, the State of California, municipal corporations or school districts, and the city may change the form of such investments from time to time, as it may deem best. Nothing herein contained shall prevent said commission from accepting donations, legacies or bequests or conveyances or devises which may be limited to be used for any specific purpose or purposes by the respective donors or testators. (6) The commission shall have the right to recommend the disbursement of funds regularly apportioned or received for the support of its activities, provided however that all bills, demands or claims, after having been audited and approved by said commission shall be presented to the City Council for its approval and payment out of the proper fund or funds. (7) That anything herein to the contrary notwithstanding said com.-mission shall have no power to incur any indebtedness or obligation against the City of Lodi nor against any fund or funds of said city, without the prior approval of the City Council,- and provided further, that the City Council of said city does not, by the terms hereof, intend to, nor does it, relinquish its pourers, or any power, over any park or recreational facilities or property of said city, it being the intent hereof that said commission shall serve for the purpose of coordinating recreation in said city, to the end that said city, in establishing and operating its recreational facilities shall act in conjunction with the federal and state governments, and any department or departments of either thereof. 160 c _' -- CT- %EDNESDAY, DECEi.33ER 20, 1939 Continued Fou' applications for transfer of liquor licenses were received from the State Board of Equalization and no objections were offered. On motion of Councilman Spooner, seconded by I Councilman Weihe, the mayor was authorized to execute an agreement for the purchase of watt-hour meters with the Duncan Electric Company. Mr. John A. Henning presented an offer from the Pacific 'gas and Electric Conpa ny to sell its electrical distributing facilities, exclusive of transformers and meters, located in the easement West of Orange Avenue and North of Sargent Road for the sum of $400.00. On motion of Councilman Spooner, seconded by Councilman Graffigna, the offer was ordered accepted and the Clerk directed to notify the company of such acceptance. The tentative applications for building permits of Ed Perrin and of P. 1+. Loewen for metal sheath buildings within the fire limits were considered by the. Council and the Clerk was directed to ascertain from the Board of Fire Underwriters if the construction of the buildings of this type contemplated would affect the fire insurance rates in neighboring territory. - A Works Project application under the National Youth's Administration was submitted by the City Engineer. It was approved on motion of Councilman Spooner, seconded by Councilman Clark, the layor voting no. At six minutes past ten o'clock P.M., the meeting adjourned on motion of the Mayor, none dissenting. ATTEST: 702M The foregoing minutes of a regular - meeting of the City Council of the City of Lodi, were read at a sub- sequent meetinZ of said City Council held January 3, 1940 and read without alteration or correction. Mayor.