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HomeMy WebLinkAboutMinutes - October 20, 1930410 Council Chambers -City Council City Hall -City of Lodi Monday, October 20th., 1930 regular meetir at 8.05 o'clock P.M. Councihen Feagle, Roach, Steele,eihe and Spooner present, none absent. - Minutes of regular-nfeetirrg held October 6th. ,1930 read, approved as read and so endorsed by .the ;.fyor. Order of PublicarinnsJesed'-by',ananimous consent. Communications received from California Real Estate Board and City of -Grand Rapids_,;i ch, ordered fi:r Quarterly `reports or quarter ended. -Septem-ber 30th. rec+ ived;eread •end order-ed4ilad as4‘autraitted .by Treasurer and City Clerk. • After-4iscussien regarding tern on chargeevfor-water.. and electricity as .riow "i^c osedi the matter '.ras referred to the .Co rittee on Publ-i-e b i -lines lay the Mayers 47-7 Bills in %beanount-or 12;2 0.98 as appirovea f± armee comunittee-wane grclered d '04010 t 0-the.aau}e comprising the mid-rionth payrolls, Warrants #14876-1a907Llffd. Mr Glenn `lest, City attorney, after sating that :.-pending, suits- against'Eastt Bay i unicina1 i3til.#fy-Dis,- riot -- and Pacific Gas & Electric Conran• had -been set for trial on:January-12. ;1931; present e a' res- olution to be numbered -io. 622 embodying an ofer in equity tajbe.presented prior.. to .teia] and the same was passed°and= adopted by the following vote:- - AYES: Councilmen ,3`teele,;ieiheKeagle,Roach &' Spooner. _ .: • --e *. riGP,S: - Councilmen, Notie,,,..413. After ithe:adoption -.of--the floregoing$•Resolvktriranp6u-� 622;" the City Counoil passed -and -adopted Resolution filo. 623, direct n the•-Cit-rAttorneg to -enquire into•Itie .,ri hta f East •B'ay `unic'ipa1-Utility District to-di'dert waters of the' - Mokeluaane River for the use of localities other Ahen,t,ivgae:-. embodied in the District as constituted at the time its water-.avp14 at_iens;wi a fi.lederThis Resolution opted bf"the tollowing vote : 0.,,r,-t.�.�•4.: . t"*. a,,.s'fir i*�%3w! l� .�!# ~- AYES: CCCounciImen, ,ieihe ;``Roach, Beagle, Steele and Colincilmen, one; &TIT, one; • l: ote-True copies of the a ove numbered reso utions _- appear at pp 410-A et seq of these minutitsir- -¢...: No -.further -business-api eax adjourned to the day and hour of :n' to s read. -a Q � ��ro ect ` r,i,hot ; corrsct - ing, ,#hevektir e.6o>e ci1 its next regular meeting. rd y • - R^. ._.s R. B1akely, Ci •�,� : rk. vs .f..toNPA Iii RE30LUTIC1 NO. 622 CITY MUNCIL. CI'PY M THEM, Ibm is pending is the Superior Conan of the State of G&Ufornia, in and for tbs t4amaq of sm Joaquin. smit Ito. 22,415. entitled. WX pf t -Al -RAM AmI AW., defeo d encs, im.1wing the protection of the sights of the City of Lodi to percolating waters derived from the Rakelwa Rivet and fttishdag the basis of thm City's crater may: and WBRUS. the City Canasil is advised by tine attorneys repreaantimg the City in said s•atica that IN their opinis the My sherd present to the opposing }asrties Unroin an offer to do aepity in the sitVoLUM *WL of Vbieht this actisa bsua ' arises►, with's viva► to asswieg them peartive and tbar .0part, of the ammieip of this City to +rte whht " fair amd in the -- : and THEM, tie aoogimn-im odirisom of Vo #pity Card base sa aft am _ StI dy of Vo prealatbC mer siti atisa A. the lam stjohdV6 ills XMIMIUMM River. old h".6 omitted their Mom of Iftt ram and shomM U -ft%dT i&W ;n the NW, Tom, In eorai ism of liens -M -00a, aad of the deshe of We Qoam&dl. to _wesorm. if posmAle. frie®dlj yse3atisms betimm tbs My of Lodi and Ma swvcmaling ot�RMjt�/ L nY �IPe. ,y l4ty'Aau tin UNTSMU IRW Of tht gsat Bay Cities, the City IttorW be here* AmUnrised and directed to ssbeit to V* Board of RirsaUera of tbe' Mast" fty Municipal i#tility iisstrirt and to � AWflo Gm and $lestrf+E 0MV84. the tw* 3rur ilml defeaadatA -in MaM litig¢ti as.. the feneffim. *"Gr. vfz. ; 4-1©-6 The aoeasil of -ths City of >w" .#s advised �1117 its attamp thA tis pillilliedift 2arM" (lea. 22;x#16) %WWSM tie city of LOU i99111t am A" z 9 *as okpi vuu4,i,-'sAww4' 4AA : Ndfie OW .iii a JIAW WM ~ akoo -#MrUM"r of the �4w I# �-1ai�-�.w. the as *was mw thw wor `af "''Arill4 "o► mtasa of the NWWbow r is y to OMWI, _ tho 1 O. a tar City. of VQ At' SWOfSW 40 VIR i ASt- aels i'Willif s it > :01 ile gicIV,'i lf,air.- of VIIIIIIIIII, air At A* a It Is#". jo-thol *Wow. IM ACAWXU %am Villa us 1111111411114 oc 40,00 **-*wow the f sullo w ile -lr_= 4t-'ta--= asd to thk4ftwo At the XdWOOM SOM ONir ; - of tit At�'Aw. - r for- � lt. '!� `►" *! _ ������" = `` start wt* fmrMrd+iil�i vw, #A Mw_ 40 ... •.m. w z-. z ,&"ass es , *11L -0r trio.1+vtix. 410 - C M" city bw aiwood du*mo, s#*. c tie.. of the Mate� ,Mas .a. Tw P". aklw dd! g• :, . low ti" • MW "bor"W., Ulu Alo amid avi!3qi� ria &agw- sed° ► ft AsuodMaw WA" it ft JLy IN6 f of ,-4w limit 4;�,w . rlWIN lNi 'ice p.,II0MIi4 % *ire - E'waw-,w 004 A* son WNW rt�tt` .stair lotr IF he city st hI# ad samr Is. 1 1 WNW at 11 MIJ flog. Im" 440 - 0 wwrs in the ares triUtes7 to tine Xdmbisr� Risar ori t of the Toedtrilgp Bm.- Smh aelmisie dW9l tis its amtUdke %#I other ialaasNc olr am & lugAge is ii modaut to., m ke to MAInty iruw' �Wtw ri, vii tib %webobi avir. Hal *Uldpa Ulm# vfititr "44� aisitferr►; asit *0014 e tael� faUmdogids{wry at do � Uvw prarern is sedvaba tfltaR of aw MW bead jof w- ripr imbr iia vw"ttmii or udia* fir,. . hr gist. ImOLOW04W 7 to tin 4.gLmAl O& ba tow- - _. t1+ abow oft, C,.b* *".to 0*004w to 4* us testes. .:. as :tip ja -ter. Itu of * , 410- F— le admittbe tis fang offer. tis City of Lodi points wet rami it is is ami* as r wilt tis X*oamm Riser aald its awathm has AN* fair a* SWO "Am SNOW. acral airs...... lall�► Iar shat aid l*PQ"- Am "no. tar. a mfr law s O"W" ,.: A* A* ■ tis as ad"Pme m6mv mwig tw taw Xbotba a* 404MO4 bob ffwlm felg #ir lisirr3rarwr � aarsr�,t city's adffdi"-to dhow t m ad*" am Is VMS at the wAnal flood bol&m 44 sill is U4; (a) • *qtr a e nai" is #i* tlr �rittar t ii�r pile3ar e releases of . at to *Um tics dmml, of silt acct alr ,dips ss � ". s � to Pq tit at IV avtid,ftia Womm"Ok UA Weiss lNr'boolliftro ** I Ali ! ar.+i►: Tkm "bomSt0"060_ �is, his low aft t* comikMV4 "P"Ailrs lid eoi- gift 11* SNOW of xr#sita_s i'#��+� a•� �iiNt aaarrarWe acrd 10" Vw6bWAM AW fir 11-1-4 US 4tiky ®o sma a Seth WHOVeaE # or a* is ie� pus show 4400 the aiWs oniot me eftaat as ads"* mlmt� at as d Mum is ialtiti"I -to a ftw eerier N of"" My ins aiMMIL ''othing in the foregoing is to be construed as an admission by the City of Lodi that its legal rights are _ other than those asserted in the pending suits against the parties therein named to enjoin any diversion whatever of the ;paters of the ?lokelumne, It is made in the interest of doing equity and restoring the =ity and, cooperation which should exist between the great cities forming the Last Bay Municipal Utility District and constituting a profitable power market for the pacific Gas and Electric Company and the farming c= -,unities of northern San Joaquin County constituting one of the most important supporting areas for the growth and prosperity of these. municipalities. 0 410 Ci RESOLUTION NO. - 62 3) . WHEREAS the City of Lodi has co=enced and there is now pending certain suits against East Bay Minicipal Utility District and others, defendants, for the purpose of restraining said defendants from diverting any of the Waters of the ?-okelumae River; and whereas said East Bay Municipal Utility District is now operating partly upon United States Government land, a certain reservoir for the purpose of Impounding and storing waters of said river, which reservoir is being operated pursuant to permit issued by the Federal Power Commission; AND MWFEAS said East Bay Municipal Utility District is divertizy and intends to divert certain waters of said river, pursuant to an alleged permit, or permits, heretofore issued by the Division of Water Rights of the State of California; AND AREAS it has been rumored that said East Bay Municipal Utility District intends to sell, furnish and deliver, Waters from said river, to the City and County of San Francisco and to other municipalities; NOW THEREFORE, BE IT RESOLVED That the City Attorney of said City of Lodi be and he is hereby authorized as follows: 1. To write such letter or letters to, and make such inquiries of said Federal Power Commission as may be necessary for the purpose of ascertaining whether or not any permit heretofore issued by said Federal Power Comni.ssion authorizes said East Bay Minicipal Utility District to furnish, supply, sell or deliver any of the waters of said kokelumne River to any person, firm, corporation, municipality or political subdivision for use or consumption outside of said East Bay JWnicipal Utility District. 2. To write such letter or letters and make such inquiries of the Division of Water Rights of the State of California as may be necessary for the purpose of obtaining from said Division of water r Rights its" and information as to whether or not any permit or permits heretofore issued by said Division of Water Rights authorize _1 d SIO -H said East Ray :iunicipal Utility District to divert from the Yokelumne River any waters to be furnished to any other person, firm, corporation or municipality for use or consumption outside of said East Bay .Amicipal Utility District. 3. o write such letter or letters and to rake such inquiries as may be necessary for the _purpose of ascertaining from the Division of :rater Rights of the State of California whether or not said East Bay ?�unicipal Utility District has any right to sell and deliver to the City and County of San ?rancisco any water, out of ar_y water supply (other than the Mokelumne River) owmd by said district and thereby to increase the amount of -rater which said district intends to divert from said Yokelusne River for use and con- sauption within the boundaries of said East Bay Municipal Utility District, reference being hereby ;:lade to the fact that permits here- tofore issued to said district by the Division of 'Water Rights of the State of California provided, in substance, and subject to prior vested rights, that said East Bay I'Amicipal Utility District shall have the right to divert from said rokelumne River, such of the waters thereof as the proLWessive needs of said district may require, up to the limitations otherwise provided in such permits. 4. To send a copy of this resolution to and write such letter or letters and race such inquiries as may be necessary of said East Bay Municipal Utility District for the purpose of ascertaining whether or not said district intends to sell, furnish or deliver to the City and County of pan Francisco or to any other mmicipality any waters from said Vokelumne River, or from other sources for use or consumption outside the corporate lints of said district. 5. ^o send a copy of this resolution to, and write such letter or letters to and mase such inquiries of said City and County of San Francisco as may be necessary for the purpose of inquiring from said City and County of San Francisco whether or not it intends to purchase water from said East Bay Iftmicipal Utility District, and if so what the -2- source of said waters shall be, when, if at all, it intends to take or receive such waters, and for the purpose of obtaining a copy of such contract or contracts as are or may hereafter be made between the City and County of San Francisco and said East Bay Municipal Utility District regarding such graters. CITY OF LODI OFFICE OF THE CITY CLERK STATE OF CALIFORNIA, County of San Joaquin, (ss. I do hereby.certify that the attached is a full, true and correct copy of__ ------ Be 21utim-Na 62.3 _2S_ passend -and- AdOp ted- hy -thr- C 2ty -CbUmcil- Df - - -- the- _Cif,; _ _of- I&di_ at _iis. -regular- meeting -held- October 20,-1430. - _ _-- -------------------------------------------------------------------------------- as the same appears of record in the office of the City Clerk of the City of Lodi. In testimony whereof I have herepnto set my hand and the seal of the City of Lodi,..., --- day of --Oct ober, _ _1930 _ _ �, '��'-- •� •%'•'+ CITY CLERK OP THE CITY OF M.�, .<:!.•;��:.:;,,.,_ -. By----------------------------------- JPl_ DEPUTY CITY CLERK. -3-