HomeMy WebLinkAboutMinutes - November 23, 1931465
Council Chambers -City Council
City Hall -City of Lodi
Monday, November 23rd.,1931
Pursuant to the adjournment regularly taken from the regular
meeting of November 16, 1931, the City Council of the City of Lodi
met in adjourned regular session at ten minutes past eight o'clock
P.M. on the date first above written, Councilmen Keagle, Roach,
Steele, ieihe and Spooner (Mayor) present, none absent.
It appearing that more time would be needed to perform
certain acts specified as conditions subsequent in the deed from
Colorado Power Company to the City dated January 9th.,1929,
Councilman Steele, seconded by Councilman Jeihe introduced the
following resolution :-
RESOLUTION No. 651.
WHEREAS, under the terms of the deed dated January 9th.,
1929, delivered to and accepted by the City of Lodi in accordance
with Resolutions Nos. 566 and 567 by which Colorado Power Company
conveyed to the City of Lodi certain riparian lands and (rater
rights situate on and along the Mokelumne River in Calaveras and
Amador Counties, California, more particularly described in said
deed, the City of Lodi was required to perform certain conditions
subsequent, as a prerequisite to retaining title thereunder; and,
WHEREAS, said conditions subsequent included the obligation
to have a final investigation of the engineering features of the
hydroelectric power plant, proposed to be constructed on said lands,
and transmission lines connecting therewith, made within a period
of one (1) year from the date of said deed, and to have an election
called and neld within a period of two (2) years from the date of
said deed, for the purpose of voting bonds.necessary to construct
said hydroelectric power plant and -transmission -line, and to enter
into a binding contract, within three (3) years from date of said
deed, for the construction of the said project works including the
said power plant and transmitsion line and to complete the said
project works and have it in operation in connection with the
existing distribution system o1 the grantee within four (4) years
from the date thereof, and thereafter for a term of twenty-five
(25) years to pay certain kilo -watt-hour royalties upon the
electric energy to be generated at the said plant, to Colorado
Power Company, all of said conditions and requirements being in-
cluded in the said deed as conditions numbered Second, Third,
Fourth, Fifth and Sixth and more particularly set forth therein;
and,
EBEAS, the Cityof Lodi has caused the engineering invest-
igation required under he second condition under said deed to be
made and reported in writing to the Colorado ?ower Company within
the time required by said deed, but has been prevented, by the
pendency of litigation with the East Bay Municipal Utility District
and Pacific Gas & Electric Company affecting the riparian -water::
rights appurtenant to the property in question, fran carrying out
the remaining conditions of said deed; and
NB REAS, by a certain "SUPPLEIENT TO DEED" recorded
January 7th, 1931 in Book 86 of Deeds at page 411 and following,
in the office of the County Recorder of the County of Calaveras,
State of California ,and also of record in the County of Amador,
the respective periods within which the conditions and require-
ments enumerated in said deed dated January 9th.,1929, as conditions
numbered Third, Fourth, Fifth and Sixth might be performed and
complied with by said City of Lodi, were each extended for a period
of one year respectively; and,
WHEREAS, it now appears that in all probability an enforced
delay of at least one year, from and after the date ;hereof,
r before such litigation sYall be terminated and before said con-
ditions subsequent of said deed can be possible of fullfillment,
will result;
NO:J TiEREFORE, BE IT RESOLVED,. that, The City Council of
the City of Lodi does hereby request the Colorado Power Company
to extend for an additional year ( after the time allowed by - .
said deed of January 9th.,1929 and as the same has been heretofore
extended in and by said "SUPPLRI,,:IT TO N D" has expired) the
respective periods within which the conditions and requirements
enumerated in the said deed dated January 9th.,1929, as conditions
numbered Third, Fourth, Fifth and Sixth, may be performed and
complied with by the City of Lodi, grantee thereunder, upon the
same understanding by the City of Lodi as set forth in said Res-
olutions Nos. 566 and 567 ;
BE IT FUR -ISR RESOLVED, that a certified copy of this
resolution be transmitted by the Clerk of this Board to Colorado
Poorer- Company for its consideration, together with a request that
the said Company shall, if agreeable thereto, cause to be trans-
mitted to the City Clerk a duly executed supplementary deed on,
or before December 31st., 1931.
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The foregoing Resolution No. 651 was thereupon passed and
adopted by the following vote :-
AYES: Councilmen, Keagle,Roach,Steele,wVeihe and Spooner.
NOES: Councilmen, None.
ABSENT: C:.uncihen ,None.
At 8.45 P.M the City Council was resolved into Committee
of the Whole and entered into executive session, returning to the
regular order at 9.40 O'clock P.M.
At 9.47 o'clock P.M. adjourrmment was taken on motion of
Councilman Steele to 8.45 o'clock P JA. of Jednesday, November
25th., 1931.
A t tel
—6 ity Clerk.
e f oregoino minutes re�larly read
and a)proved without correction at a
re-Suiar meeting of the City Council
of ire City of Lodi -held Monday,
December th., 193
the City of Lodi
Dec. 7, 193