HomeMy WebLinkAboutMinutes - April 17, 1933COUNCIL CHAMBERS - - CITY COUNCIL
CITY HALL -- CITY OF LOCI
Monday, April 17th.,1933
The City Council of the City of Lodi met in regular session
at 8 o'clock P.M. on the date first above written, Councilmen
Clark, Keagle, Spooner, Weihe and Steele present, none absent.
Pio persons appearing, the order of Public Hearings was pas-
sed and the Clerk read the minutes of the last meeting held
April 3, 1933. The minutes were approved as read and so endorsed
by the Mayor.
The Quarterly Report of the City Treasurer and the Quarterly
Report of the City Clerk for the quarter ended March 31, 1933
were bots presented, read and ordered filed.
The Committee on Finance and Revenue filed its report of
an examination of securities held by the City Treasurer made
April 8th and the same was read and ordered placed on file.
Councilman Weihe of the Committee on Streets and Highwayss
recommended that T'Norway Maple" trees be recommended for replac-
ement of the eucalyptus trees taken out on East Pine Street.
On motion of Councilman Weihe, Spooner second, the Clerk
was directed to purchase seventy-five tons of T'Calrock" emulsi-
fied asphalt for resurfacing the Lawrence Park tennis courts
and to get in touch with the Cairock company's engineers who
had promised technical assistance in doing the work.
At the solicitation of the City Council of the City of
Alameda, the following resolution was adopted :
RESOLUTION
WHEREAS, the conferance called for representatives from
cities in California in special session az Hotel Senator,
Sacramento did recommend that all cities go on record as
opposed to Senate Bills Nos. 79 & 80,
AND, WHEREAS, the adoption of such legislation as that
proposed in said bills would make necessary the purchase of
all or any part that the owner might desire to sell, of
an existing water system to a public district desiring to
extend its present system whether such purchase was desireable
or not;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the
City of Lodi that it disapproves the passage of said bills3
as inimical to the public good.
The foregoing resolution was adopted by unanimous vote.
License to sell malt or vinous beverages containing the
lawful percentages of alcohol were ordered granted to the fol-
lowing :-
Gurdeve Singh to sell in original package
A. A. Borey, Hotel Lodi, to be consumed on premises
Sam Sperling, 105 N.Sacto St., do
Saiichi Hachiya, 8 N.Main do
Bills in the amount of $2,835.87 as approved by the Finance
Committee were ordered paid on motion of Councilman Weihe,
Keagle second.
At 9.20 OTclock P.M. the Board was resolved into Committee
of the Whole and entered into executive session.
At 9.35 o'clock P.I. open session was resumed with all
members present.
On motion of Councilman Spooner, Weihe second, the following
resolution was introduced :-
COUNCIL CHAMBERS -- CITY COUNCIL
CITY HALL - - CITY OF LODI
RESOLUTION No. 679
WHEREAS, in the pending litigation between the City of Lodi and
the East Bay 11unicipal Utility District, in the Superior Court of
Calaveras County, a judgement has been rendered, awarding the City
of Lodi and Colorado Power Company, as defendants ih case No.
1661, a judgement of ;25,000 and costs payable as the award in
said case; and
WHEREAS, the plaintiff, East Bay Municipal Utility District has
tendered to the defendants in said case the sum of $25,000 and
costs, if full settlement of the said judgement, conditioned
only upon the entry of satisfaction therein and dismissal of the
appeal previously taken in case No. 1642 in said Superior Court;
and
WHEREAS, Messrs Robert M. Searls and Glenn West, attorneys for
the City of Lodi in said litogation, have recommended to this
Council that said tender be accepted and said litigation settled;
NOW THEREFORE,
BE IT RESOLVED, that the City Council finds it to be for the best
interest of the City of Lodi that said litigation be settled on
said terms, and be it further,
RESOLVED, that the Mayor and the City Clerk are hereby authorized
and instructed to execute a satisfaction of judgement in behalf
of the City of Lodi and to deliver the same, through the attorneys
for the City of Lodi, to the East Bay Municipal Utility District,
upon payment to the defendants in case No. 1661 of the sum of
$25,000, and in addition thereto the legal costs incurred in said
actions Nos. 1661 and 1642; and be it further,
RESOLVED, that the attorneys for the City of Lodi are authorized
to stipulate for aadismissal of the appeal heretofore taken in
case No. 1642, brought by the City of Lodi and Colorado Power
Company against the East Bay Municipal Utility District and
Pacific Gas & Electric Company in the Superior Court of Calaveras
County, and also to stipulate that the East Bay Municipal Utility
District may withdraw from deposit in the Superior.Court of Cal-
averas County, the sum of $10,000 deposited at the conclusion of
the first trial of case No. 1661, such stipulation to constitute
merely permission that said money may be withdrawn and not ai
guarantee that it will in fact be received by said East Bay Mun-
icipal Utility District, and be it further
RESOLVED, that upon receipt of the said sum of $25,000.00 the
attorneys for the City of Lodi are authorized to divide the sum
with the defendant, Colorado Power ComparW, in cinformity with
the terms of the agreement between the City of Lodi and the Col-
orado Power Company dated January 9,1929, -- that is to say,
paying to said Colorado Power Company three-fourths of the amount
so received, less agreed credits for the expenses of the retrial
of action No. 1661. The residue of said sum and the entire amount
of costs in said action to be paid to the City Treasurer of the
City of Lodi, and by him deposited in the General Fund.
The foregoing Resolution No. 679 was thereupon adopted by the
following vote :-
'YES: Councilmen, Spooner,Weihe,Clark,Keagle & Steele(Mayor)
NOES: Councilmen, None, ABSENT: Councilmen, None.
No further business appearing, the City Council adjourned on
motion of Councilman Weihe.
(The foregoing minutes read and Atte t:
approved without correction at �_tyiCler .
a regular Council meeting held
May 1st., ))
I;
?Layor of the City of Lodi .
Way 1 - 1933.,/