HomeMy WebLinkAboutMinutes - August 21, 193350
COUNCIL CHAMBERS - - CITY COUNCIL
CITY HALL -- CITY OF LODI
Monday, August 21,1933 -
This regular meeting of the City Council of the City of
Lodi was called to order at 8 o'clock P.M. on the date first
above written t Councilmen Clark, Keagle, Spooner, 'Weihe and
Steele (Mayon present, none absent.
The minutes of the last meeting of the Council held { i
August 7, 1933 were read, approved as read and so endorsed
by the Mayor.
No persons appeasing at this time, the order of Public
Hearings was passed and the Council proceeded to hear com-
munications and reports :
A. A. Schauer applied by letter for a position at the
City Sewage Disposal Plant if and when a vacancy should occur.
Lodi Business & Proffessional 'Women's Club applied by
letter for permission to use Lawrence Park on the evening of
August 28,1933. Application ordered granted.
he Clerk read a letter from State Compensation Insurance
Fund notifying the City that the basic rate for the members of
Lodi Volunteer Fire Department Aould be raised to $10.41 per
member after August 21st.1931 owing to the adoption of S.B.No.
1042 in the last Legislature. The Clerk was ordered to obtain
a complete list of all active firemen, eliminating all un-
necessary men, and transmit it to the insurance carrier for
the City at once.
The Library Budget for the fiscal year 1933-34 was present-
ed and ordered filed until the general budget was under consider-
ation.
Otto Barth was granted a license to distribute lawful malt
and vinous liquors to re-tailers for resale.
Ire action of the Council informally on August 14th in rega-
rd to the installation of approaches to the proposed service
station on the Southwest corder of School and Elm Streets by
which the walk was to be brought to grade and the work to be done
under the direction of the Acting City Engineer was approved
on motion of Councilman Spooner, Keagle second.
Five building permits totalling $7,225.00 were granted.
Bills in the amount of $2,470.08 as approved by the Finance
Committee were allowed and ordered paid.
In furtherance of the City's -plans to erect an additional
water tower of approximately 1,000,000 gallons capacity, the
following Resolution No. 684 was introduced by Councilman Spooner,
Weihe secbnd :-
RESOLUTION No. 684
j=R.AS the City of Lodi has been and is consXdering the
feasibility of constructing an additional water tank of approxi-
mately one million gallons Capacity as an addition or adjunct to
its present municipally owned water production and distribution
system; and
,vx�REAS in order to intelligently consider and decide upon
the said improvement it is nedessary and proper that certain .
engineering work as hereinafter ordered be done.
NOW THEREFOR., BE IT RESOLVED: That halter L. Huber, Con-
sulting Engineer of San Francisco, California, is hereby employed
by the said City of Lodi for the purpose of reporting upon the
feasibility of constructing the said water tank, the uses and
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COUNCIL CHAMBERS - - CITY COUNCIL
CITY HALL -- CITY OF LODI
necessities for the same, and to present and submit to the City
Council of said City plans and specifications for the construc-
tion of said water tank, and to supervise the construction of
said tank and to finally pass on and approve same when erected.
BE IT tli3TRJR RESOLVED: That said Walter L. Huber, said
Consulting Engineer, is hereby authorized and directed to report
to said City Council upon the probable cost of the construction
of said water tank; and that the Mayor of the City of Lodi is
hereby authorized to obtain from said 'Halter L. Huber such assist-
ance as to the said Mayor may seem necessary and proper in obtain-
ing from the National Industrial Recovery Board (heretofore
created under and by virtue of an Act of Congress of the United
States entitled "National Industrial Recovery Act") a loan and
grant sufficient for the purpose of covering the cost of the con-
struction of said water tank.
BE IT EURTHLR RESOLVED: That for services thus to be per-
formed by said halter L. Huber he shall be paid by the City of
Lodi at the rate of $50.00 per day for each and every day which
he may consume in the performance of said work and at the same
rate for all fractional parts of days thus to be consumed, and
that the Mayor and City Clerk of said. City are hereby authorized
to enter a contract with said Walter L. Huber in accordance with
the terms and provisions of this resolution.
The foregoing Resolution No. 684 was then adopted by the follow-
ing vote:
Ayes: Councilmen - Weihe, Beagle, Clark, Spooner and Steele
Resolution No. 665 was then introduced on motion of
Councilman Spooner and Weihe's second.
RESOLUTION NO. 685
RESOLVED in the City Council of the City of Lodi, California
this 21st day of August, 1933:
(1) That this City desires to conform to and abide by all
the provisions of the National Recovery Act and all regulations
issued pursuant thereto,. in the operation of its water and
electric supply systems;
(2) That in furtherance of the purpose above stated, the
Mayor of this Citi be, and he is hereby empowered and directed
to sign on behalf of this City, the National Code for the
Electrical Industry entitled "CODE OF FAIR COMPETITION SUBMITTED
IN SUBSTITUTION 0. THE PRESIDE -14T I S RE -M-12 ,OY: E14T AGREMNT FOR
ELECTRIC LIGHT AND POAME INDUSTRY OF THE UNITED STATES" approved
August 11, 1933, PROVIDED, that said Mayor is fully satisfied
upon proper investigation and inquiry that the signing of said
substituted code is to the best interest of this City and in
furtherance of the principals of said National Recovery Act,
otherwise, he is herein expressly authorized and directed to sign
the blanket code as approved by the President of this United
States of America.
The foregoing Resolution No. 685 was then adopted by the follow-
ing vote:
Ayes: Councilmen - Weihe, beagle, Clark, Spooner and Steele
Resolution No. 683 was then introduced on motion of
Councilman Spooner and Weihe's second.
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COUNCIL CHAMBERS - - CIN COUNCIL
CITY HALL -- CITY OF LODI
RESOLUTION NO. 683
WHEP.EAS, the City of Lodi has heretofore entered into an
agreement with the Colorado Power Company under which a certain
power site consisting of real property located on the Mokelumne ---
River a short distance below the Pardee Dam in Calaveras and
Amador Counties was conveyed to the City of Lodi for the develop- i
ment of a municipal hydro -electric plant; and
WHEREAS, said property was accepted by the City Council of
Lodi for use and development of a municipal power project there-
on, subject to the conditions subsequent in the said conveyance
therein set forth.; and
N�ETREAS, previous to -the said conveyance litigation had en-
sued between the Colorado Power Company, the grantor of the City
of Lodi, and the Pacific Gas and Electric Company, involving the
right of the said Pacific Gas and Electric Company to construct
and operate its proposed new Mokelumne development and thereby
trespass upon the riparian right of the Colorado Power Company;
and
'6REREAS, subsequently the Supreme Court of the State of
California affirmed the decision of the Superior Court of Cala-
veras County thereby compelling the Pacific Gas and Electric
Company to annually release and return to the -said river, from
storage and/or natural flow, an average daily release of 475 cubic
feet per second for each day so long as there is water in any of
the Pacific Gas and Electric Company's storage works; and
10rP7AS, following the said conveyance litigation ensued
between the City of Lodi, and the East Bay .Municipal Utility —
District involving the extent of the right to the use of the
natural flow of the Mokelumne River at said site by the City of
Lodi as opposed to the asserted right of the East Bay Municipal
Utility District to condemn and extinguish said water right to
the extent of its proposed ultimate operations, which litigation
has now been finally terminated and the said District having
acquired its said asserted right.
NII-7REAS, for the purpose of protecting the City's municipal
water supply, the City of Lodi has prosecuted additional litiga-
tion against said East Bay Municipal Utility District and Pacific
Gas and Electric Company in the .Superior Court of the County of
San Joaquin, to insure a sufficient flow in the Mokelumne River
to maintain the percolation into the City's wells; and
NUEREAS, the Honorable Benjamin C. Jones, Judge, presiding
in the Superior Court of San Joaquin County at said trial, has
rendered and entered a judgment in favor of the City of Lodi
requiring specific releases by the Pacific Gas -and Electric
Company and East Bay Municipal Utility District of certain flows
of water; and
AIIEREAS, such released flows, together with all other waters
of the Mokelumne River, excepting only that portion diverted
from the water shed for municipal and domestic uses, will pass
over and across the property conveyed to the City of Lodi by the
Colorado Power Company, and such waters will be available for the
development of hydro -electric energy at the said City of Lodi power
site; and
.EDEAS, the City Council believes that the present and future
economic development of the City of Lodi and its adjacent terri-
tory is largely dependant upon securing an assured and independent
source of hydro -electric power whereby electrical energy may be
available at a low cost; and
WTu3REAS, the City Council believes, from previous investiga-
tions, engineering studies and reports concerning potential power
development at the site acquired from the Colorado Power Company
and its application to the needs of the City of Lodi and adjacent
territory, that it is desirable that an examination be made at
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COUNCIL CHAMBERS --CITY COUNCIL
CITY HALL -- CITY OF LODI
this time of the present possibility of utilizing said water re-
leases as hereinbefore referred to, through a power plant, con-
structed by the City of Lodi on said lands acquired from said
Colorado Power Company and the distribution of the electric
energy therefrom to Lodi and a Utility District; and
wHERE AS, under the National Industrial Recovery Act passed
_! by Congress of these United States, there are available Federal
Funds for the development of Municipal Improvements through
grants and loans of money to self supporting projects; and
''hHEEREAS,•the City Council of the City of Lodi has hereto-
fore employed Messrs. Belson A. Eckart, Walter L. Huber and
Fred C. Herrmann, Civil Engineers of high standing and reputa-
tion in the City and County of San Francisco, to investigate
and report upon the project herein under consideration prior
to the termination of the above mentioned litigation.
HOW TE-ER3 OR.E BE IT RESOLVED: That in the opinion of the
City Council of the City of Lodi, the present conditions dic-
tate that further and immediate consideration be given to t%e
development of the hereinbefore mentioned power project, and
that the City Council should place itself in a position to
fully and definitely inform the residents of Lodi and the
adjacent territory of the feasibility of the proposed develo-
ment ; and -be it
FMITHME RESOLVED, that for the purpose of obtaining such
information the Mayor be and he is hereby authorized and direct-
ed to employ Consulting Engineers Messrs. Nelson A. Eckert,
'Halter L. Huber and Fred C. Herrmann to fully and completely
investigate and report upon the present facts concerning costs,
- markets, financing and economic feasibility of the construction
i and operation of the Power Project as hereinbefore referred to
and as it may be adapted to the needs of the City of Lodi and
the adjacent territory.
FINALLY RESOLVED, that as soon as this information can be
obtained the Mayor is requested to transmit the same to the
City Council for its further consideration.
The foregoing Resolution No. 683 was then adopted by the follow-
ing vote:
Ayes: Councilmen - Weihe, Heagle, Clark, Spooner and Steele
Resolution No. 686 was then introduced on motion of
Councilman Weihe, Clark's second.
RESOLUTION NO. 686
NE2REAS, the City Council of the City of Lodi has heretofore
passed and adopted its Resolution No. 683 wherein the Mayor of
said City is authorized to employ Consulting Engineers Messrs.
Nelson A. Eekart, Walter L. Huber, ±red C. Hermann, to investi-
gate and report upon the present facts concerning costs, markets,
financ'nR and economic feasibility of the construction and opera-
tion o the power project owned b;- the City of Lodi and situated
in Calaveras and Amador Counties i-mmediately below the Pardee Dam
on the -'.rokelumne River, as the said project may be adapted to the
needs of the City of Lodi and adjacent territory; and
4HER3AS, the said Consulting Engineers have each tendered
their services,to the City of Lodi for the purpose of perform-
ing each and all of the above-mentioned services at a cost of
450.00 per day to be paid each of said engineers respectively
for such time as they may each consume in the performance of all
of said services; and
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COUNCIL CHAMBERS -- CITY COUNCIL
CITY HALL - - CITY OF LODI
WHEREAS, in consideration of the City of Lodi accepting the
said services of said engineers, said engineers have each tendered
to said City of Lodi their future services (if and when said
power project may actually be constructed) for the doing of any
and all other engineering work at the same per diem cost respec-
tively.
NOW THERErORSH, BE IT RESOLVED: That the City of Lodi hereby
accepts the said offer of each of said engineers, that is to say,
their respective offers to fully and completely investigate and
report upon the present -facts concerning the costs, markets,
financing and economic feasibility of the construction and opera-
tion of the power project hereinabove referred to as it may be
adapted to the needs of the City of Lodi and the adjacent terri-
tory, and the Mayor of the City of Lodi is hereby authorized
to employ the said consulting engineers respectively for such
purposes and upon said respective per diems.
BE IT FURTHER RESOLVED: That if and when the power pro-
ject shall actually be constructed, the Mayor of the City of
Lodi is hereby authorized to employ any br all of said consult-
ing engineers for the purpose of performing such additional
engineering work necessary or incidental to the construction of
said plant as to said City Council may seem fit and proper at
and upon the said per diem of $50.00 per day in accordance with
the tender so made by said consulting engineers.
The foregoing Resolution No. 686 was then adopted by the follow-
ing vote:
Ayes: Councilmen - Weihe, Keagle, Clark, Spooner and Steele
On motion of Councilman 'Weihe the City Council then
adjourned to and until Tuesday September 5, 1933.
Atte
City Clerk.
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