HomeMy WebLinkAboutMinutes - October 2, 1935261
COUNCIL CHAMBERS --CITY COUNCIL
CITY HALL - - CITY OF LODI
Wednesday, October 2, 1935
The City Council of the City of Lodi nut at 8:00 o'clock P.M. of
Wednesday, October 2, 1935. Mayor G.M.Steele called the meeting to
order and the Clerk called the roll:
Present: Councilmen, C1ark,Graffigna,Spooner,t7eibe and Steele.
Absent: Council_a., Prone.
On motion of Councilman Spooner, seconded by Councilman Teihe, the
following resolution was introduced and read at length by City Attorney
Glenn West :
RESOLUTION NO. 807
WHEREAS, the City Council of the City of Lodi heretofore duly and
regularly passed and adopted its Resolution No. 802 directing the iss-
uance of certain bonds of the City of Lodi to be known as said city's
1935 Electric Bonds; and
WHEREAS, said City duly and regularly caused notice to be 'given
inviting bids for the sale of said bonds and providing that said bids
should be opened at eight o'clock in the afternoon on September 30th.,1935;
and
:9F;E✓'.EAS, an action has been commenced in the Superior Court of
the State of California, in and for the County of San Joaquin, therein
numbered 27119, and entitled "Pacific Gas and Electric Company, a corp-
oration, Plaintiff, vs. The City of Lodi et als,Defendante, wherein a
certain temporary restraining order to show cause was issued, which
temporary respraining order and order to show cause, together withcopy
of summons and complaint in said action were served upon said City
and all the members of the City Council thereof, who are named in
said action as defendants, on September 30th,1935, and prior to eight
o'clock in the afternoon of said day; and
WHEREAS, a suit in equity vies commenced on September 30th,1935,
in the district Court of the United States for the Northern District
of California, Northern Division, being Equity No.12445, entitled,
"Pacific Gas and Electric Company, a corporation, Plaintiff, vs,The City
of Lodi, et al, Defendants" wherein a "Temporary Restraining Order"
was issued and served upon said City of Lodi and the said councilmen
as defendants named in said suit, on September 30th,1935, and prior to
eight o'clock in the afternoon of said day in and by which last-mentioned
"Temporary Restraining Order" the said City of Lodi and the said city
councilmen and the said City Council of the said City of Lodi, are
restrained, among other things, from selling, issuing, signing, executing,
delivering or otherwise disposing of any and all of said 1935 Electric
Bonds; and
WRE;P.EAS, several prospective bidders appeared at the meeting of
said City Council at 8:00 o'clock in the afternoon of September 30,1935:
and whereas, said prospective bidders failed and refused to make any,
bids or offers to said city for said bonds, because of legal proceedings
and particularly because of said "Temporary Restraining Order and Order
to show Cause" and said "Temporary Restraining Order"; and whereas,
because of the premises, no bids have been received for the purchase of
said bonds;
N0W, THERnORE,BE IT RESOLVED, that the natter of further adver-
tising for the sale of said bonds, and the matter of the selling,
issuing, signing, executing, delivering or otherwise disposing of
any or all of said municipal bonds, be and the same are hereby deferred
and continued until further order, resolution or direction of said
City Council.
BE IT FURTHER RESOLVED, that it is not the intention hereby to
revoke or rescind in whole or in part the said Resolution No.802 nor
any resolution or order heretofore passed or adopted by said City Council.
The foregoing Resolution No. 807 was then passed and adopted by
the following vote:
Ay -ES: Councilmen, Spooner, Clark, Graffigna, Weihe and Steele.
NOES: Councilmen, None.
ABSEKT: None.
City Attorney Glenn West then reported orally upon the status of
the pending suits of Pacific Gas and Electric Company against the City.
.'.t the order of the Mayor, none dissenting, the Pty Co oil adjourned
to and until the date of its next regular meeting. a-zp