HomeMy WebLinkAboutMinutes - December 16, 1935282
COUNCIL CHAMBERS - -CITY COUNCIL
CITY HALL - - CITY OF LODI
Monday, December 1^, 1935
The City Council cf the City of Lodi net In regular meeting
at 3:00 o'clock P.Y. on the date first above written. Councilmen Clark,
Graffiene, Weihe and Steele present. Councilman Spooner absent. _
The minutes of the regulLr meeting held Dezember 2, and of
the meeting ad+ourned therefrom, held December 10, 1935 were read
by the clerk and anproved and so signed by the Mayor.
Mr. Lot Lachenmeter addressed the Council in regard to the
use of the vacant lot North or 429 North Sacramento Street by the
Sunermold Cornoration for the piling of lumber and surplus material.
Mr. 'rook of th4 Sunermold Cornnrat_on told the Council that this use
of the lot wauld be temporery pending the success of recently installed
methods in his ?lnnt for drying foundry cores. Mr. Lechensater was
infor=ed tts t there was no zoning ordinance in the city that prohibited
the use. �of this lot for commercial purnoses and t^.at it was very
doubtful;* -het a zoning ordinance would consider his property to be in
a co=.erci=_1 ?one.
The Cierk was instructed to get in touch with a reputable
planning enineer and ascertain the costs of a survey looking towards
the adoption of a City ?lan.
Communicstionc: The Clerk read a letter from J. H. Wade
Director, District No. 3 of the Works Progress Administration, stating
that the A. P. could make no guarantee to complete any W. P. A.
Protect.
It a?;nearing on statement of the Clerk that the second
installament of taxes for 1934 on certain lots now otned by the City
and located in Le::•rence Homestead Addition. had not been paid, the
Mayor was authorised to oetitlpn the Board of Supervisors for the
cancellation of these taxes 1n the ensuig tax sales. This was done
by the edoDtion of Resolution 821 by the following vote:
&VIRS: Councilmen, Weihe, Graffigna, Clark and Steele
`I75S: Councilmen, None
nr53 T; Councllaan, Spooner
RRSOLUT!') r NO. 821
RPSOLL'7 ON AUTHORi2T_NG ?ETITION O THE BOA.PD
OF SU?RRVISORS FOP, TFS CANCFLLrTIOi! OF T,1ARS
VFERRAS, this City acquired certain lands in the Lawrence
Homestead Addition. to Lodi by virtue of a certain annexed decree of
distribution, dated and recorded November 7, 1934 In the office of
the County Recorder of San Joecuin County, California, said lands being
particularly described as follows: -
Map No. 2 - Lawrence Homestead Addition
Lots 1, 2 and 3 in Block 3
and Lots 1, 2, 3, 4, 5, 6,
7, 9, 10, 11, 12, 13, 14, 15,
16, 17, and lF in Bloc'c 6.
end:
! P the said lots or parcels of land were sold to the
State of California on Monday, the twenty-fourth day of June, 1935
for delinvuent taxes of 1934, and;
;XF;?F4S, said lands are not subect to final tax sale being
the prooerty of this City, a municipal corporation;
BE 1T ?ac T. ,D, th=t the 1Eayor of this City be -,and he is
hereby authorized snd directed, to petition the board of Suoervisors
(by and with the consent of the District attorney) to cancel said
delinpuent taxes and tax. sale In accordance with Section 3804-a of
the Pollti Code of Vnl'! State.
28_
COUNCIL CHAMBERS. -CITY COUNCIL
CITY HALL - - CITY OF LODI
Eight buildins nermlts were zrynted being application, Nos. 1375 to 1383
inclusive for structures to cost $23.260.00.
It appearing from statement by the City Attorney that certain
minor c-)rrections should be made In the minutes of November 18, 1935 and
particularly in the wording of Resolution 815 adopted thereat, the City
Council was directed to correct the minutes in the following particulars
In Resolution. No. 815: Change Paragraph 3 to read "Whereas, the City of
Lodi, xrentee therein, has met and discharged the requirements of conditions
subsenue,nt nuTbered "One" and "Two" as is acknowledged in the "Fifth
Suonlem;,nt to Deed" and has fully oerformed the reoulrements of condition
"':'hree" of said deed end supnlementary deeds to the extent of calling and
holding an election to vote bonds for the construction of the protect
works therein; which election was held and conducted on the 12th day of
Sentexber, 1935 and the said Colorado Power Company was given notice of
said election and of the result thereof; and,". Change Paragraph 5 of
said r= coliition to read " WHR35rS, the City of Lodi is restrained end
enjolnpd from the sell1mr of the bonds authorized to be issued at the said
electlon of September 12, 1935 and/or from the expenditure of any moneys
received from the sale of said bonds or received from any loan and grant,
from the United States of America by reason of certain law -sults filed
by the ?acifle Gas & Electric Comaany azair.st said City and now pending in
the ?ederal and State Courts, so that said City is prevented by force
from performing the remaining conditions subsequent Mos. "Three", "Four",
"Five" and "Six" of said deed and deeds supplementary thereto;". And
change Paragraph 6 of said resolution to read " THEREFORE AR IT R--S()LVFD1,
that this City Council of the City of Lodi do hereby request the sale -
Colorado Power Company to extend the time allowed by said deed of January 9,
1929, as already extended by said five supplementary deeds (particularly
by said "fifth" Supplement to Deed) for and additional period of one year,
within which the remaining conditions enumerated in said deed dated
January 9, 1929, as conditions numbered "Third", "Fourth", "Fifth" and
"Sixth" lav be oerformed and complied with by the Cit_r of Lodi, grantee
thereunder, upon the same understanding by the City of Lodi as set forth
In seld Resolution Nos. 566 and 56T-" Itotion carried and so ordered.
On motion of Councilman Teihe, seconded by Councilman Greffiene.
the Revor was directed to give notice to the Colorado Power Company
In accordance with "Condition Third" of the deed of January 9, 1929 that
the City had complied insofar as it was able with the conditions stated
therein. Said Notice reads as follows:-
N'TICE OF PERFEnPMANC? '?Y THE CITY OF LODI OF CEPT�TV
CONDITIONS SUPSE:.UnNT MRNTIONRD AND SST OUT IN THAT
CERTAIN D??.D D=TFD JANUARY 9th, 1929, AND EXECUTED EY
COLOF am D11w7o r,� !P _prr, a COP?ORATION, TO CITY OF LODI,
;.'.'1` RRCORDED IF VOL. 47 OF DEEDS AT 'ACrE 165 IN THE
OFFICE O= THE COUNTY RFC1JRE=R OF TNF C'-OUNTY CP AMADo-F,
ST Tr 0? CAT - r)FNIA.
To Colorado Power Company, a Corporation:
You will please take notice and you are hereby notified that in
compliance with, and pursuant to, the conditions subsequent which are made
S. part of the deed hereinabove mentioned, and pursuant to five certain
supplemental deeds, extending the time for performance of said conditions
subse^uent, the City Council of the City of Lodi heretofore had an election
d'lly celled and held for the purpose of determination by the electors of
the Cltv_ of Lodi of a or000sltion to incur the necessary indebtedness
for the construction and operation of the power plant and transmission line,
^en" oned and referred to In said deed, and in the said five supplements
there to, and that said election was held at and In the said City of Lodi on
the 12th day of Sentember, 1923-5, end that in and by said election s,irh
indebtedness was arproved by the electorate of said city.
You are further notified that the said City of Lodi is ready to ?roceed
with the financing and construction of the project works mentioned and
referred to in the said deed and in the five sup-)lements thereto, and is
able to proceed with the firancirz and construction of said project work
arc?tet inGofer as said city is restrained or enjoined from doing so in and
by those certain lawsuits filed and commenced by the Oacific Gas and
Electric Comneny, a coaporatlon, aalnst said city and now pending in the
COUNCIL CHAMBERS -. CITY COUNCIL
CITY HALL -- CITY Of LODI
United States District Court for the Northern. District of California,
Southern Division, and in the Superior Court of the State of Cal'fornia
in and for the County of San Joaquin, and by such restraining order or
orders, and Injunction or injunctions as have been or may hereafter be
made, rendered or entered in either or both of said lawsuits.
Dated: December 1935.
Mayor of the City of Lodl.
Attest.
City Clerk
The Colorado Power Company having presented a deed marked
"Sixth Suoolement to Deed" wherein the time for the performance of
certain conditions subsequent was extended as asked in Resolution
915 for a oeriod of six months, the said deed was accepted and
ordered filed and recorded by the adoption of Resolution 823.
RRSOLLITIJN 823
RRSOLVRD, by the City Council of the City of Lodi, County
of San Joaquin, State of California, that, whereas, Colorado
Power Company, a corporation, has delivered to said City a certain
"EXITH S"?FLF'!ENT TO DEED" dated December 1935;
NOW, THEPRFOP3, the said City of Lodi does hereby accent the
said "c;Xr SUPPLEMENT TO DEED" subject to all the terms and conditions
thereof, and hereby directs that said "SIXTH SUPPLFM1?NT T7 DERD"
be recorded in the office of the County Recorder of the County
of Calaveras, State of California and in the office of the County
Recorder of Am-ador County, California, and that a certified
copy of this resolution be annexed to said "SIXTH SUPPL3YS?IT TO
DEED."
The foregoing resolution No. 823 was then passed and adopted
by the following vote: -
AYES: Councilmen, Welhe, Graffigna, Clark and Steele
"1755: Councilmen, None
ABSENT: Councilman, Spooner
On motion of Councilman Clark, seconded by Councilmen Weihe,
claims Nos. 25,231 to 25,27T Inclusive in -the amount of $2,885_29
were allowed and ordered granted.
On recommendation of the City Engineer anDlication for R.P.A.
Projects for the installation of concrete curbs and gutters on
Olive Court, DeForce Avenue and Daisy Avenue wrs authorized by
the adoption .if Resolutions 822 and 824_
RESOLUTION N0. 822
RESOLVED, by the City Council of the City of Lodi, County of
San Joanuin, State of California;
That the Mayor be and he is hereby authorized and directed to
make aoplication to t::e Works Progress ,administration for the
following enumerated protect, and that J. F. SL..KRLY, City Cie rk
of this City be and he is hereby authorized and directed to certify
to such papers as may be necessary to put ti:ese projects Into
overstlon, said Mayor and said City Clerk to act as Sponsor's
Azent and Fiscal Offieer, respectively_
u0`
COUNCIL CHAMBERS -• CITY COUNCIL
CITY HALL - - CITY OF LODI
The project for which anplicetion is to be side is as follows:
Construction of :LC25 lineal ft. if curb and z__tter a -e
21 driven=ys and alleyways consisting of 870 so, ft. on
Olive Court and DeForce Avenue. This project includes
the laying of 45 lineal feet of 611 concrete pipe and 255
lineal feet of 81 concrete pipe and one manhole and two
catch basins for a storm sewer on Pleasant .venue from
Olive Court to Daisy Avenue. This work also contemplates
the grading of Olive Court and DeForce Alrenue.
Councilman
The foregoing Resolution No. 822 was passed and adopted by
the following vote:-
;!SS: COUNCILMEN, Graffigna, Weihe, Clark and Steele
NOUS: COUNCILIE11, None
ABSENT: C3tJ`1:IL_"AN, Spooner
PS'SOLU.I"!! `10. 824
RES',i Er.: by the City Council of the City of Lodi, County of
San Joacuin, State of California;
T'.^.=_t the Mayor be and he is hereby authorized and directed to make
application to the Works Prograss Administration for the following
enumerated project, and that J. F. BL:.f3i.'', City Clerk of this City be and
he is hereby authorized and directed to certify to such oapers as may
be necessary to out these projects into operation, said Yavor and said
City Clerk to act as Sponsorls Agent and Fiscal Officer, respectively.
The oroteot for which annli:=.tion is to be made is as follows:
Construction of concrete combination curb and nutters
along the property lines of Daisy Avenue between the
west line of Sacramento Street and the cast line of
Horth School Street and the grading and oiling of the
roadway of the said portions of said Daisy Avenue-
Counci 1man
No further business appearing the City Council adjourned on
.nition of Councilman Wellie,.seconded by Councilman Clerk.
ATTSST:
F. BLK-SLY, City ler
3f ..ne CIty
Cp �cil 3. the City .f L:)di
zere __ad at a s..cseruent
Jan , 1336 =d
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