HomeMy WebLinkAboutMinutes - November 9, 193636`
COUNCIL CHAMBERS -- CITY COUNCIL
CITY HALL -- CITY OF LODI
bcrday, November 9, 1936
The City Council of the City of Lodi met in adjourned regular
session at 8 o'clock P.1:, of Monday, November 9, 1936, Councilmen Clark,
-- Graffigna, Spooner, Weihe and Steele present, none absent.
The minutes of the last reo lar meeting held November 2, 1936 were
read, approved as read and so indorsed by the 11ayor.
There being no persons present who desired to address the Council
the order of Public Hearings was passed and the City Council proceeded with
special proceedings.
The City Clerk reported orally that no protests against annexation
of land under Resolution No. 862 had been filed with him and that the ssme
had been published according to law, and also presented the affidavit of
Clyde C. Church confirming the same. Resolution No. 864 ordering and calling
an election on "Academy Addition" was introduced on motion of Councilman
Neihe, seconded by Councilman Graffigna and read at length by the Clerk.
RESCLUTION NO. 864
WIT—VE-AS this City Council of the City of Lodi, County of San
Joaquin, State of California did receive a petition on the 5th day of October,
1936 wherein it was asked that certain lands thereih described be annexed to
and made a part of the City of Lodi, such annexed territory to be designated
as "Academy Addition" for the purposes of such annexation, and;
AH?=u_'S, on the 19th day of October 1936, such date being the first
meeting of this City Council following the reception of said petition, this
City Council did find, on report of the City Clerk, that the number of persons
signing said petition were in excess of one-fourth of the qualified electors
residing within the territory so proposed for annexation and did pass and
adopt its Resolution No. 862 declaring the intent of this City Council to
order, call end conduct an election within fifty days from and after the adoption
of said Resolution, and, among other things, said Resolution No. 862 did
designate and give notice that objections of owners of real property located
within the boundaries of the territory proposed to be annexed would be heard
before this City Council in its Council Chambers, City Ha11;.City of Lodi at
the hour of 8:00 o'clock PX. on 1londa7, the 9th day of i''wember, 1936; and,
WF—ELEA4, publication of said Resolution No. 862 was bad in time,
form and manner as required by law in the 'Loci News -Sentinel" a newspaper
of general circulation printed and published in the City of Lodi, (there being
no newspaper published within the boundaries of the district proposed for
annexation), as is evidenced by the affidevit of Clyde C. Church, the publisher
of said Lodi News -Sentinel on file and of record in the office of the City
Clerk, and;
��F...:"sS, no objections of property owners owning lands within the
boundaries of said proposed district have been filed with or presented to this
City Council or to the Clerk thereof up to the hour of 8:00 eclock P.M. of
Monday, November 9, 1936 and this City Council has acquired jurisdiction
herein, now therefore,
BE IT RESOLVED: that this City Council does hereby find, determine
and declare that said petition for annexation was regu l rly circulated signed
and filed and was signed by not less than one-fourth of the qualified electors
residing within the territory proposed for annexation;
'"hat Resolution Pio. 852 was regularly published in time, foam
and manner as required by law and that due notice was given thereir. of the
tir.e and place of heerin.^, of property owners aFainst such annexation;
370
COUNCIL CHAMBERS - - CITY COUNCIL
CITY HALL -- CITY Of LODI
That no protests were received by this City Council or filed
with the City Clerk wherein oz-ners of reel property within the district
proposed for annexation objected to such annexeticn and therefore, this City
Council nor has jurisdiction to call, order and conduct an election on the
question of annexation -within said territory and such election is hereby
calla d and ordered to be held on Tuesday the 15th day of December, 1936
for the purpose of submitting to the qualified electors residing therein,
the question whether the territory bounded and described as follows,
shall be annexed to and made _art of the City of Lodi and from the date of
such annexation, shall be taxed equally with property within the present
City of Lodi for payment of principal and interest on bonds issued and
outstanding at the date of such election. The territory herein proposed
for annexation and within which said election shall be held and conducted
is particularly bounded and described as follows: -
Cor en ing on the West line of Cherokee Lane (as said west line now
exists) at a point where said '-Iest line of Cherokee Lane is inter-
sectedby the North line of Poplar Street in the "Lodi Barnhart Tract",
thence Southerly on and along the now existing ++est line of
Cherokee Lane to a point where the same intersects the +forth line
of Kettleman Lane as said Kettleman Lane is delineated and so
designated on the official map of "Lodi Barnhart Tract", thence
rleste-ly on and along the ;forth line of said Kettleman Lane to a
point 269 feet Easterly and 25 feet Northerly from the Southwest
corner of Section 12, Township 3 North, Range 6 Zest, L:.D.B.&M.,
such point being the Southwest corner of "Bewley Suburban Acres"
as Der the official map thereof, thence Northerly on and along
the -West line of said Bewley Suburban Acres and its Northerly
continuation to the intersection of the same with the North
line of the Southwest one-quarter (4) of Section 12, Township 3
North, Barge 6 East, L2.D.B.&M., thence Westerly on and along, said
North line of the South-west one:quarter (1) of Section 12, a
distance of 301.6 feet more or less to a point 30 feet East from
the Northwest corner of said Southwest one-quarter (4) of Section 12,
such point being on the East line of "inby Avenue, thence Northerly
on and along said East line of Quinby Avenue a distance of 706 feet
more or less to the present boundary line of the City of Lodi,
thence Easterly on and along said boune ary line to a point on the
Past line of South School Street in"Sutchins Addition", thence
Southerly along said Enst line of South School Street to the inter-
section of the sane with the Westerly extension of the North line
of Poplar Street, thence Easterly along the said Northerly line
of Poplar Street and its *,:esterly extension to its intersection with
the present Westerly beun,lary line of Cherokee Lane and the point
of beginning first in this description mentioned. The lands herein
described and sought to be annexed to the City of Lodi are delineated
and designated on or form a part of lands included in the following
maps and plats, San Joaquin County records:
Lodi Barnhart Tract, Filed November 5, 1906
Acacia Tract, Filed June 28, 1921
A. J. Larson's Subdivision of a Portion of 5411, of
Section 12, T3N, R6E, Filed December 8, 1891.
Bewley Suburban Acres, riled Larch 7, 1921
Futchins Addition to the Town of Lodi, riled April 10, 1697
Said territory, next hereinbefore described is hereby designated
"AC_=,"T ADDITICN" for the purpose of identification by which name said
territory may be referred to and indicated upon the ballots to be used at
said election.
The electors resident in the said territory and qualified to vote
therein are hereby directed to vote in the following manner. Upon the ballots
to be used at such election there shall be printed the words "Shall Academy
Addition be annexed to, incorporated in and made a part of the City of Lodi,
and the property therein be, after such annexation, subject to taxation
371
COUNCIL CHAMBERS --CITY COUNCIL
CITY HALL - - CITY Of LODI
equally rith the property within such municipal corporetion to pay that
portion of the bended indebtedness of the City of Lodi issued and out-
standing at the date of the .filing of the petition for annexation: to -grit,
issued and outstanding on the 5th day of October, 1936", opposite these
words there shall be printed the words "des" and "No" and to the right of
each of these last two words there shall be a voting square. If an
elector shall stamp a cross (x) in the voting square after the printed
word "Yes" the vete of such elector shall be counted in favor of the
annexation of the territory referred to in such proposition to the City of
Lodi under the conditions therein stated, and if an elector shall stamp
a cross (X) in the voting square after the word "No" the vote of such
elector shell be counted against such annexation.
The ballots used at such election and the holding and conducting
of such election, shall be in conformity, as near as may be, smith the laws
of this state concerning general elections, except as herein otherwise provided.
The polls shall be open from 6:00 A.D.I. to 7:00 P._':. of said day. The Judges
and inspector of such election for each polling place shall, immediately
on the closing of the polls, count the ballots, make up, certify and seal
the ballots and tally sheets of the ballots cast at their respective polling
places, doing so, as nearly practicable, in the manner provided in the laws
of this State relating to general elections, and they shall thereupon
deliver the ballots, tally sheets and returns to and deposit the same with the
City Clerk of this City.
The bonded indebtedness of the City of Lodi hereinbefore
referred to issued and outstanding at the date of the filing of
the petition for annexation, on the date of the first publication
of the notice of election, and on the date herein set for said
election, the purposes thereof, the principal amount outstanding
and the interest rates thereon are as follows: -
Improvement
ollows:-Improvement Bonds 1908 issued for x'50,000 of which there is _till
outstanding $3,333.34 bearing interest Q 5% per annum incurred for
acquisition, construction and completion of a sewer system.
Improvement Bonds of 1921 issued for $200,000 of V&ich there is
still outstanding $53,000 bearing interest d 5i% per annum in-
curred for the acquisition, construction and completion of
additions to water system, storm sewers, sanitary sewers, additional
fire mains and additional equipment for the municipal electric
plant.
Improvement 'fonds of 1923 issued for $100,000 of which there is
still outstanding the sum of $30,000 bearing interest 2 5% per
annum incurred for the acquisition, construction and completion
of a sewage disposal plant.
Semple ballots containing the matter required to be printed
thereon shall be mailed to the electors of said territory by the City Clerk,
but a failure on the p^rt of any elector to receive such sample ballot
shall not be held to invalidate the election or affect in any manner the
legality thereof.
'.here shall be one voting precinct within said territory for the
purpose of holding said special election, which voting precinct is hereby
established by this City Council for that purpose and designated Election
Precinct Yo. 1" the bcundaries of which shall be co -extensive with the
boundaries of the territory herein proposed to be annexed to the City of
Lodi. The voting plate at which the polls will be open for said special
election in said territory shall be at the garage of airs. :+lice H.
Weitz, 1325 South Central Ave -rue, there being no place commonly used as
a voting place within such territory.
The officers to conduct said special election in and for said
voting place in said territory are hereby appointed and designated as
follows:
JUDGM: Dais. 7eda Knapp and irs. Avis Ball.
is:_`TZOTCR: Charles K. Stemler.
372
COUNCIL CHAMBERS --CITY COUNCIL
CITY HALL -- CITY OF LODI
each of the foregoing election officers being a qualified elector of said voting
precinct.
The City Clerk of this City will cause proper notice of this
election to be published at least once a week for four successive weeks
next preceeding the date of this election in the "STOCKTON R.0O3D" a
newspaper of general lirculation printed and published outside the City
of Lodi but in the County of San Joaquin and hereby designated by this
City Council for the purpose, such notice to be in substantially the
following words:
NOTICE OF SPECIAL SLECTICN
NOTICE IS FER T! 0,17EN that, in response to a petition 1'cr annexation,
and pursuant to law and proceedings heretofore had, a special election is
hereby called and ordered to be held on i_ONT`-.AY, the 15th day of DECEZER,
1936 within the territory hereinafter described, for the purpose of sub-
mitting to the qualified electors residing therein the question whether
said territory shall be annexed to and made a part of the City of Lodi and,
from the late of such election, be taxes equally with property within the
present City of Lodi to pay twat portion of the bonded indebtedness of said
City issued and outstsnaing at the date of the first publication of this
notice.
Said territory shall be designated as "ACAD=nY ADDITION" and shell
be so named on the ballots to be used at said election and is particularly
bounded and described as follows -
Co=ening on the Test line of Cherokee Lane (as said west line now
exists) at a point where said :jest line of Cherokee Lane is inter-
sected by the "forth lire of Poplar Street in the "Lodi Barnhart
Tract", thence Southerly on and along the now existing West line of
Cherokee Lane to a point where the same intersects the Borth line
of Kettleran Lane as said Eettlemaa Lane is delineated and so
designated on the official map of, "Lodi Barnhart Tract", thence
Westerly on and along the North line of said Kettlemaa Lane to
a point 269 feet Easterly and 25 feet Northerly from the Southwest
corner of Section 12, Township 3 North, Range 6 East, M.D.B.&yt.,
such point being the Southwest corner of "Bewley Suburban Acres"
as per the official map thereof, thence Northerly on and along
the West line of said Bewley Suburban Acres and its Northerly
continuation to the intersection of the same with the North line
of the Southwest one-quarter (4) of Section 12, Township 3 North,
Range 6 East, Li.D.B.&U. , thence Westerly on and along said North
line of the Southwest one. quarter (4) of Section 12, a distance
of 301.6 feet more or less to a point 30 feet East from the North-
nest'corner of said Southwest one-quarter (4) of Section 12, such
point being on the East line of quinby Avenue, thence Northerly
on and along said East line of quinby Avenue a distance of 706
feet more or less to the present boundary line of the City of Lodi,
thence Easterly on and along said boundary line to a point on the
East line of South School Street in "Hutchins Addition", thence
Southerly along said East line of South School Street to the
intersection of the sane with the Westerly extension of the North
line of Poplar Street, thence Easterly along the said Northerly
line of Poplar Street and its Westerly extension to its intersection
with the present Westerly boundary line of Cherokee Lane and the
point of beginning first in this description mentioned. The lands
herein described and seught to be a-Lexed to the City of Lodi
are delineated and designated on or form a part of lands included
in the following maps and plats, San Joaquin County records:
Lodi Barnhart Tract, Filed November 5, 1906
Acacia Tract, Filed June 28, 1921
n. J. %arson's Subidibision of a Portion of Soh Section 12,
T3N, 116E, Filed Dece=ber 8, 1891.
Be:.,rley Suburban acres, Filed Larch 7, 1921.
Rutcsins Addition to the Town of Lodi, Filed koril 10, 1897.
COUNCIL CHAMBERS - - CITY COUNCIL
CITY HALL -- CITY Of LODI
The bonded i-debtedness of said City above referred to, at the date
of the filing of the petition for annexation, at the date of the first
publication of this notice and at the date herein set for said election is
as follows:
Improvement Bonds 1908 issued for ;50,000 of which there is still
outstanding $3,333.34 bearing interest 0 5% per annum incurred
for acquisition, construction and completion of a sewer system.
Improvement Bonds of 1921 issued for 0200,000 of which there is
still outstanding $53,000 bearing interest ® 514% per annum in-
curred for the acquisition, construction and acmpletion of
additions to water system, storm sewers, sanitary sewers,
additional fire .sins and a9ditional equipaent for the
municipal electric plant.
Improvement Bohds of 1923 issued for $100,000 of which there is
still outstanding the sum of ;30,000 bearing interest per
annum incurred for the acquisition, construction and completion
of a sewage disposal plant.
The electors resident in the said territory and qualified to
vote therein are hereby directed to vote in tate following manner. Upon
the ballots to be used at such election there shall be printed the
words "Shall Academy Addition be annexed to, incorporated in and
made a part of the City of Lodi, and the property therein be, after
such annexation, subject to taxation equally with the property within
such municipal corporation to pay that portion of the bonded indebted-
ness of the City of Lodi issued and outstanding at the date of the
filing of the petition for annexation: to -wit, issued and outstanding
on the 5th 'ay of October, 1936" opposite these words there shall be
printed the words 'Res" and "No" and to the right of each of these last
two words there shall be a voting square. If an elector shall stamp
a cross (X) in the voting square after the printed word "Yes"
the vote of such elector shall be counted in favor of the annexation of the
territory referred to in such proposition to the City of Lodi under the
conditions therein stated, and if an elector shall stamp a cross (Y)
in the voting squa_rre after the word "No" the vote of such elector shall be
counted against such annexation.
The ballots used at such election and the holding and conducting
of such election, shall be in conformity, as near as may be, with the laws
of this state concerning general elections, except as herein otherwise
provided. The polls shall be open from 5:00 AX. to 7:00 P.LI. of said day.
The judges and inspector of such election for each polling place shall,
immediately on the closing of the polls, count the ballots, make up,
certify and seal the ballots and tally sheets of the ballots cast at their
respective polling places, doing so, as nearly practicable, in the manner
provided in the laws of this State relating to general elections, and
they shall thereupon deliver the ballots, tally sheets and returns to
and deposit the same afith the City Clerk of this City.
Sa-ple ballots containing the =atter required to be printed
thereon shall be mailed to the electors of said territory by the City
Clerk, but a failure on the part of any elector to receive such sample
ballot shall not be held to invalidate the election or affect in any
manner the legality thereof.
j There shall be one voting precinct within said territory for the
purpose of holding said special election, which voting precinct is hereby
established by this City Council for that purpose and designated 'Election
Precinct No. 1" the boundaries of which shall be co -extensive with the
boun4 aries of the territory herein proposed to be annexed to the City of
Lodi. The voting place at which the polls will be open for said special
election in said territory shall be at the garage of Lars. Alice H. Treitz,
1325 South Central ,enue, there being no place commonly used as a voting
place within such territory.
374
COUNCIL CHAMBERS --CITY COUNCIL
CITY HALL •- CITY OF LODI
The officers to conduct said special election in and for said voting
place in said territory are 'ne reby appointed and designated as follows:
BUDS S: IZ-.S. VEDA FG` ?PP and 3S. ':'IS PA:.I..
each of the foregoing election officers being a qualified elector of said
voting precinct.
This Notice is given pursuant to Resolution No. 864 of the City
Council of the City of Lodi as adopted by said City Council on November 9,
1936 and in accordance with the "Annexation Act of 1913" and amendments
thereto.
The foregoing Resalution :To. 864 was then passed and adopted by
the following vote:
17TS: Councilmen, iPeihe, Gra`_'figna, Clark, Spooner and Steele
`TOES: Councilmen, gone
ABSE77: CounciLren, :Done.
In the matter of the cancellation of City of Lodi 1935 Electric
Bonds the Clerk filed the following report:
To the Honorable City Council
City of :.odi
Council Chambers, City Hall
Lodi, California
Gentlemen:
In accordance with the instructions of your honorable body given
to me on the 5th day of Oztober, 1936; I have caused due and proper
publication to be had of the "NOTICE OF IN �,-1ICN OF TF_.' CITY COUNCIL 0:
TH7 CITY C? LCDI TO--BLICLY DE3TRCY CITY OF LCDI 1935 MZCTRIC BONIS
A*:a 3ANCEL AND N -UL AUTHORITY >IVM BY =-:., CUALI?IM-) EuCT0?.3 CF "_'....' C -T?
OF LODI AT A SFECIAL ELECTION PMD S-TELSER 12, 1935 FOR THE INCU?RING
OF A BC'7D1M INDEBTEDNESS IN TF-' S -M 0? $466,000," as is evidenced by the
affidavit of Clyde C. Church, the publisher and foreman printer of the
Lodi News -Sentinel, the newspaper in which notice 7 -as published.
I hereby certify that no objections, written or otherwise, have
been deposited or filed with me up to three (3) days prior to November 9,
1936 nor D-ior to 8:00 o'clock P.I. of November 9,1936 nor prior to 8:00
o'clock P.-'. of November 9, 1936.
T. BLAS Y
Clerk.
Resolution No. 866, ordering destruction of the City of Lodi
1935 Electric Ponds was intPoduced on motion of Councilman Spooner, seconded
by Council -an Grsffigna and read at length by the Clerk.
RESOLUTION NC. 866
IC
•'
R�CLL'_' , C? Tfi3 CITY LCI CZREC .., 1 -?7 Cn'CES,L-4TICPJ A*7D
DES^.ICN C_ CITY C? LCDI 1935 .".E-3LRIC BCNDS AUTFC IZED TO
BE ISSUED =UR3u a7 TO ?ti ELECTION HELD T+ SAT-) CITY ON SZIT y.'3 R
12, 1935.
WHE? AS, by Resolution No. 858 of the City Council of the City
of Lodi, passed and adopted on the 5th day of 'Ictober, 1936, the City
Council of said City determined thF-t the sale and disposal of City of Lodi
1935 Electric Bonds, aggregating in principal a=ount „.466,000, consisting
of 466 bonds of the denomination of $1000 each, numbered 1 to 466, inclusive,
dated October 1, 1935, bearing interest at the rate of four (4) per cent.
per annum, payable semiannually, and maturing in varying amounts on October 1,
in each of the years 1936 to 1960, inclusive (rich bonds were authorized
to be issued rursu s t to an election held in sail City on Sertember 12, 1935),
were deemed by said City Council to ha v+ become inpossible and inexpedient,
375
COUNCIL CHAMBERS -- CITY COUNCIL
CIN HALL - - CITY Of LODI
and that the destruction of all of slid bonds was desirable, and did, in and
by said resolution fix L'cndsy, the 9th day of November, 1936, at the hour of
8 o'clock P.1:. of said day and the meeting room of said Citv Council in tk
City Hall of said City of Lodi as the time and place at .-bich written objections
to the destruction of said bonds may be filed with the Clark of said City, and
-._ further directed the City Clerk of said City to cause public notice of the
intention of said Council publicly to destroy said bonds to be given by publi-
cation of such notice in "The Lodi News -Sentinel," the official newspaper
of said City; and
;'lam4, such notice in the tire, form and manner as required by
law has been duly published as appears from the affidavit of Clyde C. Church
now on file in the office of the City Clerk of said City of Lodi; and
,7P^'MAS, no ob,',ections in xriting to the destruction of said bonds
have been filed with the City Clerk of said City in accordance with the terms
of said notice and the la*rrs of the State of California; and
>=� it appears and this City Council hereby finds and determines
that -mitten objections to the destruction of said bonds signed by a xajority
of the 1=_gal voters of said City, as appears by the vote cast at the last
precedirs general ^uni^ipal election, have not been filed with the Clerk of
said City,, and that no objection of any 'rind or character to the destruction of
said bonds has been s'-'-31 by a majority of the legal voters of said City
deterr.ired _s of eresai.., and that this Ccu^oil is fully authorized publicly to
destroy said bonds; and
_ll acts, conditions and things r-quired by lad:: ecedent
to the �sstruction of said bonds on the part of said City to be done and perfcrred,
have been done _na H_7e been ?erfe*^ in dua time, form and manner. as required
b la�',r,
NC'.V, T: _R=0R3,BE IT RMCL= by the City Council of the City of Lodi
as follows, to wit:
1. - That all of the recitals -_rein set forth are true and correct
and its Council so finds and dete - ines.
2. - That the sale and disposal of said City of Lodi 1935 Electric
Bongs referred to in the recitals har_of area hereby deemed by this City Council
to have become -4--possible and inexpedient, and that the destruction of said
bends is desirable, end all of the findings and deter irzticns of this City
C uncil as set forth in Resolution No. 858 of this City Council heretofore
passed and ado -,ted on the 5th dry of October, 1936, are hereby readopted,
ratified, confirmed and approved.
3. - That the Clerk of this City Council is hereby authorized
and directed at this time and place, to wit, this 9th day of November, 1966,
at the hour of 8 o'clock P.1-*. in the meeting room of this City Council in.
She City hall of said City of Lodi, Line Street and Pleasant Avenue of said
City, publicly to destroy each and all of said City of Lodi 1935 Electric
Bonds, by perforating each of said bonds and the coupons attached thereto, which
perforations shall be made through the signatures to each of said bonds and
through the facsimile signatures of each of the coupons appertaining thereto.
Thereupon said bonds and the coupons appertaining thereto shall be null and void,
and none of said bonds or coupons shall oc astitute an obligation of the City
of Lodi, nor shall said City of Lodi issue or sell any bonds for the object and
purpose of raising money for the acquisition of the municipal improvement referred
to in the proposition submitted to the electors at said special election held
Septerber 12, 1935, nor shall any further or other issue of bonds in place of
those thus destroyed be made by said City or this City Council unless again
authorized by vote of the people of the City of Lodi as provided by law.
4. - This resolution shall take effect immediately.
PASSED AM .iOFTED this 9th day of November, 1936 by the following
vote:
XEM. Councilmen, Spooner, Graffigna, Clark, Weihe and Steele (Layor)
NcZS: Councilmen, None
i ABSEI".: Counc i1.^en, done
G.I'
• LE
!LayV
of the City of Lodi;--
California.
3!!6
COUNCIL CHAMBERS - - CITY COUNCIL
CITY HALL -- CITY OF LODI
In accordance with the foregoing resolution. the Clerk proceeded to destroy
the bonds by perforating them with holes through all signatures and facsimile
signatures affixed to the bonds and the coupons thereunto attached. The
Council then signed certificates that the bonds had been destroyed in accordance
with said Resolution No. 866.
In accordance with the agreement nd th the Pacific Gas and=lectric
Cmmpsry the <x-cution of s deed to certain lands in Amador and Calaveras
Counties named in the agreement was authorized by adoption of Resolution
No. 867.
RESCLUTIM NO. 867
RESOLVED, that in conformity with the -provisions of the offer of
the :'ecific Gas and Electric Company dated September 18, 1936, for the
purchase of certain properties from the City of Lodi situtate in the Counties
of tlmador and Calaveras, State of California, and in conformity with the
provisions of Resolution No. 857 of the City Council of the City of Lodi
'accepting said offer, the L:ayor and the Cit;; Clerk are hereby authorized and
directed to execute, acknowledge and deliver to said Pacific Gas and Electric
Company, upon payment of the consideration mentioned in said offer, a deed
in the form to which this resolution is attached.
The foregoing Resolution No. e67 was introduced on motion of
Councilman Graffigna, and seconded by Councilman Spooner, finally passed
and adopted by the following vote:
AZES: Councilmen, Graffigna, Spooner, Clark, Weihe and
Steele I!L:--70r)
NOES: Councilren, tion
ABSENT: Councilmen, None.
.Resolution Na. 868 was introduced on motion of Councilmen Clark
seconded by Councilman Weihe, read at length by the Clerk and considered
by the Council.
R�SCLUTICN N0. 868
BE IT RESOLD, By the City Council of the City of Lodi, San
Joaquin County, California, that the L:eyor of said City, Clerk of said
City, and each of the members of the City Council of said City, and the City
Attorney of said City, as solicitor for defendants, be and they and each of
them are hereby authorized, directed and empowered to sign, execute,
deliver and file in the District Court of the United States for the Northern
District of California, Southern Division, a stipulation, a copy of which
is hereunto annexed, marked EXHIBIT "S", and made a part hereof for all
purn8ses, and that the City nttcrney of said City, as solicitor for defendants,
Is further authorized to sign a stipulation and file the an with said court
in the action mentioned in the annexed stipulation, stipulating and agreeing
to the entry in said action of a consent decree pursuant to said stipulation,
copy of %t ich consent decree is hereunto annexed, marked E=BIT "S-1"
and made a part hereof for all purposes.
The foreaping Resolution No. 868 was than passed and adopted
by the following vote:
AXES: Councilmen, Clerk, 6eihe, Spooner, Graffigna and
Steele (L*yor)
.:CES: Councilmen, None
ABSE".i: Councilmen, None.
The Clerk read a letter from Robert L. Searls, Special Counsel
for the City in the case East Bay Lunicipal Utility District 'vs. City
of Lodi asking that the Co=cil authorize the emplovment of 1r. Hyde Forbes
as geologist. On motion of Councilran Spooner, seconded by Councilman
creffigna the emalcyment of 1r. Forbes was so authorized.
371
COUNCIL CHAMBERS -- CITY COUNCIL
CITY HALL - - CITY Of LODI
It appearing that Gold Yining and eater Company had filed an
application for permission to divert waters of the Lokelumne "iver, the
City Attorney was directed to file a protest against such diversion to
— the Division of -Water Rights at Sacramento, California. his Ras done
on adovtion of Resolution No. 869.
RESOLLTTICN NO. 869
VMRE 1S, Gold Mining and Nater Company with offices at 208 Sharon
Building, San Francisco, has filed an application with the Departzent
of Public Works, Division of eater Rights, State of California at
Sacramento, California applying for permission to divert 105 cubic feet per
second and 210 acre feet from the South cork of the Lola lu ne -liver and
from the Little Yokelumne River, tributary to the L`_okeli=r a "iver, to be
diverted in Section 27, TV, R15E and in Section 7, TSN, R15E,.IZ.D.B.&M.,
for mining and domestic purposes, said application being numbered 8466
(Calaveras County) on the records of the said Department of Public Works,
Division of Water Rights;
NOW TF—ME3.ti'CRE BE IT RESOLVED, that Glenn West, City Attorney of
the City of Lodi, for and on behalf of this City be, and he is herby
authorized, empowered and directed to file a formal protest against the
granting of said application for diversions of said waters for the reason
that the granting of the same would be inimical to the interests of the
City of Lodi and to the citizens thereof as endangering the water supply
of said City.
The foregoing Resolution No. 869 was then passed and adopted by
the following vote:
AYES: Councilmen, Graffigna, Spooner, Clark, Teihe
and Steele Way or)
F0ES: Councilmen, hone
ABS.7-1: Councilzen, None.
The Clerk read a notice from the Department of Public -vorkd
setting forth the quarter allocation of gasoline tax for major streets.
Communication ordered filed.
It appearing that a dangerous condition existed on the earth
sidewalk on the east side of Church Street between Slm and Pine Streets,
the City Engineer was authorized tID take out the present board cross -walk
as there had been quite a serious accident caused by tripping over this
plank.
On motion of Councilman Spooner, seconded by Councilman Weihe,
J. A. Henning was authorized to purchase the necessary heaters for the Amory.
On motion of Councilman Spooner, seconded by Councilman Clark, the
City Engineer was directed to clean up the lot directly North of the Armory,
grade Lawrence Avenue at the head of Zathing9on,- and mark off Washington
Street from Lockeford Street to Lawrence Avenue so as to prohibit parking
on the Kest side of this street.
The payment of the sum of $7,000 to Tules Perrin and A% ry Ann Perrin
his wife, was authorized by the adoption of Resolution No. 865.
RESOLTJT-ICN NO. 865
WHEREAS, it is to the best interests of the City of Lodi that the said
City acquire title to the following described lots or parcels of land in
said City and;
14HEMAS, Z S P.3U'RIN and EJAURY ANN PERRL, his wife, are willing to
convey title to the same to this City for the sum of Seven Thousand (47,000.00)
Dollars, therefore;
378
COUNCIL CHAMBERS -CITY COUNCIL
CITY HALL -- CITY Or LODI
Rr IT ?w'SCLY=0, that the +mayor be, and he is hereby authorized and
directed to draw a warrant on the City Treasurer for the said amount
of Seven aousard ($7,000.00) Dollars payable to the said Tules
Perrin and Lary Ann Perrin, his wife, and deposit the same with the
Security Title and Guarantee Company of Stockton, Califo:ria in
escrow, the said warrant to be delivered to the said Tules Perrin and
wife on the deli,�•ery of a good and sufficient !rant Deed to Lots
Three (3) and Four (a) in Block Twenty-nine (29) (Excepting there-
from the West 2J feet of Lot 3) as said lots and block are delineated
and so designated on that certain reap or plat entitled ^2.okslumne^
now on file in the offices of the County Recorder of San Joaquin
County, California.
The foregoing Resolution No. 865 was passed and adopted by the
following vote:
AYES:Councilmen Weihe, Clark, Spooner, Sraffigna and
Steele (lwayor)
NOES: Councilmen Now.
OSENT: Councilmen, None.
No further business appearing at this time the City Council
adjourned to the day and hour of its next regular meeting on motion
of Ccuncil:an Clark, none dissenting.
ATTEST:
J. F. BLA=Y, '7 y e
The foregoing minutes of an T\
adjourned regular meeting of
the City Council of the City
of Lodi were read at a subsequent
meetin' of said Council held
Novewber lo, 1936 and approved
without correction.
L:AYC3 CF T7 CIT'! C? LODI