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HomeMy WebLinkAboutResolutions - No. 56731! OL i:. ItOzi 507 Colorado Power Corona:1y has offered to deliver to the Cit,-; of Lodi a deed conveying to said cit; certain riparian nrope_ty o, said ;orpo.a`_ion situated on the :o>elusrne ?i*-er 11] , ador and Cal areras Counties, in the :State of California, whioh, in the jud_men t of the re- presentatives of the said company an1 of t -.is 'Council, is economically adapted and necessary as ,; site for the develop- ment o a :nunicipall;; owned and onerate:d 'hydro -electric power plant, to be constructed and operated as a project svor:ta by the City of Lodi in connection with, solid to be rna.de a part of, the present existiro; municipal electric distribution system. of the City oI' Lodi; and :7_?.i1i.l, the conditions attaOs ed to the tender of • the said deed are th.t the Cit;; of Loui accept the deed, cconveyina the property of the Colorado ?ower Company as here- inafter descrihea and such title to the. said property as the Colorado ?ower •Co-noany now has sub,- ct to certain conditions subsequent expreesei in said deed, and td. vt^ settlement or dismissal of anylititation now pending, or which may fol- low the acquisition of title to the said property by the City of Lodi, affectiroz the riparian ri r ;res to the flo•.v o f the :'otieiuT.:ne diver throuzr the said property, which ri r is are part and oaroel of the said property, shall 'be satisfactory in terms to :he Colorado r Company and approved by it; and :,•::;?.LAS, t"e City Council of the City of Lodi be- lieves that the conditions attached to said offer of conveyance are reasonable, do not in7olre any present hea'ry commitment to expenditure by the Ci;;; of Lodi, and should be .accepted; T :3is.:F03?., be it, and it is hereby RES0L'i�1), that said conditions attached to said ten- der be and they are hereby accectei, and that the Clerk of this 3ohri is hereby authorized and directed to notify said Colorado _Power Co -many, in '.7ritiro. of suoi= acoertanoe and to transmit to said company a cop;; of this resolution; ,and be it that the said property, so convey- ed to the Ci ty o: Lodi in sal d deed is 'hereby appropriated and dedioate•d to public Use, to -wit: as o. site for the c onstra Otion o' a reservoir, power house, bus -yard, operators' quarters and other appurtenant structures to be desired, constructed and used. in the ?ene=ation of electric eneroor for the use of the City of Lodi and its inhabitants; and be it SCL'i:J, that the pit;; er and the Superin•tendert Jf Public Utilities be and..h .ey ure hereby au- thorized and direoted to take such steps asin their iud:nnent are nacessaro to determine exoeditiousl;: dnd Finally t e en - ?sine erin- _'lases of the proposed project works, c_nd to initiate and press sup:: other investitations and explorations as may be necessary, and report t e it 'irdinoss to this Council at the earliest oossibl: date; and be it ?L3:':O. ?:SCL'i..;, that th e City .attorney be and he is hereby autrorizei and directed to prepare and•subnit to this Council a report settin? forth in detail the 1ezal procedure necessary for the presentation to the electorate of the City of Lodi of a plan for the financin3, construction, and opera- tion of the said proposed orojeot works as herein set forth; and be it 2soy'i::0, that the City A ttorney be and he is hereby authorized and directed to nezotiate with the proper ?eleral and State authorities in the obtair.in:s of in formation, permits, and licenses necessary and useful for the expedient determination of procedure and oonstructi on of the said project works as reran set forth; and 'oe it 320 PLT 32.:3OL7 , that the City Attorney be and he is hereby authorized and directed to take such steps and to corn- mence, prosecute or defend an:; which may be neces- sary for the protection of the rizhts of the City of Lodi in and to the riparian flow o the _.',0reluinxa ?Aver w,on the Prem- ises s0 ConYe yei and to aseooi ate said Colorado ?owe r Company as a Prtj to said liti?ation whereYer ant whenever he shall deem it necessary for the protection of the interests of the City of Lodi and the contin?ent interest of the Colorado Power Company; and be it "J321i OL lED, that none of the said 1iti.3ation, if and :vhen brouP.;ht or defended, shall be settled or dismissed during the period of the retention of the said reversionary interest by the Colorado Power Company, except upon such terms and conditions as are satisfactory to the Colorado ?ower Com- pany and to the City of Lodi; and be. it 3r. IT 17317;:..:3OLv27, that .re City of Lodi covenants and axrees that, if the said property should re- turn to the Colorado ?o,ier Company by reason of the breach of any condition subsequent in the deed, the Cit;; o Lodi will transfer to Colorado Power Company at -the time the said oondition subsequent becomes operative any claim for damages to the property, then existin. in favor of the City of Lodi a ainst any oerson, firm, corporation, municipal corporation, or body, on account of any diversion of waters, or invasion of riparian r L h_ts, zsn3 that the Colorado ?ower Company' shall be entitled to such transfer of any claim for dama?es at that time; and that the City recoRr.izes that the continued existence of the Property with the water ri1^ts intact is the sole security to. the Colorado Power Co^cnany for performance of the conditions subsequent ir said ?rant, and that therefore until the ?rantee shall have fully complied with said conditions subsequent the Colorado Power Company is entitled to any amount of damages awarded by ud ment, or as the result of settlement, for the tasin� of any water from the Property, or invasion of the .ate_ ri tcts connected therewith; and 33 Ii 7.5R7IIER �3OL'T.b, that _:e Clerk of this 3oard be and he is hereby authorized and directed to trans- mit a certified copy of this resolution to the Colorado Power Company, as evidence of the acceptance of its offer, and to cause the deed accepted by the terms hereof to be forthwith recorded in the o:fices of the •.:ounty _tecorders of smador and Calaveras Counties, .;tate of California. IT TIE ? ?23OL 7r,L , that the City of Lodi covenants and agrees that it will not voluntarily s=_11 or convey the pro- perty conveyed and deeded to the City by the Colorado Power Company, or any part thereof, or any interest therein, unless it be to such municipal or public utility district as may here- after be organized which_ shall include the City of Lodi and which shall serve the Cit.; of Lodi and its environs with elec- tric ener,;, and then only upon acceptance by said district of the same_ conditions as are herein accepted; hut if, however, the title he r rorthereof, t said r ore ty, any part `::2r of, or any interest therein, should be involuntarily transferred by ad- verse procecdin?s, to any other person, firm, corporation or public body than the one hereinabove last mentioned, whereby the revestii z of the title in the Colorado Power Company by reason of fa.ilure of the grantee in said deed to comply with the conditions subsequent therein inserted, should oe rendered impossible, then, out of any compensation or denrates which may be awarded by a court or jury or in settlement of lititation for the takint or damatin.r of said premises, there shall be paid to the City of Lodi the total cost of tmnrorenents placed on said property, (but in no event more than the portion of said award specifically caCerin? improvements), and twenty - fire percent of any balance over and above said amounts, and there shall be paid directly to the Colorado Power Company seventy-five per cent of the entire balance over and above said cost as so limited.