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HomeMy WebLinkAboutResolutions - No. 5940: 7-o-.7 02i1,, 355 RESOLUTION :0 . 593 RESOLVED, by the City Council of the City of Lodi . That the plan and specifications this evening submitted by ..:r ::. . ,curt, 0.e., consultin-- engineer of this City, and t "; -,�_..+n n- i'T7 n T4eST TI r entitled ��_�_ f.,A__0::3 FCR ...� l��i �-tCA`�A:!C..S AT _ DEZ SITE CF' _:13 'RC?OSED -J O-1LECTRIC DE7E1:07.1317 T CN THE •Ce• T.. 2 A30 -VE ,U0 T �l THE C F n " _:�r.�L,�__i:. RIVE A30 -VE LANCRA ?L.�:i3 FOR _� �I-'� OF L..DI be and the same are hereby approved and adopted as the Plans and specifications under .. nich said work shall be done; BE I'T R•ESCLVED, also, that the City Clerk be and he is hereby authorized and directed, to advertise in time, form and Manner as required by law, for the reception by this Council of sealed proposals or bids for performs ee saia work and the _'-;rnisning the materials therefore, said bids to be + returnable on or before 7 o'clock . of Monday, October 7th. A.D.1929 -"r .rest advised the Council that the City's cause before the Superior Court of _Ian Joaquin County wo_ila be materially aided ty�t he obtaining of expert testimony re ra.rding the 'round waters of the :`okelU.nne bas -.n particularly in interpreting the reeorts of the S.Ceologi�•al Survey; he advised that the services of :.:r 3.A.Etchiverry and :.:r Thomas H. Leans could be obtained at a reasonable figure and reg n ended that they both be retained for this purpose. s:r Etchiverry and Mr Meanswere' retained as consulting engineers and experts by the passage of Resolution No. 594 by the following vote AYES: Councilmen, Shattuck ffeihe Hale Roach & Spooner NCES: : Counei1 en, None. A_3SENT : Uounci Innen, None. RESOLUTIO} NO. 594 WHEREAS, the City of Lodi has cameienced an action in the Superior Court of the State of California in and for the County of San Joaquin, against East Bay Municipal Utility District and others for the purpose of restraining defendents therein named from diverting waters from the Mokelumne River and for the purpose of protecting the underground eater supply of said City of Lodi; MD WHEREAS, the City Council of the City of Lodi has rec- eived a letter fran Thos. H. Means and B.A.Etchiverry, a cop - of which is annexed hereto marked "Exhibit A" and made part here- of; and whereas it is the desire of the said City Council to its said Thos. H. Means and B.A.Etchiverry as engineers for the purpose of raking a study of underground water conditions in said City of Lodi and vicinity for the purpose of making the necessary report or reports and evidence as referred to in said letter; NO THEREFORE, BE IT RESOLVED, that said City of Lodi does hereby employ said Thos. H. Means and B. A. Etchiverry pursuant to the terms and conditions set out in said letter, as its engineers for the purpose of making a survey of the under- ground grater conditions aryl of all available data and informat- ion connected therewith and for the purpose of -making a report r- or reports and furnishing the evidence as set out and contemplated in said letter; CE IT 'URTHER RESOLVED, that said Thos H. deans and B.A. Etchiverry are hereby authorized for and on behalf of said City to collect and analyze the information which has heretofore • been collected and to determine the extent of new field work which will be required as mentioned and contemplated in and by iters number "1" and "2" on page one of said letter; BE IT : UR "HER RESOLVED THAT SAID CITY pay said Thos. H: Means and B. A. Etchiverry for making such preliminary study of existing data and preliminary report the sun of One Thousand Dollars and that the same be paid out of any moneys in the Treasury of sais City which may be available for that purpose, the sun of Five Hundred Dollars to be paid for Iiwith.as a retainer and the balance , to -wit'; the sun of Five Hundred Dollars, upon the presentation of said preliminary report. BE IT-FIJR'HER RESOLVED, that z the Mayor of said Cityis hereby ordered to draw a warrant upon the Treasury of the Cty for the first payment of said Five Hundred Dollars and that the same be paid out of any moneys available for that purpose. Bim; IT FURTHER BISOLVr1J, that any further additional work after said preliminary report shall have been completed anbeddonesbytsaidnd as Thos.contemplated.Md 3.A.n d tchiverryd fortwhichshall shall be paid at the rate of Seventy-five Dollars per day and they expenses ror each of them based upon the time employed in performing such additional work, no such additional work to be done until the same be authorized and aaproved by City Attorney Glenn lest and Mr Robert M. Searls, attorneys representing said City in said suit HIBIT A - (attached to foregoing and made part thereof) THOS. H. MEANS Consulting y ineer 11 Suter Street San Francisco September 3,1929. City Council, City of Lodi, Lodi, California. Gentlemen: - At the request of Mr. Robert Y. Searls, Special Counsel for your City, we submit the following concerning our employ- ment in ;he litigation over the waters of the llokelumne River. A great -deal of the information upon the subject has been collected in recent years by the Federal Government and agencies of the State of California. The most important thing to be done is to collect and analyze this information for the purpose of seeing :chat additional facts will be required in he defense of the suits now pending and to prepare the avail- able information for use in the trial. Following this field work to collect additional inform- ation may be necessary and further office studies may be requir- ed to prepare testimony for trial. the amount of this sort of work is v:ry difficult to estimate until there is an analysis of the material already collected and available. .ie believe ,he ollowing plan should be followed: 1. Collect and analyze the information which has here- tofore been collected. • 2. From the above determine the extent of new field work which will be required. 3. Carry on the additional field work.through your engineering department. The direction of the work should be in our hands so that we can use the facts thus collected. 4. Make final preparation of the data to be presented in court in defense of the City's rights. 5. Prepare and make available all•information collect- ed which maybe useful to other litigants in the defense of rights to the use of water in the vicinity of Lodi. le would expect the sum of $1,000.00 for the preliminary study of the existing data as outlined under (1) above. work following the preliminary report is difficult to estimate as the amount of it cannot be known until the value of the facts already collected has been determined by the prelimin- ary study. ,7e believe that an additional sum of $2,000 will be sufficient to cover the cost of our employment up to the time the case goes to trial. ,e do not like to be limited to this amount as the extent of work.to be done depends to agreat extent upon the waythe information works out. If the occasion for additional work arises it will be possible to predict the amount and cost considerable time in advance so that sums may be provided. Under this plan all expenses of field -Work will be under the City's engineering department and will be paid direct.