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HomeMy WebLinkAboutResolutions - No. 598RESOLUTION NO. 598 This Resolution was adopted October 7, 1929 Authorizing and Direction to City Attorney to dismiss suit against Stephen E. Kieffer in S.J. County in the Arroyo Seco Project NO COPY ON FILE (minutes of Cct.7-1929 continued) 361 On motion of Councilman ,;eihe, Roach second; Er .i.G.Hurrle was appointed water inspector at a salary of $150.00 per month for one month. City Attorney Glenn ,lest stated that Mr Stephen E. Kieffer was no more interested in the Arroyo Seco projectandthat his name should be dropped as defendant from suits of the City versus certain arpropriative applicants on the Yokelumne River. He :as authorizes ana directed -to dismiss suits against 1r Kieffer by adoption of the following: - RESOLUTION NO. 598 JHE AS the City of Lodi has brought and there is now pending in action in the Superior Court of the State of Calif- ornia in and for the County of San Joaquin, against East Bay r�`unicipal Utility District, a corporation, and others, which action is numbered 22,415; and, ;THEREAS, Mr Stephen E. Kieffer is a party defendant in said action; and, :`IHERr, S, it appears that applications of said Stephen E. Kieffer filed with California Division of Water rights to divert waters from the Mokelumne River have been dismissed and it does not appear that there is any further necessity of continuing said action as against said Kieffer; NOT THEREFORE BE IT HEREBY RESOLVED, that Glenn Jest as City Attorney, and THEREFORE, BE Searls , as special counsel assoc- iated with said City Attorney in the prosecution of said action be, and they are hereby authorized to cause said action to be dismissed and to dissmiss the same as far as said defendent, Stephen E. Kieffer is concerned and not otherwise. and by the adoption of the following: - RESOLUTION NO. 599 .7IE3IEAS the City of Lodi has brought and there is now pending an action in the Superior Court of the State of Calif- ornia, in and for the County of Calaveras against East Bay Municipal Utility District, a corporation and others; AND .WHEREAS one Stephen E. Kieffer is a party defendent in said action and whereas it appears that applications of said Stephen E. Kieffer filed with California Division of .tater Rights, to divert waters from the Mokelumne River have been dis- missed, and it does not appear that there is an further necess- ity of continuing said action as against said Kieffer; NO7 THEREFORE, BE IT RESOLVED, that Glenn .lest as City Attorneyand Robert M. Searls as special counsel associated with said Ciy Attorney in the prosecution of said action, be and they are hereby authorized to cause said action to be dismissed and to dismiss the same as far as said defendent Stephen E. Kieffer is concerned and not otherwise. The foregoing Resolutions numbered 598 and 599 were there- upon adopted by the following vote: - AYES: Councilmen, Shattuck Jeihe,Hale,Roach Spooner; NOES: Councilmen, None. ABSENT: None; It having been brought to the attention of the City Council that the activities of certain persons operating.a gold dredger near the old town -site of Lancha Plana were causinggreat amounts of silt and other detritus to be discharged into te Mokel»ne River whereby its waters wereolluted and made unfit for use as well as unsightly.and that the local Chamber of Commerce had made protest against these evil practices without notable effect, the following resolution was introduced and adopted by unanimous vote of the City Council: - RESOLUTION NO. 600 BE IT RESOLVED, that,"t7hereas a certain company or parties are operating a dredger on or near the Mokelumne _,iver at the old town of Lancha Plana and are dumping the refuse and debris from the same into the Mokelur:ne River, and whereas, by reason of the premises the waters of theokelumne"River are badly polluted irom silt, mud and debris from said dredger ;