HomeMy WebLinkAboutResolutions - No. 623aRESOLUTION NO. 623. A
OF THE CITY COUNCIL OF THE CITY OF
LODI, CALIFORNIA.
WSEREAS, Under the terms or the deedAated January
9th, 1929, deliverod to and 4(4c:opted by -01.e City gf Lodi in
accordance with resolutions VQ§. bed and 587 by which ColOrade
Power Company conveyed to the City.of Lodi Portain riparian lands
and water right, situate on and aleng the Mokelumne River In
Calaveras and Amador Couutiee, California., more ,erticUlarly
deecribed in said deed, the City of Lodi was required,to per-
form certain conditioneaubequent, a* a prerequisite to re-
taining title thereunderl and
WHEREAS, said conditions eubsequentincluded the
obligation to have a final investigation of the engineering
features of the hydroelectric power plant, proposed to be
conetrueted on said lands, and tranamission lineconnecting
therewith,made within a period or one (1) Year froJe. the date
or said deee, and to have an election called and held within
a period of two () yeare trom date of eald deed,, to the pnr,.,
Pose of voting bods neeeesary to construct *ail hydroelectric
power plant acrid trenemiesion )ine, and to enter into a blnding
contract, within three () Yeure from date or said deed, tor
the construction of the said project works including the *mid
power plant and transmieeion line and to cemplete the said
project works and nave it in operetton in connection with the
existing distribution syetem or the grantee within tour (4)
Years from date thereof, and thereafter l'or a term of twenty-
five (25) yeara to pey certein kilowatt-heur royalties upon
the electric energy to be generated at the said plant to Colo-
rado Power Company, all of euid eonditions and requiremente
being included tn the goad deed as eondittona numbered Second,
Inird, Fourth, Fifth and Sixth and more particularly set forth
therein; and
-a.
41ERBAB, the City o Lodi hos caused the engineer,
ina investigation required under the 6econd condition of said
deed to be made and reported in writing to the Colorado kower
Company, but has been prevented, by pendency Of litigation with
the next By Unnicipal Utility. District and. Pacifte-Gas 4114
Electric 'Company affecting the riparian waterrightaappurtel,
nant to the property in queetion, from Oarrying.out the remain,
ing conditions of said deed, and it now appeare that in all
probability an enforced delay of at least aneat,yeap 1411
result before such litigation. shall be term4hati4and the.oaid.
conditions subsequent of the said deed buo
pOeSib+e f r411,14-
,,
merit; •
NOW TBEREFORE, 8 IT RESOLVED, that'tcouncil
or the City of Lodi does hereby request:the 00?,or4o Power
coNpeny to extend rev * P.00,941 or 6.110 ()) :.:e.4%4 t40-rfOngPltilr
periods within which the condition0 444 l'equi,r!vonito
in the said deed dated January 9th, 1D29, as con4itiona nUNbeied
Third, ?mirth, Pith and Sixth, may be performed amd
with by the City of Lodi, grantee thereunder,. upon the **No
understanding by the City or Lodi set forth iu said lieaolution4
Nos, 546 und 567;
BE IT FCEITEER RESOLVZO, that a certified OopY Of thie
resolution be transmitted by the 01004 of this Board to
Colorado Power Company for Ito consideration, together with s'
request that the said company -shall, if agreeable thereto., caUSe
to bo tmn40-,itted to the se:14'01004 a. 444 emscuted IATP1-0i,014-
447 deed Q4 qr Wore Deuenber not, 1950.
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