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HomeMy WebLinkAbout1958-02-28; City Council; Minutes6 84 Cmn. Robinson moved ratification o$ the payroll'for the first half .of February, 1958, in the amount of $8,732.56, as certified by the ,Director of Finance and approved by the Auditing Codt- tee. Seconded by Cmn, Ledgerwood. All ayes, motfon carried. 10- ADJOURNMENT It was moved by Cmn. Ledgerwood and seconded by Cmn. Robinson that the meeting be adjourned to February 28, 1958, at 5:30 P. M, The meeting was declared adjourned at ll:$O P, M. Respectfully submitted, I A 'Deputy City Clerk """1"-1"""""~~"""~-~--"- MINUTES OF ADJOURNED REGULAR MEETING OF CARLSBAD CITY COUNCIL - 1- The meeting was called to order at st55 P. M. by Hayor Castorena. Present .besides the Mayor were Councilmen Robinson, Helton; City Cmn. Ledgerwood and Baird absent. a Manage,, Nelson, City Attorney Smith, and City Engineer Kubota. 4 R 2 2" -bad Mutual Water ComDanv Contract, The City Attorney in- J formed the Council that at the the the conference was held in Los Angeles with O'Melveny 6 Myers, members of the Carlsbad Mutual Water Company Board and the officials of the'city, additional in- formation was submitted to O'Melveny b Myers whereby they felt they would be in a position to file the friendly suit in accord- ance with the contract, This morning he had received a call from OfMelveny 6 Myers stating they had run into some snags; if the suit were filed it would be a lengthy suit, great expense to the citizens of Carlsbad; they suggested having the contract amended by putting the matter to vote on the April -8th election. Later this afternoon they had .called back and. had given him the wording for the proposition which reads as follows: I PROPOSITION It AIi - CONTRACT AMENDMENT Shall the City Council be authorized to amend the Agreement of Purchase between the,City of Carlsbad and the Carlsbad Mutual Water Company (dated 'August 30, 1957, and approved by the voters of the City December 17, 1957, and on file in the office of the City Clerk) by striking therefrom the provision requzring .litiga- tion, to-wit s "(c) The power ^of the City and the Mutual, re- spectively, to enter into, .and carry out the terms of, this agreement, has been established by a decrk of a court of -competent jurisdic- tion." 1 YES NO The City Attorney pointed out that the Board of Directors were authorized to amend this contract, but the City Council could not unless it was voted on by the citizens of Carlsbad. I W. Dennis Wood, Secretary of the Board of Directors of the Mu- tual, and Mr. Phillips, one of the Directors of the Board, were presented. and stated-they felt the Board would agree to such amend ment of the contract. After considerable discussion, proposed Resolution No, 346 was presented to the Council for their review, ordering that a propo- sition be submitted to the voters of said City in the General Muni cipal Election to be held on April 8, 1958, for the purpose of de- termining whether or not that certain contract between the City of Carlsbad and the Carlsbad Mutual Water Company should be' amended. Cmn, Helton moved that Resolution No. 346 be adopted. Seconded by Cam, Robinson. Three ayes, Cmn, Ledgerwood and Baird absent. Resolution No. 346 adopted. I Proposed Resolution No. 347 was presented to the Council, authorizing certain. of its members to file written arguments for City Measures. It was moved by Cmn. Robinson and aeconded by Cmn. Helton that Resolution No. 347 be adopted. Three ayes, Cmn. Ledgerwood and Baird absent. ' Resolution No. 347 adopted. 3- sol&jon No. 34 < - Reauestw Governor to nut Harbor Revenw Bonds om special call of 1958 Legislative Session. M, 0. Ewald, Secretary of the Harbor Commission, was present and informed -the Council that he had received notice several of the cities' up and down 'the coast had sent a resolution to the Governor re- questing the Governor to put Harbor Revenue bonds on special call of 1958 legislative session, and requested the City Coun- cil to ,adoptg.:a resolution for this purpose. Proposed Resolu- tion No. 345 was presented to the Council for their review. It was moved by Cmn. Helton and seconded by Cmn. Robinson that 1 Resolution No. 345.be adopted, requesting Governor to put Har- bor Revenue Bonds on special call of 1958. Legislative Session. Three ayes, Cmn. Ledgerwood and Baird absent, Resolution No. '. 345 adolpted. Cmn. Baird was present at the meeting at 6:20 PM. 4- Terramar Water Company Contract, The Agreement of Purchase for the Terramar Water Company, with exhibits attached, was present- ed to tlhe Council for their review and ratification. The City Attorney reviewed the contract with the members of the Council. After considerable discussion it wag moved by Cmn. Robinson and seconded by Cmn. Helton 'that the Mayor be authorized.to sign the ratification of the contract, and the City Manager be authorized to init:ial all exfiibits. Four ayes, Cmn. Ledgerwood absent. Motion carried. It was pointed out by the City Attorney in order to have the proper ownership appear on the 1958-59 tax roll, that it would be necessary to have this document recorded before noon Monday, March 3,, 1958. It was moved by Crm, Heit,on and seconded by'Cmn, Robinson that the City Manager be authorized to record the Agreement of Purchase with exhibits attached by noon Monday, March 3, 1958. Four ayes, motion carried. Bills in the amount of $905.50 for survey and drawings of a por- tion of the exhibits attached to the Agreement were presented to the Council for their approval of payments. It was moved by Cmn. Roibinson and seconded by Cmn. Helton that the payment of bills in the amount of $905.50 for survey and drawings of Ex- hibits lbe authorized/ All ayes, Cmn. Ledgerwood absent, motion carried. The Cou~ncil asked about the operation of the Terramar Water Company. The City Manager stated it was the intention of the administration that the present policy and the price structure would continue, but that any new connections in Terramar would be required to install a meter. It was moved by Cmn, Robinson ' and seconded by Cmn, Helton that the present policy and the price structure be continued, and that any new connections would require meters, All ayes, Cm. Ledgerwood absent. As to collections, the MUtual Water Coapany would make col2ec- tions, ;and they had agreed to do all maintenance for the present time and bill the City for their services. A letter had been sent to all consumers in Terramar informing them of the change of owner ship . It was moved by Helton and seconded by Cmn, Robinson that the meeting be adjourned. All ayes, motion carried. The meeting was dec:Lared adjourned at 6:35 P. M. . Respectfully submitted, %4ZH&, F!AR&ARET E. AVD'AMS A Deputy City Clerk _""""""""-""""""""~- - BiINUfES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL March 4, 1958 1- The meeting was called to order at 7:02 'P. M. by Mayor Casto- rena. ]?resent besides the Mayor were Councilmen Ledgerwood,