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Resolution 319 ') RESOLUTION NOo 319 RFSOLUTION OF Ti-IE COMl,lON COUNCIL OF THE CITY OF GILROY PROVIDING FOR JOINT CONSTRUCTION OF INDUSTRIAL SEHER LII\1E FRON LEVlIS STREET TO OLD GILHO'! STREET IN T'RE CITY OF GILROY. WHEREAS, the City of Gilroy has for many years and is now maintaining a sanitary sewer extending frOTIl the northerly part of the City of Gilroy by or through the FILICE & PERRELLI CANNING COMPANY premises on Lewis street and thence down the alley between~lexander Street and Forest Streetto Old Gilroy Street; and \,<J:HEREAS, the said sewer line has been for many years and still is being used for the disposal of waste material from the cannery operated by the said Filice u Perrelli Canning Co~pany on said Lewis street in the City of Gilroy, and also for the disp0sal of sewerage from dwellings located along the said line; and '~{ERYAS, the said sewer line does not now have capacity sufficient to care for the disposal of all the said waste materials and sewerage, and bc:,cause thereof has created a health condit ion which has been condemned by the County Board of Health of Santa Clara County, and the Common Council of the City of Gilroy after giving the matter extended consideration has concluded that it is necessary and in the public interests that an additional 5QWer line to be used solely for industrial ;Jurposes and for the disposal of industrial waste be constructed and installed from the said cannery premises to Old Gilroy Street in the City of Gilroy, and it has been estimated that the cost of furnishing and laying a 15-inch sewer line for such pur;iose will be the sum of $10,795000 , and the said Filice & Perrelli canning Company has offered to contribute the sum of $5,000.00 toward the cost of the said sewer line if the City of Gilroy will furnish the balance of the cost and lay the line under conditions hereinafter set forth, and the Cit:.T of Gilroy is willing to construct the said line under the said conditionso I NO.1[, THEREFORE, BE IT RESOLVED: That the City of Gilroy accepts the said sum of $5,000.00 from the Filice & Perrelli Canning Company to be used in the construction of the sqid sewer line and that the City of Gilroy construct said line and pay the costs thereof applying the said sum of 2~ 5 ,000 toward the cost, under the follovling conditions: (1) That the said sewer line, v/hen constructed, w ill be the property solely of the City of Gilroy. (2) That the said sewer line shall be for industrial v'rposes only, and shall connect onto the sanitary line extending to the Gilrov ~ewer Farm. (3) That if and whendher industries ~re located along the said line or sufficiently close thereto to make it practical to use the same for industrial purp:)ses, they may connect onto the line by paying to the City of Gilroy a sewerage rental charge to be determined upon by the Common Council ,of the City of Gilroy under such conditions as may be established, but the said sevIer line shall not be overloaded. BE IT EDRTHER RESOLVFD: rhat the City of Gilroy enter into an agreement with the said Pi.lice & Perrelli;anning Company accepting the said contribution of $5,000.00 toward the construction of the aforesaid sewer line under the conditions above set forth, and that the Mayor of the City of Gilroy be, and he is hereby, authorized to execute such an agreement on behalf of the City of Gilroy. PASSED and ADOPTED the 5th day of Ppril, 1954, by 0he following vote: A YES: NOPE: ABSENT: Councilmen Pate ,Rush,Kennedy ,Gallo, White ,Ronald Councilmen None Councilmen None ./__ / ~ (t!.., ?7]J" ~ ~ _ ~ ~-.- Attest: Q (\) /. ,(kL~- City Clerk / -2-