Resolution 382
T
RES0LUTION NO. 382
RESOLUTION REQUIRING OWNERS OR SUBDIVIDERS OF ANY PROPERTY
TO PAY THE SUM OF $100.00 PER LOT TO ESTABLISH A FUND WITH
WHICH TO PAY THE COST OF A DRAINAGE SYSTEM FOR THE SUBDIVISION
AS .A. CONDITION TO THE APPROVAL OF THE SUBDIVISION AND THE
FILING OF THE MAP THEREOF
WHEREAS, areas adjacent to the City of Gilroy.l1a ve heretofore
been annexed to the City and subdivided, and other areas within
the City have been subdivided, without any provision or require-
ment relating to the drainage of such areas, and properly
draining the same has presented serious and complicated problems
to the City and to the property owners, and in most instances
it has been impossible to arrange a drainage program for the
said subdivided areas without the cooperation and agreement of
the other property owners outside the subdivided territory; and
WHEREAS, the Common Council of the City of Gilroy deems it
essential for the proper growth and the welfare of the City
that provision be made for insuring the proper drainage of any
territory hereafter subdivided, whether now located in the City
of Gilroy or hereafter annexed to said City, and as a matter of
public policy, that the subdividers or owners of the sub-
divided premises be required to pay to the City of Gilroy the
sum of $100.00 per lot for each lot in the subdivision before
any map or plat will be approved by the City of Gilroy for
filing, which said money is to go into a fund to be used, so far
as may be necessary, for establishing a drainage system for the
said subdivision;
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Gilroy does hereby declare that, as a matter of, public
pOlicy, no map or plat of any subdivision of territory, whether
now located within the City of Gilroy, or hereafter annexed
thereto, shall be approved by the said Common Council, unless
and until the owner or subdivider of the subdivision shall have
first paid to the City of Gilroy the sum of $100.00 per lot for
each lot in the subdivision, to be used by the City of Gilroy in
establishing and maintaining a system for the drainage of said
subdivided territory and no official of the City of Gilroy shall
approve any such map until the said sum of $100.00 per lot has
been thus paid to the City of Gilroy.
BE IT FURTHER RESOLVED that any portion of the said fund not
expended by the City of Gilroy for the purpose of establishing
a drainage system or the improvement of an existing drainage
system for the subdivided area shall be refunded to the subdivider
or owmr, or his heirs, successors or assigns.
BE IT FURTHER RESOLVED that in the event a drainage system is
established, prOVided and constructed by the subdivider or owmr:
in the subdivision ~or.. such subdivision is officially approved
by the Common Council of the City of Gilroy, and such system as
constructed meets with the approval of the CounCil, the said map
or plat of s aid subdivision may be approved by the Connnon Council
r
providing that other conditions that may be established by
the Council are complied with, without the payment of any sum
per lot, as hereinbefore provided, and this resolution requir-
ing the payment of the said $100.00 per lot shall not apply
to such a subdivision.
PASSED and ADOPTED this 2nd day of July, 1956, by the
following vote:
AYES:
C ounc ilmen
NOES :
ABSENT:
Councilmen
Councilmen
Mayor
.A.ttest:
City Clerk