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HomeMy WebLinkAboutMinutes 1951/09/111277 _ Gilroy, California. September 11, 1951. This regular adjourned meeting of the Common Council is called to order by his Honor Geo. C. Milias. Present: Councilmen, J.H. Wentworth, Carl W. Pate, J.B. Thomas, Geo. M. Mason, D.V. Stout. Absent: Councilman, Dale D. Daniels. The Mayor states that the purpose of the meeting is to amend Ordinance no 4?7A. Ordinance no 498 is presented and read. Motion by Councilman Stout, second by Councilman Mason that Ordinance No. 498 be adopted. O R D I N A N C E NO. 498 AN ORDINANCE AMENDING ORDINANCE NO. 477 -A OF THE CITY OF GILROY PROVIDING FOR THE EXTENSION OF ThE SEWER SYSTEM AND WATER SYSTEM OF THE CITY OF GILROY, AT THE EXPENSE OF THE APPLICANTS THEREFOR, PROVIDING THE CONDITIONS UNDER WHICH EXTENSIONS MAY BE MADE AND THE DETERMINATION OF THE COSTS BY THE PROPERTY OWNERS, BY ADDING SUBDIVISION (d) TO SECTION ONE OF SAID ORDINANCE PERMITTING THE CITY OF GILROY TO INITIALLY DEFRAY A PART OF THE EXPENSE. ADOPTED AND PASSED this 11 day of September , A. D., 1951, by the following vote: AYES: Councilmen, J.H. Wentworth, Carl W. Pate, J.B. Thomas, NOES: None Teo M. Mason, David V. Stout. ABSENT: Attest: dTt� City - 1C erk A report from W.J. Hanna, required by Ordinance 477A, easments, costs etc for the Western Addition to the Cit; with the City Clerk. APPROVED: Mayor City Engineer, dated Sept. 11, 1951, as regarding the required surveys and estimates, installation of utilities in the Second y of Gilroy is read and ordered placed on file 1278- The City attorney is directed to start condemnation proceedings on any property necessary for rights of way for utilities in the Second Western Addition. Resolution No. 267 is presented and read. Motion by Councilman Mason, Second by Councilman Stout that Resolution No. 267 be adopted. RESOLUTION NO. 267 RESOLUTION UNDER ORDINANCE NO. 4?7 -A ORDERING THE EXTENSION OF SEWER AND WATER SYSTEMS OF THE CITY OF GILROY AT THE EXPENSE OF PROPERTY OWNERS. WHEREAS Ordinance No. 477 -A of the City of Gilroy provides that an owner or owners of real property within any District or area that has been annexed to the City of Gilroy and become a part there- of subsequent to the enactment of said Ordinance or of real property in the City of Gilroy that has not been subjected to the cost of the furnishing, construction and /or installation of sewer and water mains in the City of Gilroy may apply in writing to the City of Gilroy for an extension of the sewer and water system of the City of Gilroy to such a point as will permit the applicant to connect his property therewith, and WHEiih;AS applications to the City of Gilroy have been made under said ordinance by the owners of the property situated in that part of the said City of Gilroy bounded on the North by Third Street, on the South by Fifty Street, on the East by Princevalle Street and on the West by Miller Avenue and such applications contain a descrip- tion of applicant's property, and said applications cover all of the property located within the said area except six out of a total of seventy -two (72) property owners owning property in the District,and WHEREAS the said applications have been referred to the City Engineer and a Committee of the Common Council having jurisdiction of said matters, and the City Engineer has made an investigation of the work to be done under the application and an estimated cost there- of and has made a statement or recommendation to the Council that it is feasible and practical to make the extension and has estimated the cost of making the extension under all the applications to be the sum of $19,468.68, and has determined and filed with the City Clerk a statement of the estimated cost the owners of each parcel of property will bear, and the said Engineer has also prepared a plat and indic- ated the boundaries of the land covered by the applications which will benefit by the sewer and water main extension, and WHEREAS it appears to the Common Council of the City of Gilroy that the said sewer system and water system should be extended into the area known as "Castlewood Park ", located west of Miller Avenue, as a part of the general project hereinbefore mentioned, but that the owners of said "Castlewood Park" Subdivision have not executed any applications for such extensions'under the aforementioned ordinance, and that the total estimated cost of the extensiong, including the proposed extension to "Castlewood Park ", will be $19,468.68: that the estimated cost of the sewer extension of said "Castlewood Park" is $926.75 and that the applications on file in the office of the City Clerk cover a total cost of $15,583.58, and WHEREAS it is in the public interest that the said exten- sion of the sewer and water mains be made as soon as possible and the Common Council of the City of Gilroy has determined that the said extension may or may not include the said "Castlewood Park" area in the discretion of the Council depending upon the attitude of the owners of said "Castlewood Park" Subdivision, and the said Council has also determined that the City of Gilroy can afford to pay the remaining cost of the said extension, exclusive of any extension to Castlewood Park, over and above that advanced by the applicants initially from its own funds, and that it can recover the said amount so advanced by it from the property owners who have not signed applic- ations for the extension, under provisions of the ordinance requiring property owners to connect with the sewer lines whenever it is avail- 1279 able and to pay the proportionate costs thereof which they would have paid had they executed such application in the first instance, and it also appearing that the said work of making said extension should begin at once and that the project will cost less if the City of Gilroy does the work itself rather than by letting it to,contract, NOW, THEREFORE, BE IT RESOLVED that the said applications for the extension of said sewer and water mains shall be and are hereby approved, and that IT IS HEREBY FURTHER RESOLVED and found by the Common Council of the City of Gilroy that the provisions of said Ordinance no. 4?7 -A have been substantially complied with by the applicants and that the cost of the sewer extension lines and water main lines and fire hydrants is the sum of $18,541.93 exclusive of the sum of $926.75 which will be the estimated cost of the sewer extension line into the Castlewood Park Subdivision, and the applicants have paid, of the said cost, the sum of $15,583.58 and the City of Gilroy will pay the difference and recover the same under the provisions of said Ordinance. BE IT FURTHER RESOLVED and it is hereby found that the said extension and construction of the said sewer and water system is practical and feasible and work thereon should begin at once; BE IT FURTHER RESOLVED that the said work be undertaken by the City of Gilroy under the provisions of said Ordinance No. 4?7 -A as amended and under the direction of the Chief Administrative Officer of the City of Gilroy, and that an accurate account shall be kept of the cost of the work and the amount to be charged to each property owner be determined after the exact cost has been ascertained after the completion of the work. PASSED AND ADOPTED this 11th. day of September, 1951. AYES: Councilmen, J.H. Wentworth, Carl W. Pate, J.b. Thomas Geo. M. mason, David V. Stout. NOES: Councilmen, None ABSENT: Dale D. Daniels. ATTEST: Dep City Clerk Adjourned subject to the call of the Chair. 4 APPROVED: Mayor Dep. ity ler rk.