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
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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.