RESOLUTION NO. 2025-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
APPROVING AN AGREEMENT WITH BRAGA FRESH FOODS FOR PAYMENT OF
SEWER IMPACT FEES ASSOCIATED WITH AN INCREASED ALLOCATION OF
INDUSTRIAL WASTEWATER DISCHARGE PURSUANT TO AMENDMENT OF CONDITIONAL USE PERMIT 2009-04, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE INDUSTRIAL WASTEWATER SYSTEM ALLOCATION
INCREASE AGREEMENT ON BEHALF OF THE CITY OF GONZALES
WHEREAS, the City owns and operates a wastewater collection and treatment system that serves businesses and residents in the City (“Sewer System”); and WHEREAS, Braga Fresh Foods operates an agricultural processing facility at 180 Katherine Street (the “Facility”), in the City’s Industrial Business Park pursuant to Conditional Use Permit 2009-04, where it processes and packages vegetables and other produce for the retail market; and WHEREAS, Industrial wastewater discharged from the Facility is conveyed to the City’s Sewer System for treatment and disposal. Pursuant to the terms of CUP 2009-04, Braga Fresh Foods was authorized to discharge up to 50,000 gallons/day of industrial wastewater into the City’s Sewer System; and
WHEREAS, the City and Braga Fresh acknowledge that over the last several years, Braga Fresh Foods’ discharge of industrial wastewater has exceeded the sewer allocation authorized under CUP 2009- 04; and
WHEREAS, pursuant to the terms of the Wastewater System Allocation Increase Agreement referenced herein, the City agrees to amend CUP 2009-04 for the discharge of industrial wastewater from the Facility to not exceed 80,000 gallons/day and Braga Fresh Foods agrees to pay the City Eight Hundred Sixty-Eight Thousand, Five Hundred Dollars ($868,500) by May 30, 2025; and WHEREAS, the City will administratively amend CUP 2009-04 prior to May 30, 2025 increasing the Facility’s industrial wastewater discharge allocation to the Sewer System to 80,000 gallons/day; and WHEREAS, if Braga Fresh defaults in the performance of its obligations under this Agreement, and such default is not cured or corrected within 30 calendar days of receipt of written notice of default from City, the City will have all rights and remedies available at law or in equity, including those rights pertaining to breach of contract, rescission of CUP 2009-04, and assessment of applicable impact fees; and WHEREAS, the City shall use the funds referenced in Section 2 of the Agreement for the purpose of increasing the City’s sewer system capacity, in compliance with City Code Section 1.48.080-Sanitary Sewer Facilities Impact Mitigation Fees, and any amendments thereto.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Gonzales that the Agreement between the City and Braga Fresh Foods, attached hereto as Exhibit “A”, is hereby approved and the City Manager is authorized and directed to execute the agreement on behalf of the City of Gonzales.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Gonzales duly held on the 7
th day of April 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk