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C9 06 ORDINANCES: Ord, No. 141, drainage assessments cont'd.: described in the drainage plan, and the estimated costs are based thereupon, and the fees imposed by Ordinance No. 141 are fairly apportioned within the local drainage area either on the basis of benefits conferred on property proposed for subdivision or on the need for local drainage facilities created by the proposed subdivision and develop- ment of other property within the local drainage area. C. The fee under Ordinance No. 141 as to any property proposed for subdivision within the local drainage area does not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within the local drainage area which would be assessable on such property if such costs were apportioned uniformly on a per acre basis. D. The drainage facilities planned are in addition to existing local drainage facilities serving the area at the time of adoption of the drainage plan for the area. Council discussion ensued, with the following speaking in opposition to Ordinance No. 141: G. Ferrari, 25800 Altamont Road; W. H. Walker, 12170 Dawn Lane; and Norman Bonn, Black Fountain Road. VOTE: The Motion to adopt the above findings was carried by the following roll call vote: Ayes: Councilmen Benson, Helgesson, Mayor Aiken. Noes: Councilman Davey. Absent: Councilman Fowle. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson and carried unanimously by roll call vote, that the City Manager be directed to refer the Town's Drainage Plan to the County of Santa Clara for determination of conformity with County Drainage Plan. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson, that Ordinance No. 141 be adopted as read, was carried by the following roll call vote: Ayes: Councilmen Benson, Helgesson, Mayor Aiken. Noes: None. Abstention: Councilman Davey. Absent: Councilman Fowle. 2. Ordinance No. 165 - Second Reading, increasing penalties for late building permits. City Attorney read the title of Ordinance No. 165, an ordinance of the Town of Los Altos Hills amending Ordinance No. 127 of said Town by providing for additional fees for permits obtained after work is commenced. (Increases late fees from double penalty to ten -fold penalty.) MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson and carried unanimously by roll call vote, that further reading of Ordinance No. 165 be waived. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson and carried unanimously by roll call vote, that Ordinance No. 165 420 be adopted as read. RS