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010 <br /> 111 <br /> -2- <br /> of a favorable ruling by the City :]n,,eineer, or a ruling, . on <br /> - appeal, by the Council that o. .refuudis` agreement would be ap- <br /> propriate, the applicant may then submit a proposed form of a- <br /> greement to the City Clerk, for transmittal to the City 'Ingineer <br /> and the City Attorney, which officers shall review the contents <br /> and form of the agreement, and return it, toether with any re- <br /> commendations for char .es, to the City Clerk. The ,.%ity Clerk <br /> shall inform the ap=;lice?.nt of any proposed changes, and shell <br /> submit the file to the (%ity Council. <br /> TheCity Council shall review the appli_cation and pro- <br /> posed agreement, together with the recommendations of the City <br /> gin; ineer and 'city Attorney, and may, if it deems it appropriate <br /> in the particular case, execute an a greeMent in final form. <br /> .. very contract for reimburr event shall contain, in <br /> addition to .any otter provisions, the following: <br /> (a) provision prescribing the amount , tine and <br /> method of reimbursement to the persons constructing, the facili- <br /> ties. <br /> (b) provision that the Town of hos Altos `:ills may <br /> collect from any -:cr,scn using such facilities for the benefit <br /> of property not within the original subdivision a reasonable <br /> charge for such use. <br /> (c) A. provision that if, by a decision of a court of <br /> competent jurisdiction or by state law, it ohall be declared, or <br /> become unlawful or unconstitutional to re:suire payments from <br /> persons whose property is benefitted. 'by use ofsuch facilities, <br /> then the personreceivinc. reimbursement shall hold the Town of <br /> Los 'altos Tills harmless from any li'n.bility to repay persons <br /> previously charged for use of such facilities , and the reimburse- <br /> ment agreement shall otherwise cease to be effective. <br /> (4) :clothing in this -resolution is to be construed as <br /> declaring a policy on the tart of the Town of Los .'altos .hills to <br /> enter any agreement for refunding- or exrenoes incurredin con- <br /> nection with facilities constructed because they were necessary <br /> to protect a subdivider' s land - due to a condition existing or <br /> created on such land, -t;hvugh such facilities might incidentally <br /> benefit lands draining-through them. - <br />