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RESOLUTION NO. 1597
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE TOWN OF IAS
ALTOS HILLS ADOPTING A POLICY CONCERNING THE PERFORMANCE OF
WORK UPON PRIVATE PROPERTY
RESOLVED, by the City Council of the City of the Town of Los Altos Hills,
County of Santa Clara, State of California, that
The following statement of policy concerning the performance of work by or
on behalf of the Town hereby is approved and adopted:
1. Section 6 of Article YVI of the California Constitution prohibits the
lending ofthe credit of any city in aid of any person or to pledge the credit of
the city for the payment of the liabilities of any individual or the making of any
gift of public money to any individual.
2. Public funds are required to be expended for the benefit of the entire
community rather than for the primary benefit'of a private individual or group, unless
the State Legislature-hasotherwise provided by statute. If the primary purpose of
the expenditure of public fundsby a city serves a public municipal purpose, it is
immaterial that, incidentally, private ends maybe advanced.
3. The Town shall not perform or cause to be performed any work for which
Town funds are expended upon private property except
a. If any benefit to private property is only incidental, and the
work 'is to 'beperformedupon property which is owned by the Town
by purchase or 'dedication, or in which the Town has an interest
as for example an easement or right-of-way.
b. If ,the work to be performed upon private property is allowed by
an express State statute, or included in work to be performed
within an assessment district organized under a State statute
which permits performance of the type of irk for which the
assessment district was formed upon private property.
c. If the work 'to be performed upon private property is required for
the preservation of the public health although it is in performance
of a duty imposed upon the owners of private property. Upon com-
pletion of the work, the Town will proceed to collect the cost of
the work in whatever manneris available, including but not limited
to placing a upon the property on which the work was performed
after compliance with applicable laws.
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d. If the work to be performed is upon both public and
private property under a single construction contract,
and an agreement has been entered into between the
owners of the private property and the Town whereby
the actual cost of the portion of work to be performed
upon private property has been or will be paid by the
owners of the private property.
REGULARLY passed and adopted this 19th day of October, 1983.
BY --
Mayor
ATTEST:
City Clerk
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