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HomeMy WebLinkAbout430 • • RESOLUTION NO. SIO A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS RELATING TO REFUNDING AGREEMENTS. WHEREAS, the Town of Los Altos Hills requires, under applicable ordinances, that subdividers of land install sewers, drains or other facilities for sewers and drains as a condition precedent to the acceptance of a final map, and WHEREAS, in some instances the benefit of such new construction may accrue in large measure to other persons drain whose lands/into and through such new facility, NOW., THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills as follows : 1. It is the policy of the Town of Los Altos Hills that all costs of sewers, drains and other facilities for sewers and drains shall be borne as nearly as possible on an equitably aportioned basis by those owners whose lands are benefited by such facilities . 2. It is the policy of the Town of Los Altos Hills that to effecuate said equitable apportionment, provisions should be made in just cases for repayment to persons con- structing sewers, drains and other facilities for sewers and drains of a fair portion of their expense, when and if such reimbursement should become feasible through imposition of reasonable charges upon persons whose lands drain into said facilities. 3. When any subdivider of land, in fulfilling a con- dition precedent to the acceptance of his final map, installs sewers, drains or other facilities for sewers and drains of a nature which substantially benefits other lands , and offers -1- LAGORIO & FAISANT ATTORNEYS AT LAW SOD THIRD STREET LOS ALTOS, CALIF. 948-8200 • • such facilities for dedication to the Town of Los Altos Hills, he may make written application to the City Clerk, requesting the Town to execute a refunding agreement. Such application shall be referred to the City Engineer, who shall determine, after consideration of all relevant factors such as location and nature of the facilities, area to be served by the facilities, developable areas potentially draining into the facilities, amounts and velocities of drainage, and probable expense of drainage facilities to be installed upon higher land, whether a refunding agreement would be appropriate in the particular case. The City Engineer shall submit his ruling to the City Clerk, who shall inform the applicant of the nature of the ruling. In the event of a ruling by the City Engineer against entry into a refunding agreement, the applicant may appeal the decision of the City Engineer to the City Council. In the event of a favorable ruling by the City Engineer, or a ruling, on appeal, by the City Council that a refunding agreement would be appropriate, the applicant may then submit a proposed form of agreement to the City Clerk for transmittal to the City Engineer and the City attorney, which officers shall review the contents and form of the agreement, and return it, together with any recommendations for changes, to the City Clerk. The City Clerk shall inform the applicant of any proposed changes, and shall submit the file to the City Council. The City Council shall review the application and pro- posed agreement, together with the recommendations of the City Engineer and City Attorney, and may, if it deems it appropriate in the particular case, execute an agreement in final form. Every contract for reimbursement shall contain, in addi- tion to any other provisions, the following: LAGORIO & FAISANT -2- ATTORNEYS AT LAW SOO THIRD STREET LOS ALTOS, CALIF. 948-8200 i . • I' (a) A provision prescribing the amount, time and method of reimbursement to the persons constructing the facilities. A provision that the Town of Los Altos Hills may y ( ) collect from any person using such facilities for the benefit of property not within the original subdivision a reasonable charge for such use. (c) A provision that if, by a decision of a court of competent jurisdiction or by state law, it shall be declared or become unlawful or unconstitutuional to require payments from persons whose property is benefitted by use of such facilities, then the person receiving reimbursement shall hold the Town of Los Altos Hills harmless from any liability to repay persons previously charged for use of such facilities, and the reimbursement agreement shall otherwise cease to be effective. (4) Nothing in the resolution is to be construed as declaring a policy on the part of the Town of Los Altos Hills to enter any agreement for refunding or expenses incurred in connection with facilities constructed because they were neces- sary to protect a subdivider's land due to a condition existing or created on such land, though such facilities might incidentally benefit lands draining through them. x I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 4th day of '::March:, , 1968, by the following roll call vote: AYES: Councilmen Aiken, Benson, Davey, Fowle, Mayor Henley NOES: . None ABSENT: None ATTEST: APPROVED: , LAGORIO & FAISANT / LOS ALTOS, CALIF. Mayor 948-8200 -3-