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ill .
. 0 Lt . T' I0A NO. ']6
2(i0 the blown of Los latos :.tills reeu1 re s, under
applicable ;:,rdinances, that subdividers of land make rrovisions
far carryinc off surface waters, and
under the aforesaid renuir_ements some subdivi-
ders are caused. to construct drainage facilities at considerable
expense, and
:dI�L 2,b , in some instances the benefit of such new con-
struction may accrue in large measure to other persons whose
lands will drain into and through such new facilities,
7 IT HIS ;.:i 'JVD by the Council of the Town
of Los .'altos dills that :
(1) It is the policy of the Town of Los Altos Hills
that all costs of drsina; e facilities should be borne as nearly
as possible on an equitably apportioned basis by those owners
whose lends ere benefitted by such facilities.
(2) It is the Tolley •of the 'i own of Los altos dills
that to effectuate said equitable apportionment, provision should
be made in just cases for repayment to persons constructing drain-
age f ;cilities of a fair portion of their expense , ze)hen and if
sue& reimbursement should becolee feasible through ie-iposition of
reasonable charges upon -persons whose lands drain into said faci-
lities.
. (3) When any subdivider of land , in fulfilling a condi-
tion precedent to accentancdis final map, installs drainage fac-
ilities of a nature which ssb,tantially benefits other lands, and
offers such . facilities for dedication to the Town of Los eltos
• .dills, he may make written application to the City Clerk, request-
ing the City to execute a refunding' agreement. guch application
shall be referred to the City Lngineer, who shall determine, after
consideration of all relevant factors Such as location and nature
of the facilities, area to be served by the facilities, develop-
able area potentially drainin; into the facilities, amounts and
velocities of runoff, 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 nginoer against
entry into a refunding agreement, the applicant May appeal the
decision of the City -i n:- ineer to the City Council. In the event
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of a favorable ruling by the City :]n,,eineer, or a ruling, . on
- appeal, by the Council that o. .refuudis` agreement would be ap-
propriate, the applicant may then submit a proposed form of a-
greement to the City Clerk, for transmittal to the City 'Ingineer
and the City Attorney, which officers shall review the contents
and form of the agreement, and return it, toether with any re-
commendations for char .es, to the City Clerk. The ,.%ity Clerk
shall inform the ap=;lice?.nt of any proposed changes, and shell
submit the file to the (%ity Council.
TheCity Council shall review the appli_cation and pro-
posed agreement, together with the recommendations of the City
gin; ineer and 'city Attorney, and may, if it deems it appropriate
in the particular case, execute an a greeMent in final form.
.. very contract for reimburr event shall contain, in
addition to .any otter provisions, the following:
(a) provision prescribing the amount , tine and
method of reimbursement to the persons constructing, the facili-
ties.
(b) provision that the Town of hos Altos `:ills may
collect from any -:cr,scn 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 ohall be declared, or
become unlawful or unconstitutional to re:suire payments from
persons whose property is benefitted. 'by use ofsuch facilities,
then the personreceivinc. reimbursement shall hold the Town of
Los 'altos Tills harmless from any li'n.bility to repay persons
previously charged for use of such facilities , and the reimburse-
ment agreement shall otherwise cease to be effective.
(4) :clothing in this -resolution is to be construed as
declaring a policy on the tart of the Town of Los .'altos .hills to
enter any agreement for refunding- or exrenoes incurredin con-
nection with facilities constructed because they were necessary
to protect a subdivider' s land - due to a condition existing or
created on such land, -t;hvugh such facilities might incidentally
benefit lands draining-through them. -
The f:7revo i.n} ' re so:l ution. was.,duly sic?o p- ed at ,a
t'egu1ar dj ourned ._ :e•f.2t'in. .6f° .tcle ��it,. Council 'of the' To-v.-in-of
Los s.ltos :Ellis, held at ;'t:he in said Town ,of Les
<1,;14Gos gi lls on Urie 15t: day of , eptei nber, 1953 by the
, following vote = •'
; Y ;`' Councilmen Clayton.; Sherlock Treat Ma or Fowl e:'
•
ka�J : . None ;
kB: :;gf,f,
Councilman Bledsoe ,
•
L ,. 1,,ayor.;
- - - r3i0t./ '#'. OF .L0;3 '.!^`b,�3 L OS T T41i 3 ` - . .
C a.fiiy %,terK •.,grAssiim