HomeMy WebLinkAboutNS-5.6 OPd)INANCE NO.. NS-5.6
A~] ORDINANCE ~'~NDING ORDINANCE NO. NS-5
OF THE CITY OF SAFj~TOGA, THE SUBDIVISION
ORDINANCE, P~ELATING TO WATER FL~IN REII~]URSEMENT
The City Council of the City of Saratoga does hereby ordain as
follows;
Section 1: There is hereby added to SeCtion 4.5 of Part Two of
Ordinance NS-5 of the City of SaratOga, the foilowing
subsectlon:
Section 4.5-1: City Financed Water Facilities-Reimbursement.
~enever the City has caused, or is causing,
by virtue of contract ~ith the San Jose Water Works or other
water utilitiy, the construction of aomestic or commercial main
water lines running into the service area of the lot, site or
subdivision in question, and where the City has paid, by ad-
vance or otherwise, sums to the x~ater utility to cover the cost
of such construction in excess of such portion of said cost
as will be refunded (in accord with such applicable main
extension rules of the utility as are approved by the Cali-
fornia Public Utilities Commission), then in lieu of con-
structing such water mains subdivi4er nmy connect to such
existing main or mains as will service the.area in question, but
shall be required to pay to City a prorata share of such
excess in cost over amounts otherwise refundable to City, as
the frontage of the lot, site o~ subdivision lots which
use said water main or mains bears to the total existing or
prospective frontage servicable by said main or mains.
.Sqction 2: If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held by a court of
competent jurisdiction to be invalid, such decision shall not affect
the validity of the remaining portions of this ordinance. The City
Council of the City of Saratoga hereby declares that it would have
passed this ordinance and each section, subsection, sentence, clause
and phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be held invalid
or unconstitutional.
The above and foregoing ordinance was regularly introduced and
after the waiting time required by law was thereafter passed and adopted
at a regular meeting of the City Council of the City of Saratoga on the 16th
day of~'~''O~tober ",1963, by the following vote:
/'~l~-~ r.'~\ .
AYESj ~ Councilmen:~ 'Glennon~ Brazil~ Dra~e~ Tyler