HomeMy WebLinkAboutCity Council Resolution 169 RESOLUTIO~q NO. 169
RESOLUTION ESTABLISHING POLICIES Ot~
~DITURE OF STORM DRAINAGE FEES-
STORM WATERS FUND NO. 87
W~rRREAS, the Santa Clara County Flood Control and [~ater Conservation
District, hereinafter called "District", pursuant to Ordinance 59-1 and
Resolution 59-1 of said District, for some period of time has assumed ex-
clusive Jurisdiction of all flood control facilities within the City of
SaratoZa, and has not assumed any jurisdiction over drainage facilities
within the City of SararoSa, except those facilities which have been con-
structed entirely at District or Santa Clara County expense, and
WHEREAS, said District has, heretofore, established its own policy
that slorm drainage fees collected in unincorporated areas of District
are to be used Sanerally for the construction and maintenance of drainnEe
facilities, and that the construction and maintenance of flood control [act-
lilies by District, whether within or without the incorporated limits of
any city, are to be financed by District throuEh ,~one or district tax funds, and
WHEREAS, the City of SaratoSa is desirous of establishing a policy in
said City for the expenditure of the cityss storm waters fund to be limited
to such facilities as, over which, the City retains Jurisdiction,
NOI4, THEREFORE, the City Council of the City of Saratoga hereby resolves
that ~he following policies are hereby declared and established for the ex-
penditure of funds from its storm waters fund, and beir~E Fund No. 87, of the
City of SararoSa:
S_ection 1=~ The terms "flood control facilities", "drainage
facilities", and "watercourse", shall, for the
purposes of this resolution, be the same as chose terms are
defined b~ the Santa Clara County Flood Control and [4ater
Conservation District under and by virture of the terms of
their Ordinance No. 59-1 and Resolution iqo. 59-1. The term
"surface waters" shall mean rain, sprin~ or sno~ waters, prior
to their teachinE a watercourse. The term "flood waters"
shall mean the ~aters of a watercourse that have broken out of,
or an overflowirq~ or threa~ening to overflow the banks thereof.
.$.e. ction ~I Storm ~aters funds may be expanded in the City
of Saratoga for any of the followinS:
(a) The erection, construction, installation, and mainte-
nance of storm drainaSe facilities, including the
plannins and ~esiEn therefor, and the acquisition of
any necessary easements of riShts of way therefor,
including, but not limited to, inlets, manholes,
catch basins, curbs and Sutters, pipes and covered
conduits hayinS a diameter of less than 60 inches,
retaininS walls, open drainage ditches, culverts, and
outfalls into natural water courses:
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(b) Any ~ork, structure or facility designed to repair
oF prevent storm water damage from either surface or
flood waters to public property, whether such anti-
tipsled or actual damage be from i~nersion, erosion,
landslide, or other.
(c) Emergency patrol maintenance end repair undertaken to
alleviate or mitigate storm ~ater damage of any nature
from surface waters prior to their reaching a watercourse.
(d) Emergency patrol, maintenance or repair, or preventive
work, including the erection or construction of any
work, structure or facility deemed necessary, to pre-
vent or repair flood water damage to private property,
where a state of emergency has been declared by the
Director of Civil Defense under the Civil Defense and
Disaster Operations plan. of the City of Saratoga, and
such Director has required such emergency services
of the City.
(e) The reconstruction, maintenance and repair of city
streets and other rights of ~;ay damaged by flood or
surface waters.
(f) The acquisition, by purchase, eminent domain, or other-
wise, or private. drainage
Sectfo~ =~;= In the maintenance~ ~eplacement or repair of exi-
sting storm drainage facilities, in other than
emergency situations, priority shall be given to such stom
drainage fauil~ies as have been constructed at city expense,
or have been accepted as public facilities by the
Section 4: In addition to the loregoing, when provided by con-
tract between the City and a subdivider, storm ~ater
funds may be contributed towards reimbursement for oversize
draina;e fac~l~ties (pursuant to Section 1~5~3 of the ~usiness
& Professions Code o[ the State of Cal.lfon~i~, or other
p~icable ~aws), where in the opinion of the City Council the
contemplated reta~bursement from connection and use char~es of
the additional area served w~ll be insufficient to reim~urse
the subdivider in full for his additional costs of oversizing
or putting in additional facilities, and in no event shall the
portion of the storm ~.;aters funds so used exceed the amount
of funds actually received by the City from the addftiona~
area to be serve~ by the oversi~in~.
The above a~a foregoin~ resolution was passed and adopted
the City Council of the City of Saratoga on the 6th da~ of November .,
1963, by the fol~owi.g vote:
AYES: Councilmen Glennon, ~raz~l, Drake, Hartman
A~SENT: None
Y
A~ST:
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CI~ C~K
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