HomeMy WebLinkAboutReso 079-83 Zone7DrainPgm l~80Lt~IOl~ OF THE CITY COUNCIL OF ~Resolution No. 79-83
Alameda County Flood Control District Zone 7 Special Drainage Area
A 8~CIAI, DIL~INA..q]i ~ IvltOGRAM FOlt ZONE
~ ALAi4EI~ COURTI' ~ OONTItOL DiB~tiCT
~, on Ma~ 17, 1966. the Board of Supervisors of the Alameda
Comat~ Flood Coatrol ~d Wa~r Cmae~ation District by Resoluti~ No. ~2
eatablta~d a S~eeial Dml~e A~a ~a~t to Secti~ ~.2 of Act No. 205
of ~e U~i~ed ~ta of ~e ~ater C~e of ~ Sta~ of Cali~o~ia; ~
~, a ~im of ~e Ci~ of
lies wi~n ~e Speeia~ Drainage
AreaI amd
W}~a the establish~ent of Special Dmiaa~e Area No. ?-1 ia
c~aide~d eaa~tlal to ~e aolutl~ o~ .to~ drain~ p~l~ of ~e porti~
of ~e City of D~bli~,
~ ~ ~l~in said Special Dml~ ~a No. 7-1;
~. ~~. ~ ~ ~OL~, ~t t~ Cl~ C~cil of the City of
~i;~'.d~l he.by c~c~ l~ ~ Bp~i~ D~ge A~a 7-1 el~bliahed by the
City of
amd
Board of Supervisor8 of the Alas~da Couat~ Flood C~l ~d Water Cmse~atl~
Dlat~ct~ said ~~ ~~e ~a ~O. 7-1 lies ~ ~e City 1~ of ~e
vi~ b~~es la eh~ ~ ~~ No. ~ 1~1 o~ said Distriet~
BE r~ ~ I~OLV~Da that the Al~aeda Cotmt~ Flood C~ol and Water
C~e~ati~ District lo au~lz~ ~ ~itt~ to col~ct ff~s eo~bliahed
in t~ ~ ~td~ ia oa~d Act aa a e~diti~ p~eedent ~ the d~el~ent
issued to
FI~ C~t~l ~ Wa~r C~emtim Diet~lot~ pr~ided such f~s do not e~e~
the pro ra~ a~re o~ t~ ~t ~ ~ t~al act~l ~ '~et~t~ costs of all
such d~e facilities wi~ ~e ~eial dm~ ~ ~ich ~d be assessable
~ a~h ~~ If s~h costs ve~ a~o~l~ ~ a ~ifo~ f~ ached~e; and
BE 1T ~ it~OLVED that the BuiLdta~ Official off the City of
is hereb~ ordered mad directed to cooperate with the Alameda County Flood Control
mad Water Cwerwatio~ District to accc~plish the purposes off this Reeo%ution.
! ~ CERTIFY that the ffore~o~ resolution wac ~ntroduced at a
regular meetin~ Of the City Council he%d on .,, D~ce~nb_er 12 , 19 ~ by
Co~nci/man Hecart~ ~ who moved itc adoption and paeea~e~ which motion
wac carried after bein~ dul~ seconded and p~esed by the follc~ vote:
Councilmembers Drena,
and Mayor Snyder
None
None
Hegarty, Jeffery, Moffatt
8~,COIID]~I Councilmember Moffatt
ATTEST:
Cit~ Cl. rk
Cl~ Att~rne~
AGREEMENT
THIS AGREEMENT, made and entered ihto this
by and between the ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
hereinafter referred to as District, and the CITY OF DUBLIN, hereinafter referred
to as City;
W I TNE SSETH:
WHEREAS, District has, ,~nder provisions of its act, established
Special Drainage Area 7-1 by Resolution No. 6922, authorizing certain drainage
improvements therein for the benefit of present and future owners and developers
within said area; and
WHEREAS, District, under provisions of its act, did adopt Ordinance
No. 53, said Ordinance providing for the collection, accounting for and disburs-
ing of fees in connection with Special Drainage Area 7-1; and
WHEREAS, City has by its Resolution No. 79-83 , adopted December ~ ]L983
concurred in the establishment of Special Drainage Area 7-1; and
WHEREAS, District Ordinance No. 53, provides that Cities within
Special Drainage Area 7-1 will collect for District any fees required by said
Ordinance at the time City issues its building permit or use permit for any
construction or improvement, within the boundaries of such City; and
WHEREAS, an arrangement is necessary whereby City will collect the
aforesaid fees for District, and District will reimburse City for expense
incurred by City in collecting such fees;
NOW, THEREFORE, the parties agree as follows:
1. City agrees to collect said fees for District at such time as
City issues a building permit or use permit for construction or improvement of
properties lying within the boundaries of Special Drainage Area 7-1, and which
are within the boundaries of City, such fees to be collected on the basis of
District Ordinance No. 53.
2. City agrees to submit to District on forms furnished by District,
a statement by the 15th of each month indicating any said collection made during
the previous calendar month. Said statement shall include, but not be limited
to, fees collected, percentage withheld for City's costs of collecting said
fees, and amount due District. One (1) copy of any map or maps or plat that may
-indicate the parcels for which said drainage fees have been collected shall be
submitted with said statements.
3. District agrees that City shall retain one percent (1%) of all
said fees collected for District, as City's cost of said collection, and City
agrees that said retention shall be final and conclusive costs to District for
all services rendered to District in making said collections.
4. District shall defend, on behalf of the City, any claim or
claims against the City for the refund of any funds or fees collected by the
City pursuant to this Agreement and in the event that the said Ordinance No. §3
is held invalid by a Court of competent jurisdiction and the District or the
City is ordered or required to refund any funds collected pursuant to said
Ordinance and this Agreement, District shall make no claim against the City for
any amount or amounts retained by the City as compensation for its services
hereunder.
5. It is agreed that the City shall not be responsible for any
fee or fees which it fails to collect by reason of oversight, neglect or deficiency
in any map or plat submitted to the City or prepared by it and used as a basis
for the computation of the fees provided in Ordinance No. 53 to be collected by
the City or for any other reason whatsoever.
6. City agrees to pay District amounts due District by the 15th of
the month following the month in which any said fees may be collected.
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IN WITNESS WHEREOF, District and City have executed these presents
by and through the Chairman of the Board of Supervisors and the City Manager or
Mayor, respectively.
CITY OF DUBLIN
Mayor
Appn~ed as to rom
C~ ty Attorney
Cfty C1 erk
ALAMEDA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
Approved as to fom
RICHARD J. MOORE, County Counsel
By
Deputy
IAC5B12-14
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