Ord 2116 - Amending Chapter 1 of the Town of Los Gatos Municipal Code adding Section 1.10.115 requiring that applicants defend and indemnify the Town in legal challenges to the issuance of permits, licenses, entitlements or approvalsORDINANCE 2116
ORDINANCE AMENDING CHAPTER 1 OF THE TOWN OF LOS GATOS
MUNICIPAL CODE ADDING SECTION 1.10.115 REQUIRING THAT APPLICANTS
DEFEND AND INDEMNIFY THE TOWN IN LEGAL CHALLENGES TO THE ISSUANCE
OF PERMITS, LICENSES, ENTITLEMENTS OR APPROVALS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Chapter 1 of the Los Gatos Town Code is amended by adding section 1.10.115 to read as
follows:
Section 1.10.115. Indemnification of Town
Except as otherwise provided by law, an applicant who receives a permit, license,
entitlement, or other approval pursuant to Chapters 6, 12, 14 and 29 of this Code shall
defend, indemnify, and hold harmless the Town and its officials and employees in any action
brought by a third party to overturn, set aside, or void such permit, license, entitlement, or
approval. This duty to defend, indemnify, and hold harmless the Town and its officials and
employees is a condition of approval of all such permits, entitlements, licenses and approvals
whether or not expressly set forth in such permit, license, entitlement, or approval.
SECTION II
If any of the provisions of this ordinance or the application thereof to any person or property
is held invalid, such invalidity shall not affect the other provisions of this ordinance which can be
given effect without the invalid provision or application, and to this end the provisions of this
ordinance are declared to be severable.
SECTION III
Any judicial review of this ordinance shall be by writ of mandate, under Code of Civil
Procedure 1085. Any action or proceeding seeking to attack, review, set aside, void or annul this
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ordinance shall be commenced within 90 days after adoption of this ordinance
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on August 18, 2003 and adopted by the following vote as an ordinance of the Town of Los
Gatos at a regular meeting of the Town Council of the Town of Los Gatos on September 2, 20003.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None '
SIGNED:
AYOR F THE TOWN OF LOS GATOS
LOS GA OS, CALIFORNIA
ATTEST:
W',
CLERK OF THE TOWN OF LftGA S
L OS GATOS, CALIFORNIA
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