Ord 1936 - Urgency Ordinance - CHapter 23, Article V, Regarding Reimbursement for Street Improvement Costs Previously Paid for by the TownORDINANCE 1936
URGENCY ORDINANCE OF THE TOWN OF LOS GATOS
CHAPTER 23, ARTICLE V OF THE TOWN CODE REGARDING REIMBURSEMENT
FOR STREET IMPROVEMENT COSTS PREVIOUSLY PAID FOR BY THE TOWN
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
An urgent need for this ordinance exists in order to preserve the public health and
safety in that:
1. The Route 85 Performance Agreement with the Santa Clara County Traffic
Authority includes a provision that obligates the Town to widen Los Gatos
Boulevard to four lanes prior to the completion of the Bascom Avenue
interchange.
2. In order to widen Los Gatos Boulevard in a manner that provides for
maximum pedestrian and vehicular safety, it is necessary to acquire property
within the Official Plan Line.
3.. The Santa Clara County Traffic Authority has requested that the Town of Los
Gatos begin construction by September 1993 to prevent scheduling conflicts
with the construction of the Route 85/17 interchange. By commencing
construction in September, the public health and safety would be served
because it would allow Route 85 to be opened sooner.
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4. In order to begin construction by September 1993, the Town must commence
design work and hire a contractor, consequently the right -of -way acquisition
must be commenced in April.
5. The owners of this property are willing to agree to dedication providing they
incur none of the construction costs.
6. The only way to satisfy the conditions imposed by the owners and commence
right -of -way acquisition in April, 1993, is to adopt this Code amendment as
an urgency ordinance.
SECTION II
Section 23.50.055 of the Code of the Town of Los Gatos is added to read as follows:
Sec. 23.50.055. Exceptions to Article.
This Article shall not apply when the Council approves an agreement with the grantor
of property which specifically exempts the grantor from payment for street improvements
on the property granted to Town.
SECTION III
This ordinance takes effect immediately and shall be published once in the Los Gatos
Weekly- Times, a newspaper of general circulation, published in the Town of Los Gatos
within fifteen (15) days.
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SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on April 5, 1993, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on April 5,
1993. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Joanne Benjamin
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
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SIGNED:
OR OF TH TOW OF LOS GATOS
L S GATOS, CA
LIFOR LIFOR IA
ATTEST:
CLERK OF THE TOWN OF L S GATOS
LOS GATOS, CALIFORNIA
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