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Home My WebLink AboutMINUTES - 01101995 - 1.25 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND,WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: JANUARY am, 1995 SUBJECT: APPROVE THE DRAINAGE FEE COLLECTION, RIGHT OF WAY, AND MAINTENANCE AGREEMENT BETWEEN THE FLOOD CONTROL DISTRICT AND THE TOWN OF DANVILLE FOR DRAINAGE AREAS 10, 37A AND 101A. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair to execute a Drainage Fee Collection, Right of Way and Maintenance Agreement, between the Flood Control District and the Town of Danville. II. Financial Impact: The agreement provides for the payment of a collection fee to the Town of Danville at 0.5 percent of the drainage fees collected by the Town. III. Reasons for Recommendations and Background: Drainage Areas 10, 37A and 101A encompass both unincorporated area, and area within the limits of the Town of Danville. The Drainage Area provides for the construction of drainage facilities utilizing drainage fees collected pursuant to the fee ordinance. This agreement provides procedures for the collection of drainage fees, assigns responsibility for the maintenance of facilities, and designates how right of way will be acquired and title will be held. IV. Consequences of Negative Action: Clarification provided by the agreement would not be available. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JAN 1 01995 APPROVED AS RECOMMENDED OTHER 1 hereby certify that this is a true and Correct Copy Of an action taken and entered on the minutes of the Board of Supejxwsfn0 e�� whown. ATTESTED: PHIL BATCHELOR, oicrk of the Boa VOTE OF SUPERVISORS of Supervisors and ounty Administrator ✓✓ UNANIMOUS(ABSENT ) By Deputy AYES: NOES: ABSENT: ABSTAIN: PH/RB:mg g:\fldctl\fcbo\drainfee.t1 Orig. Div: Public Works(FCE) Contact: P. Harrington,313-2271 cc: o c+ CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGS FES COLLECTION, RIGHT OF WAY AND MAINTENANCE AGREEMENT FOR DRAINAGE AREAS 10, 37A & 101A I. PARTIES Effective on , 19 the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter referred to as "DISTRICT, " and the TOWN of Danville, a municipal corporation, hereinafter referred to as "TOWN, " mutually agree and promise as follows: 2. PURPOSE In accordance with Sections 12 .2 and 12.3 of the Contra Costa County Flood Control. and Water Conservation District Act (Chapter 63 of West's Appendix to the Water Code) , DISTRICT has adopted a drainage plan or plans providing for the installation of needed drainage facilities in Drainage Areas 10, 37A & 101A and has adopted an ordinance or ordinances establishing drainage fees to finance such facilities. A copy of said ordinance(s) is attached to this agreement as Exhibit "A. " The area encompassed by the ordinanoe(s) contains lands within the jurisdictional limits of TOWN. In consideration of the fact that TOWN will benefit from the installation of the drainage facilities to be financed by the drainage fees, DISTRICT and TOWN agree as provided in this agreement. 3 . COLLECTION OF FEES A. The TOWN official designated to do so by the above-described ordinance(s) shall determine and collect the fees imposed by the ordinance(s) within the jurisdictional limits of TOWN. All fees collected by TOWN shall, within sixty days after the end of each calendar year, be forwarded to DISTRICT. B. Within one year of the receipt of any drainage fee(s) , TOWN shall forward documentation regarding fee(s) collected including name of property owner, assessors parcel number(s) , drainage area, development number(s) , land use type and related fee(s) collected. DISTRICT will record in its permanent records the area to which the fee applies and will, upon request by TOWN, provide fee information on any parcel within the drainage area(s) . C. in consideration for the collection of drainage fees, TOWN will receive from DISTRICT a fee administration charge fixed at 0.5 percent of the total fee amount collected by TOWN and forwarded to DISTRICT during the fiscal year. The fee administration charge shall be paid to TOWN, in full, within sixty days after the end of each fiscal year in which fees have been transmitted to the DISTRICT. D. Should any legal action be filed challenging the validity of the above-described ordinance(s) or the fees established thereunder, DISTRICT shall defend and indemnify the TOWN, its officers and employees against the same. DISTRICT's obligation to defend and indemnify shall not apply to any legal action resulting from errors or omissions by TOWN, its officers or employees, and TOWN shall defend and indemnify DISTRICT, its officers and employees against the same. E. DISTRICT may from time to time amend the drainage plan(s) and ordinance(s) or adopt a new drainage fee ordinance or ordinances with TOWN'S prior approval. 1 RIGHTS OF WAY A. To the maximum extent allowed by law, TOWN shall require developers within TOWN's jurisdictional limits to furnish, by offer of dedication or grant, all land rights necessary for installation of drainage plan facilities. Said land rights shall be obtained in the name of TOWN, except as provided • otherwise in Subsection C. B. Those land rights that cannot legally be obtained by TOWN in the manner specified in Subsection A shall be obtained by DISTRICT, by dedication, purchase or condemnation, through the use of drainage fees or other funds available for such purpose. Said land rights shall initially be obtained in the name of DISTRICT and, except as provided otherwise in Subsection C, transferred to TOWN. C. Land rights for installation of those drainage plan facilities listed in Exhibit "B" attached to this agreement shall be obtained in fee simple in the name of DISTRICT. 5. ACCEPTANCE# MAINTENANCE AND HOLD HaPILLUSS A. TOWN shall accept, when the installation work is complete, those newly installed drainage plan facilities located within TOWN's jurisdictional limits including &U of the Danville Boulevard crossing of Rutherford Creek near E1 Portal, except for those drainage plan facilities listed- in attached Exhibit "B, " which shall be accepted by DISTRICT. B. DISTRICT shall, following acceptance by DISTRICT, own and be responsible for maintaining those drainage plan facilities listed in attached Exhibit "B." In addition, DISTRICT shall defend, indemnify, save and hold harmless TOWN, its officers and employees against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising after DISTRICT's acceptance of said facilities, whether relating to the design, construction, use, operation or maintenance of said facilities. C. Except for those drainage plan facilities listed in Exhibit "B, " TOWN shall, following acceptance or annexation by TOWN, own and be responsible for maintaining all those newly constructed drainage plan facilities installed within TOWN's jurisdictional limits. In addition, TOWN shall defend, indemnify, save and hold harmless DISTRICT, its officers and employees against any and all claims, demands, suits, costs, expenses and liability for any damages,' injury, sickness or death arising after TOWN's acceptance or annexation of said facilities, whether relating to the design, construction, use, operation or maintenance of said facilities. p. Nothing in this agreement shall be construed as imposing, in favor of third parties, any standard of care different from that normally imposed by law. In addition, nothing in this agreement shall be construed as diminishing the liability of developers and other third parties responsible for the design and installation of drainage plan facilities. 6. TOWN's OBLIGATIONS TOWN's obligations under Sections 3, 4 and 5 shall apply to those areas within TOWN's jurisdictional limits at the time of execution of this agreement, as well as to any areas subsequently annexed by TOWN. 2 y - 7 . PRIOR AGREEMENTS From and after the effective date, this agreement shall supersede any prior agreement(s) between the parties relating to drainage fee collection for the above-mentioned drainage area(s) . 8 NOTICES All notices, forms or payments required by this agreement or law shall be sent or hand-delivered to the parties at the following addresses: TOWN OF DANVILLE 510 LaGonda way Danville, CA 94526 Attn: Engineering Dept. DISTRICT Contra Costa County Public Works Department Accounting Division 255 Glacier Drive Martinez, CA 94553 9. TERMINATION This agreement shall continue in effect so long as any area within TOWN's jurisdictional limits is subject to the drainage fee imposed by the above-described ordinance(s) . Termination of this agreement shall not affect the provisions of Section 5, which shall, survive termination of this agreement. 10. AMENDMENT This agreement may be amended at any time with the prior written approval of both parties. TOWN OF DANVILLE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By Mayor Chair, Bo rd of Sup rvisors of Contra Costa County, as the ATTEST: governing body of the Contra Costa County Flood Control and Water Conservation District By: ATTEST: Phil Batchelor, Clerk . .Town Clerk of the Board of Supervisors and County Administrator APPROVED AS T By: By: , GT6wn Attorney Deputy Clerk 3 I I RECOMMENDED FOR APPROVAL: J. Michael Walford, Public Works Director/Chief Engineer By• APPROVED AS TO FORM: Victor J. Westman, County Counsel Deputy J EXHIBIT "A" Drainage Area Fee Ordinance(s) EXHIBIT "B" List of District-Maintained Drainage Plan Facilities MM:kd g:\f1det1\d0\Drgefee.DAN 9i6i9a I d 4 TOTAL F.05