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t2 construction by Oddstad of improvements, including sanitary sewers, both within and outside said subdivisions; Oddstad has not completed construction of all said improvements, and specifically, has not completed the construction of twelve and fifteen inch vetrified clay sanitary sewer outfall from the intersection of Carson Street and Fernside Street to the intersection of Virginia Avenue and Goodwin Avenue which sanitary, sewer outfall is to drain said subdivisions and Oddstad has heretofore caused and permitted occupancy of said subdivisions; and, WHERAS, City has prohibited further occupancy of said subdivisions until such time as the abovementioned twelve and fifteen inch sanitary sewer outfall can be completed, or in the alternative, until such time as adequate sanitary sewer facilities can be installed to permit proper drainage of said subdivisions without danger of sewer overflow in areas adjacent to or below said subdivision; and WHEREAS, immediate construction of an emergency sewer by-pass will permit adequate drainage of said subdivisions without endangering any other areas until such time as the above- mentioned sewer outfall can be completed; WHEREAS Oddstad is desirous of installing said emergency sewer by-pass and of completing the abovementioned sewer outfall as quickly as possible, and Oddstad is desirous of defending, indemnifying and holding harmless the City, of Redwood City., etc., from liabilities, claims, demends, loss and/or damage resulting or arising out of any and all sewer overflow caused in whole, or in part, or contributed to by, sewage, effluent, rain or storm water emanating from sanitary sewers situated in either or both of said subdivisions; and, WHEREAS, City and Oddstad are desirous of permitting further occupancy of said subdivisions after said emergency sewer by-pass is installed by Oddstad, provided, said new occupancy coes not exceed 20 additional units per week* and provided further said new occupancy does not exceed 100 additional units before the sewer outfall is constructed and operating; There are 14 conditions and agreements set forth, condition 3 being said improvement shall be completed and ready for operation on or before November 15, 1956; provided, however, that surface restoration need not be completed until December 1, 1956. Councilman Weiss read the -following prepared statement: We have been discussing the question of passing ordinances without copies being available or being furnished councilmen, I wish to go on record, since Mr. Granger has raised the issure, that normally the same should apply to resolutions, especially such as this type - certainly we have had a resume of it given us this evening, but we have not had the full text read to us nor have we been furnished copies in advance. I feel the situation is the same and should be equally applicable in all cases. I want to be as impartial as possible in determining this proposal - I feel that it is our moral obligation to protect the people from the possible dangers involved, while, at the same time we have a definite responsibility not to damage or unduly hamper the devel- opers activates. Our moral obligation can not be lightly overlooked, we have been warned and placed on notice as to the possible dangers involved. Feeling that our decision can have far reaching effect on the people residing in the area that my be effected adversely, I have taken the trouble to ascertain the feeling of some of the people, regretfully I must state that they are quite concerned, most of them indicated that they would prefer to avoid any difficulties 'to being reimbursed ,for any damage that may occur. To review just briefly - the subdivider was aware of the requirement that he was to build a 3500 foot of trunk line to the interceptor indicated. As late as May 16, he endeavored to get this council at a study meeting to agree to share the cost of construction of said trunk line. Upon objections raised to such action on our part, and in view of the provisions of the subdivision ordinance, he was advised that he would have to proceed at his own expense. It thus is self evident that he had ample notice and time to avoid this emergency situation. The city engineer has taken proper action under the circumstances to Owp further occupancies which were creating the situation which he considered critical. The facts on which he prdicated his decision are set forth in his letter to the council and to the subdivider. His concern in the matter was repeated and reaffirmed to the council both in study meetings and at our egular meeting last Monday. Since then, though the situation has not materially changed, we are asked to believe that the situation is not as serious as before indicated; especially in view of the fact that the developer has indicated his willingness to hold the city harmless by providing adequate insurance, as well as certain other proposals in case of imminent danger should inclement weather necessitate it. To my mind the fact that such insurance is to be provided, and since it is accomplished through formal agreement, is definite indication that there must be reason for condern and that a serious situation is apparent. It is therefor mV feeling that we as councilmen have a normal obligation to safeguard the welfare of the people, to take all possible precautions and preventive measures that will avoid any foreseeable danger to their lives, health and property. It is my belief that provisions for indemnification in the face of possible danger does not assuage or condone gambling with the peoples welfare. Some of the people resident in the area that most likely may be affected are in the audience, they should be given every opportunity to express whether they are or are not willing to gamble and face the dangers involved in the face of being provided or protected by insurance. As for myself, I shall vote as my conscience dictates when the time for voting on the question arrives. 0 0" 60 0" O