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RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AGREEING TO ALLOW THE LUND FAMILY TO TRANSFER UNUSED SEWER CONNECTIONS FROM THE 1986 PRE-SALE TO OFF-SITE THIRD PARTIES UPON APPROVAL BY THE DUBLIN SAN RAMON SERVICES DISTRICT AND OTHER CONDITIONS WHEREAS, in the 1980s, the Dublin San Ramon Services District (DSRSD) and Livermore Amador Valley Waste Management Authority (LAVWMA) sought to sell sewer capacity in advance in order to raise capital to fund the construction of needed expansion projects; and WHEREAS, the City of Pleasanton adopted such Advance Sewer Sale program to help LAVWMA and DSRSD raise capital; and WHEREAS, in 1986, Victor and Lawrence Lund participated in the Advance Sewer Sale and purchased from the City one hundred (100) residential dwelling units equivalents of sewer capacity for their property in South Pleasanton (APNs 946 - 2632 -1 and 946 - 2577 - 001 -02); the Lunds' Advance Sewer Sale Permit is attached as Exhibit A. and WHEREAS, as part of that Advance Sewer Sale program, the Lunds agreed that such capacity could not be used on property other than the property described in the permit; and WHEREAS, the Lunds nevertheless desire to sell unused sewer capacity to third parties not located on their property; and WHEREAS, the City is willing to allow such sale and transfer so long as it is approved by DSRSD and other conditions are in place to protect the City. NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: SECTION 1. Requires that the Lunds to receive approval from DSRSD in a form acceptable by the City Manager allowing for the Lunds to sell their unused sewer capacity and transfer it to third parties not located on the Lunds' original property. SECTION 2. Conditions any sale and transfer of unused sewer capacity to off -site locations on: (1) the Lunds executing documents in a form approved by the City Manager and City Attomey creating a clear record of any such transfer; (2) the buyers of the transferred capacity remaining responsible for paying City sewer connection fees in effect at the time of connection; and (3) the City not waiving any discretion to consider the size and scope of the Greenbriar Homes project on the remaining portions of the Lunds' original Advance Sewer Sale property. PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on July 21, 2015. 1