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(a) Indemnification and Hold Harmless. In each case in which a proceeding for an improvement project or new development improvement project conducted by the County for an entity other than the County, such entity shall agree to hold the County harmless and to indemnify the County for any loss suffered or liability incurred on account of such proceeding or project.
(b) Contingent Liability. Except with the specific approval of the Board of Supervisors, the County shall elect against contingent liability on any improvement project.
(Am. Ord. 1919, passed - -1974; Am. Ord. 2799, passed - -1983; Am. Ord. 3121, passed - -1987)
(a) In its review of any project, the Commission shall determine whether or not the proposed project conforms to applicable criteria established by an entity of competent jurisdiction with respect to the following:
(1) Land use zoning;
(2) General or specific plan directories, constraints, or prohibitions;
(3) Waste disposal, including, as pertinent, wastewater, solid waste and hazardous waste disposal;
(4) Availability of public utilities;
(5) Availability of requisite public and governmental services such as police, fire, hospital, emergency medical, and flood control;
(6) Air quality maintenance;
(7) Building and Safety Standards;
(8) Protection of the Environment;
(9) Land Values. In reviewing a proposed Improvement Project, the Board will consider (a) the present value of the land and (b) the estimated value subsequent to the completion of the proposed improvements when determining the economic feasibility of the project;
(10) Compliance with applicable Federal, State and local enabling acts and regulations;
(11) Responsibility for operations and maintenance cost.
(b) With respect to Industrial and Redevelopment Projects, the determinations related to criteria numbered (9) and (10) shall be made by the Economic Development Commission and the Redevelopment Agency respectively.
(c) The review required by Subdivision (a) of this Section is in addition to such further and different review as may be required by other provisions of this Division or by other applicable law or regulation.
(d) As to all required review, the Commission shall include in its report to the Board as required by § 17.0103(e), findings and determinations regarding compliance of the project with the criteria set forth or referred to in this Section.
(Am. Ord. 1919, passed - -1974; Am. Ord. 2799, passed - -1983; Am. Ord. 3121, passed - -1987)
The following criteria also shall apply to new development improvement projects:
(a) Type of Development. Proposals for assessment district financing shall be considered for commercial, industrial and residential development.
(b) Type of Improvement. Proposal must be for construction, installation, or acquisition of the following backbone facilities, including, but not limited to: master plan of highways designated routes, street lights, water and/or sewer trunk lines, flood control facilities, and/or regional drainage facilities and any other facilities as allowed by law. Nonbackbone or arterial facilities will be considered on a case-by-case basis by the Project Review Committee.
(c) Minimum Underwriting Standards.
(1) The provisions of § 17.0105 shall apply.
(2) Property value assessment lien ratio. A minimum average three-to-one property value to total assessment ratio lien generally shall be required, as determined by County approved appraisal. Property value means value measured following completion of all project improvements financed pursuant to this Chapter.
(3) Other Security Enhancements. Upon recommendation of County staff and advisors, additional security enhancement may be required, such as:
(a) Guarantees;
(b) Letter of credit;
(c) Municipal bond insurance;
(d) Additional bond reserves.
Security enhancement must be considered when proposed average property value to total assessment lien is not considered sufficient by County staff and advisors under Subdivision 9(c)(2) above, that is when the minimum average property value to total assessment lien is less than three-to-one.
(Am. Ord. 1919, passed - -1974; Am. Ord. 3121, passed - -1987)