Ordinance 62ORDINANCE N0. 62
AN ORDINANCE GRANTING TO CALIFORNIA WATER SERVICE, A CORPORATION,
ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO LAY, CONSTRUCT, MAINTAIN,
REPAIR AND OPERATE A SYSTEM OF WATER PIPELINES AND OTHER A PPARATUS
IN, OVER, ALONG, ACROSS, UNDER, THROUGH AND UPON THE PUBLIC STREETS,
ROADS, ALLEYS AND HIGHWAYS OF THE CITY OF CUPERTINO, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, FOR THE TRANSPORTATION AND DIS-
TRIBUTION OF WATER FOR SALE AND DISTRIBUTION FOR DOMESTIC,
AGRICULTURAL, INDUSTRIAL, COMMERCIAL AND OTHER LAWFUL USES AND
PURPOSES.
The Council of the City of Cupertino, County of Santa Clara,
State of California, do ordain as follows:
WHEREAS, California Water Service, a corporation, duly organized
and existing under and by virtue of the law of the State of
California, and duly qualified and authorized to transact a public
utility business within said State, on the 12th day of December,
1958, filed with this Council, the Council of the City of Cupertino,
County of Santa Clara, State of California, a written application
for the granchise hereinafter set forth, and
WHEREAS, said application was made under and in conformity
with the laws of the State of California pertaining to the granting
of franchises by City authorities, Statutes 1905, page 777, as
amended, and under the provisions of Chapter 1, Division 3 of the
Public Utilities Code of the State of California; and
WHEREAS, this Council, in the exercise of its discretion did,
by resolution duly and regularly adopted at a regular meeting thereof
held on the nth day of August, 1958, propose to grant such franchise
upon the terms, conditions and restrictions imposed and required by
law, and resolved that it would receive sealed bids for such fran-
chise, all such bids to be delivered to the Clerk of this Council,
viz., the City Clerk of said City of Cupertino, at his office in
the City Office in said City of Cupertino, up to the 15th day of
September, 1958, at the hour of 8 o~clock P,M., and that thereupon
at said time and at the regular meeting room of the Council in said
City Office, said bids would be opened and said franchise struck off,
sold and awarded by this Council to the person, firm or corporation
making the highest cash bid therefor; and
WHEREAS, this Council by the aforesaid resolution fixed One
Thousand Dollars ($1,000,00) as the penal sum of the bond to be
filed by the successful bidder for the said franchise within five
(5) days after the awarding of said franchise to said successful
bidder; and
WHEREAS, this Council did, by the aforesaid resolution; order
and direct that there be published in the San Jose Mercury, a daily
newspaper of general circulation of, and published in, said City of
Cupertino, once a day for ten (10) successive days, commencing on the
8th day of August, 1958, or as often during said period as said
paper is published, notice that said application has been filed and
that the Council proposed to grant said franchise to the highest
bidder, all as required by Chapter 1, Division 3, of the Public
Utilities Code of the State of California; and
WHEREAS, this Council finds that said notice has been duly
published in said San Jose Mercury in the manner and for the period
required b law, and that said publication was completed not less than
twenty (20~ nor-more than thirty (30) days before any further
action on said franchise was taken by this Council; and
WHEREAS, at the time and place aforesaid, said sealed bids
were opened, and said franchise was struck off, sold and awarded,
by this Council to California Water Service, a California corpora-
tion, the person, firm or corporation who made the highest cash bid
therefor in the manner provided by said Chapter 1, Division 3, of said
Public Utilities Code; and
WI-:EREAS, said California Water Service, a California corpora-
tion in the manner and within th~ time provided by said Chapter 1,
Division 3, of said Public Utilities Code, has deposited and paid
the full amount of its said bid; and
WHEREAS, said California Water Service, a California corporation
within five (5) days after said franchise was so awarded, to wit,
on the 19th day of September, 198, filed with this Council a bond,
conditioned according to law, ru::Zn.ing to said City of Cupertino,
in the penal sum of One Thousand Dollars (1,000.00), being the
amount theretofore fixed by this Council as the pen a1 sum of said
bond, which said bond was a good and sufficient bond and was in all
respects as required by law and ~aas thereupon and heretofore and
is hereby approved by this Council,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF CUPERTINO, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, DO ORDAIN AS FOLLOWS:
Section 1. California Water Service, a California corporation
and its successors and assigns, <~.re hereby granted the right,
privilege and franchise, to lay, construct, maintain, repair and
operate a system of water pipeli~zes and other apparatus for the
transportation and distribution ~~f water for sale and distribution
for domestic, agricultural, indu;~trial, commercial and other lawful
uses and purposes in, over, along;, across, under, through and upon
the public streets, roads, a11ey;~ and highways of the City of
Cupertino, County of Santa Clara; State of California, all as more
particularly delineated on the m~~.p attached hereto as Exhibit A and
by this refereece made a part hereof and limited to the area within
the said City of Cupertino prese7ztly being served by said California
Water Service and to which it ha;~ heretofore dedicated its service,
which said area is more particul~xrly described by the legal
description attached hereto as E;chibit B, and by this reference made
a part hereof.
Section 2.. All pipes and nE~cessary appliances and fixtures
used in connection with said sysi;em shall be laid, constructed,
maintained and removed in conformity with law. Whenever it is pro-
posed by the grantee of this franchise to open the public highways,
streets and alleys of the said C:Lty of Cupertino, the said grantee
shall serve notice upon the City Engineer and Street Superintendent
of the said City of Cupertino, a reasonable length of tires prior
to commencing the said operation., Nothing herein shall be construed
to mean that the said grantee need secure approval of any such
operation, provided that reasona~~le regulations may be imposed by
the said City Engineer and Streei; Superintendent to protect the
public of the said City of Cuperiino. Where emergency operations
are indicated by circumstances bE~yond the control of this grantee,
notice need not be delivered to i;he said City Engineer and Street
Superintendent prior to remedial action being taken.
Section 3. Said grantee, axed its successors and assigns, shall
at all times keep said water pipE~line system and all accessory
appliances and fixtures used in connection with said system in good
order and condition, provided th~~.t if damage should result to the
ground and road surface thereovei~, the grantee sha 11 repair the
same immediately.
Section ~-. Said franchise :>hall commence on the effective date
hereof and shall continue and endure in full force and effect until
voluntarily surrendered or abandoned by said grantee, its successors
or assigns, with the consent of t;he Public Utilities Commission of
the State of California, or unti7_ all property used and useful in the
exercise of said franchise and situated within the territorial limits
of the City of Cupertino shall bE~ transferred to the State of
California, or some municipal cox~poration pursuant to voluntary agree-
ment of the exercise of the power of eminent domain, or until said
franchise shall be forfeited for noncompliance with its terms by said
grantee.
Section 5. Said g
during the li e of said
Cupertino, two per cent
from the use, operation
event that such payment
feited.
rantee, its successors and assigns, must,
franchise, pay annually to said City of
(2/) of the gross annual receipts arising
or possession of said franchise. In the
is not made, said franchise shall be for-
Section 6. This ordinance shall take effect and be in force
from and after thirty (30) days from its passage, and, before the
expiration of fifteen 15 days after its passage, this ordinance
shall be published once, with the names of the members of this
Council voting for and against this ordinance, in the Cupertino
Courier, a newspaper of general circulation published in said City
of Cupertino.
PASSED AND ADOPTED by the Council of the City of Cupertino,
County of Santa Clara, State of California, as an ordinance of
said County at a re ular meeting of said Council held this 6th
day of October, 195, by the following vote:
AYES, and in favor of the passage of said ordinance:
Councilmen: Lazaneo, Nathanson, Pelosi, Saich
NOES, and against the passage of said ordinance:
Councilmen: None
ABSENT:
Councilmen:
NOT VOTING:
Councilmen:
Meyerholz
None
Approved and attested this 17th day of October, A.D. 1958•
airman o he ounci o he
Qty of Cupertino, County of
Santa Clara, State of California
_~TTEST: / ,
J city ~lerx ana
ex officio Clerk of said Council
By
Deputy Clerk
I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex
officio clerk of the legislative body of said City do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 62
on file in my office and that the same has been pubkished pursuant
to law.
II~WITNESS WHE OF I ha e hereunt set my hand and City Seal this
4kr day of P~~-~-t~-~ri ~ , 19 ~ ~y
City Clerk