Ordinance 63ORDINANCE N0. 63
AN ORDINANCE GRANTING TO SAN JOSE WATER WORKS, A CORPORATION, ITS
SUCCESSORS AND ASSIGNS, A FRANCHISE TO LAY, CONSTRUCT, MAINTAIN,
REPAIR AND OPERATE A SYSTEM OF WATER PIPELINES AND OTHII-i. APPARATUS
IN, OVER, ALONG, ACROSS, UNDER, THROUGH AND UPON THE PUBLIC STREETS,
ROADS, A LLEYS AND HIGHWAYS OF THE CITY OF CUPERTINO, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, FOR THE TRANSPORTATION AND
DISTRIBUTION 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, San Jose Water Works, a corporation, duly organized
and existing under and by virtue of the law of the State of
California, and el.uly qualified and authorized to transact a public
utility business within the Stag, on the 4th day of August, 1958,
filed with this Council, the Council of the City of Cupertino,
County of Santa Clara, State of California, a written application
for the franchise hereinafter set forth, and
WHEREAS, said application w,~.s made under and in conformity with
the laws of the State of Califoria pertaining to the granting of
franchises by City authorities, ~3tatutes 1905, page 777, as amended,
and under the provisions of Chapter 1, Division 3 of Public
Utilities Code of the State of C;~,lifornia; and
WHEREAS, this Council, in t:ze exercise of its discretion, did,
by resolution duly and regularly adopted at a regular meeting thereof
held on the 4th day of August, 1~~58, 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
franchise, all such bids to be delivered to the Clerk of this Council,
viz., the City Clerk of said Cit;,r of Cupertino, at his office in
the City Office in said City of C~~.pertino, up to the 15th day of
Septemberm 1958, at the hour of 3 o~clock p.m., and that thereupon
at said time and at the regular meeting room of this Council in said
City Office, said bids would be ~~pened and said franchise struck
off, sold and awarded by this Council to the person, firm or cor-
poration making the highest cash bid therefor; and
WHEREAS, this Council by thy: aforesaid resolution fixed One
Thousand Dollars ($1,000.00) as ~~he penal sum of the bond to be
filed by the successful bidder for said franchise within five (5)
days after the awarding of said :'ranchise to said successful bidder;
and
WHEREAS, this Council did, ley 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, o r ~~s often during said period as said
paper is published, notice that raid application has been filed
and that the Council proposed to grant said franchise to the highest
bidder, all as required by ChaptE:r 1, Division 3, of the Public
Utilities Code of the State of C~~lifornia; and
WHEREAS, this Council finds that said notice has been duly
published in said San Jose Mercu~:~y in the manner and for the period
required by law, and that said publication was co mpleted not less
than twenty (20) no more than thirty (30) days before any further
action on said franchise was takE:n by this Council; and
WHEREAS, at the time and pl~~ce aforesaid, said sealed bids
were opened, and said franchise was struck off, sold and awarded,
by this Council to San Jose Water Works, a California corporation,
the person, firm or corporation vaho made the highest cash bid
therefor in the manner provided ~k>y said Chapter 1, Division 3, of
said Public Utilities Code; and
WHEREAS, said San Jose Water Works, a California corporation,
in the manner and within the 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 San Jose Water Works, a California corporation,
within five (5) days after said franchise was so awarded, to wit,
on the 19th day of September, 1958, filed with this Council a bond
conditioned according to law, running to said City of Cupertino, in
the penal sum of One Thousand Dollars (1,000.00), being the amount
heretofore fixed by this Council as the penal sum of said bond,
which said bond was a good and sufficient bond and was in all
respects as required by law, and was 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.
San Jose Water Works, a California corporation, and its successor
and assigns, are hereby granted the right, privilege and franchise,
to lay, construct, maintain, repair and ope rate a system. of water
pipelines and other apparatus for the transportation and distribution
of water for sale and distribution for domestic, agricultural,
industrial, .commercial and other lawful uses and purposes 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, all as more particularly delineated on the map
attached hereto as Exhibit A and by this reference made a part
hereof and limited to the area within the said City of Cupertino
presently being served by said San Jose Water Works and to which it
has heretofore dedicated its service, which said area is more
particularly described by the legal description attached hereto as
Exhibit B, and by this reference made a part hereof.
Section 2.
All pipes and necessary appliances and fixtures used in connection
with said system shall be laid, constructed, maintained and removed
in conformity with law. Whenever it is proposed by the grantee of
this franchise to open the public highways, streets, and alleys of
the said City 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 time 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
reasonable regulations may be imposed by the said City Engineer and
Street Superintendent to protect the public of the said City of
Cupertino. Where emergency operations are indicated by circumstances
beyond the control of this grantee, notice need not be delivered
to the said City Engineer and Street Superintendent prior to
remedial action being taken.
Section 3.
Said grantee, and its successors and assigns, shall at all times
keep said water pipeline system and all accessory appliances and
fixtures used in connection with said system in good order and con-
dition, provided that if damage should result to the ground and road
surfaces thereover, the grantee shall repair the same immediately.
Section 4.
Said franchise shall commence on the effective dale 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 the Public Utilities Commission of the State of
California, or until 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 or public corporation pursuant to voluntary
agreement or 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 grantee, its successors and assigns, must, during the life
of said franchise, pay annually to said City of Cupertino, two per
cent (2w) of the gross annual receipts arising from the use,
operation or possession of said .franchise. In the event that such
payment is not made, said franchise shall be forfeited.
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 pass<~.ge, this ordinance shall be published
once, with the names of the mem'o~~rs of this Council voting for and
against this ordinance, in the C-~pertino Courier, a newspaper of
general circulation published in said City of Cupertino.
PASSED AND ADOPTED by the C~~uncil of the City of Cupertino, County
of Santa Clara, State of Califorizia, as an ordinance of said County
at a refular meeting of said CouiZCil held this 6th day of October,
1958, by the following vote:
AYES: Councilmen Lazaneo, Nathanson, Pelosi, Saich
NOES: Councilmen (None)
ABSENT: Councilman Meyerholz
Approved and attested this 17th c~.ay of October, 1958.
Chairman of the City Council
A TTES
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City Clerk
I, LAWRENCE K. MARTIN, City Cler~~ 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. 63
on file in my office and that thE; same has been published pursuant
to law.
IN W~'NESS WHER~pF I hive hereun'~~p set my hand and City Seal this
~ .,LQ day of U~-~'~'.``v2, , ~9 lo'w'
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City Clerk