CC Resolution No. 3272
' RESOLUTION N0. 3272
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CLARIFYING
AND AMENDING RESOLUTION N0. 1545, WHICH ESTABLISHED A POLICY IN THE
MATTER OF FURNISHING CITY WATER AND STORM DRAINAGE SERVICE TO LANDS
SITUATED IN AND OUTSIDE THE CITY
WHEREAS, the City Council of the City of Cupertino heretofore adopted
its Resolution No. 1545, establishing a policy in the matter of furnishing
City water and storm drainage service to lands in (outside) the City; and
WHEREAS, the City recognizes that the Water Works of Monta Vista, Ltd.,
which the City previously purchased, and the service area of which encompasses
unincorporated territory, is impressed with a trust, by which the City is ob-
ligated to continue to furnish water, and to allow new connections, to those
beneficially interested in said water system, sub3ect to the right of the City
to impose reasonable conditions; and
WHEREAS, the original water lines of said water system were largely obso-
lete at the time of their acquisition, and the fire fighting capabilities of
parts of said water system is substantially limited; and
WHEREAS, the City has expended its funds, given financial support, and
provided engineering and administrative services, for the benefit of, and to
make improvements to, said water system, in amounts substantially greater than
the City's monetary return therefrom; and
WHEREAS, the City would reasonably be entitled to impose higher service
charges, and to impose connection fees, to the users of said water system, in
order to make said water system self-sustaining, which action on the part of
the City would impose a heavy burden upon said users; and
WHEREAS, good planning, in all of its land use, architectural and environ-
mental aspects, requires that the City control, to the fullest extent possible,
new developments in the unincorporated areas which are within the sphere of
influence of the City, as prescribed by LAFCO, and which may reasonably be ex-
pected ultimately to annex to the City; and
WHEREAS, while it is the policy of LAFCO, as well as of the City, that
annexations not be forced, it is also the policy of LAFCO that those persons in
unincorporated areas in need of City services should obtain them through annex-
ation to the City in whose sphere of influence their property is situated, and
which is in position to provide such services; and
WHEKEAS, occasionally unincorporated land within the sphere of influence
of the City, may, from time to time, be in need of water, even though develop-
ment of such land is not imminent;
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NOW, THEREFORE, BE IT RESOLVED:
1. That the City will continue, upon the same terms and conditions
as it provides water service to its inhabitants, to provide water
service to lands outside the City, which presently are served by
said water system; and that it will continue, upon the same terms
and conditions as it provides water service connections to its in-
habitants, to allow new connections to said water system to proper-
ties immediately contiguous thereto, but only on nondition that the
land in question be annexed to the City, which condition the City
finds to be reasonable both to the property owner and to the City.
2. That the City Council may, upon application of the property owner,
temporarily waive the requirements of Resolution No. 1545 relating
to annexation and double rates, of unincorporated areas within the
sphere of influence of the City, where development is not imminent,
which waiver shall automatically lapse upon the development of such
properties.
3. That Resolution No. 1545 shall, to the extent not inconsistent with
the foregoing, remain in full force and effect.
4. That the City Clerk is hereby instructed to file a certified copy
of this Resolution with the Board of Supervisors of the County of
Santa Clara.
5. That the City Clerk is hereby instructed to cause a certified copy
of this Resolution to be published in the Cupertino Courier, the of-
ficial newspaper of the City.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of ,7une , 1972, by the following vote:
AYES: Councilmen - Trwin, Jackson, Meyers, Sparks, Frolich
NOES: Councilmen - None
ABSENT: Councilmen - None
APPROVED:
ATTEST:
/s~ nonalA A_ Frnli~h
Mayor, City of Cupertino
f S~ Wm F R>>r1 er
City Clerk _ 2 _