Cupertino Municipal Code Ch. 6.16 Water--California Water Service

California Water Service, a California corporation, and its successors and assigns, are granted the right, privilege and franchise, to lay, construct, maintain, repair and operate 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, 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 City presently being served by the California Water Service and to which it has heretofore dedicated its service, which area is more particularly described by the legal description attached hereto as Exhibit B, and by this reference made a part hereof.

(Ord. 62, § 1, 1958)

All pipes and necessary appliances and fixtures used in connection with the 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 City, the grantee shall serve notice upon the City Engineer and Street Superintendent, a reasonable length of time prior to commencing the operation. Nothing herein shall be construed to mean that the grantee need secure approval of any such operation; provided that reasonable regulations may be imposed by the City Engineer and Street Superintendent to protect the public of the City. Where emergency operations are indicated by circumstances beyond the control of this grantee, notice need not be delivered to the City Engineer and Street Superintendent prior to remedial action being taken.

(Ord. 62, § 2, 1958)

The grantee, and its successors and assigns, shall at all times keep the water pipeline system and all accessory appliances and fixtures used in connection with the system in good order and condition; provided that if damage should result to the ground and road surfaces thereover, the grantee shall repair the same immediately.

(Ord. 62, § 3, 1958)

The franchise shall commence on the effective date hereof and shall continue and endure in full force and effect until voluntarily surrendered or abandoned by the 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 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 the franchise shall be forfeited for noncompliance with its terms by the grantee.

(Ord. 62, § 4, 1958)

The grantee, its successors and assigns, must, during the life of the franchise, pay annually to the City, two percent of the gross annual receipts arising from the use, operation or possession of the franchise. In the event that such payment is not made, the franchise shall be forfeited.

(Ord. 62, § 5, 1958)