Part 2 — SERVICE AREAS

The service areas of the municipal water system consist of those areas described in Sections 15.08.260 through 15.08.280.

(Prior code § 1607(part).)

The Alviso water service area consists of all that territory situate within the boundaries of the former City of Alviso as said boundaries existed immediately prior to the consolidation of said City of Alviso with the City of San José, but only so long as said territory remains part of the City of San José.

(Prior code § 7601(3).)

The Edenvale water service area consists of all that territory situated within the boundaries of the city, as said boundaries now exist or may be changed, which lies within the boundaries of that area designated "Edenvale Water Service Area" shown on that certain map entitled, "San José Municipal Water System- Edenvale Water Service Area-Coyote Water Service Area," on file in the office of the city clerk.

(Ord. 22278.)

The Evergreen water service area consists of all that territory situate within the boundaries of the city, as said boundaries now exist or may be changed, which lies within the boundaries of that area designated "Evergreen Water Service Area" shown on that certain map entitled "San José Municipal Water System- Evergreen Water Service Area," on file in the office of the city clerk, and all that territory situate within the service area of the Evergreen Water Co., Inc., a California corporation, at the time of acquisition thereof by the city.

(Prior code § 7601(1).)

The Coyote water service area consists of all that territory situated within the boundaries of the city, as said boundaries now exist or may be changed, which lies within the boundaries of that [area] designated

"Coyote Water Service Area" shown on that certain map entitled, "San José Municipal Water System- Edenvale Water Service Area-Coyote Water Service Area," on file in the office of the city clerk.

(Ord. 22278.)

The North San José water service area consists of all that territory situate within the boundaries of the city, County of Santa Clara, as said boundaries exist now or may be changed, which lies within the hereinafter described area:

Generally the area north of Brokaw Road, between Guadalupe River and Coyote Creek, to the northerly boundary of Santa Clara County, more particularly described as follows:

Beginning at a point where the Guadalupe River crosses the Bayshore Freeway (101), said point being the point of beginning of this description; thence continuing generally northerly along said centerline of the Guadalupe River to a point southerly of the Mountain View-Alviso Road, where the City of San José city limit line intersects the Guadalupe River; thence along the City of San José city limit line generally north and northwest to a point in the centerline of Coyote Creek which is a common point in the boundaries of the City of San José, City of Sunnyvale, County of Santa Clara, and County of Alameda; thence generally easterly along the centerline of Coyote Creek being also the common boundary between the County of Santa Clara and the County of Alameda to a point which is a common point in the boundaries of the County of Santa Clara, County of Alameda, the City of Fremont, and the City of Milpitas; thence generally southerly along the centerline of Coyote Creek to a point in the centerline of Nimitz Freeway; thence along the centerline of Nimitz Freeway to the centerline of Brokaw Road; thence generally west along centerline of Brokaw Road westerly to the true point of beginning, excepting therefrom all that territory located within the boundaries of the former City of Alviso as said boundaries existed immediately prior to the consolidation of said City of Alviso with the City of San José.

(Prior code § 7601(2).)

The city council may from time to time enlarge or reduce the size of said water service areas by amendment of the provisions set forth in this Part 2.

(Prior code § 7601.1.)

A.

Notwithstanding any other provisions of Chapter 15.08 to the contrary, the provisions of this section shall apply to and control applications to connect property located outside the boundaries of the service area of the San José municipal water system.

B.

Application to connect property located outside the boundaries of the service area of the San José municipal water system, and outside the boundaries of the city, may be granted only if all of the following conditions exist:

There is a failure of an existing water supply to the property and there is no other source of water supply available to the property; and

The applicant is the owner of the property to be served or a duly organized mutual water company that is a state small water system, as defined in the California Water Code; and

The applicant will own and be responsible for all costs of construction, operation and maintenance of facilities located outside the service area of the San José municipal water system.

If the property to be served is located adjacent to or coterminous to the boundaries of the city, the applicant has filed an application for annexation of the property to be served into the City of San José, and the applicant has waived any and all rights to a San José municipal water system water connection in the event annexation of applicant's property does not take place.

Water served by the municipal water system will only be used to serve uses existing on the property at the time of commencement of the service.

C.

Application to connect property located outside the boundaries of the service area of the San José municipal water system, and within the boundaries of the city, may be granted only if all of the following conditions exist:

There is a failure of an existing water supply to the property or there is no other source of water supply available to the property; and

The applicant is the owner of the property to be served or a duly organized mutual water company that is a state small water system, as defined in the California Water Code; and

The applicant will own and be responsible for all costs of construction, operation and maintenance of facilities located outside the service area of the San José municipal water system.

D.

The granting of a water connection to property located outside the service area of the San José municipal water system is hereby declared to be a mere privilege revocable at the pleasure of the council, and this privilege may be granted or withheld in the absolute discretion of the city council.

E.

Nothing contained herein shall be construed as limiting the discretionary power of the city. The council, in the exercise of its discretion, specifically reserves the right to require the fulfillment of conditions in addition to those specified herein. The council expressly reserves the right to withhold permission in any case where in its opinion the best interests of the people of the city will be served thereby.

(Prior code § 7601.2; Ords. 18670, 25962.)