Part 7 — TERMINATION
San Jose Municipal Code · 2026-09 edition · updated 2026-09-29 · San Jose
15.40.610 - Termination of franchise.¶
A.
The city council shall have the right to terminate any potable water franchise granted pursuant to this chapter, if the council finds, after a public hearing, following not less than fourteen days written notice to the grantee, that:
The grantee has failed to comply with, or to do anything required of the grantee by applicable provisions of the city charter, provisions of this chapter, or provisions of the ordinance granting the franchise.
Any provision of this chapter becomes or is declared to be invalid and the council thereafter expressly finds that such provision constitutes a material consideration to the grant or continuation of such franchise.
B.
Any franchise granted pursuant to this chapter may be immediately suspended whenever the grantee:
Fails to keep in full force and effect any bonds or insurance required by the ordinance granting the franchise; or
Fails to keep in full force and effect any applicable licenses or permits required by federal, state or local law.
C.
Termination or suspension of any potable water franchise granted pursuant to this chapter shall not terminate or suspend the accrual of fees due or other obligations of grantee hereunder, so long as the facilities for which the potable water franchise remain in city streets.
(Ord. 24931.)
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