Earlier editions: 2026-09
Title 15 — PUBLIC UTILITIES›Chapter 15.40 — POTABLE WATER FRANCHISES
San Jose Municipal Code Part 2 General Provisions
San Jose Municipal Code · 2026-10 edition · updated 2026-10-04 · San Jose
Cite as: San Jose Municipal Code Part 2 · Text as of 2026-10-04
15.40.110 - Purpose.¶
A. It is necessary for public health, safety and welfare for the city to regulate the business of establishing, operating or maintaining a system for retail distribution of potable water, utilizing pipes and other appurtenances located within public streets.
B. Pursuant to the provisions of Article XIII of the city charter, the city hereby elects to have the grant of franchises governed by this chapter and these provisions constitute the exclusive procedure for the granting of potable water franchises for the conduct of the business of establishing, operating or maintaining a system of pipes in the streets for retail distribution of potable water in the city.
(Ord. 24931.)
15.40.120 - Activities which are unlawful unless authorized.¶
It is unlawful for any person to engage in the business of establishing, operating or maintaining a system of pipes in the streets for retail distribution of potable water in the city, beyond the extent of any constitutional franchise, unless that person has first been granted a potable water franchise pursuant to the provisions of this chapter and such franchise is in full force and effect.
(Ord. 24931.)
15.40.130 - Constitutional franchise exemption.¶
The exemption of such rights as exist with regard to those pipes and appurtenances subject to a franchise granted by the state of California under the provisions of Section 19 of Article XI of the Constitution of the State of California, as that section existed prior to its amendment on October 10, 1911, is to be narrowly construed.
(Ord. 24931.)
15.40.140 - Potable water franchise.¶
The council may, at its discretion, grant a nonexclusive franchise to engage in the business of establishing, operating or maintaining a system for retail distribution of potable water in the city, beyond the extent of any constitutional franchise, by ordinance, to any person, whether that person is operating under an existing constitutional franchise or not.
(Ord. 24931.)
15.40.150 - Franchise - Terms and conditions.¶
A. All franchises granted to persons pursuant to this chapter shall be nonexclusive.
B. No provision of this chapter shall be deemed to require restricting the number of franchises to one or any particular number, and no provision of this chapter shall be deemed to require the city council to grant any franchise if the council determines that the grant of any such franchise is not for the public good.
C. All potable water franchises shall be subject to the terms and conditions specified in the city charter, in this chapter, as well as any terms or conditions specified in the ordinance granting the franchise.
D. In granting any potable water franchise, the city council may prescribe such other terms and conditions, not in conflict with the city charter or this chapter, as are determined by the city council to be in the public interest.
(Ord. 24931.)
Get a plain-English answer with a citation back to this text.
Ask AI about this code