San Jose Municipal Code Part 8 Renewal

A. Any application for a potable water franchise renewal shall be submitted, in writing, to the director at least three months before the franchise expires.

B. Each application for the renewal of a potable water franchise shall be on a form provided by the director and shall contain such information as may be reasonably requested by the director.

C. The application shall be signed by the person applying for the potable water franchise or, in the case of a partnership or corporation, by a person authorized to bind the partnership or corporation.

D. The application shall be accompanied by the potable water franchise renewal fee as set forth in the schedule of fees established by resolution of the city council.

(Ord. 24931.)

A. Upon receiving an application for the renewal of a potable water franchise under the provisions of this part, the director shall forward a copy to the city clerk.

B. Upon receipt of the copy of the application, the city clerk, subject to the rules of the city council as to the hour and place of public hearings which shall be conducted by it, shall set a date for a public hearing by the city council on the application for renewal of the potable water franchise.

C. The city clerk shall cause the nature of the application and of the time and place of hearing on the application to be published at least once in a newspaper of general circulation in the city at least five days prior to the date set for the hearing.

D. At the hearing on the application for the renewal of a potable water franchise, the city council shall give all persons desiring to be heard a reasonable opportunity to present evidence or otherwise be heard in favor of or in opposition to the renewal of the franchise to the applicant.

E. At such hearing, the council may demand from the applicant such additional information as the council may deem relevant and necessary.

(Ord. 24931.)

A. Upon conclusion of the hearing on the application for the renewal of a potable water franchise, or within a reasonable time thereafter, the council shall render its decision on the application.

B. The council may refuse to grant the requested franchise only if the council finds that the renewal is inimical to the public good.

C. Any renewal of a potable water franchise by the council may be subject to such terms, conditions, rules, regulations, restrictions and limitations as the council deems advisable to protect the citizens, including but not limited to adjustment of the franchise fee, to preserve the rights and interests of the city in its streets and public places, or to protect the interests of the city and its people.

D. The potable water franchise renewed pursuant to this part shall be deemed to have been accepted, subject to the terms and conditions set forth in the ordinance renewing the franchise, on the effective date of the ordinance, by the continued transmission or distribution of water through pipes and appurtenances subject to the prior franchise.

(Ord. 24931.)