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Home My WebLink About17: This is t.o certify that the within is a true and · \ correct copy of OrdXn:mce No. /y of the ~ City of S:~ratoga passed and adopted on the ~ ~ day of ~ //~ 19 ~ , and the s~me h~8 been posted pursuant to law. D~ted this ~- day o.f ~~ ~9 ~. ~ity of S~ratoga Clerk ORDINANCE NO. ~? AN ORDINANCE GRANTING TO SAN JOSE WATER WORKS~ A CORPORATION~ ITS SUCCESSOR AND ASSIGNS, A FP~NCHISE TO LAY~ CONS~TRUCT, MAINTAIN REPAIR AND OPERATE A SYSTE~ OF WATER PIPELINES AND OTHER APPARATUS IN, O~ZER~ ALONG~ ACROSS, UNDER, THROUGH AND UPON THE PUBLIC STREETS ~ ROADS, ALLEYS AND HIGHWAYS OF THE CITY OF SAP~TOGA, COUNTY OF SANTA CLAPJt, STATE OF CALIFOPdqIA~ FOR THE TRANSPORTATI0~ AND DISTRIBUTION OF WATER FOR SALE AND DISTRIBUTION FOR DOMESTIC~ AGRICULTURAL~ INDUSTRIAL, CO~viERCIAL AND OTHER LAWFUL USES AND PURPOSES The Council of the City ofiSaratoga, County of Santa Clara~ State o'f California~ do ordain as follows: '~EREAS, SAN JOSE WATER WORKS~ a corpdration, duly organi- zed and existing under and by virtue of the laws of the State ~ California, and duly qualified and authorized t~ transact a pub- lic utility business within sai~ State~ on the 3rd day of APRIL, 19~7, filed with this Council, ~he Council of the City of Saratoga, County of Santa Clara~ State of California, a written application for the franchise hereinafter set forth; and V~EREAS, said application ~as made under and in conformity with the laws of the State of California p~r~aining to the grant- ing of franchises by City authorities, Statutes 1905~ page 777~ as amended, and under the provisions of Chapter 1, Division 3, of the Public Utilities Code ofi the State of California; and '~EREAS, this Council, in ;the exercise of its discretion, did~ by re~olution duly and regularly adopted at a regular meet- ing thereof held on the 3rd day of APRIL, 19~, propose to grant such francise upon the terms~ conditions and restrictions imposed and required by law, and resolved that it would receive sealed bids for such franchise~ all such bids to be delivered to the Clerk of this Council~ ~iz.~ the City Clerk of said City of Saratoga~ at his office at 204~4 Saratoga-Los Gatos Road in said City of Saratoga~ upt to the l~th day of ~Y~ 19~?, at the hour of ~:00 o'clock P.M.~ and that thereafter at 7:30 o'ctock P.M. of said day and at the regular meeting room of this Counc~ at Fireman's Hall~ Oak Street~Sa~a~oga~ said bids would be opened and said franchise struck off~ sold and awarded by this Council to the person~ firm or corporation making the highest cash bid therefor~ and WHEREAS~ this Council by the aforesaid resolution fixed One Thousand Dollars ($1000.00) as the penal sum of the bondto be filed by the successful bidder for said fraffchise within five (~) days after the awarding of said franchise to said successf~ bidder; and V~EREAS~ this Council did~ by the aforesaid resolution~ order and direct that there be published in the SAP~TOGA N~YS a weekly newspaper of general circulation published in said City of Saratoga~ once a week for feur successive weeks~ co~nening on the llth day of APRIL~ 19~ notice that said application had been filed and that the Council proposed to grant said franchise to the highest bidder~ all as required by Chapter 1~ Division 3~ of the Public Utilities Code o~ the State of California; and ~ERE~S~ this Council finds that said notice has been duly published in said SARATOGA N~S in the manner and for the period required by law~ and that sai~ publication was completed not less than twenty (20) nor more than thirty (30) days before any further action on said franchise was taken by this Council~ and ~J~EREAS~ at the time and fplace aforesaid~ said sealed bids were opened~ and said franchise was struck off~ sold and awarded~ by this Council to SAN JOSE WATER VjORKS~ a California corporation~ the person~ firm or corporation who made the highest cash bid -2- therefor in the manner provided by said Chapter 1~ Division 3~ .. of said Public Utilities Code; and V~EREAS~ said SAN JOSE ~ATER WORKS~ a California corpora- tion~ in the manner and within the time provided by said Chap- ter 1~ Division 37 of said Public Utilities Code~ has deposited and paid the full amount of its~id bid; and ~NHEREAS~ said SAN JOSE WATER VJOP~S~ a California corpora- tion~ ~thin five (~) days after said franchise was so awarded~ to-wit~ on the 5th day of ~une ~ 19~7~ filed with this Council a bond~ conditione~ according to law~ running to said City of Saratoga~ in the penal sum of One Thousand Dollars ($1000.00)~ being the amount heretofore fixed by this Council as the penal sum of said bond~ which said bond was a good and sufficient bond and was in all'respects as required by law and was thereupon and.heretofore an~ is hereby approvedby this Council; NOW~ THEREFORE~ THE COD~CI~ OF THE CITY OF SARATOGA~ COUNTY OF SANTA CLARA~ STATE 0Fi CALIF0~IAs DO ORDAIN AS FOLLOWS: SECTION 1: SAN JOSE WATER WdRKS~ a California corporation~ and its successors and assigns~ are hereby granted the right~ privilege a~d franchise~ to lay~ construct~ maintain~ repair and operate a system of water pipelines and other apparatus in~ over~ along~ across~ under~ through and upon the public streets~ raods~ alleys and highways of the City of Saratoga~ County of Santa Clara~ State of California~ in- cluding the operation~ maintenance~ repair and use of the water pipelines and other apparatus of said SAN JOSE WATER WORKS presently existing in~ over~ a!ong~ across~ under and through the same~ for the transportation and distribution of water for -. sale and distribution for domeStiC~ agricultural~ industrial~ commercial and other lawful uses and purposes. SECTION 2: All pipes and ne!cessary appliances and fixtures used in connecti:on with said system shall be laid~ constructads maintained 'and removed in conformity with law. V~enever it is proposed by the grantee of this franchise to open the public hi g~nways~ streets and alleys of the said City of Saratoga~ the saidgrantee~hall serve notice upon the City Engineer and Street Superintendent of the said City of Saratoga~ a reasonable length of time prior to commencing the said opera- tion. Nothing herein shall be construed to mean that the said grantee need secure approval of any such operation~ provided that reasonable regulations my!be i~posed by ~he said City Engineer and Street Superintendent to protect the public of the said City of Saratoga. Where~emergency operations are indica- ted by circumstances beyong theicontrol of this grantee~ notice need not be delivered to the said City Engineer and Street Superintendent prior to remedial action being taken. SECTION .~: Said grantee~ andsits successors and assigns~ shall at all times keep said water pipeline system and all accessory appliances and fixtures used in connection with said system in good order and ~ondition~ provided that if damage should result to the ground and road surfaces thereover~ the grantee shall repair the same immediately. SECTION 4: Said francise sha~l commence on the effective date hereof and shall Continue and endure in full force and effect until voluntarily surrendered or abandoned by said grantee~ its successors or assi~ns~ with the consent of th~ 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 of Saratoga 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 domains.or until said franchise ~sh~li be forfeited for non-compliance with its terms by said grantee. ~ SECTION y: Said grantee~ its~successors and assigns~ must~ during the life oh said francise~ pay to said City of Saratog~ two percent (2~) of the gross annual receipts arising from th~ use~ operation~or possession of said franchise~ payable annually on the anniversary of the effective date of this Ordinance with respect to the gross annual receiptsr for the preceding calendar year. In the event that such payment is not made~ said franchise shall be forfeited~ SECTION 6: This ordinance sh~ll take effect and be in force from and after thirty (30) days from its passage~ and~ before the expiration of fifteen (1~) days after its passage~ this OrdinanCe shall be posted in three public places in said City of Saratoga. This Ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted this JUNE ~th day of ~ 19~?~ by the following.vote: AYES: Brazil, La~ill, Jepse~, W~lllams ATTES ~ ~I ~ I~ ~ .... n~IAYOR' ~ ,, ~,~"~"' -4- ".Deputy City Clerk ' ' Ba~ ~