CC Resolution No. 9950RESOLUTION NO. 9950
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE MAYOR TO EXECUTE LEASE OF THE CITY'S WATER SYSTEM
IN ACCORDANCE WITH PUBLIC UTILITIES CODE § 10061(d)
WHEREAS, the City Council of the City of Cupertino has determined to consider
proposals for the lease of the City owned and operated water system which serves a portion of
the City of Cupertino and certain unincorporated areas; and
WHEREAS, the City Council has adopted Resolution No. 9884 at its regular meeting of
June 16, 1997, establishing the rules for acceptance of proposals for the lease of the City's water
system and specifying the manner of soliciting and filing, and the method of evaluating,
proposals for the lease of the City's water system; and
WHEREAS, on July 21, 1997, the City Council at its regular meeting determined that the
proposals submitted by San Jose Water Company and California Water Service Company were
responsive; and
WHEREAS, a public hearing before the City Council is now set for date, place, and time
described below and, and notice of this hearing has been published in accordance with Section
6066 of the California Government Code; and
WHEREAS, pursuant to City Council direction, notice of this public hearing was mailed
by first class mail to all customers of the City's water system at least 30 days prior to this public
hearing; and
WHEREAS, the City Council has carefully examined the proposals received and staff
recommendations, and has heard evidence and testimony by the public;
NOW, THEREFORE BE IT RESOLVED:
The City Council determined that the City will lease to San Jose Water Company, for just
compensation in the cash amount of $6.8 million, payable on or before October 1, 1997,
plus other valuable consideration, the City's water system under the terms and conditions
described in Resolution No. 9884.
2)
Said lease is entered with San Jose Water Company on condition that during the term of
the lease water rates and charges to customers of the system be as determined in Section 8
of the attached lease (including Phase-in Rate and Structure).
3) The Mayor of the City of Cupertino is authorized to execute this lease on behalf of the
City of Cupertino. Said lease, together with the above described payment, shall be
executed by San Jose Water Company on or before October 1, 1997.
4) In authorizing the execution of this lease, the City Council finds that San Jose Water
Company is the best qualified to continue to provide equal or better service to the
customers of the system.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of September, 1997, by the following vote:
Vote
Members of the City Council
AYES: Burnett, Chang, Bautista
NOES: Dean, Sorensen
ABSENT: None
ABSTAIN: None
ATTEST:
city Clerk
A/~O~VED: