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277 ORDINANCE NO. 2014-277 AN ORDINANCE OF THE CITY OF GRAND TERRACE AMENDING VARIOUS SECTIONS OF THE GRAND TERRACE MUNICIPAL CODE MODIFYING AND REDEFINING RESPONSIBILITIES RELATED TO SEWER LATERALS WHEREAS, the City of Grand Terrace (the "City") operates a municipal sewer system, and transmits the wastewater from properties located within the City to the City of Colton ("Colton") for treatment and disposal; and WHEREAS, under an agreement between the City and Colton, Colton will be operating and maintaining the City's sewer system as part of Colton's sewer system; and WHEREAS, Chapter 13.04 of the Grand Terrace Municipal Code provides regulations for users of the City's wastewater collection system; and WHEREAS, the City of Colton has recently amended its municipal code to assume responsibility for a greater portion of the sewer serviced laterals, based upon the following reasons: (a) many homeowners tend to defer maintenance on the sewer service lateral due to the high cost associated with making necessary repairs, thereby increasing the risk of groundwater contamination; and (b) there is a trend among public agencies that operate sanitary sewer systems to assume responsibility for a greater portion of the sewer service laterals to help meet their general waste discharge requirements; and WHEREAS, it is consistent with the agreements between the two cities that Grand Terrace customer be treated the same as Colton customer, both with respect to rates and with respect to maintenance obligations; and WHEREAS, the City Council desires to modify and redefine its obligations to assume a greater proportion of responsibility for the sewer service laterals, and to make its regulations consistent with those of Colton. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS: Section 1. All of the foregoing Recitals are true and correct and the City Council so finds and determines. The Recitals set forth above are incorporated herein, are made findings and determinations of the City Council, and are made an operative part of this Ordinance. ORDINANCE NO. 14-277 PAGE 1 OF 4 OCTOBER 28, 2014 Section 2. Section 13.04.0101 of Chapter 13.04 of Title 13 of the Grand Terrace Municipal Code is hereby amended to read as follows: 13.04.010 Definitions "F. "Sewer lateral" means that portion of the sewer system which extends from the main sewer to the building or structure served. 1. Property Owner Sewer Service Lateral (Upper Portion). The Wastewater collection piping extending from the Structure where the Wastewater is generated down to the property line where it connects to the city Sewer Service Lateral (Lower Portion). i 2. City Sewer Service Lateral (Lower Portion). The Wastewater collection piping extending down from the property line, where the Property Owner Sewer Service Lateral (Upper Portion) begins, including the connection to the City's Sewer Collection System." Section 3. Section 13.04.160 (Maintenance of laterals) of Chapter 13.04 of Title 13 of the Grand Terrace Municipal Code is hereby replaced in its entirety with the following: "13.04.160 Maintenance of laterals A. The costs for installation, maintenance, and 'replacement, of the Property Owner Sewer Service Lateral (Upper Portion) as defined in Section 13.04.010, shall be the responsibility of the Property Owner. B. The costs for installation, maintenance, and replacement of the City Sewer Service Lateral (Lower Portion) as defined'in Section 13.04.010, shall be the responsibility of the City." Section 4. Chapter 13.04 of Title 13 of the Grand Terrace Municipal Code is hereby amended with the addition of Section 13.04.170 (Responsibility for removal of Obstructions in Property Owner Sewer Service Lateral)to read as follows: , "13.04.170 Responsibility for removal of Obstructions in Property Owner Sewer Service Lateral The City is not responsible for maintaining the Property Owner Sewer Service Lateral (Upper Portion) as defined in Section 13.04.010. To help mitigate a sanitary sewer overflow or blockage caused by a Property Owner Sewer Service Lateral (Upper Portion), the Property Owner may request help from the City and shall pay to the City all costs associated with the remediation of such Obstruction including cleanup." ORDINANCE NO. 14-277 PAGE 2 OF 4 OCTOBER 28, 2014 Section 5. All ordinances, resolutions, or administrative actions by the City Council, or parts thereof, that are inconsistent with any provision of this Ordinance are hereby superseded only to the extent of such inconsistency. Section 6. Within 15 days after adoption of this Ordinance, a summary of the Ordinance shall be published with the names of those members of the City Council voting for and against this Ordinance and a certified copy of the full text of this Ordinance, along with the names of those City Council members voting for and against this Ordinance, shall be posted in the office of the City Clerk. Section 7. If any section, subsection, clause or phrase in this Ordinance is for any reason held invalid, the validity of the remainder of this Ordinance shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof be held invalid. Section 8. This Ordinance shall take effect thirty days after its final passage. Approved and Adopted this 28th day of October, 2014, by the City Council of the City of Grand Terrace. alt tanckiewitz Mayor ATTEST: - Pat Jacq s City Cler . APPROVED AS TO FORM: �Z� '/z r-- Ric and L. A ms II City Attorney ORDINANCE NO. 14-277 PAGE 3 OF 4 OCTOBER 28, 2014 CERTIFICATION I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of the City of Grand Terrace, California, dulyleld the 28th day of October, 2014, and thereafter at a regular adjourned meeting held on the 28th day of October, 2014, it was duly passed and adopted by the following vote of the Council: AYES: Council Members McNaboe, Mitchell, Robles, Mayor Stanckiewitz NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Grand Terrace, California,this 281h day of October, 2014. Pat Jac re ity Cl _ ORDINANCE NO. 14-277 PAGE 4 OF 4 OCTOBER 28, 2014