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(KCN 10119/15) <br />ORDINANCE NO. NS -XXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA AMENDING CHAPTER 39, <br />ARTICLE III OF THE SANTA ANA MUNICIPAL <br />CODE PERTAINING TO SEWER FACILITIES <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. California Government Code Section 38900 grants authority to a <br />"city legislative body" to "construct, establish, and maintain drains <br />and sewers." However, the Government Code does not provide <br />definitions for terms relating to sewer systems. <br />B. The City owns and maintains a sewer collection system comprised <br />of 390 miles of sewer main which collects and conveys sewage <br />from over 45,000 sewer laterals. <br />C. In 2001, the City adopted an Ordinance creating a sewer enterprise <br />fund and sewer service charge; a portion of funds collected is used <br />by City forces to repair or replace sewer laterals located in the <br />public right of way. <br />D. The City of Santa Ana Public Works Agency has historically <br />provided information and guidance explaining that all sections of <br />the sewer system located on private property and underneath <br />public rights of way are the responsibility of the homeowner. <br />E. The City Council has determined that formal codification of terms <br />relating to sewer systems serves to clarify any potential confusion <br />and provide clear guidance to homeowners in regards to ownership <br />and responsibility for maintenance of sewer laterals. <br />Section 2. The adoption of this ordinance is exempt from the California <br />Environmental Quality Act and a Notice of Exemption will be filed if this ordinance is <br />adopted. <br />Exhibit 1 <br />Ordinance No. NS -XXX <br />Page 1 of 5 <br />11 A -3 <br />