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File Number: 11 -368 <br />to contain, control, and cease the unauthorized discharge and institute and complete all <br />actions necessary to remedy the effects of such unauthorized discharge, whether sudden or <br />gradual, with the cost borne by the discharger. When deemed necessary by the Manager, <br />clean -up of the discharge may be initiated by the City or by an authorized individual or firm. <br />All costs associated with such clean -up shall be borne by the owner, User or other person <br />responsible for the sewer overflow." <br />SECTION 3 . CONDITION. This amendment is not effective if a majority protest exists <br />to the re- purposing of previously approved sewer and wastewater rates towards reimbursing <br />property owners or Users the costs to reconnect private sewer laterals to the City's sewerage <br />system. <br />SECTION 4 . SEVERABILITY. If any section, subsection, subdivision, paragraph, <br />sentence, clause or phrase of this Ordinance, or its application to any person or <br />circumstance, is for any reason held to be invalid or unenforceable, such invalidity or <br />unenforceability shall not affect the validity or enforceability of the remaining sections, <br />subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or <br />its application to any other person or circumstance. The City Council of the City of San <br />Leandro hereby declares that it would have adopted each section, subsection, subdivision, <br />paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more <br />other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof <br />is declared invalid or unenforceable. <br />SECTION 5 . EFFECTIVE DATE AND PUBLICATION. If the condition in Section 3 is <br />not satisfied, this ordinance shall take effect thirty (30) days after adoption. The City Clerk is <br />directed to publish the title once and post a complete copy thereof on the City Council <br />Chamber bulletin board for five (5) days prior to adoption. <br />Introduced by Councilmember Prola on this 21 st day of November, 2011, and passed to <br />print by the following called vote: <br />Members of the Council: <br />AYES: Councilmembers Cutter, Gregory, Prola, Reed, Souza, Starosciak (6) <br />NOES: None (0) <br />ABSENT: Mayor Cassidy (1) <br />1738628.1 <br />City of San Leandro Page 2 Printed on 11/29/2011 <br />