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Home My WebLink About03.h. Confirm publication re Ordinance 264Central Contra Costa Sanitary District • ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 7, 2011 subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 264 ADOPTING AN UNCODIFIED SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES IN ACCORDANCE WITH CHAPTER 6.30 OF THE DISTRICT CODE Submitted By: Elaine R. Boehme Secretary of the District Initiating Dept. /Div.: Administrative Department REVIEWED AND RECOMMENDED FOR BOARD ACTION: Elaine R. Boehme James . Kelly, Secretary of the V GenerdrManager District ISSUE: Section 6490 of the Health and Safety Code of the State of California provides that District ordinances shall be published once in a newspaper of general circulation within the District, and provides that an Order of the Board of Directors of the District to the effect that the ordinance has been published shall constitute conclusive evidence that publication has been properly made. RECOMMENDATION: Confirm the publication of a summary of District Ordinance No. 264. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance was correctly published and therefore would be deemed procedurally valid by a court. BACKGROUND: A summary of District Ordinance No. 264, which was adopted by the Board at its meeting on May 5, 2011, and which updates the uncodified Schedule of Environmental and Development - Related Rates and Charges, was published in the Contra Costa Times and the San Ramon Valley Times on May 23, 2011. Proof of publication is attached. - RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 264. Contra Costa Times PO Box 4147 Walnut Creek, CA 94596 (925) 935 -2525 Central CC Sanitary Ann /Accts Payable,5019 Imhoff PI. Martinez CA 94553 -4316 PROOF OF PUBLICATION In the matter of FILE NO. ORD 264 Contra Costa Times I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598 And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 5/2312011 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 23th day of May, 2011. Signature Legal No. 0004006665 SUMMARY OF ORDNANCE NO, 284 AN ORDDANCE(UNCODIFlED)OFTNEfNTRAL CONTRA C0V12 SAN ITARY DISTRICT ADOFTINO AN UNCODIFlED SCHEDULE OF ENVRONMENTAL AND DEVELOPIENT•RELATED RATES AND CHARGES N ACCORDANCE WITH DISTRICT CODE CHAFFER 6.30 Ordinance No. 264 adopts an uncodified "Schedule of Environmental and Develop -ment- Related Rates and Charges" where twenty -seven fees remain un- changed, and fifty one fees increase between 02 to 15 8 percent a new fees will be effective on July 5, 2011. NOTE The above is a summary of major highlights of the proposed ordinance. A reading of the entire ordinance may be necessary to obtain a full under- standing of all the charges proposed. A certified copy of the full text of the proposed ordinance is Sand may be read in the Secretary of the District's Office at 5019 Imhoff Place, Martinez and /or a copy may be obtained from the office. Adopted: May 5, 2011 AYES:Members:McGill, Menesini, Williams, Hockett NOES:Members:None ASS ENT :Members: N ejedly /s/ Barbara D. Hodcett Barbara D. Hockett, President of the District Board of the Co� f ooaaf DoCw Cst, Sat Sanitary l orn a uN: COUNTERSIG /s/ Elaine R. Boehme Elaine R. Boehme CMC Secretary of the ttentrai Contra Costa Sanitag District, County of Contra Costa, State of Califoma /Approved as to Form: ps/ Kenton L. Alm Kenton L Alm, Esq. District Counsel CCT# 4006665 May 23, 2011 aSCENE MAV 27 Z0» Admin. Services San Ramon YalleY Times PO Box 68 Danville, CA 94526 -0068 (925) 837 -4267 Central CC Sanitary Ann /Accts Payable,5019 Imhoff PI. Martinez CA 94553 -4316 PROOF OF PUBLICATION In the matter of FILE NO. ord 264 San Ramon Valley Times I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the Principal Legal Clerk of the Valley Times (Incorporating The Pleasanton Times) /San Ramon Valley Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598 And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of May 1, 1947. Case Number 39468. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 5/2312011 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 17th day of June, 2011. Signature Legal No. SUMMARY OF ORDINANCE NO. 264 AN ORDINANCE (UNCODIFIED) OF THE CENTRAL CONTRA COS- TA SANITARY DISTRICT ADOPTING AN UNCODIFIED SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT- RELATED RATES AND CHARGES IN ACCORD- ANCE WITH DISTRICT CODE CHAPTER LN Ordinance No. 264 adopts an uncodified Schedule of Environ- mental and Develop- ment- Related Rates and Charges" where twenty - seven fees remain un- changed, and fifty -one fees increase between 0.2 to 15.8 percent The new fees will be effec- tive on July 5, 2011. NOTE The above is a summary of major high- lights of the proposed ordinance. A reading of the entire ordinance may be necessary to ob- tain a full understanding of all the changes prppo -- 0 thee Mull text ofcthe proposed ordinance is posted and may be read in the Secretary of the Districts Office at 5019 Imhoff Place, Martinez and /or a copy mthay be obtained from e of- fice. Adopted. May 5, 2011 AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: None ABSENT: Members: Nejedly /s/ Barbara D. Hockett Barbara D. Hockett, President of the District Board of the Central Contra Costa Sanitary District, Ccunty of Contra Costa, State of California COUNTERSIGNED: /s/ Elaine R. Boehme Elaine R. Boehme, CMC Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: /s/ Kenton L. Alm Kenton L. Alm, Esq. District Counsel SRVT #4008950 May 23, 2011 0004008950 p�D2ne. JUN q � �I Admin. Servios-