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Home My WebLink About03.i. Confirm publication re Ordinance 265Central Contra Costa Sanitary District • i ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 7, 2011 subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 265 ADOPTING AN UNCODIFIED SCHEDULE OF CAPACITY FEES, RATES AND CHARGES IN ACCORDANCE WITH CHAPTER 6.12 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 )*Geeral M. Kelly, Secretary of the Manag er 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. 265. 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. 265, which was adopted by the Board at its meeting on May 5, 2011, and which updates the uncodified Schedule of Capacity Fees, 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. 265. 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 FILE NO. ORD 265 In the matter of 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: 5/23/2011 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, Signature Legal No. 0004006647 SUMMARY OF ORDNANCE NO. 265 AN ORDINANCE (UNCONNED) OF 711E CENTRAL CONTRA COSTA SANITARY NSTRICT ADOPTNO AN UNCODIFIED SCHEDULE OF CAPACITY FEES, RATES ANTRICT CODE ICHAPTACCORDANCE ER 122 WITH Ordinance No. 265 adopts an uncodified "Schedule Of Capacittyy Fees, Rates and Charges" including an increase of the Gravity Capacity Fees from 5451 cr $5,465 per Residential Unit Equivalent, and a de- crease of the Pumping C ity Fee from $1,641 to $1,606 per Residential nit Equivalent These Changes result in a Gravity Zone Fee (zone 1) of S5 465 per Residential Unit Equivalent, and a Pump- Zone Fee (Zone 2) of $7,071 per Residential Unit Equivalent The new fees will be effective on July 5, 2011. NOTE: The above is asummauy of major highlights of the proposed ordinance. A readin.9 of the entire ordinance may be necessary to obtain a full under- standing of all of the charges proposed. A certi- fied copy of the full text of the proposed ordinance Is posted and may be read in the Secretary of the Districts Office at 5014 Imhoff Place, Martinez and /or a copy may be obtained from the office. Adopted: May 5, 2011 AYES:Members:McGIII, Menesini, Williams, Hockett NOES:Members:None ABSENT:Members:Nejedly /s/ Barbara D. Hockett Barbara D. Hockett, President ofthe District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: /s/ Elaine R. Boehme Elaine R. Boehme CMS Secretary of the central Contra Costa Sanitary District County of Contra Cosptroa, State of Califomia %s/ Kenton L to Form: Kenton L Alm, Esq. District Counsel CCTtt 4006647 May 23.2011 D MAY 2 7 2011 Admin. Services , San Ramon Palley 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 FILE NO. ord 265 In the matter of 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: 5/23/2011 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. 265 AN ORDINANCE (UNCODIFIED) OF THE CENTRAL CONTRA COS- TA SANITARY DISTRICT ADOPTING AN UNCODIFIED SCHEDULE OF CAPACITY FEES, RATES AND CHARGES IN ACCORD - ANCE WITH DISTRICT CODE CHAPTER 6.12 Ordinance No. 265 adopts an uncodified Schedule of Capacity Fees, Rates and Charg- es" including an in- crease of the Gravity Ca- pacity Fees from $5,451 to $5,465 per Residential Unit Equivalent, and a decrease of the Pump- ing Capacity Fee from 53.641 to 51.606 oer Resi- Fee lent, anc a Pumpea Zone Fee (Zone 2) of $7,071 per Residential Unit Equivalent. The new fees will be effective 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 tod� - tain a full under of all of the changes nez and/or a copy mayy be obtained from the 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, County 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 #4006925 May 23, 2011 0004008925 JUN "I z o l I L Admin. Services