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Home My WebLink About04.k. Confirm publication re Ordinance 266Central Contra Costa Sanitary District ,r ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 4, 2011 subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 266 ADOPTING AN UNCODIFIED SCHEDULE OF SEWER SERVICE CHARGE RATES Submitted By: Elaine R. Boehme Secretary of the District Initiating Dept /Div.: Administrative Department REVIEWED AND RECOMMENDED FOR BOARD ACTION: l .Q&Vt-e' Elaine R. Boehme James M. Ily, Secretary of the General Phnager 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. 266. 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. 266, which was adopted by the Board at its meeting on June 2, 2011, and which updates the uncodified Schedule of Sewer Service Charge Rates in accordance with District Code Chapter 6.24.030, was published in the Contra Costa Times and the San Ramon Valley Times on June 20, 2011. Proof of publication is attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 266. 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 No. 266 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: 6/20/2011 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 24th day of June, 2011. Signature Legal No. 0004041958 ✓ SUMMARY OF ORDNANCE NO. 21111 AN UNCODIFIED ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING A SCHEDULE OF SEWER SERVICE CHARGE RATES I ACCORDANCE WITH DISTRICT CODE CHAPTER L24MO Pursuant to Central Contra Costa Sanitary District Code Section 6.2x030, Ordinance No 266 (uncodified) Increases the residential annual Sew- er service Charge by $30 to $341 per living unit for FY 2011 -2012, and Increases the Charge by $30 to $371 per living unit for FY 2012 -2013. Non- residential rates will be increased proportionallyy. The FY 2012 -2013 rates will continue In effect u2i further action of the Board of Directors. NOTE The above is a summary of major highlights of the proposseYd ordinance. A reading of the entire ordinance all the theca 9es prroposseedd aA certified under- standing and full text of den thee SSecroetary of the Dlstricrs office at 5019 Imhoff Place, Martinez and /or a copy may be obtained from the office. Adopted: June 2, 2011 AYES: lm WIbers:s Hockett, McGill, Menesini, NOES: Members: None ABSENT: Members: None Bsazbara D HockHock etr President of the Board Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: /s/.Elaine R. Boehme Elaine R. Boehme, CMC Secrecy of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: /5/ Kenton L. Alm Kenton L. Alm, Esci. District Counsel CCT# 4041SSS June 20. 2011 pECEH D JJN 2 8 2011 Admin. Services go-'t W...a '.�'i i �?N �?n �� 3 J S �;AF � f �•Y�� ✓Lti 00" "L"`•�.•..,,,_ fit .,.... .. San Ramon VallevIImes 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. 266 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: 6/20/2011 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 19th day of July, 2011. Signature i Legal No. SUMLAARY OF ORDINANCE NO. 266 AN UNCODIFIED ORDINANCE OF THE CENTRAL CONTRA COS- TA SANITARY DISTRICT ADOPTING A SCHEDULE OF SEWER SERVICE CHARGE RATES IN ACCORDANCE WITH DISTRICT CODE CHAP- TER 924A 0 Pursuant to Central COn- tra Costa Sanitary Dis- trict Code Section 614.030, Ordinance No. 266 (uncodlfied)Increas- es the resident al annual Sewer service Charge by 530 to $341 per living unit for FY 2011 -2012, and Increases the charge by $30 to $371 per living unit for FY 2012-2013. Non- residential rates will be Increased proportional- ly. The FY 2012.2013 rates will continue In ef- fect until further action of the Board of Direc- tors. NOTES 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 pro- posed. e fault text of tthe and/or a copy may be obtained from the of- fice. A dopted: June 2.2011 AYES1 Members: Hoekett, McGill, Ilams Meneslnl, Nejedly, WII- NOES: Members: None ABSENT: Members: None /s/ Barbara D. Hockett Barbara D. Hockett President of the Board Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: /s/ Elaine R. Boehme Elaine R. Boehme, CMC Secretary of the District 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 RYT 4 0004042753 JUL � 12011 OF THE pISTRICT SECRE PIl Y