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Home My WebLink About04.l. Confirm publication re Ordinance 267Central Contra Costa Sanitary District ' BOARD OF DIRECTORS • POSITION PAPER Board Meeting Date: August 4, 2011 subject: CONFIRM PUBLICATION OF A SUMMARY OF UNCODIFIED DISTRICT ORDINANCE NO. 267 REINSTATING PARTICIPATION FEES FOR THE CONNECTION FEE DEFERRAL PROGRAM IN THE SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES ESTABLISHED BY ORDINANCE NO. 264 Submitted By: Elaine R. Boehme Secretary of the District Initiating Dept. /Div.: Administrative Department REVIEWED AND RECOMMENDED FOR BOARD ACTION: Elaine R. Boehme James M. Ally, Secretary of the General KRinager 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. 267. 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 uncodified District Ordinance No. 267, which was adopted by the Board at its meeting on June 16, 2011, and which reinstates the participation fees for the Connection Fee Deferral Program in the Schedule of Environmental and Development - Related Rates and Charges established by Ordinance No. 264, was published in the Contra Costa Times and the San Ramon Valley Times on June 24, 2011. Proof of publication is attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 267. 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 267 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: 6/24/2011 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. 0004052373 SUMMARY OF ORDINANCE NO. 287 AN UNCODIFIFD ORDINANCE OF THE CENRtAL CONTRA COSTA SANITARY DISTRICT REINSTATING PARTICIPATION FEES FOR THE CONNECTION FEE DEFERRAL PROGRAM IN THE SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES ES- TABLISHED BY ORDINANCE 2�Q IN ACCORDANCE WITH DISTRICT COOE CHAPTER 830 Ordinance No. 267 (uncodlfled) reinstates two par ticipation fees for the Connection Fee Deferral Pro - Qrom under Item "(E) Miscellaneous" of the Schedule of Env ironmental bshdibyO dlRelated Rates and Charges" Ordi- nance No. 264, as follows: (E -7) The processing fee for each separate "Con- nection Fee Deferral Program Memorandum of Agreement shall be: $460. 9 ) In addition to the (E -7) fee the participation for each separate property Parcel) for which connection fees are deferred sh all be: $115. The new fees will be effective on the eighth day following publication of this Summaaryry in newspa- pers of general Grculatlon In the Dlsb A and shall expire on June 30. 2013, unless the Connection Fee Deferral Program is extended by the Dct Board of Directors. In which case the fees will remain In effect until the program expires, or the fees are amended by Ordinance. 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 p proposed. A certified �l n t ftDpsS lstr and may ed Ihe ellhe Office t5 Secretary and/or a copy may be obtained from the office. Adopted: June 16, 2011 AYES:Members:MCGIII, Nejedly, Williams, Hockett NOES•Members:None ABSENT: Mem bers: M enesini /s/ 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. CMC Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: IV rt nem �Q D tic Kenton CCT* 409M June 24, 2013 JUL 21 1011 CCcsD SECRETARY OF THE DISTRICT 0004052046 JUL 2 171111 CCGSB SZCPTARY OF THE D'STRIET l San Ramon Valley Times Legal No. SUMMARY PO Box 68 ORDINANCE N0. 287 Danville, CA 94526 -0068 ANUNCODIFIED (925) 837 -4267 °RNCN COSTA SANITARY ATING PARTICIPATION F FOR THE CONNECTION FEE DEFERRAL PRO- GRAM IN THE SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES ESTABLISHED Central CC Sanitary INACCORDDAANCE r fl Ann /Accts Payable,5019 Imhoff PI. ° Martinez CA 94553 -4316 CHAPTER UO ordinance No. 267 (uncodifled) reinstates PROOF OF PUBLICATION two partic patlon fees for the Connection Fee Deferral Program under "(E) Miscellane- Item of ous" the "Schedule of FILE NO. Ord. 267 entl an Develop ent- Related Rates and Charges" es- tablished by Ordinance N0.264, as f01lows: (E-7) The processing fee ffnooectionn In the matter of sFeeraDefeerrral San Ramon Valley Times Program Memorandum of agreement" shall be: $460. 1 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 (E-8) In addition to the (E -7) fee, the particlpa- or interested in the above - entitled matter. non fee for each sepa- rate property (Parcel) for which connection I am the Principal Legal Clerk of the Valley Times (Incorporating be: fees 115 deferred snail The Pleasanton Times) /San Ramon Valley Times, a newspaper of The new fees will be ef- general circulation, printed and published at 2640 Shadelands fective on the eighth day following Drive in the City of Walnut Creek, County of Contra Costa, 94598 publica- tion Of this Summary In newspapers of general in the Dis- And which newspaper has been adjudged a newspaper of general circulation Rine 0 and r expi the circulation by the Superior Court of the County of Contra Costa, Connection Fee Deferral State of California, under the date of May 1, 1947. Case Number Program is extended byy the District Board Of DI. 39468. rectors, In which case the fees will remain in effect until the program The notice, of which the annexed is a printed copy (set in type not amended byOrdinance. smaller than nonpareil), has been published in each regular and NOTE: The above Is a newspaper d not in an supplement thereof entire issue of said er an p p y su pp ereo summary of major high - lights the on the following dates, to -wit: of proposed ordinance. A reading of 6/24/2011 entire ito may b ceary ob taln a full understanding of all the changes pro- posed. stp .Mull certified the be prossted� and may rread in the Secretary of the District's Office at 5019 Imhoff Place, Martinez and/or a copy may be obtained from the of- fice. Adopted: June 16,2011 AYES: Members: wR llani% : tdh• NOES: Members: Mono ABSENT: Members: Monnlyd /s/ Barbara D. Hockett President of the District Board of the Central I certify (or declare) under the penalty of perjury that the foregoing Distrnii% CCoouunty ot o� is true and correct. tra Costa. State of Cali- fornia Executed at Walnut Creek, California. COUNTERSIGNED: R. Boehme, CM/ Elaine B On this 19th day of July, 2011. CElaine Secretary of the Central Contra Costa Sanitary District, County of Con- tra Costa, State of Cali- fornia Signature Approved as to Form: /s/ Kenton L Alm,Esq. District Counsel SRVT#4052048 Jun! 2Ar 2011 0004052046 JUL 2 171111 CCGSB SZCPTARY OF THE D'STRIET