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Home My WebLink About02.d. Confirm publication re Ordinance 268Central Contra Costa Sanitary District /) BOARD OF DIRECTORS ot. POSITION PAPER Board Meeting Date: November 3, 2011 subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 268 (UNCODIFIED) ESTABLISHING THE "STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION, 2011 EDITION" AS THE DISTRICT'S STANDARD SPECIFICATIONS IN ACCORDANCE WITH DISTRICT CODE SECTION 9.08.010 Submitted By: Elaine R. Boehme Secretary of the District Initiating Dept. /Div.: Administrative Department REVIEWED AND RECOMMENDED FOR BOARD ACTION: (� I& f-44 Elaine R. Boehme James Kelly, Secretary of the General anager 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. 268. 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. 268 (uncodified) which was adopted by the Board at the meeting of September 1, 2011, and which establishes the "Standard Specifications for Design and Construction, 2011 Edition" as the District's standard specifications in accordance with District Code Section 9.08.010, was published in the Contra Costa Times and the San Ramon Valley Times on September 14, 2011. Proof of publication is attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 268. Page 1 of 3 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. Ordinance 268 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: 9/14/2011 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 28th day of Septe ber, 2011. Signature Legal No. 0004157513 SUMMARY OF ORDINANCE NO. 268 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANRARY DISTRICT (UNCODIFIED) ESTABLISHING THE % TANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION, 2011 EDITION- AS THE DISTRICTS STANDARD SPECIFICATIONS IN ACCORDANCE WITH DISTRICT CODE SECTION UU10 ). 268 (uncodified) of the Central Con - iitary District ( "CCCSD" or "District ") he ddocument entitled: CCCSD Stand - dions for Design and Construction, as the District's Standard Specifica- ordance with District Code Section ie Standard Specifications includes specific policies, i rules, regulations, >nditions and requrements for design sewer mauves wren and also includes the A copy of the Standai on file with the Sea available for public i fice, 5019 Imhoff Plan The Standard Specifications will be effective on the eighth day following publication of this sum- mary in a newspaper of general circulation within the District. NOTE: The above is a summary of major highlights of the ordinance. A reading of the entire ordi- nance may be necessary to obtain a full under- standing. A certified copy of the full text of the or- dinance is posted and may be read in the Secreta- ry of the District's Office at 5019 Imhoff Place, Mar- tinez and /or a copy may be obtained from the of- fice. Adopted: September 1, 2011 AYES: Members: Hockett, Menesini, Nejedly, McGill, Williams NOES: Members: None ABSENT: Members: None /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 L1 D Sanitary District, County of Contra Costa, State of California Approved as to Form: /s/ Kenton L. Aim_ Kenton L. Alm J "I District Counsel CCT# 4157513 Sept 14, 2011 Admen, Services San Ramon Valley Times Legal No. NOTICE OF PUBLIC PO Box 68 SUMMARY OF NO. OORDINANCE Danville, CA 94526 -0068 (925) 837 -4267 AN F CENTRAL CONTRACOS- TA SANITARY DISTRICT (UNODIFIED) ESTAB- LISHING THE "STAND- ARD SPECIFICATIONS FOR DESIGN AND CON- STRUCTION, 2011 EDI- TION" AS THE DIS- TRICT'S STANDARD SPECIFICATIONS IN AC- CORDANCE WITH DIS- Central CC Sanitary TRICT 9.08.010 CODE SECTION Ann /Accts Payable,5019 Imhoff PI. Ordinance No. 268 Martinez CA 94553 -4316 tral Contra of the Cen- tral Contra Costa Sanita- (' "ry DisDtrict" stabs hes PROOF OF PUBLICATION the document entitled: Standard Specifi- cations for Design and FILE NO. Ord NO 268 Construction, 2011 edi- tion as the District's Standard Specifications in accordance with Dis- trict Code Section 9.08.010. The Standard Specifications includes general and specific pol- icies, rules, regulations, In the matter of guidelines, conditions and requirements for San Ramon Valley Times design and construction of public and private I am a citizen of the United States and a resident of the County sanitary sewer facilities aforesaid; I am over the age of eighteen years, and not a party to within the District's boundaries, and also in- or interested in the above - entitled matter. dudes the District's Standard Drawings. A copy of the Standard Specifications docu- I am the Principal Legal Clerk of the Valley Times (Incorporating ment is on file with the The Pleasanton Times) /San Ramon Valley Times, a newspaper of andris availabl@ or pub- general circulation, printed and published at 2640 Shadelands licit inspection 5019 Imhoff Drive in the City of Walnut Creek, County of Contra Costa, 94598 Place, Martinez, Califor- nia. And which newspaper has been adjudged a newspaper of general lions will be be on circulation by the Superior Court of the County of Contra Costa, the eighth day following State of California, under the date of May 1, 1947. Case Number publication of this sum - mary in a newspaper of 39468. Districtlat:on with- inetne MOTE: The above Is a The notice, of which the annexed is a printed copy (set in type not summary of major high- smaller than nonpareil), has been published in each regular and lights of the ordinance. A reading of the entire entire issue of said newspaper and not in any supplement thereof ordinance may anec- on the following dates, to -wit: understanding. A certi- full 9/14/2011 fied copy of the text of the ordinance is post- ed and may be read in the Secretary of the Dis- trict's Office at 5019 Imhoff Place, Martinez and /or a copy may be obtained from the of- fice. Adopted: September 1, 2011 AYES: Members: Hockett, Menesini, Nejedly, McGill, Williams NOES: Members: None ABSENT: Members: None /s/ Barbara D. Hockett President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California I certify (or declare) under the penalty of perjury that the foregoing COUNTERSIGNED: is true and correct. CMCElaine R. Boehme, Secretary of the Central Executed at Walnut Creek, California. Contra Costa Sanitary District, County On this 14th day of September, 2011. of Contra state of Approved as Al Form: L. Al /s/ Kenton m Kenton L. Alm District Counsel Signature SRVT #41SS189 Sept 14, 2011 0004155169 Admin. St—, 67iC.-s i