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Home My WebLink About03.f. Confirm publication of summary of District Ordinance No. 272Central Contra Costa Sanitary District ' BOARD OF DIRECTORS • POSITION PAPER Board Meeting Date: ,July 19, 2012 subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 272 ADOPTING AN UNCODIFIED SCHEDULE OF CAPACITY FEES, RATES AND CHARGES IN ACCORDANCE WITH CHAPTER 6.12 OF THE DISTRICT CODE Submitted By: Initiating Dept. /Div.: Elaine R. Boehme Administrative Department Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Elaine R. Boehme Ann E. Farrell, Secretary of the n• General Manager District �t�"' 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. 272. 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. 272, which was adopted by the Board at its meeting on April 19, 2012, 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 4, 2012. Proof of publication is attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 272. Contra Costa Times PO Box 4147 Walnut Creek, CA 94596 (925) 935 -2525 Central CC Sanitary Ann /Accts Payable,5019 Imhoff Pl. Martinez CA 94553 -4316 PROOF OF PUBLICATION FILE NO. Ord No. 272. 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: 5/4/2012 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 20th day of June, 2 12. Signature Legal No. 0004424628 h F C E I D JUN 2 12012 Admin. Services SUMMARY OF ORDINANCE NO. m AN ORDINANCE QMODIFIED) OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT, ADOPTING AN UNCOOFED SCHEDULE OF CAPACITY FEES, RATES AND CHARG- ES IN ACCORDAANCCEE I HDISTRICT CODE CER Ordinance No. 272 adopts an uncodified "Schedule of Capacity Fees, Rates and Charges" including an kcrease of the Gravity Capactty Fees from x5 465 to $5,797 per Residermal Unit Equvalent and an Increase of the Pumping Cap* Fee from $1,606 to $1,625 per Residential Ur qurvalent These changes result in a Gravity Zone Fee (Zone 1) of $5,797 per Residential Unit Equivalent, and a Pumped Zone Fee (Zone 2) of $7,422 per Residen- tial Unit Equ alent, The new fees will be effective NOTE: The above is a summary of maior hi tights of the proposed ordinance. A reading of snare ordinance may be necessary to obtain a full understanding of all of the changes proposed A certified copy of the full text of the proposed ordi- nance is posted and may be read in the Secretary of the Districts Office at 5019 Imhoff Place, Marb- nez and/or a copy may be obtained from the of- fice. Adopted: April 19, 2012 AYES:Members:Hockett, McGill, Menesini, Wil- liarm Neiedly NOES:Members:None ABSENT:MembersNone is/ lames a Neiedly Jamesa oJedly President o the Board Central Contra Costa Sanitary District County of Contra Costa, State of California CDUNTERSIGNED: I s/ Donna M. Anderson Donna M. Anderson Sec Pro Tem Central ntra Costa Sank" District County of Contra Costa, State of California Approved as to Form: /s/ Kenton 4 Alm_ Kenton 4 Alm, Es% District Counsel CCT# 4424628 May 4, 2012 Sin Ramon Valley 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 272 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: 5/4/2012 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 4th day of May, 2012. Signature Legal No SUMMARY OF ORDINANCE NO. Z72 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. 272 adopts an uncodified Schedule of Capacity Fees, Rates and Charg- es" including an in- crease of the Gravity Capacity Fees from $5,465 to $5,797 per Res- idential Unit Equivalent, and an increase of the Pumping Capacity Fee from $1,605 to $1,625 per Residential Unit Equivalent. These than ,ges result in a Gravity Zone Fee (Zone 1) of $5,797 per Residen- tial Unit Equivalent, and a Pumped Zone Fee (Zone 2) of $7,422 per Residential Unit Equiva- lent. The new fees will be effective on July 2, 2012. NOTE: The above is a summary of major high- lights of the proposed ordinance. A reading of the entire ordinance may be necessary to obtain a full under- standing of all of the ,chap es proposed. A certified copy of the full text of the proposed or- dinance is posted and may be read In the Sec- retary of the District's Office at 5019 Imhoff Place, Martinez and /or a copy may be obtained from the office. Adopted: April 19, 2012 AYES: Members: Hockett, McGill, Menesini, Williams, Nejedly NOES: Members: None ABSENT: Members: None /s/ James A. Nejediy James A. Ne1'edly President of the Board Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: /s/ Donna M. Anderson Donna M. Anderson Secretary Pro Tem Central Contra Costa Sanitary District Courny of Contra Costa, State of California Approved as to Form: /s/ Kenton L. Alm Kenton L. Alm, Esq. District Counsel SRYT #4427078 May 4, 2012 0004427078