The URL can be used to link to this page

Home My WebLink About04.m. Confirm publication of Ordinance No. 273Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 6, 2012 subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 273 ESTABLISHING REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY CONNECT TO JOB 6499 (VISTA DEL ORINDA CONTRACTUAL ASSESSMENT DISTRICT) IN ORINDA IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.20 (REIMBURSEMENT FEES) AND THE DISTRICT'S CAD POLICY Submitted By: Initiating Dept. /Div.: Elaine R. Boehme Administrative Department Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Elaine R. Boehme Secretary of the District 1 =4 Ann E. Farrell, General Manager 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. 273. 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. 273, which was adopted by the Board at its meeting on July 5, 2012, and which establishes reimbursement fees for the properties which could directly connect to Job 6499 (Vista Del Orinda Contractual Assessment District (CAD)) in Orinda in accordance with District Code Chapter 6.20 (Reimbursement Fees) and the District's CAD Policy, was published in the Contra Costa Times and the San Ramon Valley Times on July 13, 2012. Proof of publication is attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 273. 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 C ,UhI V Admin. Services PROOF OF PUBLICATION In the matter of FILE NO. Ord No. 73 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: 7/13/2012 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 13th day of July, 2012. Signature Legal No. 0004497238 SUMMARY OF ORDINANCE NO. 273 AN ORDINANCE (UNCODIFlED) OF THE CENTRAL CONTRA COSTA SANITARY DISTRICTTO ESTABLISH MMBIJRSE- MENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY CONNECT TO JOB 649 (VISTA DEL OWNDA CAD 2010 IN OMNDA NOTE-. The above is a summary of major high- light of the proposed ordinance. A reading of the 1.4 ordinance may be necessary to obtain a full understanding of the fee proposed. A Certified copy of the full text of the proposed ordinance is posted and may be read in the Secretary of the s r.ct's Office at 5019 Imhoff Place, Martinez, California, and/or a copy may be obtained from the office. Adopted: July 5, 2012 AYES: Members Hockett, McGill, Menesini, Williams, NejedlY NOE: Members: None ABSENT: Members:None /s/ James A. Nejedly James A. Neiedy President of the Board Central Contra Costa sanitary District Cou% of Contra Co" State of California COUNTERSIGNED: /s/ Donna M. Anderson Donrnea teM.. Anderson Pro Central Contra Costa San" District County of Contra Costa, state of California Approved as to Form: / Kenton L Alms Kenton L Alm,Esq. District Counsel CM 4497238 July 13.2012 San 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 273 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: 7/13/2012 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 1 of July, 2012. Signature Legal No. 200373 AN ORDINANCE CENTRAL CONTRA E COSTA SANITARY DISTRICT TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECT - LY CONNECT TO JOB 6499 (VISTA DEL ORINDA CAD 2010.2) IN ORINDA )rdinance No. 273 Fees of $23,349 for the 7th participant connec- tor, $20,430 for the 8th participant connector, $18,160 for the 9th par- ticipant Connector and $16,344 for the 10th par- ticipant connector to Job 6499 (Vista Del Orinda CAD 2010 -2) in and re- set and Program. 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 the fee pro- posed. A certified copy of the full text of the proposed ordinance is posted and may be read in the Secretary of the Districts Office at 5019 Imhoff Place, Martinez, California, and /or a Kmay be obtained fromthe office. Adopted: July 5, 2012 AYES: Members. Hockett, McGill, MenesinI, Williams, Nejedly NOE: Members: None ABSENT: Members: None /s/ James A. Nejedly James A. Ne Iwily 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 County of Contra Costa, State of California Approved as to Form: /s/ Kenton L. Alm Kenton L Alm, Esq, District Counsel SRYT #4499387 Jul 13,2012 0004499387 Admin,