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Home My WebLink About03.d. Confirm publication of summary of Ordinance No. 277Central Contra Costa Sanitary District 3.d ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 25, 2013 Subject: CONFIRM PUBLICATION OF A SUMMARY OF UNCODIFIED DISTRICT ORDINANCE NO. 277 ADOPTING AN UPDATED SCHEDULE OF CAPACITY FEES, RATES AND CHARGES IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.12 Submitted By: Initiating Dept. /Div.: Elaine R. Boehme, Administrative Department Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: c� C. Swanson Provisional 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. 277. 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. 277, which was adopted by the Board at its meeting of April 18, 2013, was published in the Contra Costa Times and the San Ramon Valley Times on April 26, 2013. Proofs of publication are attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of uncodified District Ordinance No. 277. Attached Supportinq Documents: 1. Contra Costa Times Proof of Publication 2. San Ramon Valley Times Proof of Publication N:WDMINSUPWDMIN \DIST- SEC \Position Papers\2013 \PP- Confirm Publication Ordinance No. 277.doc Page 1 of 1 "San Ramon Valley Times PO Box 68 Danville, CA 94526 -0068 (925) 837 -4267 CENTRAL CC SANITARY ANN /ACCOUNTS PAYABLE,5019 IMHOFF PL. MARTI N EZ CA 94553 -4316 PROOF OF PUBLICATION In the matter of FILE NO. ord 277 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: 4/26/2013 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 14th day of June, 2013. Signature Legal No SUMMARY OF ORDINANCE NO.2TT AN ORDINANCE (UNCODIFJED) OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING AN UNCODIFIED SCHEDULE OF CAPACI- TY FEES, RATES AND CHARGES IN ACCORD- ANCE MRTN DISTRN:7 CODE CHAPTER 612 Ordinance No. 277 adSopts an uncodified chedule of Capacity Fees, Rates and Charg- es" including an in- crease of the Gravity Capacity Fees from S5,797 to $5,930 per Residential Unit Equiv- alent, and an decrease of the Pumping Ca- pacity Fee from $1,625 to $1,581 per Residen- tial Unit Equivalent. These changes result in a Gravity Zone Fee (Zone 1) of $6,930 per Residential Unit Equiv- alent, and a Pumped Zone Fee (Zone 2) of $7.517 per Residential Unit Equivalent The new fees will be effec- tive on July 1, 2013. NOTE: The above is a summary of major highlights of the pro- posed ordinance. A reading of the entire ordinance maybe nec- =dingessary a full understanding of all of the changes proposed. A certified copy of the full text of the pro- posed ordinance is posted and may be read in the Secretary of the District's Office at 5019 Imhoff Place, Martinez and/or a copy may be obtained from the office. Adopted: April 16, 2013 AYES: Members: Cau- seeyy McGill, Pilecki, �Iiams, Neiedly NOES: Members:None ABSENT: Members: None /s/ James A. Neiedly James A. NeJ1edly President of the Board Central Contra Costa Sanitary District County of Contra Cos- ta, State of California COUNTERSIGNED: /s/ Elaine R. Boehme Elaine R. Soehme, CMC Secretary of the Dis- trict Central Contra Costa Sanitary District County of Contra Cos- ta, State of California Approved as to Farm: /s/ Kenton L. to Kenton L. Alm,Esq. District Counsel SRYT#4936614 Aor 26.2013 0004836814 0 D ECOUF +_� it �, Contra Costa Times PO Box 4147 Walnut Creek, CA 94596 (925) 935 -2525 CENTRAL CC SANITARY ANN /ACCOUNTS PAYABLE,5019 IMHOFF PL. MARTINEZ CA 94553 -4316 PROOF OF PUBLICATION In the matter of FILE NO. Ordinance 277 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: 4/26/2013 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 30th day of April, 2013. Signature Legal No. 0004837230 SUMMARY OF ORDINANCE NO. m AN ORDINANCE (UNCODIFED) OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING AN UNCODFED SCHEDULE OF CAPACITY FEES, RATES AND CHARGES IN ACCORDANCE WITH DISTRICT CODE CHAPTER 642 Ordinance No. 277 adopts an uncodified "Schedule of Capacity Fees, Rates and Charg- es" including an increase of the Gravity Capacr- ty Fees from $5,797 to $5,936 per Residential Unit Equivalent, and an decrease of the Pump- ing Capacity Fee from $1,625 to $1,587 per Resi- dential Unit Equivalent. These changes result in a Gravity Zone Fee (Zone to of $5,930 per Resi- dential Unit Equivalent and a Pumped Zone Fee (Zone 2) of $7,517 per Residential Unit Equiva- lent. The new fees will be effective on July 1, 2613. NOTE: The above is a summary of major high- lights ofii�e proposed ordinance. A reading of the entire ordinance may be necessary to ob- tain a full understanding of all of the changes proposed. A certified copy of the full text of the proposed ordinance is posted and may be read m the Secretary of the District's Office at 5619 Imhoff Place. Martinez and /or a copy may be obtained from the office. Adopted: April 18, 2613 AYES: Members:Causey, McGill, Pilecki, Wil- liams, Neiedly NOES:Members:None ABSENT: Members: None /s/ James A. Neiedly James A. Ne'edly 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 CCT# 4837230 April 26, 2613 R CEIVEp