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HomeMy WebLinkAbout04.d. Confirm publication of summary of Ordinance No. 279Central Contra Costa Sanitary District ' BOARD OF DIRECTORS . (� POSITION PAPER Board Meeting Date: September 19, 2013 Subject. CONFIRM PUBLICATION OF A SUMMARY OF UNCODIFIED DISTRICT ORDINANCE NO. 279 ESTABLISHING REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY CONNECT TO JOB 6523 (ST. MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT (CAD) 2011 -1) IN LAFAYETTE Submitted By. Initiating DeptJDiv.: Elaine R. Boehme, Administrative Department Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: R. Bailey General Manag 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. 279. 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. 279, which was adopted by the Board at its meeting of July 25, 2013, was published in the Contra Costa Times and the San Ramon Valley Times on July 31, 2013. Proofs of publication are attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of uncodified District Ordinance No. 279. Attached Supporting Documents: 1. Contra Costa Times Proof of Publication 2. San Ramon Valley Times Proof of Publication N:\ADMINSUP\ADMIN \DIST- SEC \Position Papers\2013 \PP- Confirm Publication Ordinance No. 279.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. MARTINEZ CA 94553 -4316 PROOF OF PUBLICATION In the matter of FILE NO. ord 279 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: 7/31/2013 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 31th day of July, 2013. Signa l5re Legal No. SUMMARY OF ORDINANCE NO. 279 AN ORDINANCE (UNCODIFIED) OF THE CENTRAL CONTRA COSTA SANITARY DISTRI CT TO ESTABLISH REIM- BURSEMENT FEES FOR THE PROPERTIES WHICH COULD DI- RECTLY CONNECT TO JOB 6523 (ST. MARY'S ROAD CAD 2011.1) IN LAFAYETTE Ordinance No. 279 Wricodified) estab- lishes Reimbursement Fees of $27,797 for Non- participant As- sessment Numbers 1, 3, 7. 9. 10, and 12 and $25,297 for Non- participant Assess- ment Number 6 for Job 6523 (St. Mary's, Road CAD No. 2011 -1) in La- fayette,'in accordance I Ith District Code Chapter 6.20 "Reim- bursement Fees" and the District's Contrac- tual Assessment Dis- trict Program. The re- imbursement fees set forth by this ordinance shall be administered, adjusted, and collect- ed according to the provisions of said Chapter and Program. NOTE: The above is a summary of major highlights of the pro- posed ordinance. A reading of the entire ordinance may be nec- essary to obtain a full understanding of the fee proposed. A certi- fied copy of the full text of the proposed ordinance is posted and may be read in the Secretary of the Dis- trict's office zit 5019 Imhoff Place. Martinez, California, and /or a copy may be obtained from the office. Adopted: July 25, 2013 AYES: Members: Causey. McGill, Pilecki, Williams, Neiedly NOE: Members: None ABSTAIN: Members: None /s/ James A. Neiedly James A. Ne edly President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Cos- ta. State of California COUNTERSIGNED /s/ Elaine R. Boehme Elaine R. Boehme. CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Cos- ta. State of California Approved as to Form: /sJ Kenton L. .Alm Kenton L. Alm. Esg, Counsel for the Dis- trict PUBLISH: July 31. 2013 SRYT #4926834 Jul 31,2013 0004926834 RECEIVED Contra Costa Times PO Box 4147 '} Walnut Creek, CA 94596 (925) 935 -2525 i Adm'l' • Sal CENTRAL CC SANITARY ANN /ACCOUNTS PAYABLE,5019 IMHOFF PL. MARTINEZ CA 94553 -4316 PROOF OF PUBLICATION In the matter of FILE NO. Ordinance 279 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: 7/31/2013 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 27th day of August, 2013. Signature Legal No. 0004926472 SUMMARY OF ORDINANCE N (.279 AN ORDINANCE (UNCODIFIED) OF THE CENTRAL CONTRA COSTA SANITARY WSTRICT TO ESTAB• LiSH REIMBURSEMENT FEES FOR THE PROPER- TES WHICH COULD DIRECTLY CONNECT TO JOB 6523 (ST. MARY'S ROAD CAD 2011.1) IN LA• FAYErrE Ordinance No. 279 (Uncodified) establishes Re- imbursement Fees of $27,797 for Non- participant Assessment Non-participant a 1d 7 for Assess- ment Number tr for Job 6523 (St Mary's Road CAD No. 2411.1) in Lafayette, in accordance with District Code Chapter 6.20 "Reimburse- ment Fees" and the District's Contractual As- sessment District Program. The reimburse- ment fees set forth by this ordinance shall be administered, adjusted and collected accord- ing to the provisions R said Chapter and Pro- gram. NOTE: The above is a summary of major high- lights of the proposed ordinance. A reading of the entire ordinance may be necessary to ob- tain afull 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 District's Office at 5419 Imhoff Place, Martinez, California, and/or a copy may be obtained from the affite. Adopted: July 25, 2013 AYES: Members: Causey, McGill, Pilecki, Wil- liams, Nejedly NOE: Members: None ABSTAIN: Members :None /s/ James A. Nejedly James A. Ne3edly President of the Board of Directors 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 CentraP Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: /s/ Kenton L. Alm Kenton L. Alm, Esq. Counsel for the District CCT# 4986472 July 31.2013