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HomeMy WebLinkAbout09.b. Confirm publication of Summary of Codified District Ordinance No. 289 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 17, 2016 Subject. CONFIRM PUBLICATION OF SUMMARY OF CODIFIED DISTRICT ORDINANCE NO. 289 Submitted By. Initiating Dept./Div.: Elaine R. Boehme, Administration Department Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Roger S.Baley 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. BACKGROUND: District Ordinance No. 289, which was adopted by the Board at its meeting on February 4, 2016, adopted several changes to District Code Chapters 6.24.060 and 6.24.070 which extend the period of time for which sewer service charge refunds can be made for certain situations where no sewer service was provided. A summary of Ordinance No. 289 was published in the Contra Costa Times and the San Ramon Valley Times on March 2, 2016. Proofs of publication are attached. ALTERNATIVES/CONSIDERATIONS: Establishes presumption that the ordinance was correctly published and therefore would be deemed procedurally valid by a court. FINANCIAL IMPACTS: None. COMMITTEE RECOMMENDATION: This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION: Confirm the publication of summary of codified District Ordinance No. 289. Attached Supi)ortinq Documents: 1. Contra Costa Times and San Ramon Valley Times Proofs of Publication for Ordinance No. 289 N:\ADMINSUP\ADMIN\DIST-SEC\Position Papers\2016\PP-Confirm Publication Ordinance No.289.doc Page 1 of 1 Contra Costa TIMOS Legal No. 0005681379 'ATTACHMENT 1 175 Lennon Lane, Suite 100 SUMMARY OF ORDINANCE NO.289 Walnut Creek, CA 94598 AN ORDINANCE OF THE 925-943-8019 CENTRAL CONTRA COSTA SANITARY DISTRICT REVISING DISTRICT CODE CHAPTERS 6.24.060 AND 62AOTO Ordinance No.289 adopts several changes to 2003732 District Code Chapters 6.24.060 and 6.24.070 which extend the period of time for which sewer service charge refunds can be made for certain Situations where no sewer service was CENTRAL CC SANITARYpprovided.The revised code will be effective on ANN/ACCOUNTS PAYABLE March 15,2016, NOTE:The above is a summary of major high- 5019 I MHOFF PL. lights of the Ordinance. A reading of the entire Ordinance may be necessary to obtain a full MARTINEZ, CA 94553-4316 understanding of all of the changes. A certi- fied copy of the full text of the ordinance is posted and may be read in the Secretary of the District's Office at 5019Imhoff Place;Martinez ce/ora Copy may be obtained from the of. PROOF OF PUBLICATION fiAdopted: February 4,2016 FILE NO. Ord 289 AYES:Members: Causey, McGill, Williams, Pilecki NOES:Members:None ABSENT:Members:Nejedly /s/Tad J.Pilecki ........................................_................................................................ President of the Board Central Contra Costa Sanitary District In the matter of COUNTERSIG ED of Contra Costa State of California Contra Costa Times /s/Elaine R Boehme eMc _ Secretary of the District am a citizen of the United States. I am over the age of eighteen County ContraContra°Costasta a,,Sc tee Districtry California years and I am not a party to or interested in the above entitled Approved as to Form-/s/,Kenton,L.Alm,Esq ,__ matter. I am the Legal Advertising Clerk of the printer and District Counsel CCT/SRYT#5681379;Mar.2,2016 publisher of the Contra Costa Times, a newspaper published in the English language in the City of Walnut Creek, County of Contra Costa, State of California. I declare that the Contra Costa Times is a newspaper of general circulation as defined by the laws of the State of California as determined by court decree dated October 22, 1934, Case Number 19764. Said decree states that the Contra Costa Times is adjudged to be a newspaper of general circulation for the City of Walnut Creek, County of Contra Costa and State of California. Said order has not been revoked. I declare that the notice,of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 03/02/2016 1 certify(or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 2nd day of Marsch,2016. Signature r.LPs1a-12:01ns 1 Son Ramon Valley Times Legal No. 0005681379 PO Box 4718 SUMMARY OF ORDINANCE NO.289 Walnut Creek, CA 94596 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT REVISING DISTRICT CODE CHAPTERS 8.24.060 AND 6.24.070 Ordinance No.289 adopts several changes to 2003732 District Code Chapters 6.24.060 and 6.24.070 which extend the period of time for which sewer Service charge refunds can be made for certain situations where no sewer service was CENTRAL CC SANITARY provided. The revised code will be effective on March 15,2016. ANN/ACCOUNTS PAYABLE NOTE:The above is a summary of major high- 5019 IMHOFF PL. lights of the ordinance. A reading of the entire ordinance may be necessary to obtain a full MARTINEZ, CA 94553-4316 understanding of all of the changes. A certi- fied copy of the full text of the ordinance is posted and may be read in the Secretary of the District's Office at 5019 Imhoff Place,Martinez fice or a copy may be obtained from the of- PROOF OF PUBLICATION Adopted:February 4,2016 FILE NO. Ord 289 AYES:Members: Causey, McGill, Williams, Pilecki NOES:Members:None ABSENT:Members.,Nejedly /s/Tad,1 Pilecki..... President of the Board Central Contra Costa Sanitary District In the matter of COUNTERCounty SIGNEpContra Costa State Of California San Ramon Valley Times ts/Efaine R.B" 11 CMc _ ........... Secretary of the District am a citizen of the United States. I am over the age of eighteen CutotCosta Sanitary f CoCoseDistrict years and I am not a party to or interested in the above entitled Approved as to Form:/ Kenton L Alm,_Esq,_ matter. I am the Legal Advertising Clerk of the printer and District Counsel publisher of the San Ramon Valley Times(formerly Valley CCT/SRVT#5681379;Mar.2,2016 Pioneer), a newspaper published in the English language in the Town of Danville, County of Contra Costa, State of California. I declare that the San Ramon Valley Times(formerly Valley Pioneer)is a newspaper of general circulation as defined by the laws of the State of California as determined by court decree dated April 28, 1947, Case Number 39468. Said decree states that the San Ramon Valley Times is adjudged to be a newspaper of general circulation for the Town of Danville, County of Contra Costa and State of California. Said order has not been revoked. I declare that the notice,of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 03/02/2016 1 certify(or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 2nd day of March, 2016. Signature ,.EiP313-12:07/15 1