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Home My WebLink About03.e confirm publication Ordinance 258 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 15, 2010 Type of Action: CONFIRM PUBLICATION Subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 258 (UNCODIFIED) - ADOPTING A SCHEDULE OF CAPACITY FEES, RATES AND CHARGES IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.12 No.: 3 .e.. Consent Calendar Submitted By: Elaine R. Boehme Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Initiating Dept./Div.: Administrative Department ~ E. Boehme 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. 258. FINANCIAL IMPACTS: None. AL TERNATIVES/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. 258 (Uncodified) which was adopted by the Board at the meeting of April 15, 2010, and which adopts a schedule of capacity fees, rates and charges in accordance with District Code Chapter 6.12, was published in the Contra Costa Times and the Valley Times on May 5, 2010. Proof of publication is attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 258. Page 1 of 3 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 PROOF OF PUBLICATION FILE NO. Ordinance 258 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 Califomia, 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: 5/5/2010 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, Califomia. On this 5t day of May, 2010. Legal No. SUa&tAIY Of ORDlNANClllo. ZSI AN ORDINANCI Of THE CDITIW. CONTIA CGSrA SAIlITAIlY DIS11lICI' ADOP1IIlG AN UNCODlfIID SCIIIDUU 01' CAPACITY FED, RATIS AND ClfAllGlS It ACCORDAIICI WITH DISTIlIC1' COOl CHAP11II U2 Ordinance No. 258 adopts an uncodlfled "Schedule of Caoaclty Fees. Rates and Charg- es" Including an In- crease In the Gravity ClI- pac~ Fees from S5.298 to $5.451 per Residential Unit Equivalent, and a decrease In the Pump- Ing Capaclty Fee from $1.651 to $1,641 per Resi- dential Unit Equivalent. These Increases result in a Gravity Zone Fee (Zone 1) of $5.451 per Residential Unit Equiva- lent, and a Pumpec! Zone Fee (Zone 2) of $7.092 per Residential Unit EquIvalent. The new fees will be effective on July I, 20100 NOTE: The above Is a summary of maJor high- lights Of the proooSed ordinance. A ri!ad1ng 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 proPQsed ordinance Is ~ and may be read In the ~ of the Dlstrlct"s OffIce at 5019 Imhoff Place. Marti- nez and/or a copy may be obtained fron'j the of. flee. Adopted: April 15. 2010 AYES:Members:Hockett. LUCey~. Meneslnl, Ne)ed . MCGill NOES: embers:None ABSENT:Members:None /5/ Michael A. McGill Michael R. McGill President of the District Board of the Central Contra Costa sanitary District, County of Contra Costa. Stale Of California COUNTERSIGNm: /5/ Elaine A. Boehme Elaine A. Boehme Secretary of the Central Contra COsta sanitary District, County of Contra Costa. State of California Approved as to Form: /5/ Kenton L Aim Kenton L Aim DIstrict Counsel ccr#3G'l7lO UayI,2DlI 0003475760 San Ramon Vallev 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 FILE NO. Sum of Ord. 258 In the matter of 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 ofCalifomia. 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: 5/5/2010 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Legal No. SUUIoIARY Of ORIllNAHCI NO. 211 AN ORDllWlCl Of lNl CENlRAL CONTRA COSTA SANITARY DlS1llIC1' ADOPI1N8 AN UHCODlFIID SCHEDULI Of CAPACITY FIlS, RAllS AND CllARGES IN ACCORDANCI WITH DIS1RICI' CODI CHAPRR IoU OrdInance No. 258 ado~ an unc:ocllfted -SChedule of CaoacItY Fees, Rates and Ch~. es- Including an In- crease In the Gravity Ca. paclty Fees from .$5.298 to $5,451 per Residential Unit equivalent. and a decrease In the Pump- Ing Capacity Fee froin $1;&51 to $1,641 ~ Resi- dential Unit Equivalent. These Increases result In a Gravity Zone Fee (Zone 1) of $5,451 per Residential Unit Equlva. lent, and a Pumpec! Zone Fee (Zone 2) of $7,092 per Residential Unit Equivalent. The new fees will be effective on July 1,2010. NOTrl The above Is a summary of major high- lights of the propoSed ordinance. A reading of the entire ordinance may be necessary to 0b- tain a full understanding of all of the changes propOSed. A certlfled copy of the full text of the proposed ordinance Is POsted and may be read In the SecretarY of the DIstrlct's Office at 5019 Imhoff Place, Marti. nez and/or a copy may be obtained frorri the of. flee. Adopted: April 15, 2010 AYES:Members:Hockett. LU~l(1 Meneslnl. Neje(liIY. McGill NOES:Members:None A8SENT:Members:None 15/ Michael R.. McGill MIchael R. McGill president of the DIstrlct Board of the Central Contra COsta sanitary Dlstrlct, County of Contra Costa. State Of California COUNTERSIGNED: 15/ Elaine R. Boehme Elaine R. Boehme $eCretary of the Central Contra COsta sanitary Dlstrlct, County of Contra costa. State Of California Approved as to Fonn: 15/ Kenton L Aim Kenton L Aim Dlstrlct COunsel SRV1'~ May s..0 0003475866