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Home My WebLink About03.f confirm publication Ordinance 259 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 15, 2010 No.: 3. f. Consent Calendar Type of Action: CONFIRM PUBLICATION Subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 259 (UNCODIFIED) - ADOPTING A SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES AND CHARGES IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30 Submitted By: Elaine R. Boehme Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Initiating Dept./Div.: Administrative Department ~ E. Boehme ~.Ke"Y, 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. 259. 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. 259 (Uncodified) which was adopted by the Board at the meeting of April 15, 2010, and which adopts a schedule of environmental and development-related rates and charges in accordance with District Code Chapter 6.30, 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. 259. 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. ORC 259 Uncodif 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 pe~ury that the foregoing is true and correct. Legal No. SUI&WIV Of OllDINAHCI NO. 2!J AN ORDIIWICI OfTH. CElfTIW. COIf1'RA COSTA SAIIrrARY DIS11lIC1' ADOf11IIClI AN UIICOOI'lm SCHEDUU Of ElMlONamrrAl. AND DlVlLOI'UINT-4IIUTED RAllS AND CIWl8IS IN ACCOIDANCI WITH DISTRICI' COOl CHAPTER'" Ordinance No. 2S9 adoDts an uncodlfled "SCIledule of Environ- mental and Development.Related Rates and Charges" where twenty.four fees remaln unchanged. forty-nIne fees Increase betWeen 1.6 to 18.7 per- cent. one fee decreases by 18.3 percent. and two new fees (one for Instal- latIon of side sewer cleanouts and one for Installation of OVerflow Protection Devices) are established The new fees will be e1Tectlve on July 1,201G. NOTE: The abOve Is a summary of major high- lights of the r;irooo5ed ordinance. A riladIng of the entire ordinance may be neceSsary to ob- tain a full understandIng of all the changes pro- posed. A certI1fed copy of the full text of the ~ro ed ordinance Is and may be read n the Se~ of the DIStrict's Offlce at 5019 Imhoff Place, Martinez and/or a c;opy may be obtained frOm the of- fice. Adopted: April I$, 2010 A YES:Members:Hockett, LUCey~ Meneslnl, Ne)ed: ,McGill NOES: embers:None ABSENT:Members:None 15/ Michael R.. McGill MIchael R.. McGill President of the District Board of tile Central Contra COsta sanitary District. County of COntra COSta, State of California COUNTERSIGNm: 15/ Elalne R.. Boehme ElaIne R.. Boehme Secretary of the Central Contra Costa sanitary District. County Of COntra COSta, State of Califor- nia Aooroved as to Fonn: 15/ Kenton L. AIm Kenton L. Aim DIstrict COUnsel c:c:rft47I7M ..... 2IDU 0003475764 San Ramon Vallev Times PO BOl( 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. 259 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 of Califomia, 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. ia. Legal No. SUIoWAIY Of 0RDI1lANCl1IO. 28 AN OllDINANCI 01' THI CIiNTRAL COtmtA COSTA SAlUTARY DIS1lIICr ADOPI'INfI AN UIICOIIIflID SCIIIDULI 01' ENVIROIIUIIlTAL AND DlVELCJIIMIIIT-RI1ATED RA1U AND CIWIGIS IN ACCOIDANCI W11111l1SrR1C1' COOl CIlAPTIR... Ordinance No. 259 ado~ an uncodlfled "SC:Iiedule of Environ- mental and Develop- ment-Related Rates and Chllllll!5" where l'Nenty- four fees remain un- changed, forty-nlne fees Increase betWeen 1.6 to 18.7 percent. one fee de- creases by 18.3 Percent. and two new fees (one for Installation of side sewer cleanouts and one for Installation of overflow Protectlon De- vices) are established. The new fees will be ef- fective on July 1, 201D. NOTII The above Is a SU(l1l11lll'Y of majOr high- lights or the DroooSed oidlnance. A riladlng of the entire ordinance m!l)' be n~ to ob- tain a full understanding of all the changes pro- posed. A certlfTed copy of the full text of the propOSed ordinance Is POsted and may be read In the ~ of the DiStrict's Office at 5019 Imhoff Place. Martinez and/or a 4;OPy may be obtained fniri'I the of- flce. Adopted: April 15. 2010 AYES:Members:Hockett. Lucey Meneslnl. Neleell". McGill NOES:Members:None ABSENT:Members:None /5/ Michael R. McGill Michael R. McGill President of the DIstrict Board of the Central Contra COsta sanitarY DIstrict, County of Contra COsta, State Of California COUNTERSIGNED: /5/ ELaine R. Boehme Elaine R. Boehme 5ecretaIY of the Central Contra Costa sanitarY DIstrict, COUnty of COntra Costa. State Of California Approved as to Fonn: /5/ Kenton L Aim Kenton L Aim DIstrict COunsel SRYT#3475711 May S. 21110 0003475758