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Home My WebLink About03.f. Confirm Publication re Ordinance 263Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 4, 2010 Subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 263 AMENDING CHAPTER 6.12 OF THE DISTRICT CODE TO PROVIDE AN OPTION FOR INSTALLMENT PAYMENT OF CAPACITY FEES WHEN A PROPERTY OWNER CONNECTS AN EXISTING HOME TO THE DISTRICT'S PUBLIC SEWER SYSTEM AND CONCURRENTLY ABANDONS THE SEPTIC TANK SYSTEM SERVING THE PROPERTY Submitted By: Elaine R. Boehme Secretary of the District Initiating Dept. /Div.: Administrative Department REVIEWED AND RECOMMENDED FOR BOARD ACTION: 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. 263. 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. 263 which was adopted by the Board at the meeting of September 2, 2010, and which amends Chapter 6.12 of the District Code to provide an option for installment payment of capacity fees when a property owner connects an existing home to the District's public sewer system and concurrently abandons the septic tank system serving the property, was published in the Contra Costa Times and the San Ramon Valley Times on September 17, 2010. Proof of publication is attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 263. Page 1 of 5 E sine R. Boehme roes M. Ily, Secretary of the reneral Manager District 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. 263. 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. 263 which was adopted by the Board at the meeting of September 2, 2010, and which amends Chapter 6.12 of the District Code to provide an option for installment payment of capacity fees when a property owner connects an existing home to the District's public sewer system and concurrently abandons the septic tank system serving the property, was published in the Contra Costa Times and the San Ramon Valley Times on September 17, 2010. Proof of publication is attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 263. Page 1 of 5 Contra Costa Times Legal No. Public Notice PO Box 4147 Walnut Creek, CA 94596 SUMMARY OF ORDINANCEN0.263 (925) 935-2525 AN ORDINANCE OF THE CENTRAL CONTRA COS- TA SANITARY DISTRICT AMENDING CHAPTER 6.12 OF THE DISTRICT CODE TO PROVIDE AN OPTION FOR INSTALL- MENT PAYMENT OF CA- PACITY FEES WHEN A PROPERTY OWNER CON- NECTS AN EXISTING Central CC Sanitary TTRICCTS PURLc THE Payable,5019 Imhoff Pl. RE nv ABANDONS NA aE Martinez CA 94553 -4316 SEPTIC TANK SYSTEM SERVING THE PROPERTY Ordinance No. 263 PROOF OF PUBLICATION am ends Chapter p of the District Code to pro- to vide an option for in- stallment payment of FILE NO. ORDINANCE NO Capacity Fees when a property owner con- nects an existing home to the District's public sewer system and con - currently abandons the septic tank system serv- In the matter of dinance ii °�d t he fol- lowing requirements for Contra Costa Times property owners who elect to participate in I am a citizen of the United States and a resident of the County the Capacity Fee Install- aforesaid; I am over the age of eighteen years, and not a party to ment Payment Program: or interested in the above - entitled matter. . e rties residential conv er t ed erties being converted from private septic tank I am the Principal Legal Clerk of the Contra Costa Times, a systems to public sewer service would be eligl- newspaper of general circulation, printed and published at 2640 ble to participate; Shadelands Drive in the City of Walnut Creek, County of Contra lic application for the an Costa, 94598 interest installment p a y ment program would be as spstifled in the Sched- Environmental And which newspaper has been adjudged a newspaper of g eneral 1 9 9 ul of and Development - circulation by the Superior Court of the County of Contra Costa Related Rates and State of California, under the date of October 22, 1934. Case t Charge gram; Number 19764. 3.To participate In the program, a property The notice, of which the annexed is a p copy (Set in a not printed co type owner would be re- qutred to execute a smaller than nonpareil), has been published in each regular and P g Promissory note and a recordable Memoran- entire issue of said newspaper and not in any supplement thereof dum of Agreement with the District; on the following dates to -wit: 9/17/2010 4.The Board would del- egate the responsibility for executing and re- cording pro am docu- ments to th General Manager or his or her designee; S.Annual installment p ayments would be col - ected on the Contra Costa County Property Tax Roll. NOTE: The above Is a summary of the ordi- nance A reading of the entire ordinance may be necessary for a full un- derstanding of its con- tent A certified copy of the full text of the ordi- nance is on file with the Secretary of the District, and is available for pub- lic inspection at the Dis- trict Office, 5019 Imhoff Place, Martinez, Califor- or declare under the p enalty of p erjury that the fo I certify ( ) P Y P 1 rY 9 9 be and/or a copy t he o ma be obtained from t� is true and correct. lice. Adopted: September 2, Executed at Walnut Creek, California. _d'a 2010 O this -17th September 2010. P AYES: Members:Hockett, Luce Menesini, -� yy McGill, NOES i ABSENT:Members:None s/s James A. NeJedly S ignature President of the District Board of the Central Contra Costa Sanitary District, County Contra Costa, 0003667408 State of Camornia COUNTERSIGNED: S/s Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of Califor- nia ME366 1408 as to Form: L. Alm Alm, Distric t g V 17, 200 San Ramon Valley Times Legal No SUMMARY OF PO Box 68 ORDINANCE NO. 263 Danville CA 94526 -0068 AN ORDINANCE OF THE (925) 837 -4267 CENTRAL CONTRA COS- TA SANITARY DISTRICT AMENDING CHAPTER 6.12 OF THE DISTRICT CODE TO PROVIDE AN OPTION FOR INSTALL- MENT PAYMENT OF CA- PACITY FEES WHEN A PROPERTY OWNER CON- NECTS AN EXISTING HOME TO THE DIS- TRICT'S PUBLIC SEWER SYSTEM AND R- Central CC Sanitary ENTLY ABANDONS�T E Ann/Accts Payable,5019 Imhoff Pl. SERRVNGTHEPRO PROPE Martinez CA 94553 -4316 Ordinance No. 263 amends Chapter 6.12 of the District Code to pro- PROOF OF PUBLICATION vide an option for in- stallment payment of Capacity Fees when a property owner con - FILE NO. Ord NO 263 to the Di st exi ub'lic sewer system ana con- currently abandons the septic tank system serv- Ing the property. The or- dinance Includes the fol- In the matter O lowing requirements for o p p e rty owners who elect to participate In San Ramon Valley Times the Capacity Fee Install- ment Payment Program: I am a citizen of the United States and a resident of the County 1. Only residential prop - aforesaid; I am over the age of eighteen years, and not a party to erties being converted or interested in the above - entitled matter. from private septic tank systems to public sewer service would be ellgl- I am the Principal Legal Clerk of the Valley Times (Incorporating ble to participate; The Pleasanton Times) /San Ramon Valley Times, a newspaper of and tI terest the general circulation, printed and published at 2640 Shadelands installment a ment as Drive in the City of Walnut Creek, County of Contra Costa, 94598 u ed I ° the s hed ule of Environmental and Development - And which newspaper has been adjudged a newspaper of general Related Rates and 1 9 g Charges for the capaci- circulation by the Superior Court of the County of Contra Costa ty Use Charge Program; State of California, under the date of May 1, 1947. Case Number 3. To participate In the 39468. ownerr wou d property re- quired to execute a The notice, of which the annexed is a printed copy (set in type not era cie note has been published in each regular and the of Agreement with smaller than nonpareil), P 9 the District; entire issue of said newspaper and not in any supplement thereof 4, The Board would del - on the following dates to -Wit: egate the responsibility 9/17/2010 for executing and re cording program docu- ments to the General Manager or his or her designee; S. Annual Installment ,gunts CContra Costa County Property Tax Roll. NOTE: The above Is a summary of the ordi- nance. A reading of the entire ordinance may be necessary for a full un- derstanding of its con- tent. A certified copy of the full text of the ordl- nance Is on file with the Secretary of the District, and is available for pub- lic inspection at the Dis- trict Office, 5019 Imhoff Place, Martinez, Califor- nia, and/or a copy mq be obtained from the of- I certify (or declare) under the penalty of perjury that the foregoing fl ` e ' is true and correct. Adopted: September 2, 2010 AYES: Members:Hockett, Executed at'VWa ut Creek, California. Lucey McGill, Menesini, Omthis 17 Of r P f Se t , 2010. Neiediy NOES: Members: None ABSENT: Members: None s/s James A. NeJedly President of the District Board of the Central Signature Contra Costa Sanitary District, County of Contra Costa, State of California 0003667400 COUNTERSIGNED: s/s Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa. State of California S Kenton LAlm Form: Kenton L Alm District Counsel SRV7 #3667400 Sep 17.2010