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Home My WebLink About04.e Publication of Summary of Uncodified District Ord. No. 260Central Contra Costa Sanitary District /Ja i ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 2, 2010 Subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 260 (UNCODIFIED) - ADOPTING AN AMENDMENT TO THE SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES TO INCLUDE FEES FOR PARTICIPATION IN THE CONNECTION FEE DEFERRAL PILOT PROGRAM IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30 Submitted By: Initiating Dept. /Div.: Administrative Department Elaine R. Boehme Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: E. Boehme s M. Kelly, 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: No. 260. Confirm the publication of a summary of District Ordinance 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. 260 (Uncodified) which was adopted by the Board at the meeting of July 1, 2010, and which adopts an amendment to the schedule of environmental and development - related rates and charges to include fees for participation in the Connection Fee Deferral Pilot Program in accordance with District Code Chapter 6.30, was published in the Contra Costa Times and the San Ramon Valley Times on July 10, 2010. Proof of publication is attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 260. Page 1 of 3 Contra Costa Times Legal No. SUMMARY OF PO Box 4147 ORDINANCE N0.260 Walnut Creek, CA 94596 AN ORDINANCE OF THE CENTRAL CONTRA (925) 935 -2525 COSTA SANITARY DISTRICT ADOPTING AN UNCODIFIED AMENDMENT TO THE SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT- RELATED RATES AND CHARGES TO INCLUDE FEES FOR PARTICIPATION IN THE CONNECTION FEE Central CC Sanitary oEFPR AOT Ann /Accts Payable,5019 Imhoff Pl. IN CCOR Martinez CA 94553 -4316 CHAPTER 630 Ordinance No. 260 adopts an uncodlfled PROOF OF PUBLICATION amendment Item (E) Miscellaneous s of thhe Schedule of Environ. mental and FILE NO. ordinance 260 Rates Charges tablished by Ordinance No. 259 that adds two fees for participation In the Connection Fee De• fermi Pilot Program, as In the matter of follows: Contra Costa Times S or e The processing fee for each separate "Con- nectlon Fee Deferral PI- I am a citizen of the United States and a resident of the County lot Program Memoran- aforesaid; I am over the age of eighteen years, and not a party to shalll be ff$451 greement" or interested in the above - entitled matter. 7) In addition to the T5)) fee, the participa- 1 am the Principal Legal Clerk of the Contra Costa Times, a tion fee for each sepa- rate pro perty (Parcel) newspaper of general circulation, printed and published at 2640 fees fees are shall Shadelands Drive in the City of Walnut Creek, County of Contra be: $ilo. Costa, 94598 The new fees shall be ef- fective on the eighth has been er of newspaper a ud ed adj And which newspaper P P adjudged 9 following publica- day following tion of this Summary In a newspaper of general circulation by the Superior Court of the County of Contra Costa, circulation In the Dls- State of California, under the date of October 22, 1934. Case trict, and shall expire on Ju unl Number 19764. 10 1 Deferral Pilot Program Is extend- ed by the District Board o th rs, In p copy (set in t e not The notice, of which the annexed is a printed co type of maef would re- n ct In e until smaller than nonpareil), has been published in each regular and a the program expires, or the fees are amended by Or- entire issue of said newspaper and not in any supplement thereof dinance. on the following dates, to -wit: 7/1012010 NOTE: The above Is a summa of major high- lights o3 the proposed ordinance. A of reading the entire ordinance may be necessary to ob- taln a full understanding of all the changes pro- of the ful certified text f copy proposed ordinance Is posted and may be read In the Secretary of the District's Office at 5019 Imhoff Place, Martinez and/or a copy may be obtained from the of- fice. Adopted: July 1, 2010 AYE Nejediyy, McGill Meneslni, NOES:Members:None ABSENT:Members:None /s/ Michael R. McGill I certify (or declare) under the penalty of perjury that the foregoing Board of the the District is true and correct. Central Contra Costa Sanitary District, County of Contra Costa, Executed at Walnut Creek, California. State of California COUNTERSIGNED: COUNTERSIGNED: On this 12th- y of July, 2010. /s/ Elaine R. Boehme Secretary of Central County Signature of CuMraDlstrlct, Costa. o state of Califor- Approved as to Form: /s/ Kenton L Alm Kenton L Alm, District Counsel CT , 010 0003569271 San Ramon Valley Times Legal No PO BOX 68 SUMMARY OF ORDINANCE NO. 260 Danville, CA 94526 -0068 AN oRCENTR L°FTHE (925) 837 -4267 SANITA DISTRICT ADOPTING AN UNCODIFIEO AMENDMENTTO THE SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT- RELATED RATES AND CHARGES TO INCLUDE FEES FOR PARTICIPATION IN THE CONNECTION Central CC Sanitary D EFER RA L Ann /Accts Payable,5019 Imhoff PI. "LOT IN ACCORDANCE Martinez CA 94553 -4316 WITH DISTRICT CODE CHAPTER 630 Ordinance No. adopts an uncodJ PROOF OF PUBLICATION amendment Item Miscellaneous s of Schedule of Envi mental and Deve FILE NO. ORD. NO 260 Charnrgeslaestablliishhe No. 259 adds two fees for pa Ippation In the Con tlon Fee Deferral In the matter of Program, as follows: (E -6) The p rocessin for " San Ramon Valley Times each separate nectlon Fee Deferral am a citizen of the United States and a resident of the County lot Program Memo dum of Agr aforesaid; I am over the age of eighteen years, and not a party to shall be: SM or interested in the above - entitled matter. t In addition to the (E -5 fee, the participa- tion fee for each sepa- I am the Principal Legal Clerk of the Valley Times (Incorporating for which p rt connecction The Pleasanton Times) /San Ramon Valley Times, a newspaper of fees lip deferred snail general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598 The new fees shall be ef- fective on the eighth day following publlca- tion of Summary In And which newspaper has been adjudged a newspaper of general pp this a n cul s f a er thgeneral circulation by the Superior Court of the County of Contra Costa trict, and shall expire on State of California, under the date of May 1, 1947. Case Number June 30, 2011 unless the Connection F ee Deferral 39468. Pilot Program Is extend- ed by the District Board The notice, of which the annexed is a printed copy (set in type not of Directors, In which case the fees would re- main In effect until the smaller than nonpareil), has been published in each regular and progr expires, or the fees are amended by Or- entire issue of said newspaper and not in any supplement thereof dlnance. on the following dates, to -wit: NOTEr The above Is a 7/10/2010 lights of th pro ordinance A reading of the entire ordinance may be necessary to ob- taln a full understanding of all the changes pro- u posed. full certified of the proposed lanordinance ad Pn the Secretary of the District's Office at 5019 Imhoff Place, Martinez and/or a copy may be obtained from the of- fice. Adopted: July 1, 2010 AYES: Members: Hockett, Lucey Menesini, Ne)e�f McGill NOES:Members:None ABSENT.Members:None /s/ Michael FL McGill President of the District I ce rtif y r declare under the enal of er u that the fore oin fy ( ) P tY P 1 rY 9 9 Board Centr the Central l Contra Costa is true and correct. % Sanitary District, County of Contra Costa, State of California Executed at Walnut Creek, Cali Ornia. COUNTERSIGNED: On this 12t p y Of Uly, 20 % /s/ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District. County of Contra Costa. State of California Signature LI/ Approved as to Form: Kenton /s/ L Alm Kenton L Alm, District Counsel SRVT#3567JH 0003569969