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Home My WebLink About03.d. Confirm Publication re Ordinance 261Central Contra Costa Sanitary District 3 ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 4, 2010 subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 261 (UNCODIFIED) ESTABLISHING THE "STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION, 2010 EDITION" AS THE DISTRICT'S STANDARD SPECIFICATIONS I N ACCORDANCE WIT DISTRICT CODE SECTION 9.08.010 Submitted By Elaine R. Boehme Secretary of the District Initiating Dept. /Div.: Administrative Department REVIEWED AND RECOMMENDED FOR BOARD ACTION: Elaine R. Boehme Ja es . Kelly, Secretary of the Gen 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. 261. 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. 261 (uncodified) which was adopted by the Board at the meeting of August 5, 2010, and which establishes the "Standard Specifications for Design and Construction, 2010 Edition" as the District's standard specifications in accordance with District Code Section 9.08.010, was published in the Contra Costa Times and the San Ramon Valley Times on August 19, 2010. Proof of publication is attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 261. Page 1 of 7 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. Ord. 261 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. 1 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 California, 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: 8119/2010 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Legal No 0003626893 Executed at Walri t�CrVk, Cal}6rd On this tl�da f' temb9 , 201 SUMMARY OF ORDI- NANCE NO. 361 AN ORDINANCE OF THE CENTRAL CONTRA COS- TA SANITARY ) DIISTRICT L NN�T1HE "STAND- ARD SPECIFICATIONS FOR DESIGN AND COW STRUCTION, 2010 EDZ• TION" AS THE DIS• TRICI S STANDARD SPECIFICATIONS IN AC- CORDANCE WITH Di TRICT CHAS SECTION NOTEi The above Is a summary of major high- lights f the ordinance. A mad�ng of the entire ordinance may be nec- understanding. A cep fled copy of the full text of the ordinance is post- ed and may be read In the Secretary of the Dis- trict's Office at 5019 Imhoff Place, Martinez and/or a copy may be obtained from the of- fice. Adopted: August S. 2010 AYES: Members.. HockeM LuCe!(, Meneslnl. Nejeay, McGill NOES: Members None ASSENT•, Members:None /s/ Michael R. McGill President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of Callfornla COUNTERSIGNED: The Standard Speciflca- tlons will be effective an the eighth day following publication of this sum- mary in a newsppaper of general circulation with- in We DW,fC . /s/ Elaine & 8oehme C o Secret of the Central Sanitary District, county Of Contra n C I o a sta- State of Callfor- Approved as to Form: /s/ Kenton L Alm Kenton L Alm District Counsel Au& 19.2010 San Ramon Valley Times PO Box 68 Danville, CA 94526.0068 (925) 837 -4267 Central CC Sanitary Ann/Accts Payable,5019 Imhoff PI. Martinez CA 945534316 PROOF OF PUBLICATION FILE NO. ord 261 uncodiffe 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 California, 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: 8/19/2010 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. On California. Legal No. 0003628521 Signature SUMMARY OF ORDINANCE NO. 241 AN ORDINANCE OF THE CENTRAL CONTRA COS- TA SANITARY DISTRICT (UNCODIFIED) ESTAB- LISHING THE "STAND- ARD SPECIFICATIONS FOR DESIGN AND CON- STRUCTION, 2010 EDI- TION" AS THE OIS- TRICT'S STANDARD SPECIFICATIONS W AC- CORDANCE WITH DIS- TRICT CODE SECTION 9.08.010 NOTE: The above Is a s of major high- light0o7the ordinance. A reading of the entire ordinance may be nec- essary to obtain a full understanding q certi- fied copy of me full text of the ordinance is post- ed and may be read in the Secretary of the Dis- trict's Office at 5019 Imhoff Place, Martinez and/or a copy may be obtained from the of- fice. Adopted; August 5, 2010 AYES: Members: Merles nl. Neledly, McGill NOES: Members None ABSENT: Members: None /s/ Michael R. McGill President of the District Board of the Cermal Contra Costa Sanitary District, County of Contra Costa. State of California The standard Specifica- tlons will be effective on the eighth day ollowing publication oethis sum- p mary In a newspaper of In tl Distrw�atlon wbh- COUNTERSIGNED: /s/ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa. State of California Approved Kenton L am r � Kenton L. Alm District Counsel SRVT *3628621 Aug 2% 2010