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Home My WebLink About03.e. Confirm Publication re Ordinance 262Central Contra Costa Sanitary District BOARD OF DIRECTORS 3.e.0 POSITION PAPER Board Meeting Date: November 4, 2010 subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 262 (UNCODIFIED) ESTABLISHING REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY OR INDIRECTLY CONNECT TO DISTRICT PROJECT 5919 ( ALHAMBRA VALLEY TRUNK SEWER AVAD 2007 -1); AND DIRECTLY CONNECT TO JOB 6412 (MONTEIRA AVAD 2007 -4); JOB 6439 (RELIEZ VALLEY AVAD 2007 -3); JOB 6441 (QUAIL AVAD 2007 -6); JOB 6442 (GORDON /MILLTHWAIT AVAD 2007 -2) AND JOB 6450 (VIA VAQUEROS AVAD 2008 -7) IN ALHAMBRA VALLEY Submitted By Initiating Dept. /Div.: Elaine R. Boehme Administrative Department Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Elaine R. Boehme Secretary of the District James Kelly, General anager 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. 262. 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. 262 (uncodified) which was adopted by the Board at the meeting of September 2, 2010, and which establishes reimbursement fees for the properties which could directly or indirectly connect to District Project 5919 (Alhambra Valley Trunk Sewer AVAD 2007 -1); and directly connect to Job 6412 (Monteira AVAD 2007 -4); Job 6439 (Reliez Valley AVAD 2007 -3); Job 6441 (Quail AVAD 2007 -6); Job 6442 (Gordon /Millthwait AVAD 2007 -2) and Job 6450 (Via Vaqueros AVAD 2008 -7) in Alhambra Valley, was published in the Contra Costa Times and the San Ramon Valley Times on September 17, 2010. Proof of publication is attached. Page 1 of 6 POSITION PAPER Board Meeting Date: November 4, 2010 Subject. CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 262 (UNCODIFIED) ESTABLISHING REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY OR INDIRECTLY CONNECT TO DISTRICT PROJECT 5919 ( ALHAMBRA VALLEY TRUNK SEWER AVAD 2007 -1); AND DIRECTLY CONNECT TO JOB 6412 (MONTEIRA AVAD 2007 -4); JOB 6439 (RELIEZ VALLEY AVAD 2007 -3); JOB 6441 (QUAIL AVAD 2007 -6); JOB 6442 (GORDON /MILLTHWAIT AVAD 2007 -2) AND JOB 6450 (VIA VAQUEROS AVAD 2008 -7) IN ALHAMBRA VALLEY RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 262. Page 2 of 6 Contra Costa Times Legal No Public Notice PO Box 4147 Walnut Creek, CA 94596 SUMMARY OF ORDINANCE NO. 262 (925) 935 -2525 AN ORDINANCE (UNCODIFIED) OF THE CENTRAL CONTRA COS- TA SANITARY DISTRICT TO ESTABLISH REIM- BURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY OR IN- DIRECTLY CONNECT TO DISTRICT PROJECT 5919 (ALHAMBRA VALLEY Central CC Sanitary 2007 -1); S EWER AND D Ann /Accts Pa able,5019 Imhoff PI. Y CONNECT TO Joe 611: (MONTEIRA AVAD 2007 - Martinez CA 94553 -4316 4k JOB 6439 (RELIEZ VALLEY AVAD 2007 - 3); JOB 6141 (QUAIL AVAD 2W-6); JOB 6442 PROOF OF PUBLICATION AVAD LT AND AVAD 2007 -2) AND JOB 6450 (VIA VAQUEROS AVAD 2008 -7) IN ALHAM- FILE NO. ORDINANCE NO. BRA VALLEY ordinance No. 262 (Uncodified) establishes Reimbursement Fees of $21,643 per parcel for di- rect connections to Dis- In the matter of trict Project 5919 (Al- hambra Valley Trunk Sewer D Cei Contra Costa Times per p for in -- direct connections to I am a citizen of the United States and a resident of the County District Project 5919; aforesaid; I am over the age of eighteen years, and not a party to $13,992 per parcel for connections to Job 6412 or interested in the above - entitled matter. 52222 ,11 p ( 6 1 r p AVAD zoo? -4 er parcel for connections to Job 6439 I am the Principal Legal Clerk of the Contra Costa Times, a (Rellez Valley AVAD 2 007 - 3); SX1 64 per par - newspaper of general circulation, printed and published at 2640 ce Lane) f or connections Qu Shadelands Drive in the City f Walnut Creek, Count of Contra y ree y Job 6441 ( AVAD 2007 -6)p $29,116 per par - Costa, 94598 cel (without access to Quail Lane for connec- t%ons to Job 6441 (Quail AVAD 2007. 1 AVAD And which newspaper 1 9 newspaper has been adjudged a news a er of general per parcel for conne c- circulation by the Superior Court of the County of Contra Costa, tions to Job 6442 State of California, under the date of October 22, 1934. Case (Gordon /Millthwalt AVAD 2007 -2); and Number 19764. IM030 per parcel for connections to Job 6450 (Via Vaqueros AVAD The notice, of which the annexed is a printed copy (set in type not 2008.7) In accordance with District Code Chap- smaller than nonpareil), has been published in each regular and ter 620 "Reimbursement Fees." The reimburse - entire issue of said newspaper and not in any supplement thereof meat fees set forth by on the following dates, to -wit: 9/17/2010 this ordinance shall be a a co II ect� adjusted c Q' to the provisions of said Chapter. NOTE: The above Is a summary of major high - llghts of the proposed ordinance. A reading of the entire ordinance may be necessary to ob- full taln a understanding of the fee proposed. A certified copy of the full text of the proposed or- dinance Is posted and may be read In the Sec- retary of the Distrlct's office at 5019 Imhoff Place, Martinez, Callfor- nla, and/or a copy mayy be obtained from the of - fice. Adopted: September 2, 2010 AYES: Members: Hockett, Luce McGill, Menesini, I certify (or declare) under the penalty of perjury that the foregoing NOES: is true and correct. ABSENT:Members:None ! Executed at Walnut Creek C l i fO rnia. s/s Michael R. McGill President the District On this 17th- Se to !Se 10. of Board of the .,. -- ,4y_of , Central Contra Costa Sanitary District, County of Contra Costa, ,.r' Z State of California COUNTERSIGNED: Signature s/s Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra 0003667425 costa, state of cantor - nia Approved as to Form: s/s Kenton L- Alm Kenton L A I m District Counsel CCT# 3667425 Sept. 17, 2010 San Ramon Valley Times Legal No. SUMMARY OF PO Box 68 ORDINANCE NO. 262 Danville, CA 94526 -0068 AN ORDINANCE (UNCOD- (925) 837 -4267 ONNTRA COSTA RY DISTRICT TO ESTAB- LISH REIMBURSEMENT FEES FOR THE PROPER- TIES WHICH COULD DF RECTLY OR INDIRECTLY CONNECT TO DISTRICT PROJECT 5919 (ALHAM- BRA VALLEY TRUNK SEWER AVAD 2007 -1r AND DIRECTLY CONNECT Central CC Sanitary AVAD �� Ann /Accts Pa able,5019 Imhoff PI. Y VALLEY AVAD Martinez CA 94553 -4316 2W-3 2007 -3); J08 6411 (QUAIL AVAD JOB wag (CORDON /MILLTNWAIT ON/M AVA 2007 -2) AND JOB 6450 IA VAQUEROS UB-7) PROOF OF PUBLICATION AVAD 2 IN ALNA BRA VALLEY Ordinance No. 262 FILE NO. Ord No 262 Reimbursement Fishes of $21,643 per parcel for di- rect connections to Dis- trict Project 5919 (Al- hambra Valley Trunk Sewer AVAD 2007 -1); In the matter of d' ectt p conne%tions r i to San Ramon Valley Times District Project 5919; $13 ,992 per parcel for connections to lob 6412 I am a citizen of the United States and a resident of the County (Monteira AVAD 2007 -4); aforesaid; I am over the age of eighteen years, and not a party to $22,611 per parcel for connections to Job 6439 or interested in the above - entitled matter. (Rellez 2007-3) valley AVAD 2007 -3 • $34,164 per par- to I am the Principal Legal Clerk of the Valley Times (Incorporating cel (with access Quail Job 6441 The Pleasanton Times) /San Ramon Valley Times, a newspaper of 2007 -6)• $29,116 per par - cel ( without access to general circulation, printed and published at 2640 Shadelands Q aff( Lane for co Quail t to Job 6441 (Quai / Drive in the City of Walnut Creek, County Contra Costa, 94598 AVAD 20070; $11,721 of per parcel for connec- tions to Job 6442 And which newspaper has been adjudged a newspaper of general AV AD oorrdo hwalt circulation by the Superior Court of the County of Contra Costa, $25,030 per parcel for State of California, under the date of May 1, 1947. Case Number (via `Vaqueroos ° 39468. 2008 -7) In accordance with District Code Chap- ter 6.20 "Reimbursement The notice, of which the annexed is a printed copy (set in type not Fees." The reimburse - ores ante forth be smaller than nonpareil), has been published in each regular and t his administered adjusted entire issue of said newspaper and not in any supplement thereof and coll according' on the following dates to -wit: Chapterrovisions of said 9/17/2010 NOTE The above Is a summary of major high - Ilghts the of proposed Ordinance. A reading of the entire ordinance may be necessary to ob- tain full a understanding of the fee proposed. A certified copy of the full text of the proposed or- dinance Is posted and be in the Sec- may read retary of the District's Office at 5019 Imhoff Place, Martinez, Califor- nia, and/or a copy mayy be obtained from the of- fice. Adopted: September 2, 2010 AYES: Members:Hockett, LuceY McGill, Menesini, Neledry NOES: Aembers:None ABSENT: Members:None I certify (or declare) under the penalty of perjury that the foregoing s/s Michael R. McGill is true and correct. President of the District Board of the Central Contra Costa Sanitary Executed pt-VV4nut Creek, California. District, county of Contra Costa, On this -17th, f September 2010. State of California COUNTERSIGNED: / s/s Elaine R. Boehme Secretary of the Central Contra Costa Sanitary Sigflature County of Contra Costa, State of California Approved as to Form: s/s Kenton L Alm 0003667377 ' K¢rrton Coun a � pistris� 1 62010