Ord 2017-117 ORDINANCE NO. 117
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
CLARIFYING WHEN ELECTED CANDIDATES
TAKE OFFICE AND CHANGING THE DISTRICT'S
HEADQUARTERS ADDRESS
WHEREAS, when candidates who are elected take office is determined by
the California Elections Code and the California Health and Safety Code; and
WHEREAS, Elections Code Section 10551 provides that the county
elections official shall declare the elected candidates no later than the Monday
before the first Friday in December; and
WHEREAS, based on that State law the Costa Mesa Sanitary District's
Operations Code provided that those certified as elected shall enter office on or
after noon of the first Friday in December after the election and upon taking the
oath of office; and
WHEREAS, confusion exists in the state law and in the Operations Code
as to when an elected candidate takes office; and
WHEREAS, the County Elections Official is not always able to certify the
final results on the date that the Elections Code sets forth as the beginning of the
term of office; and
WHEREAS, the Board of Directors does hereby desire to clarify its
Operations Code so that it is clear when elected candidates take office; and
WHEREAS, the Board has recently purchased and remodeled a building
that it is using as its headquarters facility and desires to officially recognize that
fact and amend its Operations Code to so provide.
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary
District does hereby ORDAIN as follows:
Section 1. That Section 3.01.020 of the District's Operations Code is
amended to read:
"3.01.025 Election of Board of Directors and Selection of Officers.
(a) Directors shall take office on the earliest date and time that the
District Clerk can practically arrange it, and only after all three events have
occurred:
1. It is a date and time that is after noon of the first Friday in
December.
2. The election results have been certified.
3. The Director has taken the oath of office.
(b) The Board shall select a President and Secretary from its members
after the date the election results are final and those selected have taken their
oaths of office. At that time a Vice-President and an Assistant Secretary may also
be selected. A new selection shall be made after each regular election for
directors by the voters of the district."
Section 2. That Section 3.01.050 of the District's Operations Code is
amended to read:
"3.01.050 Board Headquarters/Place of Meetings. The headquarters of the
District shall be at 290 Paularino Avenue, Costa Mesa, California. The Board of
Directors shall conduct its regular meetings at that location unless notice is
otherwise given."
Section 3. Should any part, clause or section of this Ordinance be
declared by any Court of competent jurisdiction to be invalid, the remaining
provisions of this Ordinance shall nevertheless be and remain in full force and
effect and the Board of Directors of the Costa Mesa Sanitary District, hereby
declares that each and every section, clause, provision or part of this Ordinance
would have been adopted and made a part of this Ordinance without the
adoption of any portion thereof and that the invalidity of any part or provision
hereof shall not in any way affect the validity or enforcement of the remaining
provisions of this Ordinance that may stand on their own.
Section 4. The District Clerk shall cause this ordinance or a summary
thereof to be published in a newspaper of general circulation printed and
published in the District according to law and it shall go into effect 30 days
thereafter.
PASSED and ADOPTED this 26 day of January , 2017
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Secretary Pr: ident
APPROVED AS TO FORM:
District Counsel