Ord 2005-48ORDINANCE NO. 48
AN ORDINANCE OF THE BOARD DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT DELEGATING DESIGN
APPROVAL AUTHORITY TO THE DISTRICT ENGINEER
WHEREAS, the California Government Code extends design immunity to
officers of the District to whom the Board delegates design approval authority;
and
WHEREAS, the Board of Directors does hereby desire to delegate such
authority to the District Engineer:
NOW, THEREFORE, the Board of Directors does hereby ORDAIN:
Section 1. That section 3.03.020 of the District Operations Code is
amended to read as follows:
"Section 3.03.020. District Engineer. The Board may appoint an
engineer to design various projects for the District and to render engineering
advice to the District. The District Engineer is authorized to approve designs as
to reasonableness of public improvements for which Board approval is not
required. Such discretionary authority is hereby delegated to the District
Engineer for the purpose of the design immunity defense provided in
Government Code 830.6 or successor statue. The approval of design extends to
"as builts" which are accepted."
Section 2. 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 of Orange
County, California, 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 3. Pursuant to Health and Safety Code Sections 6490 and
6491.3, the 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 take effect upon the expiration of one week after publication.
PASSED and ADOPTED this d day of 2005.
Secretary President
0
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that
the above and foregoing Ordinance No. 48, was duly and regularly passed and
adopted by said Board of Directors at a regular meeting thereof, held on the 10th
day of February 2005 by the following vote:
AYES: James Ferryman, Greg Woodside, Arthur Perry, Arlene Schafer,
Dan Worthington
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this day of AA 2005.
A-r' lrwL
Clerk of te Costa Rl;e�sa Sanitary District