Ord 2014-102ORDINANCE NO. 102
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT AMENDING
OPERATIONS CODE SECTION 3.01.045 PERTAINING TO
ALTERNATE DISTRICT ENGINEER
WHEREAS, a private civil engineer may serve as the District's Engineer to
perform civil engineering work on behalf of the District; and
WHEREAS, the Board of Directors may appoint an outside civil engineer as
Alternate District Engineer to prevent conflict of interest from arising when the District
Engineer is performing civil engineering services to private clients that are located within
the District's service area; and
WHEREAS, Section 3.01.045 of the District's Operations Code needs to be
amended to allow public agencies to serve as Alternate District Engineer.
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 3.01.045(a) is hereby deleted in its entirety and
replaced with the following:
"(a) District engineering work. A private civil engineer may serve as the
District's Engineer and is authorized to perform civil engineering work on behalf of the
District. District Engineer's proposals may be reviewed by an outside private civil
engineer or an engineer who is employed by a public agency under contract with the
District who shall review said proposals for appropriateness of cost. The Board may
appoint such outside civil engineer as Alternate District Engineer. Such outside civil
engineer shall report directly to the General Manager and shall submit any bill for
services directly to the General Manager. The District Engineer shall not recommend
that engineering work be awarded to his firm, but such proposals shall be made to the
General Manager, who shall make such recommendations.
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
Ordinance No. 102
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.
PASSED and ADOPTED this 18`h day of December, 2014
lti
Secretary Presi ent
Ordinance No. 102
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Ordinance No. 102 was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the 180
day of December, 2014 by the following votes:
AYES: FERRYMAN, SCHEAFER, PERRY, OOTEN, SCHAFER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 181n day of December, 2014.
V �
Clerk of the Co Mes Sa nary District