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Reso 2017-894 RESOLUTION NO. 2017-894 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT PUBLICATION OF ORDINANCE NO. 117 CLARIFYING WHEN ELECTED CANDIDATES TAKE OFFICE AND CHANGING DISTRICT'S HEADQUARTERS HAS OCCURRED WHEREAS, the Board of Directors on January 26, 2017 adopted Ordinance No. 117 clarifying when elected candidates take office and changing District's headquarters, and WHEREAS, that Ordinance was published in the Newport Beach/Costa Mesa Daily Pilot on February 17, 2017, and WHEREAS, Health and Safety Code Section 6490 provides that an order of the Board that publication has occurred is conclusive evidence that publication has properly been made; NOW, THEREFORE, the Board of Directors does hereby resolve: That it is hereby ordered and decreed that publication of Ordinance No. 117 clarifying when elected candidates take office and changing District's headquarters has occurred. PASSED and ADOPTED on this 9-3 day of x.10 017. fte)tA ( keL>L i Secretary, Costa Mesa Sanitary District wilsident, Cost. Mesa Sanitary District Board of Directors Board of Directors 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 Resolution No. 2017-894 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 23 day of February, 2017 by the following vote: AYES: Scheafer, Ferryman, Ooten, Perry NAYES: None ABSTAIN: None ABSENT: Schafer IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this ; day of February 2017. i ?Noel.ni dd-nway Clerk of the Costa esa Sanit-ry District SLos Anelcs mimes MEDIA G ROUP RECEIVED FEB 27 2017 c M 15tao. r Sold To: COSTA MESA SANITARY DISTRICT-CU00069897 290 Paularino Ave Costa Mesa,CA 92626 Bill To: COSTA MESA SANITARY DISTRICT-CU00069897 290 Paularino Ave Costa Mesa,CA 92626 ORDINANCE NO.117 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT CLARIFYING WHEN ELECTED CANDIDATES TATO: OFFICE AND CHANGING THE DIS- TRICTS HEADQUARTERS AD- DRESS WHEREAS, when candi- dates 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 Opera- tions Code provided that those certified as elected shall enter office on or after noon of the first Fri- day in December after the election and upon taking the oath of office;and WHEREAS,confusion ex- ists in the state law and in the Operations Code as to when an elected candi- date 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 begin • - ning of the term of office; and WHEREAS, the Board of Directors does hereby de- sire to clarify its Operations Code so that it is dear when elected can- didates take office;and WHEREAS, the Board has recently purchased and remodeled a build- ing that it is using as its headquarters facility and desires to officially recog- nize that fact and amend its Operations Code to so provide. NOW, THEREFORE, the 4790600-Orange Coast Daily Pilot Board of Directors of the Costa Mesa Sanitary Dis- Page 2 of 2 trict does hereby ORDAIN as follows: Itos Angeles Mimes MEDIA GROUP Section 1. That Section 3.010.020 of the Dis- trict's Operations Code is amended to read: '3.01.025 Election of Board of Di- rectors and Selection of Officers. (a)Directors shall take of- fice on the earliest date and time that the District Clerk can practically ar- range it, and only after all three events have oc- curred: Lit 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 re- sults 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 3.010.050 of the Dis- trict's Operations Code is amended to read: '3.01.050 Board Head- quarters/Place of Meet- ings. The headquarters of the District shall be at 290 Paularino Avenue, Costa Mesa, California. The Board of Directors shall conduct its regular meet- ings at that location un- less notice is otherwise gam. Section 3. Should any part, clause or section of this Ordinance be de- dared by any Court of competent jurisdiction to be invalid,the remains provisions of this Ordi- nance 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 enforce- ment of the remaining provisions of this Ordi- nance that may stand on their own. Section 4. The District Civic shall cause this or- dinance 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 Arlene Schafer,Secretary Mike Scheafer,President Alan Burns,District Coun- sel Los Aucics Mimes MEDIA GROUP PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook 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 action for which the attached notice was published. I am a principal clerk of the Orange Coast Daily Pilot, which was adjudged a newspaper of general circulation on Jan 14,1938,Cases A6214 for the City of Costa Mesa,County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Feb 22,2017 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on this?-day of g ,20 n . (signature] 435 N. Michigan Ave. Chicago,IL 60611 4790600-Orange Coast Daily Pilot Page 1 of 2 Eos Angeles mimes MEDIA GROUP Sold To: COSTA MESA SANITARY DISTRICT-CUOOO69897 290 Paularino Ave Costa Mesa,CA 92626 Bill To: COSTA MESA SANITARY DISTRICT-CUOOO69897 290 Paularino Ave Costa Mesa,CA 92626 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 DIS- TRICT'S HEADQUARTERS AD- DRESS WHEREAS, when candi- dates 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 Opera- tions Code provided that those certified as elected shall enter office on or after noon of the first Fri- day in December after the election and upon taking the oath of office;and WHEREAS, confusion ex- ists in the state law and in the Operations Code as to when an elected candi- date 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 begin- ning of the term of office; and WHEREAS, the Board of Directors does hereby de- sire to clarify its Operations Code so that it is clear when elected can- didates take office;and WHEREAS, the Board has recently purchased and remodeled a build- ing that it is using as its headquarters facility and desires to officially recog- nize that fact and amend • its Operations Code to so provide. NOW, THEREFORE, the 4790600- Newport Harbor News Press Combined With Daily Pilot Board of Directors of the Costa Mesa Sanitary Dis- Page 2 of 2 trill does hereby ORDAIN as follows: los AuQC1CS Mimes MEDIA GROUP PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook 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 action for which the attached notice was published. I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952,Cases A24831 for the City of Newport Beach,County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Feb 22,2017 I certify(or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on thi, . day of eg- ,20 f / [signature] 435 N.Michigan Ave. Chicago,IL 60611 4790600- Newport Harbor News Press Combined With Daily Pilot Page 1 of 2 Ito, Angeles Mimes MEDIA GROUP Section 1. That Section 3.010.020 of the Dis- trict's Operations Code is amended to read: 3.01.025 Election of Board of Di- rectors and Selection of Officers. (a)Directors shall take of- fice on the earliest date and time that the District Clerk can practically ar- rai and only after all three events have oc- curred: lit is a date and time that is after noon of the frst 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 re- sults 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 3.010.050 of the Dis- trict's Operations Code is amended to read: "3.01.050 Board Head- quarters/Place of Meet- ings. The headquarters of the District shall be at 290 Paularino Avenue, Costa Mesa, California. The Board of Directors shall conduct its regular meet- ings at that location un- less notice is otherwise gam" Section 3. Should any part, clause or section of this Ordinance be de- clared by any Court of competent jurisdiction to be invalid,the remaining provisions of this Ordi- nance 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 enforce- ment of the remaining provisions of this Ordi- nance that may stand on their own. Section 4. The District Clerk shall cause this or- dinance 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 Arlene Schafer,Secretary Mike Scheafer,President Alan Burns,District Coun- sel