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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 > 4 41/ Secretary Pr: ident APPROVED AS TO FORM: District Counsel