Note: Prior history: §§9 and 11 of By-laws;
Ord. 102, 177 and 196.
There hereby is enacted and adopted the Marin Municipal Water
District Code as that code has been published by Book Publishing Company
of Seattle, Washington.
(Ord. 300 §1, 1989)
This code shall be known as the "Marin Municipal Water District
Code" and it shall be sufficient to refer to said code as the "Marin
Municipal Water District Code" in any prosecution for the violation
of any provision thereof or in any proceeding at law or equity. It
shall also be sufficient to designate any ordinance or resolution
adding to, amending, correcting or repealing all or any part or portion
thereof as an addition to, amendment to, correction of, or repeal
of the "Marin Municipal Water District Code." Further reference may
be had to the titles, chapters, sections and subsections of the "Marin
Municipal Water District Code" and such reference shall apply to that
numbered title, chapter, section or subsection as it appears in this
code.
(Ord. 300 §1, 1989)
Whenever a reference is made to this code as the "Marin Municipal
Water District Code" or to any portion thereof, or to any ordinance
or resolution of the Marin Municipal Water District, the reference
shall apply to all amendments, corrections and additions heretofore,
now, or hereafter made.
(Ord. 300 §1, 1989)
This code consists of all of the regulatory and penal ordinances
and certain of the administrative ordinances and resolutions of the
Marin Municipal Water District.
(Ord. 300 §1, 1989)
Unless the context otherwise requires, the following words and
phrases where used in the ordinances and resolutions of Marin Municipal
Water District shall have the meaning and construction given in this
section:
"Code"
means the "Marin Municipal Water District Code."
"Person"
means any natural person, firm, association, joint venture,
joint stock company, partnership, organization, club, company, corporation,
business trust, or their manager, lessee, agent, servant, officer,
or employee or any of them.
"State"
means the state of California.
Gender.
The masculine gender includes the plural, and the plural
the singular.
Tenses.
The present tense includes the past and future tenses, and
the future tense includes the present tense.
Title of office.
The use of the title of any officer, employee, department,
board or commission means that officer, employee, department, board
or commission in Marin Municipal Water District.
(Ord. 300 §1, 1989)
Title, chapter and section headings contained herein shall not
be deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions of any title, chapter or section
hereof.
(Ord. 300 §1, 1989)
The provisions of this code shall not in any manner affect deposits
or other matters of record which refer to, or are other- wise connected
with ordinances or resolutions which are therein specifically designated
by number or otherwise and which are construed to apply to the corresponding
provisions contained within this code.
(Ord. 300 §1, 1989)
Neither the adoption of this code nor the repeal or amendment
hereby of any ordinance or resolution or part or portion of any ordinance
or resolution or part or portion of any ordinance or resolution of
the district shall in any manner affect the prosecution for violations
of ordinances, which violations were committed as a waiver of any
license, fee, or penalty at said effective date due and unpaid under
such ordinances or resolutions, nor be construed as affecting any
of the provisions of such ordinances or resolutions relating to the
collection of any such license, fee or penalty, or the penal provisions
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof required to be posted, filed,
or deposited pursuant to any ordinance or resolution, and all rights
and obligations thereunder appertaining shall continue in full force
and effect.
(Ord. 300 §1, 1989)
It is neither the intent of the board of directors of the Marin
Municipal Water District nor the effect of this code that any special
ordinances or resolutions of Marin Municipal Water District be in
any way amended, repealed, superseded or in any other way effected
by the adoption of this code.
(Ord. 300 §1, 1989)
This code shall become effective on the date the ordinance adopting
this code as the "Marin Municipal Water District Code" shall become
effective.
(Ord. 300 §1, 1989)
If any section, subsection, sentence, clause, phrase, portion,
or part of this code is for any reason held to be invalid or unconstitutional
by any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this code. The board of
directors hereby declares that it would have adopted this code and
each section, subsection, sentence, clause, phrase, part, or portion
thereof, irrespective of the fact that any one or more sections, subsections,
clauses, phrases, parts, or portions be declared invalid or unconstitutional.
(Ord. 300 §1, 1989)
Note: For statutory provisions requiring the board to
act only by ordinance, resolution, or motion, see Cal. Water Code
§ 71276. For statutory provisions requiring the ayes and
noes on an ordinance to be recorded in the journal of the proceedings
of the board, see Cal. Water Code § 71277. For statutory
provisions defining the enacting clause of all ordinances, see Cal.
Water Code § 71280. For statutory provisions authorizing
ordinances to be passed by the electorate, see Cal. Water Code § 71530.
For statutory provisions authorizing a veto of an ordinance by the
voters, see Cal. Water Code § 71531. See also Cal. Water
Code § 71637. For statutory provisions pertaining to the
adoption of resolutions and motions, see Cal. Water Code § 71279.
Every original ordinance and every original resolution passed
and adopted by the board of directors, shall be signed by the president
of the board and shall be attested by the secretary, and shall show
the meeting at which, and the vote (by ayes and noes) by which, the
same was passed and adopted. The seal of the district shall be affixed
to all ordinances and resolutions and they shall be kept on file in
the office of the secretary.
(Ord. 300 §1, 1989)
The publication of any notice, proposal or other matter ordered
published by the board of directors shall be made in a newspaper of
general circulation, and in a manner required by law; and upon its
having been published as ordered, such publication shall be evidenced
by the affidavit of the printer of the newspaper (or his foreman or
principal clerk) annexed to a copy of the document or notice, specifying
the times when, and the paper in which the publication was made; which
affidavit shall be kept on file in the office of the secretary of
the district.
(Ord. 300 §1, 1989)