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."
"Board of directors"
means the board of directors of the Marin Municipal Water District.
"County"
means the county of Marin.
"District"
means Marin Municipal Water District.
"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.
"Oath"
includes affirmation.
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.
Shall, may.
"Shall" is mandatory. "May" is permissive.
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)