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HomeMy WebLinkAbout1954-03-24; Municipal Water District; 01; Meetings, records, rules & seal* ** 4/2/5& ORDINANCE NO. 1 - ? AN ORDINANCE PROVIDING FOR THE CAUING AND HOLDIN OF REGULAR AND SPECIAL MSETfXGS OF THE BOaRD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, DETmINING TEE TIME AND PLACE OF SUCH BEETINGS, HOW ITS X!3CORDS SHAU BE mPT, ESTABLISHDJG RUBS AND R3GULATfONS GOVERNING PR0CEDbB.E OF SAID BOARD, AND PRESCRIBING THE OFFICIAL SEAL OF TIE WSTRICT. 3 BE IT QRDAINED by the Board of Directors of the Carlsbad Nunicipal Watt District as follows: Section 1. The meetings of the Board of Directors of the Carlsbad Mun: pal Water District shall be he16 within the boundary of the territory over which district exercises jurisdiction. Regular meetings of the Board of Directors sha: held without notice on the third Thursday of each month at the hour of 7:30 p.m, the office of the Carlsbad Mutual Water Company, 601 Elm Street, Carlsbad, San D: County, California. Section 2; The special meetings of the Board of Directors of the Carl: Municipal Water District may be ordered and called at any time by the President t the Board of Directors of the District or by a majority of the members of said Bc of Directors, by delivering personally or by mailing a written notice ordering a] calling said meeting, to each member of the Board of Directors of this District I to each local newspaper of general circulation, radio station, or television st; requesting notice of special meetings, at least twenty-four (24) hours before tht time set forth for the holding of such meeting, 1 Said order and call shall specify the time and place of the special mec and the business to be transacted at said meeting, and no other business shall bc considered at such meeting by the Board of Directors. Section 3. If at any the, any regular meeting or any special meeting any adjourned meeting shall fall on a holiday, such meeting shall be held on the business day. If, by reason of fire, flood,,earthquake,or other emergency, it s: be unsafe to meet at the place designated for regular meetings, or at the place ified in the notice of any special. meeting, or at the place to which any meeting adjourned, then such meeting or tne adjourned meeting, may be held for the durat of the emergency at such place as is designated by the President of the Board of Directors of the District. Section 4. The Board of Directors of the District may adjourn any reg special or adjourned meeting to a time and place specified in the order of adjou ment. When any regular meeting or adjourned regular meeting is so adjourned, th journed meeting shall be deemed a regular meeting for all purposes, If the orde adjournment fails to state the hour at which the adjourned meeting is to be held shall be held at the hour specified in the ordinance for the holding of regular ings. 1 Section 5. At the first meeting of the Board of Directors in the mont January of each odd-nmbered year, the Board of Directors shall choose one of it members President of the Board. Section 6. All meetings of the Board of Directors of the District sha open and public and all persons shaU be permitted to S-tteild any meeting of the of Directors and all acts and deliberations of the Board of Directors shall be and conducted openly; provided, however, that nothing contained herein shall be to prevent the Board of Directors from holding executive sessions to consider th ployment or dismissal of a p.bl5-c officer or em?loyee, or to hear Complaints or charges brought against a p1$5iz officer or enployee of the District by another officer, person, or enpJ-oy?e5 unless such officer or employee requests a public ing, or prevent the Board cf Firectors from excluding from any such public or pr hearing during the exmii?atiou of a witness, any or all other witnesses in the 11 being investigated by the Bard of Directors of the District. Section 7. A mzwjority of the members of the Board of Directors of the District shall constitute a quorum for the transaction of business. i . .." k/2/54 LA, The Board of Directors of the District shall act only by ordinance, resolution or motion. a. On all ordinances, the roll shall be called and the ayes noes recorded in the minutes (journal) of the proceedings of the Board of Direc and the enacting clause of the ordinance shall be: !!BE IT ORDAINED by the Board Directors of the Carls'bad Municipal Mater District as foXbws:" . B - 7-C. Regolutions, motions aad orders may be adopted by a voice vote, but on demand of any member, the roll shaU be called ad the vote recorde "pD. No ordinance, motion or resolution shall be passed or bec effective without the affirmative vote of a majority of the members of the Boar Section 8, Except as otherwise provided by law or ordinance adopted this Board, "Roberts Rules of Order, Revised'' are hereby adopted as the rules of practice and procedure governing the conduct of the business and procedure befor this board. The President shall preside at all meetings and shall have a vote 0. matters before the board, In the absence of the President, the Vice-President SI preside, and in the absence of both, the presiding officer shall be elected by a majority vote of the members of the Board. Section 9, The minutes of the meetings of the Board of Directors shall recorded and kept by the Ekecutive Secretary in a book maintained for that purpo: entitled "Book of Minutes of the Meetings of the Board of Directors sf the Carlsl Municipal Water District". Unless otherwise expressly directed by the Board at * time of their adoption, all..ordinances and resolutions adopted by the Board may 1 referred to in the minutes of the meetings of the Board by number and title, but same shall be recorded in full in books kept for that purpose and entitled 'IBook Ordinances'l and "Book of Resolutions?', respectively. 1 The President or other person who may preside at the meeting, or the SE tary, shall authenticate the minutes, ordinances and resolutions after these have transcribe$ into the appropriate books, and when so authenticated shall constitut the official minutes, ordinances and resolutions of the Board of Directors of thf Carlsbad Municipal Water District. The minute book, the book of ordinances, and the book of resolutions sl: be kept at the office of the Executive Secretary at the principal place of businc of the District, Section 10. The seal, an impression of which is herewith affixed on tb page, and bearing the vords I'Carlsbad Municipal Water District, organized March 2 19541T, is adopted as the official seal of this District. Section 11, The order of business at all regular meetings of the Board Directors shall be as follows: (1) Reading and correction of the minutes of the preceding regular meeting and all intervening specialmeetings. (2) Reading and consideration of all correspondence addressed to the Board and received since the last regular meeting, Dl (3) Reading and consideration of all reports of officers, board members, special and standing committees, the general manager, comptroller, or other officer, submitted to the Board of Directors prior to or at said meeting, (4) Unfinished business. (5) New business. (6) Adjournment, Section 12. The President and Secretary, in addition to the respective duties imposed on them by law, shall perform such duties as may be imposed on the by the Board of Directors and the President may from time to time appoint one or more committees. . r.rr 4/2/54 - 12-8. The Treasurer, and such other person or persons as may authorized by the Board of Directors, shall draw checks or warrants to pay demar on the District when such demands have been audited and approved by the Board of Directors, - 12-B, The attorney shall be the legal advisor of the Districi and shall perform such duties as may be prescribed by the Board of Directors, !M, - 12-C. The Board of Directors shall designate a depository or positories to have the custody of the funds of the District, who shall give secz sufficient to secure the District against possible loss and who shall be author3 to and shall pay warrants or checks drawn by the District for demands against th District when approved by the Board of Directors. -. 12-D The Secretary, the Treasurer, and all other officers em played who may be required to furnish bond by the Board of Directors, shall give bonds conditioned for the faithful performance of their duties; and the premiums such bonds shall be paid by the District. 12-E No director shall in any manner be interested, directly indirectly, in any contract awarded or to be awarded by the Board of Directors, no officer or employee of the District shall in any manner be interested direct1 indirectly in any contract made by such officer or employee, pursuant to discret ary authority vested in him, or be interested in the benefits to be derived ther from. Provided, however, that no Director, officer or employee shall be deemed be interested, directly or indirectly, in any such contract if such director, em ployee or officer owns or controls directly or indirectly five per cent (576) or of the outstanding stock or securities of any corporation contracting with the D rict, or if such contract or instrument shall be entered into by said officer, Director or employee pursuant to the provisions of any ordinance or regulation o the District of uniform application, and which ordinance or regulation shall hav come effective prior to the making or execution of such contract or instrument, -* .fi, Section 13, These rules and regulations may be amended by a majority. of the members of the Board of Directors of the Carlsbad Municipal Water Distric any regular meeting, by the adoption of an ordinance amending this Ordinance or : section thereof. Section U. This ordinance shall take force and be in effect immediatl upon and after its adoption. Section 15, This ordinance is hereby declared to be an urgency measur1 necessary for the immediate preservation of the public peace, health and safety within the meaning of the Constitution and the laws of the State of California, and shall therefore go into immediate effect. A statement of the facts constitu such necessity is as follows: The inhabitants of a substantial portion of the Carlsbad Municipal Water District are in dire need of obtaining an immediate and adequate supply of water for domestic and agricultural use; and for the purpose t obtaining an adequate supply of water for said inhabitants and a supplemental sq of water for the remainder of the District, the inhabitants of the Carlsbad Muni, pal Water District have formed said District for the purpose of obtaining member in the San Diego County Water Authority and The Metropolitan Water District of Southern California, so that they may purchase Colorado River water for use withj the corporate area of the Carlsbad Municipal lJater District; and that it is necet sary that proceedings be immediately instituted and action taken from time to tir to obtain membership in said Authority and said The Metropolitan Water District, that the District may secure the supply of water so urgently needed for domestic 81 and agricultural use, ORDERED, ADOPTED AM) APPROVED by the Board of Directors of the Carlsbai Municipal Water District on the 24th day of March, 1954, at the first meeting of Board of Directors held pursuant to Section 8 of the Municipal Water District Aci l9ll, as mended, and call duly and regularly given,by the following vote, to wi- AYES: DIEIECTORS ROW, ZAHm, EWALD, FRY and KEXLY NOES: DIRECTORS NONE ABSENT : DIRECTORS NONE