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HomeMy WebLinkAbout1959-05-13 - Ordinance No. 1ORDINANCE NO. 1 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT ESTABLISHING AND PROVIDING FOR ORGANIZATION AND PROCEDURE. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF YORBA LINDA COUNTY WATER DISTRICT AS FOLLOWS: Section 1. REGULAR MEETINGS. (a) Time. The Board of Directors shall hold regular meetings on the second Wednesday of each month at 7:00 P.M.; provided, however, that when the day fixed for any regular meeting of the Board of Directors falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday. (b) Place. All regular meetings of the Board shall be held at the present offices of the Yorba Linda Water Company, 4866 S. Olinda, Yorba Linda, California. Section 2. SPECIAL MEETINGS. The President shall call special meetings of the Board of Directors whenever in his opinion the public business may require it, or at the express written request of any two members of the Board of Directors. Whenever a special meeting shall be called, a notice in writing shall be served upon each member of the Board, either in person or by notice left at his place of residence or place of business, stating the date and hour of the meeting and the purpose for which such meeting is called. Section 3. AGENDA. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Board of Directors shall be delivered to the General Manager of the Ordinance No. 1 -1- District by noon, two days prior to the Board of Directors meeting. The Secretary of the District shall, under direction of the General Manager, immediately arrange a list of such matters according to the Order of Business, and furnish a copy of such list to each member of the Board of Directors, General Manager, and the Attorney for the District, as far in advance of the meeting as time for preparation of such list will permit. No matters shall be presented to the Board for action other than those previously filed and included on the list, with the exception of those matters of an urgent nature which have the unanimous approval of all Directors present. Section 4. THE PRESIDING OFFICER-ELECTION AND DUTIES. The President of the District and the Vice-President shall be elected annually at the regular meeting of the Board in January of each year. The President shall assume the chair of the Presiding Officer immediately after his election. The President shall preserve strict order and decorum at all regular and special meetings of the Board. He shall state every question coming before the Board, announce the decision of the Board on all subjects, and decide all questions of order, subject, however, to an appeal to the Board, in which event a majority vote ot the Board shall govern and conclusively determine such question of order. He shall vote on all questions, his name being called last. He shall sign all ordinances and resolutions adopted by the Board during his presence. In the event of the absence of the President, the Presiding Officer shall sign ordinances or resolutions as then adopted. Section 5. CALL TO ORDER-PRESIDING OFFICER. The President, or in his absence, the Vice-President, shall take the chair at the hour appointed for the meeting, and shall immediately call the Board to order. In the absence of the President or Vice-President, Ordinance No. 1 -2- the Secretary, or his assistant, shall call the Board to order, whereupon a temporary chairman shall be elected by the members of the Board present. Upon the arrival of the President or Vice-President, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Board. Section 6. ROLL CALL. Before proceeding with the business of the Board, the Secretary or his assistant shall call the roll of the members, and the names of those present shall be entered in the Minutes. Section 7. QUORUM. A majority of all the members elected to the Board shall constitute a quorum at any regular or special meeting of the Board. In the absence of a quorum, the President shall, at the instance of any two members present, compel the attendance of absent members, or adjourn the meeting for the purpose of obtaining a quorum. Section 8. ORDER OF BUSINESS. All meetings of the Board shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the Board, the Secretary, Attorney for the District, and General Manager of the District, shall take their regular stations in the Board room, and the business of the Board shall be taken up for consideration and disposition in the following order: 1. Roll Call 2. Approval of Minutes of Previous Meeting 3. Petitions, Remonstrances and Communications 4. Introduction and Adoption of Resolutions and Ordinances 5. Report of Officers-Board-Committees Ordinance No. 1 -3- 6. Unfinished Business 7. New Business 8. Miscellaneous 9. Appropriations 10. Adjournment Section 9. READING OF MINUTES. Unless a reading of the Minutes of the Board meeting is requested by a member of the Board, such Minutes may be approved without reading if the Secretary has previously furnished each member with a synopsis thereof. Section 10. RULES OF DEBATE. (a) Presiding Officer May Debate and Vote, Etc. The Presidnet or such other member of the Board as may be presiding, may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Board member by reason of his acting as the Presiding Officer. (b) Getting the Floor-Improper Reference to Be Avoided. Every member desiring to speak shall address the chair, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (c) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein othersiwe provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (d) Privilege of Closing Debate. Ordinance No. 1 -4- The Board member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (3) Motion to Reconsider. A motion to reconsider any action taken by the Board may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the Board from making or ramking the same or any other motion at a subsequent meeting of the Board. (f) Remarks of Board Members-When Entered In Minutes. A Board member may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Baord entered in the Minutes. If the Board consents thereto, such statement shall be entered in the Minutes. (g) Synopsis of Debate-When Entered in Minutes. The Secretary may be directed by the Presiding Officer, with consent of the Board, to enter in the Minutes a synopsis of the discussion on any question coming regularly before the Board. Section 11. ADDRESSING THE BOARD. Any person desiring to address the Board shall first secure the permission of the Presiding Officer or so to do. Section 12. ADDRESSING THE BOARD AFTER MOTION MADE. After a motion is made by the Board, no person shall address the Board without first securing the permission of the Ordinance No. 1 -5- Board so to do. Section 13. MANNER OF ADDRESSING BOARD-TIME LIMIT. Each person addressing the Board shall step forward, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Board, shall limit his address to five (5) minutes. All remarks shall be addressed to the Board as a body and not to any member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Board, without the permission of the Presiding Officer. No question shall be asked a Board member except through the Presiding Officer. Section 14. SILENCE CONSTITUTES AFFIRMATIVE VOTE. Unless a member of the Board states that he is not voting, his silence shall be records as an affirmative vote. Section 15. MEMBERS MAY FILE PROTESTS AGAINST BOARD ACTION. Any member shall have the right to have the reasons for his dissent from, or protest against, any action of the Board entered on the Minutes. Section 16. DECORUM. (a) By Board members. While the Board is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Board nor disturb any member while speaking or refuse to obey the order of the Board or its Presiding Officer, except as otherwise herein provided. (b) By Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous whil addressing Ordinance No. 1 -6- the Board shall be forthwith, by the Presiding Officer, barred from further audience from the Board, unless permission to continue be granted by a majority vote of the Board. Section 17. SPECIAL COMMITTEES. Any special committees shall be appointed by the Presiding Officer, unless otherise directed by the Board. Section 18. STANDING COMMITTEES. The only standing committees of the Board shall be the Committee of the Whole, the Finance Committee, the Engineering Sewage Committee, the Engineering Water Committee, and the Legal and Policy Committee. The President of the Board shall be the Presiding Officer of the Committee of the Whole. The rules of proceedings in the Board shall be observed in all standing committees as far as the same may be applicable. Section 19. ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACTS. (a) Preparation of Ordinances. All ordinances shall be prepared by the Attorney for the District. No ordinance shall be prepared for presentation to the Board unless ordered by a majority vote of the Board or requested in writing by the General Manager, or prepared by the Attorney for the District on his own initiative. (b) Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Board, have been approved as to form and legality by the Attorney for the District or his authorized representative, and shall have been examined and approved for administration by the General Manager or his authorized representative, where there are substantive matters of administration involved. All such instruments shall have first been referred to the head of the department under whose jurisdiction the administration of the subject matter of the ordinance, Ordinance No. 1 -7- resolution or contract document would devolve and be approved by said department head; provided, however, that if approval is not given, then the same shall be returned to the General Manager with a written memorandum of the reasons why such approval is withheld. In the event the questioned instrument is not redrafted to meet a department head objection, or objection is not withdrawan and approval in writing given, then the General Manager shall so advise the Board and give the reasons advanced by the department head for witholding approval. (c) Introducing for Passage or Approval. (1) Ordinances, resolutions and other matters or subjects requiring action by the Board must be introduced and sponsored by a member of the Board, except that the General Manager or Attorney for the District may present ordinances, resolutions and other matters or subjects to the Board, and any Board member may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered. (2) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practicable all ordinances shall be introduced as amendments to existing ordinances or sections thereof. Section 20. REPORTS OF COMMITTEES The committees shall make their reports in writing, and shall return any petitions, resolutions, accounts or other papers submitted for their consideration. Section 21. REPORTS AND RESOLUTIONS TO BE FILED WITH SECRETARY. All reports and resolutions shall be filed with the Ordinance No. 1 -8- Secretary and entered on the Minutes. Section 22. ADJOURNMENT. A motion to adjourn shall always be in order and decided without debate. Ordinance No. 1 -9-