Chapter 1.01
CODE ADOPTION
Sections:
1.01.020 Title, citation, and reference.
1.01.040 Custodian of code – Proof of code.
1.01.050 Codification authority.
1.01.070 Title, chapter and section headings.
1.01.080 Reference applies to all amendments.
1.01.090 Effect of code on resolutions – Future resolutions.
1.01.100 Effect of code on past actions and obligations.
1.01.120 Inconsistent resolutions.
1.01.010 Adoption.
The “Alderwood Water & Wastewater District Code,” as compiled from the resolutions of Alderwood Water & Wastewater District, is hereby adopted. [Res. 2670 § 1, 2016].
1.01.020 Title, citation, and reference.
This code shall be known as the “Alderwood Water & Wastewater District Code” and it is sufficient to refer to said code as the “Alderwood Water & Wastewater District Code,” “AWWD Code” or “AWWDC” in any proceeding at law or in equity. It shall be sufficient to designate any resolution adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the AWWD Code. Further reference may be had to the titles, chapters, sections and subsections of the AWWD Code and such references shall apply to those numbered titles, chapters, sections or subsections as they appear in the code. [Res. 2670 § 2, 2016].
1.01.030 Purpose of code.
The purpose of the AWWD Code is to have one place for District customers, Commissioners, staff, and members of the public to easily access the District’s rules and policies. [Res. 2670 § 3, 2016].
1.01.040 Custodian of code – Proof of code.
The General Manager or his/her designee shall be the Custodian of the AWWD Code. If needed to admit all or part of the AWWD Code into evidence at a court or administrative proceeding of the state, the Custodian of the AWWD Code may submit a written attestation that an attached version of the AWWD Code is authentic. This provision is intended to comply with Superior Court Civil Rule 44(a)(1). [Res. 2670 § 4, 2016].
1.01.050 Codification authority.
The General Manager or his/her designee shall have the following specific authority as to editing, rearranging, and/or grouping of resolutions in the AWWD Code:
(1) Editing resolutions to the extent deemed necessary or desirable for the purpose of modernizing and clarifying the language of such resolutions, but without changing the substance or meaning of any such resolution;
(2) Substituting for the term “this resolution,” where necessary, the terms “section,” “part,” “code,” “chapter,” “title,” or reference to specific section or chapter numbers, as the case may require;
(3) Correcting manifest errors in reference to other resolutions, laws and statutes, and manifest spelling, clerical or typographical errors, additions, or omissions;
(4) Dividing long sections into two or more sections and rearranging the order of sections to ensure a logical arrangement of subject matter; and
(5) Changing the wording of section captions, if any, and providing captions to new chapters and sections. [Res. 2670 § 5, 2016].
1.01.060 Authority of General Manager to make minor editorial corrections to amendments, updates, and revisions.
The purpose of this section is to grant nonsubstantive editorial authority to format future resolutions, amendments, and revisions to the AWWD Code so that textual changes are uniform to the provisions of the code.
(1) The General Manager shall provide for a uniform style and form of the AWWD Code by making minor corrections or revisions to any resolutions submitted for filing which do not affect their sense, meaning, effect or substance.
(2) Such changes include renumbering, relettering, capitalizing, punctuation, dividing provisions of the AWWD Code, providing new headings and catchlines, or correcting omissions or captions.
(3) The General Manager may substitute a current title of an agency, bureau, commission, committee, or commission to conform to changes to titles or duties enacted by law or resolution.
(4) The General Manager may substitute references to a title, chapter, or section of the AWWD Code to conform to changes to the AWWD Code enacted by resolution.
(5) The General Manager may also make minor editorial changes consistent with those outlined in AWWDC 1.01.050.
(6) Changes are subject to the approval of the Alderwood Water & Wastewater District Attorney. [Res. 2670 § 6, 2016].
1.01.070 Title, chapter and section headings.
Title, chapter and section headings contained in the AWWD Code 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 of this code. [Res. 2670 § 7, 2016].
1.01.080 Reference applies to all amendments.
Whenever a reference is made to this code as the AWWD Code or to any portion thereof, or to any resolution of the District, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. [Res. 2670 § 8, 2016].
1.01.090 Effect of code on resolutions – Future resolutions.
Not all resolutions of the District are adopted in this code; and the General Manager shall determine which resolution or provision thereof will be added to this code. The District’s goal is to include all resolutions and provisions thereof which are of general applicability. The determination not to include any resolution or provision thereof in this code shall not affect the validity or effect of said resolution or provision. [Res. 2670 § 9, 2016].
1.01.100 Effect of code on past actions and obligations.
Neither the adoption of the AWWD Code nor the repeal or amendment hereby of any resolution or part or portion of any resolution of Alderwood Water & Wastewater District shall be construed as a waiver of any interest, right, obligation, license, or fee at said effective date, nor be construed as affecting any of the provisions of such resolution and all rights and obligations thereunder appertaining shall continue in full force and effect. [Res. 2670 § 10, 2016].
1.01.110 Effect of repeal.
The repeal of a resolution shall not repeal the repealing clause of such resolution or revive any resolution which has been repealed thereby. [Res. 2670 § 11, 2016].
1.01.120 Inconsistent resolutions.
The AWWD Code is the primary document for rules, regulations, resolutions and policies of the District. All general resolutions of the District that are inconsistent with the AWWD Code are hereby superseded, rather than repealed. In the event any portion of this code is for any reason found or held to be invalid, the superseded resolution shall be revitalized and shall prevail. [Res. 2670 § 12, 2016].
1.01.130 Use of terms.
Throughout the AWWD Code, the words “sewer” and “wastewater” are used interchangeably and are intended to have identical meanings. [Res. 2670 § 13, 2016].
1.01.140 Severability.
If any section, subsection, sentence, clause or phrase of the AWWD Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The Board declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases have been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original resolution or resolutions shall be in full force and effect. [Res. 2670 § 14, 2016].