HomeMy Public PortalAbout13) 8A_Ord_12961City Council
September 18, 2012
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are consistent with each other and with state law.
Adopting Ordinance No. 12-961 will fix the typographical errors in Ordinances 12-953
and 12-955, as well as fix the inconsistent definitions of "emergency." Ordinance 12-
953 will now add a new Chapter 5.5 to Title 2, which is how the Ordinance was
originally drafted. Ordinance 12-955 was intended to add a new Chapter 10 to Title 2,
but due to a typographical error inadvertently added a new Chapter 10 to Title 9. This
Ordinance will remedy that mistake.
CONCLUSION:
Adoption of the Ordinance will fix the section numbering issues identified by the
codifier. In addition, Section 2560(a) will be amended to define emergency by
reference to Section 2701 and the definition of emergency in Section 2701 will be
amended to reflect the definition of "local emergency" in Government Code Section
8558(c).
FISCAL IMPACT:
There is no fiscal impact for this ordinance as it simply corrects organization and
language provided by previously adopted ordinances.
ATTACHMENT(S):
A. Ordinance No. 12-961
RIV #4831-5567-7200 vl
ORDINANCE NO. 12-961
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY, ADDING CHAPTERS FIXING
TYPOGRAPHICAL ERRORS IN ORDINANCES 12-953
AND 12-955 AND AMENDING THE DEFINITION OF
EMERGENCY
WHEREAS, on June 5, 2012, the City Council adopted Ordinance No. 12-953
adding Chapter 10 to Title 2 of the Temple City Municipal Code, which contained a new
Section 2560 defining the term "emergency," among other things; and,
WHEREAS, on June 5, 2012, the City Council adopted Ordinance No. 12-955
adding Chapter 10 to Title 9 of the Temple City Municipal Code; and,
WHEREAS, subsequently, typographical errors were discovered in these
ordinances relating to where these ordinances should be located within the City's .
Municipal Code, and the City Council desires to fix those errors; and,
WHEREAS, after the adoption of these ordinances, the City also noticed that the
definition of "emergency" in Section 2560 was inconsistent with the existing definition of
"emergency" in Section 2701, and the City Council desires to amend these definitions so
that they are consistent.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Amendment of Ordinance 12-953. Ordinance 12-953 is amended
to strike all references to "Chapter 10" and replace those with "Chapter 5.5."
SECTION 2: Amendment of Ordinance 12-955. Ordinance 12-955 is amended
to strike all references to "Title 9" and replace those with "Title 2."
SECTION 3: Amendment of Section 2701. The City Council hereby amends
Section 2701 of the Temple City Municipal Code to read as follows:
"2701: DEFINITION:
As used in this chapter, "'emergency" shall mean, in accordance with
California Government Code Section 8558(c), the duly proclaimed
existence of conditions of disaster or of extreme peril to the safety of
persons and property within the territorial limits of the city, caused by such
conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden
and severe energy shortage, plant or animal infestation or disease, the
Governor's warning of an earthquake or volcanic prediction, or an
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earthquake, or other conditions, other than conditions resulting from a labor
controversy, which are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of the city and require the combined
forces of other political subdivisions to combat."
SECTION 4: Amendment of Section 2560(a). The City Council hereby amends
Section 2560(a) of the Temple City Municipal Code, as adopted by Ordinance 12-953, to
reads as follows:
"(a) "Emergency" shall be defined as provided in Section 2701."
SECTION 5: Severability. The City Council hereby declares that, should any
provision, section, subsection, paragraph, sentence, clause, phrase, or word of this
Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any
final court action in a court of competent jurisdiction or by reason of any preemptive
legislation, such decision or action shall not affect the validity of the remaining section or
portions of the Ordinance or part thereof. The City Council hereby declares that it would
have independently adopted the remaining provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any
one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases,
or words may be declared invalid or unconstitutional.
SECTION 6: Publication. The City Clerk shall certify to the passage and
adoption of this Ordinance and to its approval by the Mayor and shall cause the same to
be published according to law.
PASSED, APPROVED, AND ADOPTED this 18th day of September, 2012.
MAYOR
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 12-961 was introduced at the regular meeting of the City Council of the
City of Temple City held on the 21st day of August, 2012, and was duly passed, approved
and adopted by said Council at the regular meeting held on the 18th day of September
2012 by the following vote:
AYES:
NOES:
ABSENT:
City Clerk