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HomeMy Public PortalAbout13) 8A_Ord_12961City Council September 18, 2012 Page 2 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 - 1 - 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