HomeMy WebLinkAbout13 URGENCY ORD. 05-04-98 LAW OFFICES OF
V~OODRUFF~ SPRADLIN & SMAR'I
A PROFESSIONAL CORPORATION
AGENDA
MEMORANDUM
TO:
FROM'
DATE:
RE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
April 29, 1998
Urgency Ordinance to Correct an Error in the Term of Ordinance No. 1198
RECOMMENDATION'
Adopt the following ordinance by a four-fifth (4/5) vote:
AN URGENCY ORDINANCE OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING ORDINANCE
NO. 1198 NUNC PRO TUNC TO CORRECT AN
ERROR IN THE TERM OF THE ORDINANCE
DISCUSSION:
Ordinance No. 1198 was adopted as an urgency ordinance on March 2, 1998. This
ordinance was the second in a series of two (2) urgency ordinances dealing with the
location and operation of sexually oriented businesses. As stated in the staff report on
March 2, and as permitted by Government Code Section 65858(b), it was intended that
Ordinance No. 1198 be effective for 10 months and 15 days. The prior ordinance was only
effective for 45 days. Unfortunately, due to a clerical error, the 45 day period in the first
ordinance was not corrected in the second ordinance to reflect the intent of the City
Council that the term of the ordinance be for 10 months and 15 days. Such a clerical error
can be corrected and the correction can relate back to the date when the ordinance was
originally adopted (the legal term for this is nunc pro tunc). Adoption of this urgency
ordinance is necessary to correct the term of the ordinance and insure that it has
continuing effectiveness until the expiration of the 10 months and 15 days from March 2,
1998.
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"L131S E. JEFF'_RE~' ~
Enclosure (Ordinance)
cc: William A. Huston, City Manager
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ORDINANCE NO. 1199
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING
ORDINANCE NO. 1198 NUNC PRO TUNC TO
CORRECT AN ERROR IN THE TERM OF THE
ORDINANCE
The City Council of the City of Tustin hereby ordains as follows:
Section 1.
to read:
Section 30 of Ordinance No. 1198 is hereby amended nunc pro tunc
This ordinance is an Interim Ordinance, enacted
pursuant to Government Code Section 65858(b). The
term of the Interim Ordinance shall be for a period of
ten months and fifteen days from the date of adoption,
unless legally extended in accordance with law by
action of the City Council.
Section 2. Except as specifically provided in this ordinance no other provisions
of Ordinance No. 1198 are affected by this amendment and shall remain in full force and
effect.
Section 3. The City Council intended that Ordinance No. 1198 be effective for ten
months and f'rfteen days, as permitted by Government Code Section 65858(b). However,
due to a clerical error, the effective period stated in the ordinance was 45 days. In the
absence of the immediate effectiveness of this ordinance to correct the term of the
ordinance, the City will not have adequate regulations in place to govern the location and
operation of sexually odented businesses. As such businesses have been shown to have
adverse secondary impacts on the health and welfare of the community, this ordinance is
needed for the immediate preservation of public peace, health and safety.
Section 4. This ordinance shall be adopted by a four-fifth (4~5) vote of the City
Council and shall be effective immediately upon such vote.
Section 5. if any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Tustin hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this day of ,1998.
THOMAS R. SALTARELLI, Mayor
PAMELA STOKER, City Clerk