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HomeMy WebLinkAboutORD 1199 (1998) I ORDINANCE NO. 1199 2 AN URGENCY ORDINANCE OF THE CITY COUNCIL 3 OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 1198 NUNC PRO TUNC TO 4 CORRECT AN ERROR IN THE TERM OF THE ORDINANCE 5 6 The City Council of the City of Tustin hereby ordains as follows: 7 SectiOn 1. Section 30 of Ordinance No. 1198 is hereby amended nunc pro tunc to read: 8 This ordinance is an Interim Ordinance, enacted 9 pursuant to Government Code Section 65858(b). The term of the Interim Ordinance shall be for a period of 10 ten months and fifteen days from the date of adoption, unless legally extended in accordance with law by 11 action of the City Council. 12 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 13 effect. 14 Section 3. The City Council intended that Ordinance No. 1198 be effective for ten months and fifteen days, as permitted by Government Code Section 65858(b). However, 15 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 16 ordinance, the City will not have adequate regulations in place to govern the location and operation of sexually oriented businesses. As such businesses have been shown to have 17 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. 18 Section 4. This ordinance shall be adopted by a four-fifth (4/5) vote of the City 19 Council and shall be effective immediately upon such vote. 20 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 21 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 22 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, 23 sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 25PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 4th day of May, 1998. 26 THOMAS R. SA, E-TARELLI, Mayor PAMELA STOKER, City Clerk 28 City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1199 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City. Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1199 was introduced, passed and adopted at a regular meeting of the City Council held on May 4, 1998 by the following vote: COUNCILMEMBER AYES: Saltarelli, Worley, Doyle, Potts, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None P~mela Stoke7, Cit~"'Q~rk '