HomeMy WebLinkAboutCity Council - 2012-51RESOLUTION NO. 2012-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A
CITY MEASURE TO AMEND THE CHARTER OF THE CITY OF HUNTINGTON BEACH
RELATED TO FIREWORKS
WHEREAS, a General Municipal Election on Tuesday, November 6, 2012 has been
called by City Council Resolution No. 2012-21; and
The City Council also desires to submit to the voters at the election/a question relating to
a charter amendment, amending City Charter Section 500 by adding new Section 500(g) thereto
entitled Fireworks; and
The City Council is authorized and directed by constitutional provision and statute to
submit the proposed questions to the voters,
NOW, THEREFORE, THE CITY COUN/CIL of the City of Huntington Beach does
resolve, declare, determine and order as follows:
SECTION 1. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following questions:
"Shall the proposed Charter Athendment, amending
Section 500 of the Charter of /the City of Huntington
Beach by adding new SectiOn 500(g) thereto entitled
Fireworks, as set forth in the proposed measure be
approved?" /
Yes
No
SECTION 2. That the proposed measure submitted to the voters is attached to this
resolution as Exhibit A.
SECTION 3. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
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VIEWED AND APPROVED:
istrator
ti\vH
\L.]
Resolution No. 2012-51
SECTION 4. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 5. That the City Clerk shall certify to the passage and adoption ofithis
Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on
, 2012.
Mayor
AtsPROVED, AS TO FORM:
—09/ 7-0 /Z--
/1"C ity Attorney
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Resolution No. 2012-51
EXHIBIT A
ARTICLE V
ORDINANCES AND RESOLUTIONS
Section 500. REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION,
AMENDMENT, WHEN EFFECTIVE AND CODIFICATION.
(a) Enactment. In addition to such other acts of the City Council as are required by this Charter
to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or
granting a franchise, shall be by ordinance. The enacting clause of alPerdinances shall be
substantially as follows: "The City Council of the City of Huntingto'n Beach does ordain as
follows:" No order for the payment of money shall be adopted or made at other than a regular or
adjourned regular meeting. Upon introduction, an ordinance hll be read by title only. Unless a
higher vote is required by other provisions of this Charter, the affirmative vote of at least four of
the City Council shall be required for the enactment of any ordinance or for the making or
approving of any order for the payment of money. All o'rdinances shall be signed by the Mayor
and attested by the City Clerk.
(b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular
meeting held no less than five days after its introduction. In the event that any ordinance is
altered after its introduction, it shall be finally'adopted only at a regular or adjourned regular
meeting held no less than five days after the date it was so altered. The correction of
typographical or clerical errors shall not cOnstitute the making of an alteration within the
meaning of the foregoing sentence.
(c) Publication. The City Clerk shall ,Cause each ordinance to be posted in three places designated
by the City Council within the City'and to be published by title with a brief summary at least
once within fifteen days after its ,adoption in a daily, semiweekly or weekly newspaper,
published in the County or the qity and circulated in the City, which is selected by the City
Council for that purpose. Current technology shall be used to ensure the widest possible
dissemination.
(d) Amendment. The amendment of any section or subsection of an ordinance may be
accomplished solely by the re-enactment of such section or subsection at length, as amended.
(e) When Effective. Every ordinance shall become effective thirty days from and after the date of
its adoption, except the following, which shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some special law or procedural
ordinance relating thereto;
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(3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the
rate of property taxation, or levying the annual tax upon property.
(4) An emergency ordinance adopted in the manner provided in this Charter.
(f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications
of valid ordinances may be adopted by reference, with the same effect „as van ordinance, in the
manner set forth herein; however, such regulations and codifications need not be published in the
manner required for other ordinances, but not less than three copies /thereof shall be filed for use
and examination by the public in the office of the City Clerk pri/of- to adoption. Ordinances
codified shall be repealed as of the effective date of the codification. Amendments to the code
shall be enacted by ordinance.
(g) Fireworks. The City Council shall not ban or othe irAse restrict the non-commercial use or
possession of California State approved fireworks in ithe City in any manner more restrictive than
set forth in City Ordinance No. 3932, adopted on February 6, 2012.
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