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HomeMy WebLinkAboutOrdinance #1540 ORDINANCE NO . 1540 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 0039 AND ADDING SECTION 0053 ENTITLED "SAVING EFFECT OF TERMINATION OR SUSPENSION OF CITY LAWS" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by amending Section 0039 entitled "Constitutionality" to read as follows : 0039 . If any section, subsection, sentence, clause , phrase or portion of this code , or any future amendments or additions hereto, is for any reason held to be invalid or un- constitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the remaining portions of this code, or any future amendments or additions hereto . The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections , subsections, clauses , phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional . SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Section 0053 entitled, "Savings Effect of Termination or Suspension of City Laws , " to read as follows : 0053 . The termination or suspension (by repeal or what- ever means effected) of any city law, whether such law was en- acted prior to or shall be enacted after the effective date of this section, does not : (a) Constitute a bar to prosecution and punishment of any person for a violation of such law committed prior to such termination or suspension; or (b) Constitute a bar to the commencement by city of any civil action or proceeding to enforce, maintain , protect or prosecute any civil right or remedy (whether at law or in equity) of city arising from such law, prior to and existing at the time of such termination or suspension; or 1 . (c) Affect the validity of any bond or cash deposit posted pursuant to such law and prior to such termination or suspension; or (d) Constitute a bar to collection or waiver of any license fee or penalty required bylaw, and due and unpaid prior to such termination or suspension . SECTION 3 . This ordinance shall take effect thirty days from its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days of its adoption in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regulaY c eetin g thereof held on the 8th day of December 1969 . Mayor ATTEST: rye City erk APPROVED AS TO FORM: City Attor e 2 . Ord. No. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of November 19 69 and was again read to said City Council at a regular adjourned meeting thereof held on the 8th day of December 1969 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green NOES: Councilmen: None ABSENT: Councilmen: Coen o City Clerk and officio Clerk of the City Council of the City of Huntington Beach, California PAUL C. .lON S, C!s Y C!—EP C :f the City of -Uffldo Clerk of the City Cocs. l, a ,� c y s ordinance has n PUN, s.ha d n ;each mews on 19 7 in accordaic: M h ? ` t , .icr cf said City. -Q--r _ City Clerk r -z `Z•�� `_- i epu�y City Clerk