HomeMy WebLinkAbout2008-10-07; City Council; CS-009; Amending Municipal Code...1 ORDINANCE NO. CS-009
2 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADDING
3 SECTION 1.20.610 TO THE CARLSBAD MUNICIPAL
4 CODE
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WHEREAS, the voters of the City of Carlsbad at the June 3, 2008
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election voted to change the powers and duties of the City by adopting a City7
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Charter; and
WHEREAS, the Charter grants the City Council plenary authority to
legislate matters of local concern notwithstanding general laws to the contrary; and
11 WHEREAS, prior to the City adopting the Charter, state legislature
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enacted Government Code section 36937 which sets forth the effective date of a city
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ordinance; and
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WHEREAS, now that Carlsbad is a Charter City it will no longer be15
bound by this state law; and
WHEREAS, the City Council wishes to expand upon the provisions of
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determine when it is in the best interest of the City of Carlsbad and its residents for
the state law by allowing the City Council rather than the State Legislature to
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an ordinance to be adopted on an urgency basis; and
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WHEREAS, section 1.20.610 must be added to the Carlsbad Municipal22
Code to reflect this change.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
26 SECTION I: That section 1.20.610 is added to the Carlsbad Municipal
27 Code to read as follows:
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1 1.20.610 Ordinances - Effective date.
2 Ordinances will take effect 30 days after their final passage. An
3 ordinance may take effect immediately upon passage if it is an
ordinance:
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A. Relating to an election.
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B. Relating to street improvement proceedings.6
7 C. Relating to taxes for the usual and current expenses of the City
of Carlsbad.
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D. Covered by a particular provision of law or charter prescribing
9 the manner of its passage and adoption.
E. In any other instance, if a majority of the City Council
determines that there is an urgent need to adopt an ordinance which
is effective immediately and a delay in the effective date would
12 constitute an unnecessary expenditure or loss of City funds or
otherwise adversely affect the public health, safety or general
13 welfare then the ordinance will take effect immediately upon its final
14 passage.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the
City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 23rd day of September. 2008, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 7%Jay of October. 2008, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
ATTEST:
LORRAINE M. WOOD, City Clerk
(Seal)
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