HomeMy WebLinkAboutOrdinance 2149 N.C.S. 04/21/2003~ ~ ~.. ~ .4
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1 MAY 2 ~. 200 ;~~'~ ORDINANCE N0.2149 N.C.S.
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S Introduced by Seconded by
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8 Council Member Pamela Torliatt Vice Mayor Mike O'Brien
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12 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AMENDING
13 PETALUMA MUNICIPAL CODE SECTION 2.32.060 CONCERNING
l4 POWERS AND DUTIES OF THE DIRECTOR OF EMERGENCY SERVICES
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l7 WHEREAS, Section 2.32.050 of the Petaluma Municipal Code provides that the City
18 Manager shall be the Director of Emergency Services; and,
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20 WHEREAS, Section 2.32.060 of the Petaluma Municipal Code lists the powers accorded
21 to the Director of Emergency Services in the event a "local emergency" or "state emergency" has
22 been proclaimed; and,
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24 WHEREAS, among the powers accorded to the Director of Emergency Services by
25 Subsection 2.32.060(F)(2), is the power to "obtain vital supplies, equipment, and such other
26 properties found lacking and needed for the protection of life and property"; and,
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28 WHEREAS, in the event of a proclaimed emergency, it may be necessary for the
29 Director of Emergency Services to enter into agreements for urgently needed services; and,
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31 WHEREAS, Section 2.32.060 of the Petaluma Municipal Code does not expressly
32 provide the Director of Emergency Services with the power to enter into agreements for services
33 during a proclaimed emergency; and,
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35 WHEREAS, California Public Contract Code Subsection 22050(b) authorizes a City by
36 four-fifths vote to adopt an ordinance to provide such authority during a proclaimed emergency,
37 subject to review by the Council within 14 days of an action taken under the authority of such an
38 ordinance, and where an action is continuing, subject to a four-fifths vote by the Council at each
39 meeting thereafter.
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41 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
42 FOLLOWS:
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44 Section 1. Amendment. Subsection 2.32.060(F)(2) of the Petaluma Municipal Code is
45 hereby amended to read as follows:
Ordinance No. 2149 N.C.S. Page 1
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2 Pursuant to California Government Code Section 22050, to obtain vital
3 supplies, equipment, services, and such other properties found lacking and
4 needed for the protection of life and property and to bind the city for the
5 fair value thereof and, if required immediately and to the extent permitted
6 by law, to commandeer the same for public use,
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8 Section 2. If any section, subsection, sentence, clause or phrase or word of this ordinance
9 is for any reason held to be unconstitutional, unlawfiil or otherwise invalid by a court of
10 competent jurisdiction, such decision shall not affect the validity of the remaining portions of
11 this ordinance. The City Council of the City of Petaluma hereby declares that it would have
12 passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that
13 any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
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Section 3. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 4. The City Clerk is hereby directed to post this ordinance for the period and in
the manner required by the City Charter.
INTRODUCED and ordered posted this 7t'' day of April, 2003.
ADOPTED this 21S` day of April, 2003 by the following vote:
AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt
NOES: None
ABSENT: None
David Glass, Mayor
ATTEST:
Gay e Pet sen, City Clerk
Ordinance No. 2149 N.C.S. Page 2