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HomeMy WebLinkAbout38.6 ORDINANCE NO. 38.6 ORDINANCE OF THE CITY OF SAPATOGA ~4ENDING CI~PTER 2 + OFTRE SARATOGA CITY CODE BY INCLUDING PROVISIONS, PROVIDING FOR REJECTED MOTIONS AS CONSTITUTING DENL~LS. The City Council o5 the City of Saratoga hereby ordains as follows: ~.ction 1: Section 2~1.1 is hereby added to Article 1, Chapter 2, of the Saratoga City Code, to read as follows: "Section 2-1.1. S~.atus of RejeCted Motions for Affirmat~Xe. Action. The failure of passage of any motion by either the City Planning Commission or the City Council, which motion is made to grant any variance~ use or other permit, approval of design review, approval of subdivision map or site approVal~ or made to grant any affirmative relief from which any appeal may be taken or any judicial review had thereof, shall be deemed to be a denial thereof~ for all purposes of the commencement of the running of any applicable statute of ltmitdtions, subject to the following: (a) A rejected motion shall not be considered a denial if, on motion to reconsider thereafter made at the same meeting, the motion passes, and (b) A motion failing by reason of an evenly split vote shal~ be subject to r~consideration at the next ~egular meeting Of the body at which the motion was originally made and at which all members of said body are present} and if at such subsequen~ regular meeting no such motion for reconsideration is made~ OT if made such motion fails. for;any reason (including an evenly split vote), then =he same Shall At that time be deemed to be a denial of the requested aff~rma~iVe actio~h Section 2: If any section, subsection,'sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council of Saratoga hereby deolares that It would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. Section 3: This ordinance shall be in full force and effect thirty (30) days after the date of its passage. The above and foregoing urdinance was regularly iutroduced and after the waiting time required by law was thereafter passed and adopted this 2~d day of June .1965~ by the following vote: AYES: Councilmen Drake, Hartman, Tyler, Burry NOES: None ABSENT: Councilman Glennon ATTEST ' f copy of Ordinance ~ ?, ~ a which has ~een i~(~to faw,'s ' ~ ,' :~ , pub~r6 : :~- ,'.',, ~'~ Deputy City Clei'k Date ORDINANCE NO. AN ORDINANCE Z~4EI~I~!G SECTIOH 2°4 OF ~!E SARATOGA CITY CODE RELATIVE TO TII~ AHD PLACE OF CITY CObOlOIL ~MEETINGS The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: Section 2,4 of Article II of the Saratoga City Code is hereby amended to read as follows: "Se___c. 2-4,_____Reg__~lar Meetings° TLe regular meetings of the City Council shall be held on the first and third Wednesdays of each month, unless such date be a holiday ia lqhich case such meeting shall be held on the day follo~ing, which is not a holiday. The time of such meeting shall be 7:30 F. M. and the place shall be the Saratoga City Council Cha~Ders, 13777 Fruitvale Avenue, iu~rthe..~ityo (Ord, No. 1-B~ Seco 1; Ord. No. l-C, Sec. 1.)." The above and foregoing ordinance was regularly introduced and after the waiting time required by la~ was thereafter passed and adopted on the 21st ~ay of April , 1965, by the following vote: AYES: Councilmen ~lennon, Hartman, Tyler~ Burry NOES: None ~~~,,~ ABSENT: Councilman Drake · L,~YOR ATTEST: . ~ ~? ' The above an~l foregoing is a true and correct copy o~ ~'rc*,r'%~c:~ '3Y'.-~' whch has been pU ,'~ e-'; cc,ji',-!i,g to law. Deputy City Clei'k Date