§ 4.44.030. Miscellaneous provisions.


Latest version.
  • A.

    Liberal Construction. This chapter, being necessary for the health, welfare and safety of the city and its residents and the satisfaction by the city and the system of their respective obligations under Article XXVI of the Charter, shall be liberally construed to effect its purposes. Furthermore, the Council declares that this Chapter is an exercise of the power granted to the city by the City Charter and the Constitution of the state and is an exercise by the city of its powers as to municipal affairs and its police powers, and this Chapter shall be liberally construed to uphold its validity under the laws of the state.

    B.

    Provisions of this Chapter are Complete, Additional and Alternative. This chapter shall be deemed to provide a complete, additional and alternative method for doing the things authorized by this Chapter, and shall be regarded as supplemental and additional to the powers conferred by other laws. The issuance of the debentures and bonds and the entering into of any credit, reimbursement or other agreement under the provisions of this Chapter need not comply with the requirements of any other law applicable to the issuance of debentures and bonds or the execution of such agreements, except that all such actions shall be consistent with the Charter. The purposes authorized hereby may be effectuated and debentures and bonds are authorized to be issued for any such purposes under this Chapter, notwithstanding that any other law may provide for such purposes or for the issuance of bonds for like purposes and without regard to the requirements, restrictions, limitations or differing provisions contained in any other law. Notwithstanding the foregoing provisions of this Section, the city may avail itself of any power or authority conferred upon general law cities by the general laws of this state in order to better effectuate the purposes of this Chapter which are consistent and not conflicting with the provisions of the Charter and this Chapter and any such laws which are relied upon by the city in connection with any proceedings under this Chapter are expressly authorized pursuant to Section 106 of the Charter.

    C.

    Actions to Determine Validity of Bonds and Proceedings. An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure of the state of California or any of the general laws of the state applicable in the premises, to determine the validity of the debentures and bonds and the legality and validity of all proceedings previously taken and proposed to be taken for the authorization and issuance of debentures and bonds, the authorization, issuance, sale, and delivery of the debentures and bonds, for entering into any trust agreement, funding agreement, credit, reimbursement or other agreement in connection therewith, for the application and use of the proceeds of the debentures and bonds, and for the payment of the principal thereof and interest thereon.

    D.

    Chapter Controlling. To the extent that the provisions of this Chapter are inconsistent with the provisions of any general statute or special act or parts thereof, the provisions of this Chapter shall be deemed controlling.

(Ord. 11851 § 1 (part), 1996: prior code § 20-3.01—20-3.04)