2008-05 Establishing a Special Gas Tax Street Improvement Fund ORDINANCE NO. 2008-05
An ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
ESTABLISHING A SPECIAL GAS TAX STREET IMPROVEMENT FUND
AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. ESTABLISHMENT OF FUND.
To comply with the provisions of Section 2113 of the California Streets and Highways
Code, and to avail the City of the benefits of Sections 2100 et seq. of such Code, there is
hereby created in the City treasury a special fund to be known as the "Special Gas Tax Street
Improvement Fund."
(a) Moneys Included. All monies received by the City from the State of California
under the provisions of the Streets and Highways Code for the acquisition of real property, or
interests therein, for engineering, or for the construction, maintenance, and improvement of
streets or highways by the City shall be paid into such fund.
(b) Expenditures. All moneys in such fund shall be expended exclusively for the
purposes authorized by and subject to the provisions of Sections 2106 -2116 of the California
Streets and Highways Code, as those may be amended from time to time.
SECTION 2. INTENTION TO SUPERSEDE COUNTY ORDINANCES
The provisions of this ordinance are intended to and do supersede any provisions of the
ordinance of the County of Riverside which cover the same matters as in this Ordinance and
which are in effect pursuant to Ordinance No. 2008-1 of the City.
SECTION 3. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance, and
each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases or portions thereof be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE: URGENCY
The City of Menifee is newly incorporated and it comprises territory formerly
unincorporated. It is necessary that this ordinance take effect immediately in order to provide a
Municipal Code having a scheme of classification for the grouping of ordinances as they are
adopted, and to provide a basic administrative framework of rules and regulations under which
the fundamental operations of the newly established municipal government can be conducted.
Therefore, the City Council finds that this ordinance is necessary for the immediate preservation
of the public peace, health, and safety, and declares that it shall take effect immediately upon its
adoption as an urgency ordinance.
4832-7039-7699.1 1
SECTION 5.
The City Clerk shall certify as to the adoption of this ordinance and shall cause the same
to be posted as required by law.
PASSED, APPROVED AND ADOPTED this 1st day of October, 2008, by 4/5th vote as
follows:
Ayes:
Noes:
Absent: ✓ ��
Abstain:
Wallace W. Edgerton, May
Attest:
Kath; Bennett, City Clerk
Approved as to form:
Elizabe'fh Marlyn, Interim City Attorney
4832-7039-7699.1 2