Fresno Municipal Code Art. 3 Pension Obligation Law—miscellaneous Provisions

This division, being necessary for the health, welfare and safety of the city and its residents, shall be liberally construed to effect its purposes. Furthermore, the Council hereby declares that this division is an exercise of the power granted to the city by the Charter and the California Constitution; is an exercise by the city of its powers as to municipal affairs and its police powers; and this division shall be liberally construed to uphold its validity under the laws of the State.

(Added Ord. 93-77, § 1, eff. 1-14-93; Ord. 94-1, eff. 2-4-94; Am. Ord. 2007-97, § 2, eff. 1-19-08).

This division shall be deemed to provide a complete, additional and alternative method for doing the things authorized hereby, and shall be regarded as supplemental and additional to the powers conferred by other laws. The issuance of bonds and the entering into of any credit, reimbursement or other agreement under the provisions of this division need not comply with the requirements of any other law applicable to the issuance of bonds. The purposes authorized hereby may be effectuated and bonds are authorized to be issued for any such purposes under this division 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 other provisions contained in any other law.

(Added Ord. 93-77, § 1, eff. 1-14-93; Ord. 94-1, eff. 2-4-94; Am. Ord. 2007-97, § 2, eff. 1-19-08).

A validation action may be brought pursuant to the Code of Civil Procedure commencing with Section 860 to determine the validity of bonds and the legality and validity of all proceedings previously taken and proposed to be taken for the authorization, issuance, sale, and delivery of the bonds, for entering into any credit, reimbursement or other agreement in connection therewith, for the use of the proceeds of the bonds, and for the payment of the principal thereof and interest thereon.

(Added Ord. 93-77, § 1, eff. 1-14-93; Ord. 94-1, eff. 2-4-94; Am. Ord. 2007-97, § 2, eff. 1-19-08).

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

(Added Ord. 93-77, § 1, eff. 1-14-93; Ord. 94-1, eff. 2-4-94; Am. Ord. 2007-97, § 2, eff. 1-19-08).

If any article, paragraph, sentence, clause or phrase of this division shall for any reason be held illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this division. The Council hereby declares that it would have adopted this division and each and every other section, paragraph, sentence, clause or phrase hereof and authorized the proceedings authorized to be taken pursuant thereto irrespective of the fact that any one or more articles, paragraphs, sentences, clauses, or phrases of this division may be held illegal, invalid or unenforceable.

(Added Ord. 93-77, § 1, eff. 1-14-93; Ord. 94-1, eff. 2-4-94; Am. Ord. 2007-97, § 2, eff. 1-19-08).