Modesto Municipal Code Art. 3 Miscellaneous Provisions

This chapter, being necessary for the health, welfare and safety of the City and its residents, shall be liberally construed to effect its purposes. Furthermore, the City Council hereby 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.

(Added by Ord. 3069-C.S., § 1, effective 12-4-97)

This chapter 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 under the provisions of this chapter 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 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 other provisions contained in any other law.

(Added by Ord. 3069-C.S., § 1, effective 12-4-97)

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) 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 and for the payment of the principal thereof and interest thereon.

(Added by Ord. 3069-C.S., § 1, effective 12-4-97)

This chapter shall not be amended so as to have a material, adverse effect upon the rights of the owners of any outstanding bonds theretofore issued hereunder, without the written consent of such bond owners; provided, however, that this chapter may be amended at any time (a) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision herein contained as the city may deem necessary or desirable; or (b) if such amendment does not materially impair or adversely affect the interests of any such bond owner or City in the opinion of the City Council; or (c) if such amendments apply solely to bonds not theretofore issued.

(Added by Ord. 3069-C.S., § 1, effective 12-4-97)

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.

(Added by Ord. 3069-C.S., § 1, effective 12-4-97)

If any section, paragraph. sentence, clause or phrase of this chapter shall for any reason be held illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this chapter 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 (1) or more sections, paragraphs, sentences, clauses or phrases of this chapter may be held illegal, invalid or unenforceable.

(Added by Ord. 3069-C.S., § 1, effective 12-4-97)

The Finance Director or designee shall have the authority to audit taxpayers and fee payers for the period of three (3) years following payment or in case of nonpayment, for a period of three (3) years from the date payment was deemed due by the City. He/she shall have such reasonable ancillary powers to require production of books and records at reasonable times, interview and record statements of witnesses, undertake evidentiary hearings, and if the Director finds it appropriate, issue written or oral findings, as well as such other similar powers as may be reasonable in a particular case.

(Added by Ord. 3324-C.S., § 1, effective 11-13-03)