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ORDINANCE NO. NS-ll98 <br />PAGE THREE <br /> <br />(b) Section 3625(d) shall apply where: <br /> <br />A statutory quorum or a simple majority cannot be <br />achieved by continuance for a reasonable time or <br />within legally mandated time limits: or <br /> <br />More than a simple majority vote is required to take <br />a proposed action and the number of officials entitled <br />to vote is less than the number of votes required for <br />the action to be taken; or <br /> <br />3. The official is, by law, the sole officer who can per- <br /> form the action or make the decision. <br /> <br /> (c) In cases where Subsections 2-317(b)(1) or <br />of this ordinance apply, all otherwise disqualified <br />shall be entitled to participate. <br /> <br />2-317(b)(2) <br />officials <br /> <br /> (d) In all cases involving exceptions hereunder, the offi- <br />cial shall comply with Section 3625(d). <br /> <br />Sec. 2-318. Same - Disqualification. <br /> <br /> An <br />Section <br />which di <br /> <br />official who refrains from acting in accordance with <br />3625(b) need not declare the nature of the interest <br />squalifies him. <br /> <br />Sec. 2-319. Same - Interpretation. <br /> <br /> An official who is unsure of the application or nature of <br />the prohibitions contained in Section 3625 may secure a written <br />opinion from the City Attorney. When said opinion is complied <br />with in good faith belief that it is consistent with the provi- <br />sions of the Governmental Conflict of Interests Act and these <br />guidelines, he shall thereafter be entitled to rely on said <br />opinion in discharging his official duties and shall be exempt <br />from the civil penalties of Section 3751 and the sanctions of <br />Section 3753. <br /> <br />Sec. 2-320. Same - Limitations on Actions. <br /> <br /> (a) No action shall be brought pursuant to Section 3751 <br />of the Government Code to restrain the execution of or to set <br />aside as void any decision, contract, order, permit, ordinance, <br />resolution or other official action unless the complaint or <br />petition has been filed and served on the Clerk of the Council <br />within thirty {30) days following the decision, contract, order, <br />permit, ordinance, resolution or other official action. <br /> <br /> (b) No action shall be brought pursuant to Section 3751 <br />of the Government Code to enjoin an official from violating or <br />to compel an official to comply with the provisions of the <br />Governmental Conflict of Interests Act or of this ordinance, <br />unless the complaint or petition has been filed and served with- <br />in 180 days after the violation of Section 3625 has occurred. <br /> <br /> SECTION 2: This ordinance shall take effect as an urgency <br />measure immediately upon its adoption. The City Council declares <br />that it is necessary to the public peace, health, safety and <br />welfare that this ordinance be adopted as an urgency measure. <br />The facts constituting the urgency are: The Governmental Con- <br />flict of Interests Act became effective on January l, 1974. <br />That Act creates serious and multiple obligations for public <br />officials covered by the Act, confers broad enforcement rights <br />upon members of the public and authorizes public agencies to <br /> <br /> <br />