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<br />(' <br /> <br />l <br /> <br />119 <br /> <br />ORDINANCE NO. NS-~O <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA <br />REPEALING SECTION 9-20 OF THE SANTA ANA <br />MUNICIPAL CODE TO REMOVE THE PROVISIONS <br />EXCLUDING PERSONS FROM PARTICIPATING IN THE <br />PUBLIC EMPLOYMENT RETIREMENT SYSTEM <br /> <br />WHEREAS, the Charter of the city of Santa Ana, section 1002, <br />provides that the city Council may exclude certain persons from <br />participating in the Public Employment Retirement System ("PERS"); <br />and <br /> <br />WHEREAS, such exclusion of persons are more appropriately <br />made by contracting with PERS, by resolution of the City Council, <br />and by relevant memorandums of understanding with employee <br />representatives than by ordinance; <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES <br />ORDAIN AS FOLLOWS: <br /> <br />SECTION 1: That section 9-20 of the Santa Ana Municipal Code <br />is hereby repealed. <br /> <br />SECTION 2: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held to be <br />invalid or unconstitutional by the decision of any court of <br />competent jurisdiction, such decision shall not affect the validity <br />of the remaining portions of this ordinance. The city Council of <br />the City of Santa Ana hereby declares that it would have adopted <br />this ordinance and each section, subsection, sentence, clause, <br />phrase or portion thereof irrespective of the fact that anyone or <br />more sections, subsections, sentences, clauses, phrases, or <br />portions be declared invalid or unconstitutional. <br /> <br />SECTION 3: Neither the adoption of this ordinance nor the <br />repeal hereby of any ordinance shall in any manner affect the <br />prosecution for violation of ordinances, which violations were <br />committed prior to the effective date hereof, nor be construed as <br />affecting any of the provisions of such ordinance relating to the <br />collection of any such license or penalty or the penal provision <br />applicable to any violation thereof, nor to affect the validity of <br />any bond or cash deposit in lieu thereof, required to be posted, <br /> <br />1 <br />