CC Resolution 1996-055^L& RESOLUTION NO.96-55
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, PROVIDING
FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL
ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 1996
FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
VOTERS OF SAID CITY, APPROVAL OF A CHARTER FOR
THE CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta desires to place
before the qualified voters of the City of La Quinta a proposed charter at a Special
Election to be consolidated with the Statewide General Election to be held on
November 5, 1 996.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, as follows:
SECTION 1. That pursuant to the requirements of the laws of
the State of California relating to general law cities, there is hereby called and
ordered to be held in the City of La Quinta, California, a Special Municipal Election
to be consolidated with the Statewide General Election to be held on Tuesday,
November 5, 1 996.
SECTION 2. That the purpose of said Special Municipal Election
is called for the purpose of submitting to the qualified electors of said City, the
following measure, to wit:
Shall the Charter be adopted making La Y
Quinta a charter city so that the laws of La
HH:I
Quinta shall prevail over state law with
respect to municipal affairs?
SECTION 3. That the text of the Charter submitted to the
voters is attached as Exhibit *A."
SECTION 4. That in the event the measure receives a greater
number of YES votes than NO votes, the measure shall be deemed approved by the
voters. In the event the measure receives a greater number of NO votes than YES
votes, the measure shall be deemed disapproved by the voters.
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^L&Resolution No.96-55
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SECTION 5. That in all particulars not recited in this resolution,
said election shall be held and conducted as provided by law for holding municipal
elections in said City.
SECTION 6. That notice of time and place of holding said
election is hereby given and the City Clerk is hereby authorized, instructed and
directed to give such further or additional notice of said election, in time, for and
manner as required by law.
SECTION 7. That the City Clerk shall transmit a copy of the
measure referenced in Section 1 to the City Attorney and the City Attorney shall
prepare an impartial analysis of the measure showing the effect of the measure on
existing law and the operation of the measure.
PASSED, APPROVED AND ADOPTED this 22nd day of July, 1 996 by
the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff,
Mayor Holt
NOES: None
ABSENT: None
ABSTAIN: None
GLENDA L. HOLT, Mayor
City of La Quinta, California
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYV\**ELL, City Attorney
City of La Quinta, California
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^L& PROPOSED CHARTER OF THE CITY OF LA QUINTA
PREAMBLE
We the people of the City of La Quinta declare our intent to restore to our
community the historic principles of self governance inherent in the doctrine of
home-rule. Sincerely committed to the belief that local government has the closest
affinity to the people governed, and firm in the conviction that the economic and
fiscal independence of our local government will promote the health, safety and
welfare of all the citizens of this City, we do hereby exercise the express right
granted by the Constitution of the State of California to enact and adopt this
Charter for the City of La Quinta.
CHARTER
Article I Municipal Affairs: Generally
Section 100. Municipal Affairs. The City shall have full power and authority
to adopt, make, exercise and enforce all legislation, laws, and regulations and to
take all actions relating to municipal affairs, without limitation, which may be
lawfully adopted, made, exercised, taken or enforced under the Constitution of the
State of California. Without limiting in any manner the foregoing power and
authority, each of the powers, rights, and responsibilities described in this Charter
is hereby declared to be a municipal affair, the performance of which is unique to
the benefit and welfare of the citizens of the City of La Quinta.
Article II Revenue. SavinQs and Generation
Section 200. Public Works Contracts. The City shall have the power to
establish standards, procedures, rules or regulations to regulate all aspects of the
bidding, award and performance of any public works contract, including, but not
limited to, the compensation rates to be paid for the performance of such work.
Section 201. PublicFinancing. The City shall have the power to establish
standards, procedures, rules or regulations related to any public financing.
Section 202. Utility Franchises. The City shall have the power to adopt any
ordinance providing for the acquisition, development, or operation by the City of
any public utility, or any ordinance providing for the granting of a franchise to any
public utility not owned by the City which proposes to use or is using City streets,
highways or other rights-of-way.
Section 203. Enterprises. The City shall have the power to engage in any
enterprise deemed necessary to produce revenues for the general fund or any other
fund established by the City Council to promote a public purpose.
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^L&Section 204 Economic DeveloDment. The City shall have the power to utilize
revenues from the general fund to encourage, support and promote economic
development.
Article Ill Revenue Retention
Section 300. Reductions Prohibited. Any revenues raised and collected by
the City shall not be subject to subtraction, retention, attachment, withdrawal or
any other form of involuntary reduction by any other level of government.
Section 301. Mandates Limited. No person, whether elected or appointed,
acting on behalf of the City, shall be required to perform any function which is
mandated by any other level of government, unless and until funds sufficient for
the performance of such function are provided by said mandating authority.
Article IV GeneralLaws
Section 400. General Law Powers. In addition to the power and authority
granted by the terms of this Charter and the constitution of the State of California,
the City shall have the power and authority to adopt, make, exercise and enforce all
legislation, laws and regulations and to take all actions and to exercise any and all
rights, powers, and privileges heretofore or hereafter established, granted or
prescribed by any law of the State of California or by any other lawful authority. In
the event of any conflict between the provisions of this Charter and the provisions
of the general laws of the State of California, the provisions of this Charter shall
control.
Article V Interpretation
Section 500. Construction and Interpretation. The language contained in this
Charter is intended to be permissive rather than exclusive or limiting and shall be
liberally and broadly construed in favor of the exercise by the City of its power to
govern with respect to any matter which is a municipal affair.
Section 501. Severability If any provision of this Charter should be held by a
court of competent jurisdiction to be invalid, void or otherwise unenforceable, the
remaining provisions shall remain enforceable to the fullest extent permitted by law.
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