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ORD 001 ORDINANCE NO. 1 AN URGENCY ORDINANCE OF THE CITY OF LA QUINTA PROVIDING THAT ALL ORDINANCES OF THE COUNTY OF RIVERSIDE APPLICABLE BEFORE INCORPORATION SHALL REMAIN IN FULL FORCE AND EFFECT AS CITY ORDINANCES. The city council of the City of La Quinta does ordaln as follows: SECTION 1. County Enactments to Remain in Effect. (a) All ordinances of the County of Riverside which have been applicable within the territory now incorporated as the City of La Quinta, to the extent that they applied before incor- poration shall remain in full force and effect as ordinances of the City of La Quinta. (b) Additionally, all resolutions, rules and regulations of the County of Riverside which have been so applicable in implementa- tion of the aforesaid ordinances or of mandates of State law (such as, but not limited to, the California Environmental Quality Act), to the extent that they applied before incorporation shall remain in full force and effect as resolutions, rules and regulations, respectively, of the City of La Quinta. SECTION 2. Declaration of Intent. Certain provisions of the county enactments referred to in Section 1 of this ordinance reflect the county governmental struc- ture and contain references to officials, official titles, com- missions, and other designations which are not a part of the structure of this City's government. In order to effectively and intelligently administer the county enactments to the extent that they are continued in effect by this ordinance, it is the purpose of this ordinance to provide for the substitution of the appropri- ate city official, title, or designation in county enactments. SECTION 3. Substitution of Appropriate Reference to City. (a) Whenever in the enactments of the County of Riverside which are continued in effect by the City there is a reference to "Board of Supervisors", this reference shall be interpreted to mean the "City Council of the City of La Quinta." (b) Whenever in the enactments of the County of Riverside which are continued in effect by the City there is a reference to an office~.,office, official title, or other designation, the __ reference shall be interpreted to mean that office, title, or designation in the governmental structure of the City, or if there is none,any official or titleholder in the City who has been spe- cifica].ly directed by the City Council or the City Manager to perform the functions referred to or the duties imposed. -1- (c) Whenever it is appropriate under the circumstances, and in the enactments of the County of Riverside which are continued in effect by the City, there is a reference to the "County of Riverside", said reference shall be interpreted to mean the "City of La Ouinta." (d) Whenever in the enactments of the County of Riverside which are continued in effect by this Ordinance, there is a reference to "Planning Commission," "Area Planning Council," "East Area Planning Council," "Land Division Committee" or "Desert Area Land Division Committee," such reference shall be interpreted to mean that these agencies are acting as agents or agencies of the City of La Ouinta, until such time as the City Council has created an agent or agency(s) within the city govern- ment structure to otherwise perform the functions of the said County agency or agencies, and until such time as said City agent or agency has commenced functioning and has been directed to undertake the particular function or functions theretofore per- formed by the said County agency or agencies. SECTION ~. Duration of County Ordinances Within City. Each ordinance of the County of Riverside which remains in effect as a city ordinance by virtue of Section 1 of this ordi- nance shall remain in effect as a city ordinance for a period of one hundred twenty (120) days or until the Council adopts an ordinance superseding it, whichever first in time occurs. SECTION 5, Manner of Superseding County Ordinances Within 120-Day Perlod. No city ordinance enacted within the 120-day period of time shall be deemed to supersede a county ordinance unless the city ordinance specifically refers to the county ordinance and states an intention to supersede it. SECTION 6. Enforcement of Continuing County Ordinances. The enforcement of the county ordinances continuing in ef- fect in the incorporated area shall be by the City except insofar as services of enforcement are furnished by the County in accordance with Government Code Section 35448. SECTION 7. Authority for Enactment. This ordinance is adopted under Government Code Section 354~1. SECTION 8. Declaration of Facts Constituting Urgency. This ordinance is an urgency ordinance and is for the immedi- ate preservation of the public peace, health, and safety. The facts constituting urgency are these: the City of La Ouinta is -2- newly incorporated and it comprises territory formerly unin- corporated. Government Code Section 35441 of the State of California provides that the City shall immediately upon organ- izatlon and before performing any other act adopt an ordinance providing that all the county ordinances applicable before the incorporation shall remain in full force and effect as city ordinances for 120 days or until the Council has enacted ordi- nances superseding them. It ls necessary that this ordinance take effect immediately in order to have continuity in the existence, application, administration, and enforcement of the same ordinances in the City which applied before incorporation until the city may enact ordinances superseding them. SECTION 9. Taklng Effect. This ordinance, being an urgency ordinance for the immedi- ate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by at least a four-fifths (4/5) vote of the City Council shall take effect immediately upon its adoption. The foregoing ordinance was introduced, approved and adopted at a meeting of the City Council held on May 1, 1982, by the following vote: Ayes:Council Members Abbott, Baier, Cox, Henderson, and Mayor Wolff. Noes:None. Absent: None. ~MAYOR ATTEST: ~CIT CLERE APPROVED AS TO FORM: APPROVED AS TO CONTENT: _ I hereby certify that the foregoing Ordinance was adopted by the City Council of the City of La Quinta, california, at a meeting held on May 1, ' 1982, and that the Ordinance was posted in at least the three public places specified for such postings by the City Council.