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ORD 291ORDINANCE NO. 291 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING TITLE 12.56 OF THE MUNICIPAL CODE WHEREAS the California Vehicle Code authorizes cities to establish and regulate maximum gross weight limits on streets under its exclusive jurisdiction, and WHEREAS the pursuant to said authority, the City Council established a Truck Route network in 1994 and restricted certain streets to truck use, and WHEREAS the Municipal Code provides an exemption in Section 12.56.030(c) to vehicles delivering street construction materials and currently allows such vehicles to indiscriminately select and utilize any restricted street of choice, and WHEREAS such broad discretion without regulation can lead to circumstances that defeat the intent of Code Section 12.56, it is desirable to regulate the exemption. WHEREAS pursuant to Government Code Section 36937 the City Council hereby finds that the immediate ability to regulate the specific route used to deliver construction materials is necessary to preserve the public peace, health and safety of the citizens of La Quinta; due to the potential intrusion of numerous heavy vehicles onto residential streets where children play and reside. NOW, THEREFORE, the City Council of the City of La Quinta, California does ordain as follows: SECTION 1. City of La Quinta Municipal Code Title 12.56 is hereby amended as follows: 1) Amend Section 12.56.030(c)Truck Routes - Exemptions, see attached Exhibit "A" SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect immediately upon adoption. SECTION 3. POSTING. The City Clerk shall, within 15 days after passage of this ordinance, cause it to be posted in at least three public places designated by the resolution of the City Council; shall certify to the adoption and posting of this ordinance; and, shall cause this ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. Ordinance No. 291 PASSED, APPROVED AND ADOPTED as an urgency ordinance at meeting of the City Council held on the 3rd day of December, 1996, 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 AT ST: 4"UNDRA L. JUH LA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYW LL, City Attorney City of La Quinta, California EXHIBIT "A" 12.56.030 Truck routes - Exemptions. The provisions of Sections 12.56.010 and 12.56.020 shall not apply to: A. Passenger buses under the jurisdiction of the Public Utilities Commission or, publicly funded and operated transit vehicles; or B. Any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility; or C. Any vehicle delivering street construction materials for street construction or repairs provided the route utilized by the delivery vehicle has been authorized for such use in writing by the Public Works Director or designee. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 291 which was adopted at a regular meeting held on the 3rd day of December, 1996 as an urgency ordinance. I further certify that the foregoing ordinance was posted in three (3) places within the Ci of La Quinta as specified in a resolution of the City Council. AUNDRA JUL.HOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on December 26, 1996 pursuant to Cit ouncil Resolution. AUNDRA L. HOLA, City Clerk City of La Quinta, California