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ORD 296ORDINANCE NO. 296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RE-ENACTING AND RE -ADOPTING THE PROVISIONS OF THE LA QUINTA MUNICIPAL CODE AND INCORPORATING THE CITY CHARTER THEREIN WHEREAS, by the adoption of Ordinance No. 2, the City Council of the City of La Quinta, then a General Law City, enacted and adopted a Code of Ordinances; and WHEREAS, since said recodification, the Code of Ordinances has from time to time, been amended and, as amended, the Code of Ordinances, entitled the "La Quinta Municipal Code", has remained in full force and effect; and WHEREAS, on November 5, 1996, the voters of the City of La Quinta ratified the Charter of the City of La Quinta; and WHEREAS, on December 31, 1996, the Secretary of State of the State of California accepted for filing said Charter, which has been assigned Charter Chapter Number 31 for publication in the Statutes of 1996; and WHEREAS, on February 6, 1996, the Charter was recorded in the County of Riverside Office of the Recorder; and WHEREAS, it is the intent of the City Council to proclaim the effectiveness of the Charter of La Quinta and, for convenient reference, to incorporate the terms of said Charter into the Code of Ordinances of the City of La Quinta; and WHEREAS, it is the further intent of the City Council, acting on behalf of the newly Chartered City of La Quinta, to re-enact and re -adopt the Code of Ordinances of the City of La Quinta, including all amendments thereto; and WHEREAS, by said re-enactment and re -adoption, the City Council intends that the Code of Ordinances be interpreted, applied and enforced in accordance with the laws of the State of California as applied to La Quinta as a Charter City having the right of governance over its municipal affairs; and WHEREAS, California Government Code Section 50022.10 authorizes the City to recodify or recompile its Code of Ordinances; and WHEREAS, the City Council desires that the recodified Code of Ordinances and the Charter of the City of La Quinta be titled and referred to as the "LA QUINTA CHARTER AND MUNICIPAL CODE." Ordinance No. 296 Page 2 NOW, THEREFORE, the City Council of the City of La Quinta, California does ordain as follows: Section 1. That the Recitals set forth above are true and correct and are incorporated herein by this reference. Section 2. That the Code of Ordinances, entitled the La Quinta Municipal Code, dated May 1, 1982, including all amendments thereto, which is on file with the City Clerk of the City of La Quinta, is hereby re-enacted and re -adopted without change, except as provided herein, and shall without interruption, remain in continuous force and effect unless and until amended or repealed by action of the City Council. Section 3. That the La Quinta City Charter, as ratified by the voters of the City of La Quinta on November 5, 1996, and filed in the Office of the Secretary of State of California on December 31, 1996, is hereby acknowledged as effective and is ordered to be incorporated into the Code of Ordinances for the City of La Quinta, to be set forth as a preface to the terms thereof. Section 4. That, henceforth, said Code of Ordinances and Charter shall be entitled "THE LA QUINTA CHARTER AND MUNICIPAL CODE". Section 5. That all provisions of the "LA QUINTA CHARTER AND MUNICIPAL CODE" shall be in full force and effect on, from and after the effective date of this ordinance; further, the provisions of the Code of Ordinances shall be interpreted, applied and enforced in accordance with the laws of the State of California as applied to a Charter City. Section 6. That any and all ordinances previously adopted by the City Council of the City of La Quinta on file in the office of the City Clerk, and not incorporated into the terms of the previous La Quinta Municipal Code, are hereby re-enacted and re -adopted without change and shall, without interruption, remain in continuous force and effect unless and until amended or repealed by action of the City Council, which ordinances shall be interpreted, applied and enforced in accordance with the laws of the State of California as applied to a Charter City. 2 Ordinance No. 296 Page 3 Section 7. That, unless otherwise provided herein, particularly by the terms of Section 5 and 6 hereof, the re-enactment and re -adoption provided for in Section 2 and Section 6 of this ordinance shall not affect any of the following: (1) Any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or vested right established or accruing before the effective date of this ordinance; (2) Any ordinance promising or guaranteeing the payment of money for the City or authorizing the issuance of any bonds for the City or any evidence of indebtedness of the City; (3) Any contract or obligation assumed by the City; (4) Any right or franchise granted by the City; —' (5) Any ordinance dedicated naming, establishing, locating, relocating or putting paving, widening, vacating or taking of any other action with relationship to any street or public right-of-way in the City; (6) Any ordinance relating to specific public improvements, or assessments therefore; (7) Any ordinance establishing or prescribing grades for streets; (8) Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget; (9) Any ordinance zoning or rezoning any property within the City; (10) Any ordinance relating to the investment of municipal funds; (1 1) Any ordinance establishing the compensation of municipal officers or employees; and (12) Any ordinance dedicating or accepting any plat or subdivision in the City. 3 Ordinance No. 296 Page 4 Section 8. That, notwithstanding any right of the Charter City of La Quinta to govern independently from State law with respect to land -use matters, the City of La Quinta shall be governed in accordance with the terms of State law as regards to the application, interpretation and enforcement of land -use, planning and zoning matters, including, but not limited to, the requirement of consistency between the General Plan of the City and the terms of its Zoning Ordinances. Section 9. Any ordinance or provision of any ordinance, making any addition or amendment to the La Quinta Charter and Municipal Code when passed in a form indicating the intention of the City Council to make the ordinance, or any part of the ordinance, part of said Charter and Code shall be deemed to be incorporated into the Code, and any reference to the La Quinta Charter and Municipal Code or any title, chapter or section to the La Quinta Charter and Municipal Code shall be understood and intended to include the appropriate provisions of such addition or amendment. Section 10. A copy of the La Quinta Charter and Municipal Code shall be kept on file in the office of the La Quinta City Clerk and, it shall be the duty of the La Quinta City Clerk or the City Clerk's designee, to periodically update and maintain the La Quinta Charter and Municipal Code with such amendments or additions made by ordinances adopted by the City Council or to delete from the La Quinta Charter and Municipal Code provisions which may be from time to time repealed by ordinances of the La Quinta City Council. The copy of the La Quinta Charter and Municipal Code kept and maintained by the La Quinta City Clerk shall be the official "LA QUINTA CHARTER AND MUNICIPAL CODE". Section 11. Whenever, by the provisions of the "LA QUINTA CHARTER AND MUNICIPAL CODE", any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is declared unlawful or an offense, the violation of any such provision is a misdemeanor or an infraction as specified in the penalty provisions of the La Quinta Charter and Municipal Code. EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this ordinance to be posted in three places in said City as designated by Resolution pursuant to the provisions of Government Code Section 36933. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of La Quinta, California on the 4th day of February, 1997 by the following roll call vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None ze 41 C�L GLENDA L. HOLT, Mayor City of La Quinta, California 0 �?AUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California l61 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. 296 which was introduced on the 21 st day of January, 1997 and was adopted at a regular meeting held on the 4th day of February, 1997 not being less than 5 days after date of introduction thereof. I f ther certify that the foregoing ordinance was posted in three (3) places within the Cit�j of La Quinta as specified in a resolution of the City Council. SAUNDRA L."JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, cer 'fy that the foregoing ordinance was posted on February 28, C cil Resolution. 4AUNDRA L. JUHOLA, City Clerk City of La Quinta, California California, do hereby 1997 pursuant to City