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ORD 347ORDINANCE NO. 347 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, REPEALING CHAPTER 2.05 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO THE VOLUNTARY CAMPAIGN EXPENDITURE CEILING WHEREAS, Chapter 2.05 of the La Quinta Charter and Municipal Code was adopted in response to the adoption of Proposition 208, "The California Political Reform Act of 1996," (the "Act"); and WHEREAS, On January 5, 1999, the Ninth Circuit Court of Appeals upheld a preliminary injunction prohibiting the enforcement of any provisions of Proposition 208, and WHEREAS, Chapter 2.05 of the La Quinta Charter and Municipal Code is now unenforceable as a result of the Court's order because the legal authority for Section 2.08.060 is Government Code Section 85400(c) the enforcement of which was enjoined by the Court, and WHEREAS, the City believes that substantial confusion will occur in the electoral process for the City's November 2000 elections if the City Council does not clarify the effect of the Court's ruling upon Ordinance No 300 and Chapter 2.05 of the La Quinta Charter and Municipal Code. NOW, THEREFORE, the City Council of the City of La Quinta. does ordain as follows: SECTION 1. Chapter 2.05 of the La Quinta Charter and Municipal Code is hereby repealed. SECTION 2. Pursuant to Government Code Sections 36934 and 36937(a), the City Council hereby finds and determines that because this ordinance relates to an election the immediate enactment of this Ordinance is necessary. SECTION 3. If any section, subsection, sentence, clause or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. SECTION 4 . EFFECTIVE DATE: This Ordinance being an Urgency Ordinance shall be in full force and effect as of the date it is adopted and shall remain in effect in accordance with its terms. Ordinance No. 347 Campaign Expenditure Ceiling Adopted: July 18, 2000 Page 2 SECTION 5. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by 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 the City of La Quinta. PASSED, APPROVED and ADOPTED this 18th day of July, 2000 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None - r* 0� u-, JOHN J. PENayor City of La Quinta, California ATTEST: JUNE K, CMC, City City of La Quinta, California [City Seal] Ordinance No. 347 Campaign Expenditure Ceiling Adopted: July 18, 2000 Page 3 APPROVED AS TO FORM: L� M. KATHERINE JENSO , City Attorney City of La Quinta, California Ordinance No. 347 Campaign Expenditure Ceiling Adopted: July 18, 2000 Page 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Urgency Ordinance No. 347 which was introduced and adopted at a regular meeting on the 18t' day of July, 2000. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNt4. dREEK, CMC, City lerk City of La Quinta, California in