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Home My WebLink AboutCC RES 97-055, -- -.� -C�1�' /�;:�-U(S RESOLUTION NO. 97-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFOItNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUIVICIPAL ELECTION TO BE HELD ON TCIESDAY, November 4, 1997, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY TIiE PROVISIONS OF THE LAWS OF THE STATE OF CALIFOItNIA RELATING TO GENERAL LAW CITIES AND FOR TI� SUBMISSION TO TI� VOTERS A QUESTION RELATING TO A CAARTER FOR THE CITY OF PALM DESERT. WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday November 4, 1997, for the election of Municipal Ofiicers; and WHEREAS, the Ciry Council also desires to submit to the voters at the election a question relating to a charter for the City of Palm Desert; NOW, THEREFORE, the City Council of the City of Palm Desert, Califomia, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Palm Desert, Califomia, on Tuesday, November 4, 1997, a General Municipal Election for the purpose of electing two Members of the City Council for the full term of four yeazs; SECITON 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election thc following question: Shall the Charter be adopted making Palm Desert YES a Charter City so that the laws of Palm Desert shall prevail over State law with respect to municipal NO affairs? SECTION 3. That the proposed charter submitted [o the voters is attached as Exhibit A. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphemalia that - may be necessary in order to properly and lawfully conduct the election. Resolution No. 97-55 City of Palm Desert, California SECTION 6. That the polls for the election shall be open at seven o'clock am. of the day of the election and shall remain open continuously from that time unti18:00 p.m. dclock p.m. of the same day when the polls shall be closed, except as provided in § 14401 of the Elections Code of the State of Califomia. SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SEC"I'ION 9. That notice of the dme and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED and ADOPTED at the regular meeting of the Palm Desert City Council held on the 26th day of June, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BENSON, SNYDER, SPIEGEL, and KELLY NONE CRTI'ES NONE �E9T: � / /��' � �'�GL-�� ' Sheila R. Gillig , City Clerk� City of Palm Desert, Californ�a � 2 ,• . � Res. No. 9�-55 ATTACHMENT "A" . CHARTER OF CITY OF PALM DESERT PREAMBLE We the people of the City of Palm Desert declare our intent to maintain in 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 better serve and promote the health, safety and welfaze 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 Palm Desert. CHARTER ART'ICLE 1. MUNICIPAL AFFAIItS. Section 100. Municinal Affairs: Generally. Each of the responsibilities of governance set forth and described in this Charter, and as established by the Constiwtional, statutory and judicially defined law of the State of California, is hereby declared to be a municipal affair or concern, the performance of which is unique to the benefit of the City of Palm Desert. Section 101. Powers of Citv. The Ciry shall have full power and authority to adopt, make, exercise and enforce all legislation, laws and regulations with respect to municipal affairs, subject only to such limitations and restrictions as may be provided in this Charter and in the Consritution of the State of California. ARTICLE 2. FORM OF GOVERNMENT. Section 200. Form of Government. The municipal government established by this Charter shall be known as the "Council-Manager" form of government. The City Council establish the policy of [he City; the City Manager shall carry out that policy. ARTICLE 3. REVENUE, SAVINGS AND GENERATION. Section 300. PubGc 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. Res. No. 97-55 Section 301. ��b1i F'nancinF The City shall have the power to establish standards, procedures, niles or regulations related to any public financing. Section 302. Ut�Ltv Fr n hic c. The City shall have the power to adopt any ordinance providing for the acquisition, development or operation by the City of any public utility and/or any ordinance providing for the granting of a franchise, license or pernvt to any public utiliry not owned by the Ciry which proposes to use or is using City streets, highways or other rights-of-way. Section 303. Fr.*�. w ��. 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. Section 304. F�conomic and Communitv Develo�nt. The Ciry shall have the power to utilize revenues from the general fund to encourage, support and promote economic and community development in the Ciry. ARTICLE 4. REVENUE RETENTION. Secdon 400. Red�ctons Prolibited. Any revenues raised and collected by the Ciry shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government. Section 401. 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 5. GENERAL LAWS. Section 500. General Law Powers. In addition to the power and authoriry granted by the terms of this Charter and the Constitution of the State of California, the City shall ha�e 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 Califomia 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 conuol. � 2 . .• Res. No. 97-55 ARTICLE 6. INTERPRETATION. Section 600. Gon_��tion �nd Lnternret?tion. 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 powers to govern with respect to any matter which is a municipal affair. . Section 601. Severabilitv. 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. ARTICLE 7. AMENDMENT. Section 700. Amendment to Ch�rter, revised or re� This Charter, and any of its provisions, may be amended by a majority vote of its electors voting on the question. Amendment or repeal may be proposed by initiative or by the governing body. v 3