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HomeMy WebLinkAboutORD 858ORDINANCE NO. 858 AN ORDINANCE OF OF PALM DESERT, RE -ADOPTING THE MUNICIPAL CODE CHARTER THEREIN. THE CITY COUNCIL OF THE CITY CALIFORNIA, RE-ENACTING AND PROVISIONS OF THE PALM DESERT AND INCORPORATING THE CITY WHEREAS, by the adoption of Ordinance No. 168, the City Council of the City of Palm Desert, then a General Law City, enacted and adopted a Code of Ordinance; and WHEREAS, on November 4, 1997, the voters of the City of Palm Desert ratified the Charter of the City of Palm Desert; and WHEREAS, on December 3 , 1997, the Secretary of State of the State of California accepted for said Charter for filing, which has been assigned Charter Chapter No. 19 for publication in the Statutes of 1997; and WHEREAS, on March 27 , 1998, the Charter was recorded in the County of Riverside Office of the recorder; and WHEREAS, is if the intent of the City Council, acting on behalf of the newly Chartered City of Palm Desert to en -enact and re -adopt the Code of Ordinances of the City of Palm Desert, 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 Palm Desert 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 its Code of Ordinances; and WHEREAS, the City Council desires that the recodified Code of Ordinances and the Charter of the city of Palm Desert be titled and referred to as "THE PALM DESERT CHARTER AND MUNICIPAL CODE"; NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: RMPUB\DJE\912 ,. ORDINANCE NO. 858 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 Palm Desert Municipal Code, including all amendments thereto, which is on file with the City Clerk of the City of Palm Desert, 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as provided herein, and shall, without interruption, remain in continuous force and effect unless and until amended or repealed by action of the City Council.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 Palm" Desert Charter, as ratified by the voters of the City of Palm Desert on November 4, 1997, and filed in the office of the secretary of State of California on December 3 , 1997,.is hereby acknowledged as effective and is ordered to be incorporated into the Code of Ordinances for he City of Palm Desert, 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 PALM DESERT CHARTER AND MUNICIPAL CODE". Section 5. That all provisions of "THE PALM DESERT 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 Palm Desert on file in the office of the City Clerk, and not incorporated into the terms of the previous Palm Desert Municipal Code, are hereby re-enacted and ere -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. Section 7. That, unless otherwise provided herein, particularly by the terms of Sections 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 of forfeiture incurred, or any contract or vested right established or accruing before the effective date of this ordinance; P"UB\DJE\91 z -2- ORDINANCE NO. 858 (2) Any contract or obligation assumed by the City; (3) any right or franchise granted by the City. Section 8. That, notwithstanding any right of the Charter City of Palm Desert to govern independently from State law with respect to land use matters, the City of Palm Desert 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 Palm Desert 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 Palm Desert Charter and Municipal Code or any title, chapter or section to the Palm Desert 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 Palm Desert Charter and Municipal Code shall be kept on file in the office of the Palm Desert City Clerk and it shall be the duty of the Palm Desert City Clerk, or the City Clerk's designee, to periodically update and maintain the Palm Desert Charter and Municipal Code with such amendments or additions made by ordinances adopted by the City Council or to delete from the Palm Desert Charter and Municipal, Code provisions which may be, from time to time, repealed by ordinances of the Palm Desert City Council. The copy of the Palm Desert charter and Municipal Code kept and maintained by the Palm Desert City Clerk "PALM DESERT CHARTER AND MUNICIPAL CODE" shall be the official Section 11. Whenever by the provisions of the "PALM DESERT 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 PALM DESERT CHARTER AND MUNICIPAL CODE. Section 12. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published and circulated within the City of Palm Desert, California. P,WUa\nJE\912 -3- ORDINANCE NO. 858 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the 8th day of ,Tart„ary , 1998, by the following roll call vote: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE �7 AN BENSON, MAYOR /¢pity of Palm Desert, CA ATTEST: B y fit/ SHEILA R. LLIGAN ity Clerk City of Palm Dese , CA APPROVED AS TO FORM: j, By DAVID J. FAWIN, City Attorney City of Palm Desert, CA SUB\Dm\912 -4-