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5834FOLLOWS: ORDINANCE NO. 5834 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SUBSECTION .040 OF SECTION 1.09.050 OF CHAPTER 1.09 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CAMPAIGN REFORM; AND DECLARING THAT THIS ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That subsection .040 of Section 1.09.050 of Chapter 1.09 of Title 1 of the Anaheim Municipal Code be, and the same is hereby, repealed. adoption. SECTION 2. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect immediately upon its SECTION 3. DECLARATION OF URGENCY. The City Council declares that this ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety pursuant to Section 511 of the City Charter and the reasons for its urgency are as follows: 1. The City Council added Chapter 1.09 to Title 1 of the Anaheim Municipal Code by Ordinance No. 5360 adopted April 6, 1993, which Chapter 1.09 was subsequently repealed and readopted by Ordinance No. 5704 on October 19, 1999. 2. Said Chapter 1.09 of the Anaheim Municipal Code, known as the City of Anaheim Campaign Reform Law, in both its prior and its current codification, includes subsection .040 of Section 1.09.050 ("Section 1.09.050.040") which limits contributions to persons or committees making independent expenditures supporting or opposing candidates for city office in Anaheim under certain specified circumstances. 3. On or about October 24, 2002, The Lincoln Club of Orange County, The Lincoln Club of Orange County State PAC, and The Lincoln Club of Orange County Independent Expenditure PAC (the "Lincoln Clubs") filed suit in United States District Court, 1 Central District of California (the "Court"), challenging the constitutionality of Section 1.09.050.040 and similar ordinance of the County of Orange and other cities in the case of Lincoln Club of Orange County, et al. v. City of Anaheim, California, et al., United States District Court Case No. SACV02-874 AHS(MLGx). 4. On September 24, 2002, the Court entered its order temporary restraining the City of Anaheim from enforcing Section 1.09.050.040 pending a noticed hearing on plaintiffs, motion for issuance of a preliminary injunction against the enforcement of said Section 1.09.050.040. 5. On October 3, 2002, the Court, the Honorable Alicemarie H. Stotler, judge presiding, entered a preliminary injunction indefinitely restraining the enforcement of Section 1.09.050.040 upon a determination of a strong likelihood that said section would be found to be unconstitutional at the time of trial on the merits. 6. The next general municipal election to be held in the City of Anaheim will occur on November 5, 2002, only three weeks from this date, at which time the electorate will elect a new mayor and two new council members. 7. The adoption of this ordinance as an emergency measure to take immediate effect is necessary to protect the public peace and safety by assuring that all persons and committees desiring to make independent expenditures in said election are treated uniformly and to provide certainty to such persons and committees, and the persons desiring to make contributions thereto, as to the local campaign contribution laws which will apply to said election. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 15th day of October 2002. ATTEST: G' ".Of TY CLLeRK OF THE CITY OF ANAHEIM 46822.1 2 e2�Fn pjxaos�� MAYOR OF THE CITY OIUANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5834 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 15th day of October, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of October, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS ABSENT (SEAL) MAYOR/COUNCIL MEMBERS None None CftY CLERK OF HE CITY OF ANAHEIM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) 1 am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: October 24, 2002 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date_ October 24, 2002 -` Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp � la. ars► 1 rm �. W Is o�i � � s M RD I CM (9FRE f� Y OF ANAHEIM DOES O SECI ai1- y 04ii of t 09 050 of ctvter t09 of Ti�Mi t� be, and. s'me is haw*. rdpiiibd. SECM10N2 EFFfiCTIVE DATE.OF ORDINANCE. ThlaorcWwhb0 SIMS NN NfedknmedWb1y W - Ms SECMwM DECLARATION OF URGENCY. The C4 9-1-1 d -,W- dtia o tl�is �`y` +a>yId950tlon511 of the Gf� ft:and Vw reasons hr Ns droenaY w r folk»n: 1. The C k Count d added 09 b TM01 ct ft - �Noa. q�� dady�eav-ted �p� to, fio: ST04` on tlotobe� 1s,1t199. 2. sold Chapter 1.09 Of the AnrtaknCode, known sa"4MY d Anahelrn crrpaiM+WM M n LOM, w bot},t mCWWd�96t04w*>Whtion.lp�Cb on -ft or for city nn ces. 3. On or 4IMPA OdObW 24lub, 2OW, T1» Or PT No Trf. tradin CAW) ON In EMm1dkWpAC OM •Lkwxin C Mbt Mid aux i1 stales Dlrrict Could CanlrN Disttlet of Calbmis 010- 1 C otrt'1, ttNYknphD t�eE alsAy Ofan9e .09:006600 sne d end a)(Air t io in to Poo of Gill �iun- ty, at d. v. at ArrtrYn.OtAL Diishict iatCateND. sACYO¢eT4 ra Order tSae4noplloerf+e� 1dA•e phdb' *;bJIM tYeeiin9vn III ;66 o. at =32210040- 5. �dinMMafFOB.o VOW the W*XC MM of said 9seNon i. 040. 5.On October 3 200! ate Coact. Ota Nonarebb A+�«n.�at♦.smd�, pr+a, adnd a o'NOMY: ttut acid eeeaon• ilkkdto be at the am. of air anihe media. 5. iin� aaaclimlo be haid k, a+e city.at a#, onlbaaelbea6.ago¢ t ware avo ihhAft at time lfr a new mayor and lob asrr couttCA 7. Theeda 0 ardYMnoe ae as now pub Iand t r .. in said law d io m�iks >rMtale, aeai aonhA bwWn � adAe� wllappty to acid Tt*ad and aiiopbrt byftCft" #At alb 15th date of . TOM MY MAYOR OF THE CRY OF ANAHEII ATTEST: atY�O K aff OF ANAMM Ak fwd MA : Fekto". Naft OM ABSENT: MA NO Ao nAe 5415Et6--