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80R-096 RESOLUTION NO. 80 R-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON JUNE 3, 1980, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PRO- POSED AMENDMENT TO THE CHARTER OF SAID CITY AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE. WHEREAS, pursuant to authority provided by Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code of the State of California, the City Council of the City of Anaheim desires to submit to the electors of said City the hereinafter specified proposed charter amendment; and WHEREAS, the City Council of the City of Anaheim is thereupon authorized and directed by statute to submit the proposed amendment to the Charter to the qualified voters of said City. NOW, THEREFORE, the City Council of the City of Anaheim, California, does hereby resolve, declare, determine and order as follows: SECTION 1. That pursuant to Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code of the State of California, it is hereby ordered that said proposed amendment to the Charter of the City of Anaheim be submitted to the electors at a special municipal election to be held in said City on June 3, 1980. SECTION 2. The proposed amendment to the Charter of said City to be submitted to the voters shall be as follows (additions are underlined and deletions are indicated by cross-outs): Section 1210. REVENUE BONDS. Bonds which are payable only out of such revenues as may be specified in such bonds may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City. Except as provided in section 1210.1, no He such bonds payable out of revenues shall be issued without the assent of a majority of the voters voting upon the proposition for issuing the same at an election at which such proposi- tion shall have been duly submitted to the qualified electors of the City. -1- "'_.~~,.,....-,'- "'C~~'""_""_'____"'"_'~'-'~___"""'-_"""""'=_"_"""""""_~'.---""i~.._,. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the main- taining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principal and/ or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special fund was established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Nothing contained in this Section 1210 shall limit the power of the City to borrow money in anticipation of the sale and issue of revenue bonds which have been duly aut.1i'O"rizecI hereunder, in ~ sum not in excess of the principal amount of said bonds. For that purpose, the City may sell and issue negotiable revenue bond anticipation notes in such manner and subject to such terms and conditions as the City Council may prescribe ~ ordinance. Section 1210.1. REFUNDING REVENUE BONDS. (a) Refunding bonds may be issued to purchase, redeem or retire any revenue bond anticipation notes heretofore or hereafter issued Eursuant to Section 1210. (b) Refunding bonds may be issued to purchase, redeem or retire any bonds heretofore or hereafter issued pursuant to Section 1210 or this Section 1210.1, whenever the City Council determines ~ ill the true interest cost to maturity on such refundIng bonds is less than the true interest cost to maturity on the bondS ~be-refunded, or~ ISsuance of the refunding bondS will remove or mItIgate resfrICtIVe contractual limitations pertaining to the bonds to be refunded. The last maturity of any issue of refunding bonds issued under this paragraph 1Ql shall be no later than the last maturity of the issue or issues of bonds to be refunded. - -- All provisions of Section 1210 are applicable to refunding bonds, except that no additional election shall be required to authorize their issuance. -2- --"'~--_-..---"~----._"",.............~.,-."".">.,~,,,,...,-,,.,,,,,......._~~~~,,. .... The foregoing proposal hereby submitted shall appear upon the ballots for said special municipal election in the following form: Shall Section 1210 of the Charter of the City of Anaheim be amended (1) to permit the issuance of refunding bonds to YES purchase, redeem or retire revenue bonds already approved by voters without an additional vote; and (2) to permit the issuance of revenue bond anticipation notes in anticipation of the issuance of NO revenue bonds already approved by voters? L SECTION 3. That the polls for said election shall be opened at seven o'clock A.M. of the day of said election and shall remain open continuously from said time until eight o'clock P.M. of the same day, when said polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 4. That the special election hereby called for the date hereinbefore specified shall be, and is hereby, ordered consolidated with the statewide general election to be held on said date, and within said City the precincts, polling places and officers of election for the special munici- pal election hereby called shall be the same as those provided for said statewide general election. The Board of Supervisors of Orange County is hereby requested to order the consolidation of the special municipal election hereby called with said statewide general election, and the Registrar of Voters of the County of Orange is hereby authorized to canvass the returns of said special municipal election, and said elections shall be held in all respects as if there were only one election, and only one form of ballot. Said Registrar of Voters shall certify the results of the canvass of the returns of said special municipal election to the City Council of said City which shall thereafter declare the results thereof. The propo- sitions submitted by this resolution shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10219 of the Elections Code. SECTION 5. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. -3- '~"'",-..-_".,_..""__';..,;,..c'-- _."'",,,,,__,,-,,,,,..,_,,,-,c~_,"_',,_,,~"~+~,~, _ SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. SECTION 7. That this Resolution shall take effect immediately. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 11th day of March, 1980. ATTEST: ElM ~~~~~-' CITY CLERK OF THE ITY OF ANAHEIM RO F : j h -4- ......................-- ~...~-, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 80R-96 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 11th day of March, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood~ Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R-96 on the 11th day of March, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of March, 1980. ~. .Q. . ;).~ /' .- ~;) . ',' ".-/ CI~LERK OF THE CITY ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 80R-96 duly passed and adopted by the Anaheim City Council on March 11, 1980. ~..~~~J:J~ CITY CLERK _,~~,,,,,,,,,,,,=,=,~,,"'._~-'<L'~,,",'_""~___,~,