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80R-098 RESOLUTION NO. 80R-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR AND AGAINST A PROPOSED AMENDMENT TO SECTION 1210 OF THE CHARTER OF THE CITY OF ANAHEIM. WHEREAS, a special municipal election is to be held in the City of Anaheim on June 3, 1980, at which there will be submitted to the qualified electors of the City the following proposed amendment to the Charter of said City: PROPOSED CHARTER AMENDMENT It is proposed that Section 1210 of the Charter of the City of Anaheim be amended to read as follows: 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 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. 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. -1- -~'-'''''.--'' ,."."..'...,-",..,_..,"---......__.-.~..._-" ___",-,~,"",,"'_'.'.....' ......."',._...-."..c.,...". _ 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 authorized hereunder, in a 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 by 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 pursuant 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 that (1) the true interest cost to maturity on such refunding bonds is less than the true interest cost to maturity on the bonds to be refunded, or (2) issuance of the refunding bonds will remove or mitigate restrictive contractual limitations pertaining to the bonds to be refunded. The last maturity of any issue of refunding bonds issued under this paragraph (b) 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That this City Council, being the legislative body of the City of Anaheim, hereby authorizes Mayor John Seymour Mayor Pro Tem E. Llewellyn Overholt, Jr. Council Member Miriam Kaywood Council Member Ben Bay Council Member Don R. Roth members of said body, to file a written argument for the City measure set forth in the recitals hereof in accordance with Section 5013 of the Elections Code of the State of California and to change said argument until and including the date fixed by the City Clerk after which no arguments for or against said measure may be submitted. -2- "'''';",..~--,,~ .... SECTION 2. That this City Council, being the legislative body of the City of Anaheim, hereby authorizes None members of said body, to file a written argument against the City measure set forth in the recitals hereof in accordance with Section 5013 of the Elections code of the State of California and to change said argument until and including the date fixed by the City Clerk after which no arguments for or against said measure may be submitted. THE FOREGOING RESOLUTION is approved and adopted by the City Counc il of the City of Anahe im th is 11th day of March, 1980. ATTEST: c~~d:~u:~ ANAHEIM RO F : j h -3- 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-98 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~98 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. ~~~.)L1~ CITYERK OF THE CITY- OF 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-98 duly passed and adopted by the Anaheim City Council on March 11, 1980. ~JB~ CI TY CLERK ~L