78-041RESOLUTION N0. 78R- 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY.
OF ANAHEIM, CALIFORNIA, ORDERING THE SUBMISSION
~.. TO THE. ELECTORS. OF SAID CITY OF A PROPOSAL FOR
AN AMENDMENT TO THE CHARTER OF SAID CITY AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID
CITY ON APRIL 11, 1978.
WHEREAS, pursuant to authority provided by Article XI
of the Constitution of the .State of California and Section 34450
et seq. of .the .Government Code of the. State of California, the
City Council of .the City of Anaheim desires to submit to the
qualified. electors of said City a proposed amendment to the
Charter of the City of Anaheim; and
WHEREAS, the City Council of the City of Anaheim is
thereupon authorized by statute to submit the proposed amendment
to the City Charter. to the qualified. voters of said City at a
general municipal election to be held in said City on April 11,
1978.
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
California Constitution and Section 34450 et seq. of the California
Government Code, it is hereby. ordered that said proposal for the
amendment o the Charter. of the City of Anaheim be submitted to
the electors at the general municipal election to be held in said
City on April 11, 2978.
SECTION 2. The proposed amendment o the Charter of said
City submitted to the voters shall be as follows:
PROPOSED CHARTER AMENDMENT
It is proposed. that Article XII, Section 1207
of the Charter of the-City. of Anaheim be amended to read
as follows:
"Section 1207. -TAX LIMITS
(a) Except as otherwise provided in this Section,
the City Council shall not ..levy an annual property tax
"°~'~' for .municipal purposes. in excess of the property tax
rate estimated to be required to produce an annual
property tax revenue so received by the City for the
1977-1978 fiscal year as adjusted by a percentage equal
to the following:
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(l) The percentage .increase in the resident
.population of the City from January 1,.197.7, to
January 1 of .the current year as estimated by the
Department of Finance of the State of California, plus
~-- (2) The percentage increase in the California
Consumer Price Index for all items-from April 1, 1977,
to April 1 of the current year as determined by the
California Department of Industrial Relations.
Should said annual property tax rate. produce a
property tax revenue in excess of the property tax revenue
otherwise allowable by the provisions of this paragraph,
said excess revenue shall beset aside and reserved by the
City for the next following fiscal year and shall be
deducted from .the .maximum property tax revenue otherwise
permitted to be raised for said following fiscal year
pursuant to this paragraph.'
As used in this Section, 'property tax rate'
shall mean any rate of tax which is levied per. unit of
asses ed value of taxable property within the City..
In the event the information specified in
subparagraphs (l) or (2) above is discontinued or otherwise
unavailable, the City .Council may designate an alternative
source therefor.
(b) In addition to the .tax levied pursuant to
Paragraph (a) of this Section, there shall be levied and
collected at the same. time :and in the-same manner as other
property taxes for .municipal purposes, if no other provision
for payment .thereof is made:
(1) A tax sufficient o meet all liabilities of
the City of principal and interest of all bonds and ,judgments
due and unpaid, or to become due during the ensuing fiscal
year, which constitute general obligations of the City; and
(2) A tax sufficient to meet all obligations of
the City under the State Employees' Retirement System, the
Federal Insurance Contributions Act, or other. plan, for the
retirement of City employees, due and unpaid or to become
due during the ensuing fiscal year.
~2_
(c) In the event of an emergency which consti utes
a danger. to he public. health, safety or welfare, or of
a general disaster, wYiich requires the City to incur
additional costs and obligations which cannot .be: met
under the maximum property tax levies otherwise permit-
ted by this Section, the City Council may levy an
additional tax which produces additional property. tax
revenues in an amount not .exceeding that which is necessary
to satisfy said costs. and obligations. Such a tax levy
shall be authorized only upon an affirmative vote of three-
fifths of the otal membership of the City Council and
shall be levied for one (l) year only.
In the event that the property tax rate has been.
set when an additional rate is authorized pur uant to this
paragraph, ,such additional rate may. be levied in the next
following fiscal year.
SECTION 3. That. .the foregoing proposal hereby submitted
shall appear upon the ballots for said general municipal election
in substantially the following form:
Shall Section 120.7. of the Charter
of the City of Anaheim be amended to
provide that the City Council shall not YES
levy an annual property tax in excess
of he property. tax rate estimated to
produce an annual property tax revenue
of an amount :equal to the property tax
revenue received by: the City for the N0
1977-197$ fiscal year as adjusted by.
(L) percentage increase in resident popu-
lation plus (2) percentage .increase in
the California Consumer Price Index?
SECTION 4. That aid proposed amendment as set .forth
in Sec ion 2 hereof, shall be advertised by publishing said
proposed amendment once in the Anaheim Bulletin, a newspaper. of
general. circulation in said City of Anaheim, and in each edition
thereof during the day of publication, said publication to be
not -less han forty (~0) nor more than sixty (60) days prior to
the :date. of said general municipal election. The :City Clerk
shall give 'such other notices: of the `submission of said Charter
amendment as may be required by: law.
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SECTION 5. That the City Clerk is directed and
authorized pursuant to the authority contained in Section 34456
et seq. of the Government .Coale of the State of California to
cause copies of said Charter Amendment to be: mailed to the
qualified electors of the City of Anaheim, and commencing on
February 10, 19.78, until April 11, 1978, advertised in the
Anaheim Bulletin that. copies of said Charter. Amendment may be
had on application therefore at .the Office of the City Clerk.
SECTION 6. That this Resolution shall take effect
and be deemed filed on January 31, 1978.
THE. FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 17th day of
Taniiar_~ - ' 1978
x
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N~A 0 0 THE. IT F ANAHEIM
ATTEST:
f
L R OF THE OF ANA E M
WPH:~h
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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. 78R-41.was introduced and adopted at a regular
meeting provided by-law,. of the City Council of the City of Anaheim held on
the 17th day of January, 1978, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Thom
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor-of-the City--of--Anaheim signed said
Resolution No. 78R-41 on the 17th day of January, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal~of the
City of Anaheim this 17th day of January, 1978.
f,
CITY CLE OF THE CITY 0 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. 78R-41 duly passed and adopted
by the Anaheim City Council on January 17, 1978.
..-.~~~ CLE~~K
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