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78-007,. i ~~ RESOLUTIOTI N0. 78R- ~ A R.ESOLUTLON OF THE CITY COUNCIL OF THE CITY ..-_. OF ANAHEIM, CALIFORNIA, ORDERING. THE SUBMISSIOTd 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 3450 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 to 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 ll, 1978. SECTION 2. The proposed amendment to 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 Ci y 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 1877-197.8 fiscal year as adjusted by a percentage equal to the following: -1- (1) The percentage increase in the resident population of the City from January 1, 1977, 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 be set 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 assessed value of taxable property within the City. In the event the information specified in subparagraphs (1) 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 to 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 constitutes a danger to the public health, safety or welfare, or of a general disaster, which 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 total membership of the City Council and shall be levied for one (1) year only. In the event that the property tax rate has been set when an additional rate is authorized pursuant to this paragraph, such additional rate may be levied in the next following fiscal year. (d) If this Charter measure receives the highest affirmative vote with respect to other proposed amendments of Article XII of the Charter considered at the same election, then this measure shall prevail and such other proposed amendments shall be null and void." 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 1207 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 the 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 1977-197$ fiscal year as adjusted by i~tO (1) percentage increase in resident popu lation plus (2) percentage increase in the California Consumer Price Index; and if this measure receives the highest affirmative vote with respect to other proposed amendments of Article XII of the Charter it shall prevail and such other proposed amend- ments shall be null and void? -3- t..,.. SECTION 4. That said proposed amendment as set forth in Section 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 than forty (40) 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. SECTION 5. That the City Clerk is directed and authorized pursuant to the authority contained in Section 34456 et seq. of the Government Code 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, 1978, until April 11, 1978, advertise in the Anaheim Bulletin that copies of said Charter Amendment may be had on application therefore at the Office of the City Clerk. SECTION &. That this Resolution shall take effect immediately. THE FOREGOING RESOLUTION is approved the City Council of the City o~' Anaheim this Januarv ~ 1 ~ 7 8 ATTEST: f. CITY C ERK OF THE TY OF ANAHEIP~T WPH:~h -4- and adopted by 3rd day of 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-7 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of .Anaheim held on the 3rd day of January, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour and Roth NOES: COUNCIL MEMBERS: Kott and Thom ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R-7 on the 3rd day of January, 1978. IN WITNESS WHEREOF, I have hereunto set. my hand and affixed the seal of the City of Anaheim this 3rd day of January, 1978. ~'-~ ; CITY CLERK 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. 78P.-7 duly passed and adopted by the Anaheim City Council on January 3, 1978. J -. _ CITY CLERK