90-291 RESOLUTION NO. 90R-291
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 90R-254 RELATING
TO ORDERING THE SUBMISSION TO THE ELECTORS OF THE
THE CITY OF ANAHEIM PROPOSED AMENDMENTS TO THE
CHARTER OF SAID CITY AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 6, 1990
WHEREAS, pursuant to authority provided by Section 3 of
Article XI of the Constitution of the State of California and
Section 4080 et seq. of the Elections Code of the State of
California, 'the City Council of the City of Anaheim desires to
submit to the qualified electors of said City proposed amendments
to the Charter of the City of Anaheim; and
WHEREAS, the City Council of the City of Anaheim is
authorized by its Charter and by statute to submit proposed
amendments to the City Charter to the qualified voters of said
City at a general municipal election to be held in said City on
November 6, 1990; and
WHEREAS, the City Council of the City of Anaheim
heretofore adopted Resolution No. 90R-254 ordering the submission
to the electors of said City certain proposed amendments to the
Charter of said City at the General Municipal Election to be held
in said City on November 6, 1990; and
WHEREAS, Section 1 of said Resolution No. 90R-254 sets
forth the text and ballot wording for 17 measures concerning
proposed amendments to the Charter; and
WHEREAS, the City Council desires to amend said
Resolution No. 90R-254 by deleting therefrom certain measures in
their entirety.
NOW, THEREFORE, the City Council of the City of Anaheim,
California, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as
follows:
SECTION 1.
That Section 1 of Resolution No. 90R-254 be, and the same
is hereby, amended to read as follows:
"SECTION 1.
That pursuant to Section 3 of Article XI of the
California Constitution and Section 4080 et seq. of the
California Elections Code, it is hereby ordered that the
following ballot measures proposing amendments to the Charter
of the City of Anaheim be submitted to the electors of the
City at the general municipal election to be held in said City
on November 6, 1990:
Measure No. 1:
The full text of Measure No. 1 (with additions to and
deletions from the current Charter text indicated thereon) is set
forth on Attachment No. i attached hereto and incorporated herein
by this reference as if set forth in full.
Said Measure No. 1 shall appear upon the ballots for said
general municipal election in substantially the following form:
Shall Sections 515 and 1501 of the City Charter
be amended to increase the maximum fine YES
for Charter or ordinance violations from
$500 to $1000 and to allow future fine NO
increases in conformance with state law.
Measure No. 2:
The full text of Measure No. 2 (with additions to and
deletions from the current Charter text indicated thereon) is set
forth on Attachment No. 2 attached hereto and incorporated herein
by this reference as if set forth in full.
Said Measure No. 2 shall appear upon the ballots for said
general municipal election in substantially the following form:
Shall Section 518 of the City Charter be amended
to expressly authorize Stadium and Convention Center YES
event agreements to be executed by the Stadium
and Convention Center general managers at rates NO
fixed or authorized by the City Council?
Measure No. 5:
The full text of Measure No. 5 (with additions to and
deletions from the current Charter text indicated thereon) is set
forth on Attachment No. 5 attached hereto and incorporated herein
by this reference as if set forth in full.
Said Measure No. 5 shall appear upon the ballots for said
general municipal election in substantially the following form:
Shall Sections 604 and 1206 of the City Charter
be amended to authorize the City to contract YES
for services under the City's centralized
purchasing system? NO
Measure No. 4:
The full text of Measure No. 4 (with additions to and
deletions from the current Charter text indicated thereon) is set
forth on Attachment No. 4 attached hereto and incorporated herein
by this reference as if set forth in full.
080390 2
Said Measure No. 4 shall appear upon the ballots for said
general municipal election in substantially the following form:
Shall Sections 705, 706 and 1216 of the City
Charter be amended to authorize the use of YES
negotiable instruments (checks) which are
less expensive than the City warrants currently
required for payment of City obligations, and
to increase the time limit for presentation of NO
claims against the City from 100 days to six
months to conform to current state law?
Measure No. S:
The full text of Measure No. 5 (with additions to and
deletions from the current Charter text indicated thereon) is set
forth on Attachment No. S attached hereto and incorporated herein
by this reference as if set forth in full.
Said Measure No. S shall appear upon the ballots for said
general municipal election in substantially the following form:
Shall Section 511 of the City Charter be amended
to authorize the City Council to adopt a single YES
motion at any City Council meeting waiving the
oral reading of the complete text of all ordinances
and resolutions adopted at such meeting in lieu of
the current procedure which requires a separate NO
waiver for each ordinance or resolution?
Measure No. 6:
The full text of Measure No. 6 (with additions to and
deletions from the current Charter text indicated thereon) is set
forth on Attachment No. 6 attached hereto and incorporated herein
by this reference as if set forth in full.
Said Measure No. 6 shall appear upon the ballots for said
general municipal election in substantially the following form:
Shall Section 1401 of the City Charter be amended YES
to authorize the City Council to grant franchises
upon the terms and conditions specified in
the ordinance granting the franchise? NO
Measure No. 7:
The full text of Measure No. 7 (with additions to and
deletions from the current Charter text indicated thereon) is set
forth on Attachment No. 7 attached hereto and incorporated herein
by this reference as if set forth in full.
080590 5
Said Measure No. 7 shall appear upon the ballots for said
general municipal election in substantially the following form:
Shall Section 1221 of the City Charter be
amended to authorize the City Council, with YES
regard to the City's water and electric
utilities, to establish ratepayer discount and
other programs to assist residential customers
in the payment of their utility bills and allowing NO
the cost of such programs to be paid from the
City's utility revenues?
Measure No. 8:
The full text of Measure No. 8 (with additions to and
deletions from the current Charter text indicated thereon) is set
forth on Attachment No. 8 attached hereto and incorporated herein
by this reference as if set forth in full.
Said Measure No. 8 shall appear upon the ballots for said
general municipal election in substantially the following form:
Shall Section 1210 of the City Charter
be amended, and shall new Sections 1210.2 YES
and 1210.3 be added thereto, authorizing
the City Council to sell and issue water and
electric utility bonds and notes which are not
paid from property taxes and do not constitute an NO
indebtedness or general obligation of the City,
without an election, under limited circumstances
prescribed in the measure?
SECTION 2.
That the ballots to be used at the election shall be in
form and content as required by law.
SECTION 3.
That the City Clerk is authorized, instructed and
directed to procure and furnish any and all official ballots,
notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and
lawfully conduct the election.
SECTION 4.
That the polls for the election shall be open at seven
o'clock a.m. of the day of the election and shall remain open
continuously until eight o'clock p.m. of the same day when the
polls shall be closed, except as provided in Section 14501 of the
Elections Code of the State of California.
080390 4
SECTION 5.
That in all particulars not recited in this resolution,
the election shall be held and conducted as provided by law for
holding municipal elections.
SECTION 6.
That notice of the time and place of holding the election
is given and the City Clerk is authorized, instructed and directed
to give further or additional notice of the election, in time,
form and manner as required by law.
SECTION 7.
That, except as expressly amended herein, Resolution No.
90R-254 shall remain in full force and effect.
SECTION 8.
That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original
Resolutions.
PASSED, APPROVED AND ADOPTED ON July 31 , 1990.
ATTEST:
CITY CLERK, CITY OF ANAHEIM
(Seal)
JLW:lm
3837L
080390 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORAN. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-291 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 31st day of July, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Daly, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-291 on the 1st day of August, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 1st day of August, 1990.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-291, duly passed and
adopted by the Anaheim City Council on July 31, 1990.
CITY CLERK OF THE CITY OF ANAHEIM
Section 515. ORDINANCES. VIOLATION.
PENALTY.
A violation of any ordinance of the City shall
constitute a misdemeanor unless by ordinance it is made an
infraction. Any such violation may be prosecuted in the name of
the People of the State of California and/or may be redressed by
civil action. The maximum fine or penalty for conviction of any
misdemeanor shall be the sum of F~/~ One Thousand
Dollars or such greater sum as authorized by state law, or a term
of imprisonment for a period not exceeding six months, or both.
The City Council may provide by ordinance Z½~ that persons
imprisoned ~/~/~/J~! for violation of law or ordinance
may be compelled to labor on public works. The maximum fine or
penalty for conviction of any infraction shall be as set forth by
state law.
ATTACHMENT NO. 1
3520V Page 1 of 2
Section 1501. VIOLATIONS.
The violation of any provision of this
Charter shall be a misdemeanor and shall be punishable upon
conviction by a fine of not exceeding F~/~
One Thousand Dollars or such qreater sum as authorized by state
law, or by imprisonment for a term of not exceeding six months~ or
by both such fine and imprisonment.
ATTACHMENT NO. 1
4566V Page 2 of 2
Section 518. CONTRACTS. EXECUTION.
The City shall not be bound by any contract,
except as hereinafter provided, unless the same shall be made in
writing, approved by the City Council and signed on behalf of the
City by the Mayor and City Clerk or by such officer or officers as
shall be designated by the City Council. Any of said officers
shall sign a contract on behalf of the City when directed to do so
by the City Council.
By ordinance or resolution the City Council may
authorize the City Manager to bind the City, with or without a
written contract, for the acquisition of equipment, materials,
supplies, labor, services or other items included within the
budget approved by the city Council, and may impose a monetary
limit upon such authority.
The City Council may by ordinance or resolution
provide a method for the sale or exchange of personal property not
needed in the City Service or not fit for the purpose for which
intended, and for the conveyance of title thereto.
Contracts for the exhibition of events at
Anaheim Stadium may be made by the Stadium General Manager or the
head of such department or the City Manager at rates fixed or
authorized by the City Council provided the form of any such
contract is approved by the City Attorney.
Contracts for the exhibition of events at the
Anaheim Convention Center may be made by the Convention Center
General Manager or the head of such department or the City Manager
at rates fixed or authorized by the City Council provided the form
of any such contract is approved by the City Attorney.
Contracts for the sale of the products,
commodities or services of any public utility owned, controlled or
operated by the City may be made by the manager of such utility or
by the head of the department or City Manager upon forms approved
by the City Manager and at rates fixed by the City Council.
The provisions of this Section shall not apply
to the employment of any person by the City at a regular salary.
ATTACHMENT NO. 2
3521V
section 604. POWERS AND DUTIES
The City Manager shall be the chief
administrative officer and head of the administrative branch of
the City Government. Except as otherwise provided in this
Charter, he shall be responsible to the City Council for the
proper administration of all affairs of the City. Without
limiting the foregoing general grant of powers, responsibilities
and duties, subject to the provisions of this Charter, including
the personnel provisions thereof, the City Manager shall have
power and be required to:
(a) Appoint, and he may promote, demote,
suspend or remove all department heads, officers and employees of
the City except elective officers and those department heads,
officers and employees the power of whose appointment is vested by
this Charter in the City Council. He may authorize the head of
any department or office to appoint or remove subordinates in such
department or office. No department head shall be appointed or
removed until the City Manager shall first have reviewed such
appointment or removal with the City Council and received its
approval for such appointment or removal.
(b) Prepare the budget annually, submit it to
the city Council, and be responsible for its administration after
its adoption.
(c) Prepare and submit to the City Council as
of the end of each fiscal year, a complete report on the finances
of the City for the preceding fiscal year, and annually or more
frequently, a current report of the principal administrative
activities of the City.
(d) Keep the City Council advised of the
financial condition and future needs of the City and make such
recommendations as may to him seem desirable.
(e) Establish a centralized purchasing system
for all City offices, departments and agencies.
(f) Prepare rules and regulations governing
the contracting for, purchasing, inspection, storing, inventory,
distribution and disposal of all supplies, materials~ ~
equipment and services required by any office, department or
agency of the City government and recommend them to the City
Council for adoption by ordinance, and administer and enforce the
same after adoption.
(g) See that the laws of the State pertaining
to the City, the provisions of this Charter and the ordinances,
franchises and rights of the City are enforced.
(h) Exercise control of all administrative
offices and departments of the City and of all appointive officers
and employees except those directly appointed by the City Council
and prescribe such general rules and regulations as he may deem
necessary or proper for the general conduct of the administrative
offices and departments of the City under his jurisdiction.
(i) Perform such other duties consistent with
this Charter as may be required of him by the City Council.
ATTACHMENT NO. 3
4486V Page 1 of 2
Section 1206. CENTRALIZED PURCHASING.
Under the control and direction of the
City Manager there shall be established a centralized purchasing
system ~or all City departments and agencies, except as otherwise
in this Charter provided. The City Manager shall recommend and
the City Council shall consider and adopt by ordinance, rules and
regulations governing the contracting for, purchasing, storing,
and distribution of all supplies, materials~ ~ equipment and
services required by any o~fice, department or agency of the City
government.
ATTACHMENT NO. 3
4487V Page 2 of 2
Section 705. CITY TREASURER. POWERS AND DUTIES.
The City Treasurer shall have the power and shall be
required to:
(a) Receive on behalf of the City all taxes,
assessments, license fees and other revenues of the City, or for
the collection of which the City is responsible, and receive all
taxes or other money receivable by the City from the County, State
or Federal Government, or from any Court, or from any office.
department or agency of the City.
(b) Have custody of all public funds belonging to
or under control of the City or any office, department or agency
of the City government and deposit or cause to be deposited all
funds coming into his hands in such depository as may be
designated by resolution of the City Council, or, if no such
resolution be adopted, then in such depository designated in
writing by the City Manager, and in compliance with all of the
provisions of the State Constitution and laws of the State
governing the handling, depositing and securing of public funds.
(c) Pay out moneys on proper orders~ ~
warrants~ checks, or other neqotiable instruments in the manner
provided for in this Charter~ and verify authenticity and
accuracy of all checks and other neqotiable instruments drawn upon
any City depository and return incorrect, forqed or otherwise
unauthorized checks and instruments to such depository.
(d) Prepare and submit to the Director of Finance
monthly written reports of all receipts, disbursements and fund
balances, and shall file copies of such reports with the City
Manager.
(e) Perform such other duties consistent with this
Charter as may be required by ordinance or resolution of the City
Council.
ATTACHMENT NO. 4
3629V Page 1 of 3
Section 706. DIRECTOR OF FINANCE.
POWERS AND DUTIES.
The Director of Finance shall have the power and
~shall be required to:
(a) Have charge of the administration of the
financial affairs of the City under the direction of the City
Manager, and be head of the Finance Department of the City.
(b) Assist the City Manager in the preparation and
execution of the budget.
(c) Establish and maintain a system of financial
procedures, accounts and controls for the City government and each
of its offices, departments and agencies.
(d) Supervise and be responsible for the
disbursement of all moneys and have control of all expenditures to
insure that budget appropriations are not exceeded; audit all
purchase orders before issuance: audit and approve before payment,
all bills invoices, payrolls, demands or charges against the City
government; with the advice of the City Attorney, when necessary,
determine the regularity, legality and correctness of such claims,
demands or charges: and draw warrants upon the City Treasurer, or
where such procedure is authorized by the City Council, prepare
checks or other negotiable instruments drawn upon a proper City
depository for the approval and signature of the City Treasurer
and countersignature of the Mayor, for all claims and demands
audited and approved as in this Charter provided specifying the
purpose for which drawn and the fund from which payment is to be
made.
(e) See that all taxes, assessments, license .fees
and other revenues of the City, or for the collection of which the
city is responsible, and a'11 other money receivable by the City
from the County, State or Federal Government, or from any court,
office, department or agency of the City are collected.
(f) Submit to the City Council through the City
Manager a monthly statement of all revenues and expenditures in
sufficient detail to show the exact financial condition of the
city: and, as of the end of each fiscal year, submit a complete
financial statement and report.
(g) Supervise the keeping of current inventories of
all property of the City by all City departments, offices and
agencies.
(h) Perform such other duties consistent with this
Charter as may be required.
ATTACHMENT NO. 4
363OV Page 2 of 3
Section 1216. CLAIMS AND DEMANDS.
PRESENTATION AND PAYMENT.
Procedures prescribed by the State
Legislature governing the presentation, consideration and
enforcement of claims against chartered cities or against
officers, agents and employees thereof shall apply to the
presentation, consideration and enforcement of claims against the
City.
In the absence of applicable procedures
prescribed by the State Legislature, and to the extent that the
same are not inconsistent therewith, the following provisions of
this Section shall govern the presentation, processing and payment
of all claims and demands against the City.
All claims for damages against the City
must be presented in writing to the City Clerk within
~/½~/~ six months after the occurrence, event or
transaction from which the damages allegedly arose, and shall set
forth in detail the name and address of the claimant, the time,
date, place and circumstances of the occurrence and the extent of
the injuries or damages sustained. All such claims shall be
approved or rejected in writing by order of the City Council and
the date thereof given.
All other demands against the City must be
in writing and may be in the form of a bill, invoice, payroll, or
formal demand. Each such demand shall be presented to the
Director of Finance within one hundred days after the last item of
the account or claim accrued. The Director of Finance shall
examine the same. If the amount thereof is legally due and there
remains on his books an unexhausted balance of any appropriation
against which the same may be charged, he shall approve such
demand and either draw his warrant on the City Treasurer therefor
or. where such procedure is authorized by the City Council,
Prepare a check or other negotiable instrument drawn on a City
depository to be approved and signed by the City Treasurer and
countersigned by the Mayor, payable out of the proper fund or
account. Otherwise he shall reject it. Objections of the
Director of Finance may be overruled by the City Council and the
warrant or negotiable instrument ordered drawn. The Director of
Finance shall transmit such demand, with his approval or rejection
thereof endorsed thereon, and warrant or neqotiable instrument, if
any, to the City Manager. If a demand is one for an item included
within an approved budget appropriation, it shall require the
approval of the City Manager before payment; otherwise it shall
require the approval of the City Council, following the adoption
by it of any amendment to the budget authorizing such payment.
Any person dissatisfied with the refusal of the City Manager to
approve any demand, in whole or in part. may present the same to
the City Council within the time required by law which, after
examining into the matter, shall approve or reject the demand in
whole or in part.
4559V ATTACHMENT NO. 4
Page 3 of 3
Section 511. ADOPTION OF ORDINANCES
AND RESOLUTIONS.
'With the sole exception of emergency ordinances
which take effect upon adoption, referred to in this Article, no
ordinance shall be adopted by the City Council on the day of its
introduction, nor within five days thereafter nor at any time
other than at a regular or adjourned regular meeting. At the time
of its introduction an ordinance shall become a part of the
proceedings of such meeting in the custody or the City Clerk. At
the time of adoption of an ordinance or resolution it shall be
read in full, unless
C~M~fl~/~Z~g~Kf the City Council has adopted a motion at
such meetin~ waivin~ the readin~ in full of all ordinances or
resolutions adopted at such meeting, or the readin~ in full of the
specific ordinance or resolution is waived by a motion duly
adopted by the City Council, except that emergency ordinances
shall be read in full. In the event that any ordinance is altered
after its introduction, the same shall not be finally adopted
except at a regular or adjourned regular meeting held not less
than five days after the date upon which such ordinance was so
altered. The correction of typographical or clerical errors shall
not constitute the making of an alteration within the meaning of
the foregoing sentence. ·
No order for the payment of money shall be
adopted or made at any other than a regular or adjourned regular
meeting.
Unless a higher vote is required by other
provisions of this Charter, the affirmative votes of at least
three members of the City Council shall be required for the
enactment of any o~dinance or resolution, or for the making or
approving of any order for the payment of'money. All ordinances
and resolutions shall be signed by the Mayor and attested by the
City Clerk.
Any ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation
of the public'peace, health .or safety, and containing a statement
of the reasons for its urgency, may be introduced and adopted at
one and the same meeting if passed by at least four affirmative
votes.
ATTACHMENT NO. 5
1024V
Section 1401. RESOLUTION OF INTENTION.
NOTICE AND PUBLIC HEAEING.
Before granting any franchise, the City Council
shall pass a resolution declaring its intention to grant the same,
stating the name of the proposed grantee. the character of the
franchise and the terms and conditions upon which it is proposed
to be granted, Such resolution shall fix and set forth the day,
hour and place when and where any persons having any interest
therein or any objection to the granting thereof may appear before
the City Council and be heard thereon. It shall direct the City
Clerk to publish said resolution at least once, within fifteen
days of the passage thereof, in the official newspaper. The time
fixed for such hearing shall not be less than twenty nor more than
sixty days after the passage of said resolution.
At the time set for the hearing the City
Council shall proceed to hear and pass upon all protests and its
decision thereon shall be final and conclusive. Thereafter it may
by ordinance grant the franchise either on the terms and
conditions specified' in the resolution of intention to grant the
same or on such other or different terms and conditions as are set
forth in the ordinance Granting the franchise as adopted by the
City Council, subject to the right of referendum of the people, or
it may deny the same.
ATTACHMENT NO. 6
4567V
Section 1221. UTILITY RATES. utility bills and the costs of such discount and
The City Council shall establish other programs may be paid from utility
rates, rules and regulations for the water and revenues.
electrical utilities. The rates shall be ~
upon e0st of £erviee and s~hall ba sufficient with
respect to each utility to pay:
(s) For operations and mainten-
ance of the system.
(b) For payment of principal
and interest on debt,
(c) For creation and mainten-
ance of financial reserves adequate to assure
debt service on bonds outstanding.
(d) For capital construction of
new facilities and improvement of existing
facilities, or maintenance of a reserve fund for
that purpose.
(e) For payments to the general
fund of the City (exclusive of those amounts
paid pursuant to subsection (a) of this Section
1221)ran the first, snsond and third each fiscal
years following thn 4~doption of thic Suction
1221 as followt:
Fir:t
An amount equal to, or Inzs than eight percent
(8~) of the gross ravenna earned by the Utility
during the previous fisaul year.
:-' ~ Secnnd Year
'. An amount equal to, or less than six percent
(6~6) of the gross rnvanue earned by thn Utility
.... auriag the previous fiscal year.
Third Year
Rush Sueseeding Year
A-~, in an amount equal to, or less than, four
percent (4%) of the gross revenue earned by
the Utili.~y utility during the previous fiscal
year.
Rates shall be reviewed by the City Council
periodically to insure that financial goals are
being accomplished.
Rates shall be uniform for all
consumers within the same class and shall be
based on the cost of service revenue requirement
for the class; but different rate schedules may
be applied to different classes of consumers.
Notwithstanding the foregoing, "lifeline' rathe
~.~.bn e~tublishnd, which in the judgmnnt of
~.n City eoannil will provide the minimum
quantatlas of water and electricity nandad to
maintain an acceptable standard of living, at
rates not nessssarily bused on east of ~nrvies.
(Amended Novembnr 2, 1976, filedbySe~retnry
~f $tat~ l;)neember 27, 197{;.) the City Council
may establish, and revise from time to time,
ratepayer discount and other programs to assist
residential customers in the payment of their
ATTACHMENT NO. 7
SEC'rION 1210. REVENUE BONDS. anticipation noto~ and revenue b ndo
O ~
outctanding in accordance with their terms at
Bonds which are payable only any one time ~hall not excoed $92 million.
out of such revenues as may be spoeilied in Such rov~nuo bond anticipation noto~ may bc
such bonds may be issued when the City ~old, ioouod and scoured in such a manner
Council by ordinance shall have established a and subject to such terme and conditions as
procedure for the issuance of such bonds. the City Council may precor~o by ordinance;
~ Such bends, payable only out of revenues, provided that such revenue bond anticipation
shall not constitute an indebtedness or notoo shall not conctitute an indebtednote; or
· general obligation of the City. No such bonds general obligation of the City of Anaheim and
payable out of revenues shall be issued arc not to be ~ceured by the taxing power of
without the assent of a majority of the voters ~
voting upon the proposition for issuing the
same at an election at which such proposition Notwithstanding the foregoing,
shall have been duly submitted to the the City may sell and issue at any time and
qualified electors of the City. As used in this from time to time, without the assent of the
Section 1210, the term 'bonds~ shall mean voters,
bonds, notes and other evidences of (a) revenue bonds (inc!_,:d(ng renewal or
indebtedness. refunding revenue bonds) payable out of
revenues of the CiXy~ water utility,
It shall be competent for the (b) revenue bond anticipation notes
~ City to make contracts and covenants for the (includingrenewalrevenuebondanticipation
benefit of the holders of any such bonds notes) payable out of (i) revenues of the
payable only from revenues and which shall Cityg water utility or (ii) the proceeds of
not constitute a general obligation of the City revenue bondspayable out of revenues of the
for the establishment of a f'.:'n~ er funds, for City~ water utility or (ill) both,
the maintaining of adequate rates or charges, (c) revenue bonds (inc!t_,dlng renewal or
for restrictions upon further indebtedness refunding revenue bonds) payable out of
payable out of the same funds or revenues, revenues of the City~ electric utility, and
for restrictions upon transfer out of such (d) revenue bond anticOxttion notes
funds, and other appropriate covenants. (includingrenewalrevenuebondanticipation
Money placed in any such ~ fund for the notes) payable out of (i) revenues of the
.payment of principal and/or interest on any Cityg electric utility or (ii) the proceeds of
tssu~ of such bends or to assure the revenue bonds payable out of revenues of the
application thereof to a specific purpose shall Chy~ electric utility or (iii) bott~
not be expended for any other purpose Such revenue bonds and revenue bond
whatever except for the purpose for which antica~tion notes tnay be sola; issued and
n~, such vv_._ fund was established and shall be secured in such manner and subject to such
deemed segregated from all other funds of terms and conditions as the City Council shall
the City and reserved exclusively for the prest~e by ordinance; provided that such
purpose for which such ~:~ fund was revenue bonds and revenue bond anticipation
establizhed until the purpose of its notes (A ) shall not constitute an indebtedness or
establishment shall have been fully general obh~ation of the City of Anaheim, and
accomplished. (B) shall not be secured by the taxing power of
said City.
Notwithc~anding the foregoing,
~.-City may nell and i~uc at any time and It shall be a precondition to the
from time to time revenue bond anticipation issuance of any revenue bonds without the
noteo (including renewal revenue bond assent of the voters pursuant m the immediately
n~ anticipation not~c) in anticipation of the preceding paragraph of this Section 1210 that
rty~onuc bonds authorized by th~ voters on the City Council shall have adopted a resolution
_~ bane 2, 1981; provided that the aggregate of intention with respect thereto and such
principal amount of such revenue bond resolution shall have become effectiv~ Each
-1-
ATTACttHENT NO. 8
Page 1 of 5
such resolution of intention shall set forth the accordance with their terme at any one tlmc
formal designation, the source or sources of shall not axecod the principal amount of such
/xoment, the max/mum pr/nc/po/amount and water revenue ben& authorized by the veterr..
the m~,~.,rgtm true interest cost of the particular Such revenue bond anticipation notes may be
revenue bonds intended to be issuea~ and shall ~old, it~ued and ooourod in ouch manner and
state that the re~olution of intention is subjectto subject to such t~rms and conditions as the
referendum in accordance with this paragrapl~ City Council may proscribe by ordinance;
The City Council shall direct the City Clerk to provided that ouch revenue bond anticipation
publBh any such resolution of intention at least notes ohnll not constitute an ind~btednoc~ or
once, within fifteen days of the passage thereof, general obligation of the City of Anaheim and
in the official newspaper. At any time within are not to bc scoured by the taxing power of
thirty days after such publication a referendary ,~ t~:,.
petition signed by not le~ than ten percent of
the voters of the City according to the County Notwithstandingthe foregoing,
Clerk~ last official report of registration to the the City may also sell and issue at any time
Secretary of State demanding the submission of and from time to time revenue anticipation
such resolution of intention to a vote of the notes (including renewal revenue anticipation
qualified electors of the City for their assent, notes) in anticipation of the receipt of
may be filed with the City Clerk. If such a revenues of the City's water and electric
referendary petition shall be filed with the City utilities; provided that the aggregate principal
C/erk w/thin such th/rty day perio~ the amount of such revenue anticipation notes
resolution of intention shallnot become effective outstanding in accordance with their terms at
unless and until the same shall have been any one time shall not exceed, for each of
assented to by the voters. If no such referendary such utilities, an amount equal to 25% of the
peation shall be filed with the City Clerk within gross revenue earned by the respective utility
such thh~ day perioa; the resolution of intention during the immediately preceding fiscal year
shall become effective upon the expiration of as set forth in the audited financial
such thirty day period Except as provided in statements of such utility for such year. Such
this paragraph, all other provisions of this revenue anticipation notes may be sold,
Charter relating to referer~rl:~rn shall apply to issued, and secured in such manner and
any referendum hereunder, as if the resohaion subject to such terms and conditions as the
of intention constituted an ordinance. City Council may prescribe by ordinance;
provided that such revenue anticipation notes
Notwithctandingthoforegoing, shall not constitute an indebtedness or
the City may al~ ~ll and i~cue at any time general obligation of the City of Anaheim and
and from time to time revenue bond are not to be secured by the taxing power of
anticipation noto~ (including renewal revenue said City. (Amended June 2, 1981, filed in
bond anticipation notoc) in anticipation of any office of Secretary of State, July 20, 1981:
electrio or water revenue bonds tharntofore or amended November 2, 1982, filed in office of
hereafter authoriz~ by the voters; pro,~ided Secretary of State, January 18, 1983.)
that (1) the aggregate principaI amount of
such electtin revenue bond antidpation not~ SECTION 1210.1 F_J.~CTRICAND WATER
and the oleotrio revenue bonds in anticipation REFUNDINGREVENUE
of which such cleotrio revanuo bond BONDS.
anticipation riotoe wore iooued oumtanding in Electric and water refunding
~ocordanoo with th~h- t~rmc at any one tim~ revenue bonds may be issued to purchase,
,~hall not exceed the principal amount of ouch redeem or retire any bonds heretofore or
olo~tric revenue bond~ authoris~t by the hereafter issued pursuant to Section 1210 or
votere and (il) the aggregate principal amount this Section 1210.1, whenever the City Council
of ouch water revenue bond antloipatinn notes determines that (1) costs of the City will be
and the water ro,?anuo bonds in anticipation reduced by the refunding of any bonds, or (2)
of which such water revenue bond issuance of the refunding bonds will otherwise
anticipation norco were Bsuod outstanding in be financially advantageous to the City.
-2-
ATTACHMENT NO. 8
Page 2 of 5
If as a result of the issuing of contained in subparagraph (a) of this Section
refunding bonds pursuant to this Section 1210.2:
1210.1, the water or electric utility of the City
shaft, in any Fiscal Year, resliTe a reduction An allowance for earnings
in principal and interest on debt issued to arising from any increase in the charges made
finance such utility when the principal and for service from the Electric Enterprise which
interest paid on the refunding bonds in such has become effective prior to the issuance of
Fiscal Year is compared to the principal and such Electric Revenue Bonds but which,
interest that would have been payable on the during all or any part of said last two
refunded bonds in such Fiscal Year, the City completed Fiscal Years, was not in effect, in
Council shall, not later than the last day of an amount equal to 95% of the amount by
the next succeeding Fiscal Year, adjust rates which the Gross Revenues should have been
of such utility, if necessary, to reflect fully increased if such increase in charges had been
such reduction in principal and interest in effect during the whole of said last two
payments as a reduction in costs of service of completed Fiscal Years, as shown by the
such utility. certificate or opinion of an independent
All provisions of Section 1210 certified accountant or firm of certified public
are applicable to refunding bonds, except that accountants employed by the City.
notwithstanding Section 1210 no additional
election shall be required to authorize their (c) For purposes of this
issuance. (Amended June 2, 1981, filed in Section 1210~2, Net Revenues of the Electric
office of Secretary of State, July 20, 1981.) Enterprise shall include all investment income
on all accounts established in the Electric
SEc,TION 1210.2 LIMITATION ON Revenue Fund and on all other funds
ISSUANCE OF established for the benefit of the holders of
E L E C T R I C Electric Revenue Bonds.
(d) As used in this Section
(a) The City shall not issue 1210.2, the following terms shall have the
Electric Revenue Bonds unless, on the date of following meanings:
issuance thereof; the Net Revenues of the
Electric Enterprise, calculated on sound 'Annual Debt Service~ as
accounting principles, as shown by the books computed from time to time with respect to
of the City for each of the last two completed any Fiscal Year means the amount of
Fiscal Years prior to the adoption of the principal (including required payments into
resolution approving the sale of such Electric any sinking account established for the
Revenue Bonds as shown by an audit Electric Revenue Bonds)and interest which
certificate or opinion of an independent will b~ome due and payable or will accrue in
certified public accountant or firm of certified such Fiscal Year on outstanding Electric
public accountants employed by the City, plus, Revenue Bonds.
at the option of the City, the allowance for
earnings hereinafter set forth in subparagraph ~Electric Enterprise* means
(b) of this Section 1210.2, shall have the entire electric system of the City,
amounted to at least 1.10 times the Annual including all improvements and extensions
Debt Service in the Fiscal Year next later constructed or acquired.
succeeding the Fiscal Year in which such
Electric Revenue Bonds are issued on all ~Electric Revenue BondsH
outstanding Electric Revenue Bonds. means electric revenue bonds payable from
the revenues of the Electric Enterprise,
(b) For the purposes of this ranking prior to or on a parity with the
Section 1210.2, the following may be added to Electric Revenue Bonds, Second Issue of
the Gross Revenues of the Electric Enterprise 1986, or, if the Electric Revenues Bonds,
for the purpose of applying the restrictions Second Issue of 1986, are no longer
-3-
ATTACt{MENT NO. 8
Page 3 of 5
outstanding, electric revenue bonds which Fiscal Years prior to the adoption of the
.., would have ranked prior to or on a parity resolution approving the sale of such Water
with the Electric Revenue Bonds, Second Revenue Bonds as shown by an audit
Issue of 1986, if such Bonds were still certificate or opinion of an independent
outstanding. certified public accountant or firm of certified
public accountants employed by the City, plus,
'Fiscal Yea~ means the year at the option of the City, the allowance for
~ period beginning on July 1 and ending on the earnings hereinafter set forth in subparagraph
? next following June 30. (b) of ~ Section 1210.3, shall have
amounted to at least 1.10 times the Maximum
'Gross Revenues~ means all Annual Debt Service in any Fiscal Year
rates, fees and charges for providing electric thereafter on all Water Revenue Bonds to be
service to persons and real property and all outstanding immediately subsequent to the
other fees, rents and charges and other issuance of such Water Revenue Bonds.
income derived by the City, from the
ownership, operation, use or services of the (b) For the purposes of this
Electric Enterprise. Section 1210.3, the following may be added to
the Net Revenues of the Water Enterprise for
*Maintenance and Operation the purpose of applying the restrictions
Expenses' means the reasonable and contained in subparagraph (a) of this Section
necessary current expenses of maintaining, 1210.3:
· ~ repairing and operating the Electric
Enterprise~ including City administrative An allowance for earnings
expenses directly attributable to electric arising from any increase in the charges made
system functions, but excluding deprecation, for service from the Water Enterprise which
interest and amortization, all computed in has become effective prior to the issuance of
accordance with sound accounting principles such Water Revenue Bonds but which, during
'i and consistent with existing accounting all or any part of said last two completed
practices Of the City. Fiscal Years, was not in effect, in an amount
........ equal to 75% of the amount by which the Net
'Net Revenues of the Electric Revenues of the Water Enterprise should
Enterprise' means the amount of the Gross have been increased ff such increase in
Revenues less the Maintenance and charges had been in effect during the whole
Operation Expenses. of said last two completed Fiscal Years, as
shown by the certificate or opinion of an
(e) The provisions of this independent certified accountant or firm of
Section 1210.2 shall not apply to Electric certified public accountants employed by the
~ Revenue Bonds issued to purchase, redeem or City.
retire any bends heretofore or hereafter
issued pursuant to Section 1210 or Section (c) For purposes of this
1210.1. Section 1210.3, Net Revenues of the Water
Enterprise shall'include all investment income
SEC'IION 1210.3 LIMITATION ON on all accounts established in the Water
ISSUANCE OF Enterprise Fund and on all other funds
WATER REVENUE established for the benefit of the holders of
BONIX;. the Water Revenue Bonds.
(a) The City shall not issue (d) As used in this Section
Water Revenue Bonds unless, on the date of 1210.3, the following terms shall have the
~,,' issuance thereot~ the Net Revenues of the following meanings:
Water Enterprise, calculated on sound
accounting principles, as shown by the books
of the City for each of the last two completed
ATTACHMENT NO. 8
Page 4 of 5
"Fiscal Year" means the year "Water Enterprise" roearis the
period beginning on July 1 and ending on the entire waterworks system of the City,
next following June 30. including all additions to, and improvements
and extensions of, said system later
*Maximum Annual Debt constructed or acquired.
Service" as computed from time to time
means the largest of the sums obtained for "Water RevenueBonds~means
the Fiscal Year of computation or any Fiscal water revenue bonds payable from the
Year thereafter by totaling the following for revenues of the~ Water Enterprise, ranking
each such Fiscal Year: prior to or on a parity with the Water
Revenue Bonds, 1988 Series, or, if the Water
(1)Theprincipal amount of all Revenue Bonds, 1988 Series are no longer
serial Water Revenue Bonds payable in such outstanding water revenue bonds which
Fiscal Year and outstanding at the date of would have ranked prior to or on a parity
such computation; with the Water Revenue Bonds, 1988 Series,
if such Bonds were still outstanding.
(2) The minimum sinking
account payments, if any, payable in such (e) The provisions of this
Fiscal Year with respect to the term Water Section 12103 shall not apply to Water
Revenue Bonds outstanding at the date of Revenue Bonds issued to purchase, redeem or
such computation; and retire any bonds heretofore or hereafter
issued pursuant to Section 1210 or Section
(3) The interest which would 1210.1.
be due during such Fiscal Year on the
aggregate principal amount of the Water
Revenue Bonds which would be outstanding
in such Fiscal Year if the serial Water
Revenue Bonds outstanding on the date of
such computation are retired as they mature
and if the term Water Revenue Bonds
outstanding on the date of such computation,
if any, are retired as scheduled in the
resolution providing for the issuance of such
term Water Revenue Bonds.
"Net Revenues of the Water
Enterprise" means the amount of the
Revenues less the Operating Expenses.
'Operating Expenses" of the
Water Enterprise means the reasonable and
necossary current expenses of maintaining,
repairing and operating the Water Enterprise,
including City administrative expenses directly
attributable to water system functions, but
~?xeinding depreciation and amortization, and
debt service requirements of the City's
.general obligation water bonds, all computed
m accordance with sound accounting
principles and consistent with existing
accounting practices of the City.
ATTACHMENT NO. 8
Page 5 of 5