1976-5140 •
RESOLUTION NO 76R-514
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEI14 CALLING AND SETTING A SPECIAL
ELECIIOT,T IN THE CITY OF ANAHEIM ON NOVEMBER 2,
1976, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORS OF THE CITY OF A14AHEIM VARIOUS
REVISIONS TO THE CHARTER OF THE CITY OF ANAHEIM.
WHEREAS, Article 11, Section 3, of the Constitution
of the State of California and Section 34450 et seq., of the
Government Code of the State of California provide that the
governing body of a city may propose amendments to the charter
of a city; and
WHEREAS, the City Council of the City of Anaheim
desires to submit to the electors of the City of Anaheim
amendments to the Charter of the City of Anaheim at an
election to be held on November 2, 1976; and
WHEREAS, pursuant to the authority contained in
Section 23302 of the Elections Code of the State of California,
the City Council of the City of Anaheim has heretofore adopted
its Resolution Nio. 76R-506 requesting consolidation of
the Special Election called pursuant to this resolution with
the General Election of November 2, 1976.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that it does hereby call and set a
Special Election of the City of Anaheim on November 2, 1976"
for the purpose of submitting the following amendments and
revisions to the Charter of the City of Anaheim to the electors
of the City of Anaheim:
1. Section 501. ELIGIBILITY.
No person shall be eligible to hold
office as a member of the City Council unless he
is and shall have been a resident and qualified
elector of the City for at least -thi2ee -yeava
one (1) year next preceding the date of his
election or appointment.
2. Section 703. CITY ATTORNEY. POWERS AND DUTIES.
To become and remain eligible for City
Attorney the person appointed shall be an attorney
at law duly licensed as such under the laws of the
State of California, and shall have been engaged in
the practice of lair for at least three years prior
to his appointment. The City Attorney shall have
the power and may be required to:
(a) Represent and advise the City
Council and all City officers in all matters of law
pertaining; to their offices.
(b) Prosecute on behalf of the people
any or all criminal cases arising from violation of
the provisions of this Charter or of City ordinances
and such state misdemeanors as the City has the power
to prosecute, unless otherwise provided by the City
Council.
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(c) Represent and appear for the City
in any or all actions or proceedings in which the
City is concerned or is a party, and represent and
appear for any City officer or employee, or former
City officer or employee, in any or all civil actions
or proceedings in which such officer or employee is
concerned or is a party for any act arising out of
his employment or by reason of his official capacity.
(d) Attend all regular meetings of the
City Council, unless excused, and give his advice or
opinion orally or in writing whenever requested to do
so by the City Council or by any of the boards or
officers of the City.
(e) Approve the form of all contracts
made by and all bonds given to the City, endorsing
his approval thereon in writing.
(f) Prepare any and all proposed
ordinances and City Council resolutions and amendments
thereto.
(g) Devote eaelq entire time to the
duties of e the office. ae iay be epees -f -!e4 by t1.e
54!;6y Geaae44:
3. Section 1221. UTILI^lY RATES.
The City Council shall establish
rates, rules and regulations for the water and
electrical utilities. The rates shall be based
upon cost of service and shall e su icien o
pay:
(a) For operation and maintenance of the system
(b) For payment of principal and interest on debt.
(c) For creation and maintenance of financial
reserves adequate o assure debt service on
bonds outstanding.
(d) For capital construction of new facilities and
improvement 01' existing facilities, or
maintenance o a reserve fund for MaT purpose.
(e) For payments to the general fund of the City
exclusive of those amounts pard pursuant to
subsection a of this Section 1221), in the
first, second and third fiscalyears foT73wing
77e—adoption o is Section 1221 as o ows:
first year -- an amount equal to, or less
than eight percent d637—the
gross revenue earned by the
Utility during the previous
l'iscal year.
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second year -- an amount equal to or less
than six percent 60of th
gross revenue earned by the
Utility during the previous
fiscal year.
third year
and each
succeedsn_g year -- an amount e ual to or less
than four percent (41%) of the
gross revenue earned by the
Utility during the previous
fiscal year.
Rates shall be reviewed by the City Council periodi-
cally to insure that financial goals are being accomplished.
Rates shall be uniform for all consumers within the
same class and shall be based on cost of service for the class;
but different rate schedules riay be applied to different
classes of consumers. Notwithstanding the foregoing, 'lifeline"
rates may be established, which in the judgment of the City
Council will provide the minimum quantities of water and
electricity needed to maintain an acceptable standard of living,
at rates not necessarily based on cost of service.
It. Section 1211. CONTRACTS ON PUBLIC WORKS.
Except as hereinafter expressly
provided, every contract involving an expenditure
in excess of an amount as specified in Title 4
Division 3. Chapter6 of the Government Code of
uailrornia as amenciea rrom time to time e* iRepe
45hae -"we Tiaee.eaR4 Y-Ive Rtindped
for the construction_ or improvement (excluding
maintenance and repair) of public buildings, works,
streets, drains, sewers, utilities, parks and
playgrounds, and each separate purchase of
materials or supplies for the same, where the
expenditure reauired for such purchase shall exceed
the sum as specified in Title 4, Division 3,
Chapter 7 of -the Government Code of California,
as amended from time to time, -'eve
Ridn ve4 8e-I-Iape shall be let to the
lowest and best responsible bidder after notice
by publication in the official newspaper by two or
more insertions, the first of which shall be at
least, ten days before the time for opening bids.
The City Council may reject any and
all bids presented and may readvertise in its
discretion. After rejecting bids, or if no bids
are received, or without advertising for bids if
the total amount of the contract or project is
less than Ten Thousand Dollars ($10,000.00),
+�:�-ve 8e-llape 447888=88 the City Council
may declare and determine that in its opinion, the
work in question may be performed better or more
economically by the City with its own employees,
or that the materials or supplies may be purchased
at a lower price in the open market, and after the
adoption of a resolution to this effect by the
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affirmative votes of a majority of the total members
of the City Council, it may proceed to have said
work done or such materials or supplies purchased
in the manner stated without further observance of
the provisions of this Section. Such contracts may
be let and such purchases made without advertising
for bids if such work or the purchase of such
materials or supplies shall be deemed by the City
Council to be of urgent necessity for the
preservation of life, health or property, and shall
be authorized by the affirmative votes of at least
two-thirds of the total members of the City Council.
"Projects for the extension, replace-
ment or expansion of the transmission or distribu-
tion system of any existing public utility operated
by the City or for the purchase of supplies or
equipment for any such project or any such utility
may be excepted from the requirements of this
Section by the affirmative vote of a majority of
the total members of the City Council.
BE IT FURTHER RESOLVED that the following proposition
is to be submitted to the electors of the City of Anaheim:
Shall the City Council formulate and propose for
adoption a Mayor -- Council form of government
instead of its current Council -- Manager form of
government?
BE IT FURTHER RESOLVED that the City Clerk is
hereby directed and authorized, pursuant to Section 34455
of the Government Code of the State of California to cause
these Charter Amendments to be published once in the
Anaheim Bulletin and in each addition thereof, on
September 16, 1976.
BE IT FURTHER RESOLVED that the City Clerk :,s
directed and authorized, pursuant to the authority contained
in Section 34456 of the Government Code of the State of
California to cause copies of said Charter Amendments to be
mailed to each of the qualified electors of the City of
Anaheim, and commencing on September 16, 1976, until
November 2, 1976, advertise in the Anaheim Bulletin that
copies.of said Charter Amendments may be had on application
therefore at the Office of the City Clerk.
THE FOREGOING RESOLUTION isE�`
gne
me this 24th day of August, 1976. , ,
iYix x v n
_.ATTEST:
CITY CLERK OF THE C1TY OF ANAHEIM
ARW : j h
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d approvgd by
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 76R-514 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim held on the 24th day of August, 1976,
by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Seymour, Kott and Thom
NOES: COUNCIL MEMBERS: Kaywood and Roth
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 76R-514 on the 24th day of
August, 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 24th day of August, 1976.
CITY CLERK OF THE CITY 0V ANAHEIM
(SEAL)
L, ALONA M, HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
76R-514 duly passed and adopted by the Anaheim City Council on
August 24, 1976.
City Clerk ,