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1982-605 RESOLUTION NO. 82R-6QS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING A DELAY BY THE UNITED STATES CONGRESS IN THE IMPLEMENTATION OF THE TAX EOUITY AND FISCAL RESPONSIBILITY ACT OF 1982 AS IT PERTAINS TO THE REQUIREMENT THAT AS OF JANUARY 1, 1983 ALL NEW MUNICIPAL BONDS MUST BE ISSUED IN REGISTERED FORM TO PRESERVE THEIR TAX-EXEMPT STATUS WHEREAS, the United States Congress recently passed the Tax Equity and Fiscal Responsibility Act which provides that most municipal securities issued after December 31, 1982 must be issued solely in registered form to preserve their tax-exempt statusj and WHEREAS, these prov1s1ons will necessitate signifi- cant changes in the practices of all participants in the municipal securities market to include the municipal securities industry, the issuer community and investors in municipal securities; and WHEREAS, if these provisions are implemented on January 1, 1983, due to time constraints, the ability of municipalities to borrow much needed moneys by the issuance of municipal bonds will be greatly reduced or possibly completely halted sincej 1. numerous state law requirements must be changed to permit the issuance of registered bonds, to permit the use of a local official as a transfer agent, to permit the maintenance of an instate registry, to permit a confidential bondholders list, to permit a book entry accounting system, to permit contractura1 arrangements with registered transfer agents and any other necessary changes to comply with the new federal law, 26 Necessary time-consuming changes to bond issuance procedures will have to be developed by municipali- ties many of which will greatly increase their costs, 3_ municipal market participants have expressed the view that the generalized adoption of book-entry or im- mobilized delivery systems would help solve the problems of clearing registered municipal securitles and it would be virtually impossible to establish such a system by January 1, 1983, 4~ the Secretary of the Treasury has not yet adopted rules and regulations to implement the registration provisions and many questions remain unanswered; and WHEREAS, due to numerous reasons many municipalities are already having fiscal problems and the implementation of these provisions will adversely affect th.ese fiscal problems; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Anaheim, that the City of Anah.eim requests that the United States Congress delay for a period of two years the implementation of the Tax Equity and Fiscal Responsibility Act of 1982 as it pertains to the requirement that as of January l, 1983, all new municipal bonds must be issued in registered form to preserve their tax-exempt status; and BE IT FURTHER RESOLVED, that a suitable copy of this resolution be transmitted to the United States Department of the Treasury and to both legislative bodies of the United States Congress; and BE IT FURTHER RESOLVED, that the City Clerk of the City of Anaheim forward copies of this resolution to the City of Anaheim Congressmen and Senators with a personal request to respond to this significant problem. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of December, 1982. MAYO~~~IM ATTEST: r-xh :J~ j ~~ -~ cfTYTCLERK ~y OF ANAHEIM FAL/vh -2- 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. 82R-605 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of December, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 82R-605 on the 14th day of December, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of December, 1982. ~ 14~du C Y C~RK OF THE CITY 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. 82R-605 duly passed and adopted by the Anaheim City Council on December 14, 1982. ~ J~ -,~~Zz; CITY CLE