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RES-2010-063RESOLUTION NO. 2010- 063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING THE SUBMISSION OF A PROPOSED AMENDMENT TO THE CITY CHARTER TO THE ELECTORS OF SAID CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 2010. (MEASURE NO. 2 — DESIGN -BUILD PUBLIC WORKS CONTRACTS) WHEREAS, pursuant to Section 1302 of the City Charter, the City Council of the City of Anaheim heretofore adopted its Resolution No. 2010- 059 calling and giving notice of the holding of a general municipal election in the City of Anaheim to be held on Tuesday, November 2, 2010; and WHEREAS, pursuant to authority provided by Section 3 of Article XI of the Constitution of the State of California, Section 1303 of the Anaheim City Charter, and Section 9255(a)(2) 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 certain proposed amendments to the Charter of the City of Anaheim; and WHEREAS, the City Council of the City of Anaheim is authorized by the California Constitution, the Anaheim City Charter, and by state statute to submit said proposed amendments to the Anaheim City Charter to the qualified electors of said City at said general municipal election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 That, pursuant to Section 3 of Article XI of the California Constitution, Section 1303 of the Anaheim City Charter and Section 9255(a)(2) of the Elections Code of the State of California, it is hereby ordered that the following ballot measure proposing an amendment to the Charter of the City of Anaheim be submitted to the qualified electors of said City at the general municipal election to be held in said City on November 2, 2010: Measure No. 2 The full text of Measure No. 2 is set forth on Attachment No. 1 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: AUTHORIZATION OF DESIGN -BUILD Yes PROCUREMENT FOR PUBLIC WORKS PROJECTS). Shall Section 1212 be added to the No City Charter to authorize the use of design -build procurement for public works projects in the City of Anaheim? SECTION 2 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 3 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 14301 of the Elections Code of the State of California. SECTION 4 That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding general municipal elections. SECTION 5 That the notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give further or additional notice of the election, in such time, form and manner as required by law. SECTION 6 That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8t1day of ,7ixie, 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Kring NOES: NONE ABSENT: Council Member Galloway ABSTAIN: NONE CITY AHEIM By MAYOR OF THE C Y OF ANAHEIM ATTEST: CITY CLERK OF THE CITY F ANAHEIM Doc. No. 77337.1 ATTACHMENT NO. 1 That new Section 1212 be, and the same is hereby, added to the Charter of the City of Anaheim, to read as follows: Section 1212. USE OF DESIGN -BUILD PROCUREMENT FOR PUBLIC WORKS PROJECTS. Notwithstanding any provision to the contrary in the California Public Contracts Code, in Section 1211 of the Anaheim City Charter, or any other law or regulation of the State of California or the City of Anaheim, the use of design -build procurement by competitive negotiation is authorized. The City Council shall, by ordinance, establish regulations for the award, use and evaluation of such design -build contracts, in which the design and construction of public works projects are procured from a single entity. 4