78-007,. i
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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:
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(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.
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(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?
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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
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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.
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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
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CITY CLERK