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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. -1- 0 CJ (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. -2- 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 -3 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 -4- d approvgd by • 0 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 ,