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1981-138RESOLUTION NO. 81F.- 138 A RESOLUTICara CF THE CITY COUNCIL OF THE CIi'Y OF FNAHEIP2, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON JUPdE 2, 1981, FOR THE Pt?RPOSE OF SUBMITTII~C:= TO THE QUALIFIED VOTERS OF SAID CITY: A PROPOSITION FOR THE ISSUANCE OF ELECTRIC REVENUE BOIaDS AND REVENUE BOND r.NTICIPATION NOTES BY SAID CITY AND AMENDING THE CHARTER GF THE CITY OF ANAHEIM IP7 C0:3I'dECTION THEREWITH; AND A PROPOSITION AMENDING THE CHARTER OF THE CITY OF ANAHEIM TO PROVIDE FOR THE ISSUANCE OF REFUNDING F.EVENUE BONDS WHEREAS, the City Council of the City of Anaheim is authorized pursuant to Section 1210 of the Charter of said City and the Revenue Bond Law of 1941 (Chapter 6, Part 1, Division 2, Title 5 of the Governr~e,?~~ Code of the State of California) to suhani.t ~_o the qualified voters of said City a proposition for the issuance of electric revenue bonds in the amount and for tl~e purpose hereinaf ter set forth; and WHEREAS, the City Council of the City of Anaheim pursuant to Article XI of the Constitution an<i Chapter 2, Division 2, Title 4 of the Governralen-_ Code of the State of California, desires to and is authorized to submit to the qualified voters of said City propositions to amend the Charter of- said City. NOW, THEREFORE, the City Council of the City of Anaheim, California does hereby resolve, declare, determine and order as follows: SECTION 1. That it is hereby ordered that at a special municipal election to be held in the City of Anaheim on June 2, 1981, there be submitted to the qualifies' ~~cters of said City a proposition for the issuance of electric revenue bonds and revenue bond anticipation notes pursuant to Section 1210 of the Charter of the City of Anaheim and the Revenue Rond Law of 1941 (Chapter C, Part 1, Division 2, Title 5 of the Government Code of the State of California) in the amounts anc? for ~hc. purpose here- inafter set forth and amending the Charter of the City of Anaheim in connection therewith. SECTION 2. That the purpose for which the eleci~r~<_~ revenue bonds and revenue bond antici_p,ation notes are proposer': to be issued is to finance the cor_struction and acquisition of facilities, property and rights related to the San Onofre Nuclear Generating Station and the genera.ti:on and transmission, of electric energy. SECTION 3. That the estimated cost of the acquisition, construction and financing described in Section 2 hereof is $92 million and the principal amount of revenue bonds and bond ~^ anticipation notes proposed to be issued and outstanding in accordance with their terms at any one time is $92 million. In determining the amount of revenue bonds and revenue bond anticipation notes to be issued and outstanding in accordancF= with their terms at any one time, this City Council has incl~~ded all costs and expenses authorized by Section 54410 of the Government Code. SECTION 4. That the City Council shall, at or prior to the time of sale of any of such revenue bonds or revenue bond anticipation notes establish a maximum rate of interest which may be paid on the revenue bonds or revenue bond antici- pation notes then being sold. SECTION 5. That if the proposition submitted to the voters pursuant to Section 1 hereof receives the assent of a majority of the voters voting on the proposition, electric revenue bonds and revenue bond anticipation notes, and any combination thereof, as provided herein (in principal arnoux~ outstanding in accordance with their terms at any one time not to exceed $92 million) shall be issued and sold for the purpose set forth herein. The revenue bonds are to be payable exclusively from the revenues of the enterprise. The revenue bonds and revFr.~:.e k-,cnd anticipation notes shall not constitute an indebtedness or general obligation of the City of Anaheim, and are not to be secured by the taxing power of the City. SECTIOiv 6. That if the proposition submitted to the voters pursuant to Section 1 hereof receives the assF~nt of a majority of the voters voting on the proposition, Section 1210 of the Charter of the City of Anaheim shall be amended as set forth below (additions are underlined) to prov3_c~~~ r_.;~rtain provisions necessary to implement the financing authority given. by such assent: Section 1210. REVENUE BONDS Bonds which are payable only out of such revenues as may be specified in such bonds may be issued when the City Council by ordinance sY:~.al1 r.~:ve es- tablished a procedure for the issuance of such bonds. Such bonds, payable only out of reven.ucs, shall not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues shall be issued without the assent of a majority of the voters voting upon the proposition for issuing the same at an election at which such propos::,t.~on shall have been duly submitted to the qualified electors of the City. -2- It shall be competent for the City to make cos~:.:~°~r~s and covenants for the benefit of the hr3lraers of any such bonds payable only from revenues and ~. which shall not constitute a general oblig~atien of the City for the establisrr<<er~ c:i' ~~ ?=und or funds, for the maintaining of ad.eq~~a :-r: rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restriction. upon transfer out of such fund., and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special fund was established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Notwithstanding the foregoing, the City may sell and issue at any time and from time to time revenue bond anticipation notes including renewal revenue bond anticipation notes) in antici ation of the revenue bonds authorized by the voters on June 2, 1981;` provided that the aggregate principal amount of such revenue bond anticipation notes and revenue bonds outstanding in accordance with their terms at an one 'time shall not exceed 92 million. Such revenue bond anticipation notes may be sold, issued and secured in such manner and subject to such terms and conditions as the City Council may prescribe y ordinance; provided that such revenue bond anticipation notes shall not constitute an inde tedness or general obligation of the City of Anaheim and are not to be secured b the of said City. SECTION 7. That the enterprise referred to in Section 5 herein is defined to be the entire electric :system of the City of Anaheim, including all improvements and extensions later constructed or acquired. SECTION 8. That the proposition to be su.~i~_itted to the voters pursuant to Section 1 therE~a~= shall be substantially as follows: -3- ELECTRIC REVENUE BOND PROPOSITION In order to ebta~_n substantial savings and provide more economical electric service, shall the City of Anaheim be authorised to finance the construction and acquisition of facilities, propert;~ and rights related to the San Onofre iJuclear Generating Station and the generation and trans- mission of electric energy by is~>uing revenue bonds and revenue bond antici- pation notes and any combination thereof, not. payable from property taxes, in an aggregate principal amount out- standing in accordance with their terms at any one tirrze not to exceed $92 million? YFS NO SECTION 9. The City Council of the City of Anaheim also desires to amend and to submit to the voters of said City a proposition to amend Section 1210 of the City Charter of the City of Anaheim to provide for greater flexibility in financinc for the public utilities of said Ci.t~r. Such amendment, set forth in Section 1210.]_ of said Charter, would provide for the sale and issuance by the City in certain circta~~.sta.nces of refunding revenue bonds. Such amendment is as follows (additions are underlined): Section 1210. REVET7UE BONDS Bonds which are payable only out of such. revenues as may be specified ir.~ such bonds may be issued when the City Council by ordinance shall have established a procedure for the issuance of Guch bonds. Such bonds, payable only out. of revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds payablF~ c.ui: of revenues shall be issued without the assent of a majority of the voters voting upon the proposition for issuing the same at an election at which sucYr proposition shall have. been duly submitted to the qualified electors of the City. It shall be competent for tt3.e City to make contracts and covenants for the benefit of the holders of any such bonds payable only from -4- revenues and which shall not constitute a general obligation of the City for the establishrcent of a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principra'. and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special fund was established and shall be deEr:yed segregatec? froi a.ll other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishzrient shall have been fully accomplished. Section 1210.1. ELECTRIC AND WATER REFUNDING REVENUE BONDS Electric and water refunding revenue bands may be issued to purchase, redeem or retire any bonds heretofore or hereafter issued pursuant to Section 1210 or this Section 1210.1, whenever the Cit Council determines that ]_) costs of the City will e reduced by the refunding of any bonds, or ssuance of the refunding bonds will otherwise financially advantaaeous to the Citv. If as a result of the issuing of refunding bonds pursuant to this Section 1210.1, the water or electric utility of the City shall, in any Fiscal Year, realize a reduction in principal and interest on debt issued to finance such utility when the principal and interest paid on the refunding bonds in such Fiscal Year is compared to the principal and interest that would have been payable on the refunded bonds in such Fiscal Year, the City Council shall, not later than the last day of the next succeeding Fiscal Year, adjust rates of such utility, if necessary, to reflect fully such reduction in principal and interest payments as a reduction in costs of service of such utility. All provisions of Section 1210 are applicable to s, except that notwithstandina Section. 1LlU no additional election shall be required to authorize their issuance. SECTION 10. That it is hereby ordered that at the special municipal election referred to in Section 1 hereof the ame.r,c,~~:ent -5- to the Charter discussed in Section 9 shall be submitted to the voters in the form of the following proposition: ShaII the Charter of the City of Anaheim be amended to permit the YES issuance by the City of electric and water refurci>~~c revenue bonds to purchase, redeem or retire electric and water revenue bonds without adc~_~f_ianal authorization by the votei:s, when the City Council determines that the issuance of such refunding bonds will reduce costs to the City or will other- wise be financially advantageous to the City, provided that any NO principal and interest savings from any such refunding in any year shall be reflected in es- tablishing utility rates? SECTIOti 11. That if the proposition submitted to the voters pursuant to Section 10 hereof r.ecci`=ec the assent of a majority of the voters voting on the proposition, Sectiorz 1210 shall be amended as discussed in Section 9 herec:^. SECTION 12. That the-- ~~ells for said election sr.Gl'_ k.E~ c:pened at seven o'clock A.M. of the day of said election and shall remain open continuously from said time until eight o'clock P.Pn. o~ the same day, when said polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 13. That the voting precincts fc~r the specicl. municipal election hereby called shall be the regular election precincts established for County elections in Orange County. The City Council shall appoint election officers and fix the compensation for such officers as provided in Section 22305 of the Elections Code. The propositions submitted by this resolution shall be designated on the hallo±-. by- a letter printed on the left margin of the square containing the description of tree measure, as provided ~.n Section 10219 of the Elections Code. The City Clerk is hereby authorized ar~d directed to procure and furnish any and all official ballots, not~~_ce:., printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfull~~ conduct said election. -6- SECTION 14. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized and directed to give such further or additional ..~.... notice of said election in time, form and manner as required by law. SECTION 15. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. SECTION 16. That this Resolution shall take effect immediately. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of March, .1981. ATTEST: -7- ''°*~, 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. 81R-138 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of March, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 81R-138 on the 24th day of March, 1981. IN WITNESS WHEREOF, I have her2unto'set my-hand and affixed the seal of the City of Anaheim this 24th day of March, 1981. CITY CLERK OF THE CITY F ANAHEIM (SEAL) I, LT.NDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R-138 duly passed and adopted by the Anaheim City Council on March 24, 1981. _.~~.~. CITY CLERK "'"'~,+D