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2933CITY OF ANAHEIM. ORDINANCE NO. 2933 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, PROVIDING FOR PROCEDURES FOR ISSUANCE OF WATER REVENUE BONDS OF SAID CITY. WHEREAS, the City of Anaheim is a City organized and existing under a Charter duly and regularly adopted pursuant to the provisions,of the Constitution of. the State of California; and WHEREAS, pursuant to Section 1210 of said Charter, the City of Anaheim acting by and through its City Council, is authorized to issue, on behalf of said City, revenue bonrs for water purposes; and WHEREAS, said Section 1210, Revenue Bonds, of said City Charter, states as follows: "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 shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, 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 proposition shall have been duly submitted to the qualified electors of the City. "It -shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the Cite for the establishment 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 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." WHEREAS, pursuant to said Section 1210 of said Charter, and Ordinance No. 254 of the City Council'of the City of Anaheim, a special municipal election was held in said City on November 5, 1968 for the purpose of submitt- ing to the qualified voters of said City the proposition' of issuing water revenue bonds in the amount of $2,000,000, pursuant to the provisions of said Section 1210, for the following purposes, to wit: "To acquire, construct and finance additions to and improvements of the works of the City for supplying the City and its inhabitants with water, shall the City of Anaheim issue water revenue bonds in the principal amount of two million dollars?" WHEREAS, said proposition was approved by the votes of more than a majority of all the voters voting on said proposition at said special municipal election; and WHEREAS, the City Council of the City of Anaheim, acting under and pursuant to the powers reserved to the City under Sections 6 and 8 of Article XI of the Constitution of the State of California and said Section 1210 of the Charter of the City of Anaheim, finds that the public interest and necessity require the establishment by this procedural ordinance of procedures for the issuance and sale of water revenue bonds for certain purposes. 2. NOW, THEREFORE, THE COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Section 1. The City Council, exercising the powers reserved to the City under Sections 6 and 8 of Article XI of the Constitution of the State of California and Section 1210 of the Charter of the City, may when the public interest and necessity require, by resolution or resolutions, issue and sell water revenue bonds to provide funds for the acquisition, construction, improve- ment or financing of improvements, building system, plant, works, facilities, or undertaking, for the following purpose: the obtaining, conserving, treating and supplying of water for domestic use, irrigation, sanitation, industrial use, fire protection, recreation, or any other public or private uses, including all appurtenances to any of the foregoing. Section 2. The procedure for the issuance and sale of revenue bonds shall be the procedure set forth in the Revenue Bond Law of 1941 (commencing with Government Code Section 54300), and by this reference, with the exception hereinafter stated, the provisions of said Law are incorporated herein; (a) provided, however, that no election to authorize'the issuance of said bonds other than that election required by Section 1210 of the City Charter shall be held, and to that end Sections 54380 through 54387 of said Government Code are not incorporated herein and shall not be applicable to the issuance of said revenue bonds; (b) and, provided, however, notwithstanding any provision contained in said Revenue Bond Law of 1941, the City Council may issue and sell the bonds in such manner as it may determine, either by private sale, or by 3. means of competitive bid, and to that end, such sections of the Revenue Bond Act, specifically including Sections 54388, 54403 and 54418, which shall be inconsistent with such provision are not incorporated herein and shall not be applicable to the issuance of said revenue bonds; provided that regardless of the maximum coupon rate of interest recited in the ordinance calling the election, said bonds may be issued at a discount not to exceed 6% of the par value of said bonds; (c) and, provided, however, that not- withstanding anything contained in said Revenue Bond Act of 1941, specifically including Section 54402 interest on said bonds shall be payable for such periods and in such increments as the City Council shall by resolution identify; (d) and, provided, however, notwithstanding anything contained. in said Revenue Bond Act of 1941, said enterprise shall continue in operation in accordance with provisions in the Charter of the City of Anaheim, and procedures therefor adopted pursuant to said Charter and pursuant to such provi- sion as shall be made for said operation in the future, so long as said provision shall be consistent with terms, condi- tions and covenants contained in the resolution providing for issuance of said bonds; (e) and, provided that Section 54310 of said Revenue Bond Act of 1941 shall not be applicable to the issuance of said revenue bonds. Section 3. The provisions of this procedural ordinance shall be liberally construed. Section 4. The City Clerk shall certify to the passage of this ordinance by the City Council of the City of Anaheim and shall cause the same to be published accord- ing to law. This ordinance shall take effect thirty (30) days after its final passage and adoption. 4. PASSED, APPROVED AND ADOPTED by the City Council of the City of Anaheim at a regular meeting of said Council held on the 1st day of .lune , 1971. M�YPr of the it -of Anaheim t ATTEST: City Clerk of the City -of Anaheim (SEAL) 5. STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. DAOUST, , City Clerk of the City of Anaheim Callfornia, DO HEREBY CERTIFY that the' orego ng or finance was introduced at a regular meeting of the City Council duly Fe -on tom` 25th day of May , 19 and thereafter at a regular meeting 01, said City Council duly hela on tFie 1st 3ay of June , 19 71, was duly passed and adopted Ey said City Council and signed and approved by the Mayor of said City, and that said ordinance was passed and adopted by the following vote, to wit: AYES: Councilmen Stephenson, Pebley, Thom and Dutton NOES: Councilmen None ABSENT: Councilmen Roth (SEAL) City Clerk of the City of Anaheim STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. DAOUST , City Clerk of the City of. Anaheim a ornia, DO HEREBY CER'T'IFY that the a ove an oregoing is a full, true and correct copy of Ordinance No. 2933 of said city and that said ordinance was adopted at t e time and by the vote stated on the certificate attached thereto, and has not been amended or repealed. DATED: June 2 , 19 12--. ( SEAL) City Clerk o e ty o Anaheim I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the -original Ordinance No. 2933 and was published once in the Anaheim Bulletin on the 11th day of June, 1971. I'_ City Clerk