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HomeMy WebLinkAboutORD NO 3787 8?8? ORD'rN~NCE NO. ~N ORDTNANCE OF THE CTTy OF B~KERSF~'ELD~, CALTFORNTA~ ADDTN~ CHAPTER 3.55 TO THE B~ERSFTELD MUNTCTpAL CODE~, REL~TTN~ TO ENTERpRTSE REVENUE BOND~ BE IT ORD&INED by the City Council of the City of Bakersfield as follows: SECTION 1. Chapter 3.55, entitled "ENTERPRISE REVENUE BOND LAW", is added to the Bakersfield Municipal Code and shall read as follows:: Chapter 3.55 ENTERPRISE REVENUE BOND LAW Section 3.55.010. Section 3.55.020. Section 3.55.030. Title. Powers. Modifications to Revenue Bond Law of 1941. 3,55.010. Title. This chapter may be cited as the "City of Bakersfield Enterprise Revenue Bond Law." The Revenue Bond Law of 1941, being Chapter 6 of Division 2 of Title 5 of the California Government code, commencing with Section 54300 (the "Revenue Bond Law of 1941") as enacted and as hereafter amended, is hereby adopted by the City as the Enterprise Revenue Bond Law, and all provisions of the Revenue Bond Law of 1941 shall be included in the Enterprise Revenue Bond Law, except as provided below. 3.55.020. Powers. The City is recognized to have and shall exercise all powers pursuant to and as may be limited by the City charter and the laws of the State of California which are necessary or appropriate for carrying out the purposes of this Chapter, ORIGINAL including, without limitation, the power to issue bonds for the purposes specified in the Revenue Bond Law of 1941. 3.55.030. Issuance of Bonds. (a) Government Code Section 54342 is amended to read, for purposes of inclusion in the Enterprise Revenue Bond Law: "A local agency may operate, maintain, repair or manage all or any part of any enterprise, including the leasing of any enterprise for commercial purposes." (b) The Enterprise Revenue Bond Law shall not include Government Code Sections 54380 through 54388, 54403 or 54418, or any sections which may hereafter be added to the Revenue Bond Law of 1941 or any other legislative enactment of the California state legislature which is not codified in the Revenue Bond Law of 1941 but which is made applicable to the Revenue Bond Law of 1941 and imposing any requirement of voter approval in connection with any proposed issuance of enterprise revenue bonds pursuant to the Revenue Bond Law of 1941 or the Enterprise Revenue Bond Law. (c) Government Code Section 54416 is amended to read, for purposes of inclusion in the Enterprise Revenue Bond Law: "The legislative body may issue and sell the bonds in the manner it determines, at public or private sale, at or below par, and at the interest rate or rates fixed by the original purchaser or purchasers and approved by the legislative body or by any other person to whom such approval authority is delegated by resolution of the legislative body." 2 ORIGINAL_ SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. I HEREBY CERTIFY that the foregoing ordinance was passed and adopted hy the City Council of the 0it&F~ ~r.field at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCtLMEMSER ABSTA!N: COU,~CILt~IE,~/,gE R ~1,~ __ A~NT: COUNCILMFMrjER C~,o, d.~.~. CITY CLERK and Ex O~ficlo Clerk of the City Council of thev City of Bakersfield APPROVED APPROVED AS TO FORM: JUDY K. 8KOUBEN CITY ATTORNEY 3 ORIGINAL ~ AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) ) SS. COUNTY OF KERN ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 18th day of September, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3787 , passed by the Bakersfield City Council at a meeting held on the 10th day of September, 1997, and entitled: Ordinance adding Chapter 3.55 to the Bakersfield Municipal Code relating to Enterprise Revenue Bonds. /s/ PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: ~,~'~x_x ~_ ~ ~-'~c~o ci~.~-- DEPUTY City Cie~kJ ,'~ ~'~