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HomeMy WebLinkAboutRES NO 55-62~$OLUTION NO. 55-62 A RESOLUTION OF THE COUNCIL OF THE CIT~ OF BAX~RSFIELD CALLING A SPECIAL MUNICIPAL ELECTION IN F~ID CIT~ FO~ THE PURPOSE OF SUB~ITTX~G CE~TAIN~~NTS TO ~ C~RTE~ OF ~E C~ OF BA~RSF~ELD~ ~LY: ~~ SECTION 12; TO~P~ SECTION 109 ~ TO ~D A ~ SECTION DESIGneD AS SECTION 109. ~4EREAS, the Council of the City of Bakersfield proposes to submit certain amendments to the Charter of the City of Bakerso field to the electors of said City, in the manner required by Section 8 of Article XI of the Constitution of the State of California, at a special municipal election to be held in the City of Bakersfield and to be consolidated with the State General Election to be held on the 6th day of November~ 1962, and WHEREAS~ the Charter Amendments so proposed to be submitted are as followsz PROPOSITION NOo 1 That Section 12 of the Charter of the City of Bakersfield be amended to read as follows: ~ights and L~abilities Section 12o The City may use a corporate seal; may sue and be sued; may acquire property in fee simple or lessor interest, by estate, purchase, gift, appropriation, devise, lease, lease with privilege to purchase, for any municipal purpose; may sell, lease, hold, manage and control such property; may make any and all rules and regulations, to carry out all covenants or conditions of any conveyance, deed, gift, bequest or lease; may acquire, construct, own~ lease, operate and regulate public utilities, may engage in the ~tnufacture~ sale or distribution of any commodity generally used by the inhabitants of the City of Bakersfield; may assesS, levy and collect taxes and provide penalties for non-payment there~ of, for general and special purposes, on all subjects or objects which the City may la~,,~fully taxl may enforce the lien of taxes and penalties against property, for taxes assessed and levied thereon, by sale thereof i may borrow money on the faith and credit of the City, by sale of bonds or notes of the city; may appropriate the money of the City for all lawful purposes; may create, provide for, construct, regulate, and maintain all 'things of the nature of public works and improvements, hospitals, parks, playgrounds or other places of amusement or entertainment, may for purposes of regulation and revenue~ license all persons, co~Tporations and associations engaged in any business, occupations and associations engaged in any business~ occupation, profession or trade; may establish and maintain a free municipal employment office; may define~ prohibit, abate, suppress and prevent all things detri~ mental to the health~ morals, comfort, safety, convenience and welfare of the inhabitants of the City, and may abate all nuisances and causes thereof; may regulate the construction~ height and material used in all buildings, and the maintenance and occupancy thereof; may regulate and control the use of the streets and other public places i may create, · establish, abolish and organize offices other than those heroin provided, and except as herein provided, fix the salaries and compensations and hours of labor of all officers and employees; may make and enforce local police, sanitary and other regulations; and may pass such ordinances as may be expedient for maintaining and promoting the peace, good gove~ment and welfare of the cityl the city shall have the power to make and enforce all laws and regulations in respect to municipal affatrs~ subject only to the restrictions and limitations provided in this charteri provided~, however~ that nothing heroin shall be construed to prevent or restrict the city from exercising or consenting and the city is hereby authorized to exercise, any and all rights ~ powers amd privileges heretofore or hereafter granted or prescribed by general laws of the state, and the city shall have all powers that now are, or hereafter may be granted to municipalities by the constitution or laws of the State of California; and all such powers, whether expressed or implied, shall be exercised and enforced in the manner prescribed by this charter, or when not prescribed heroin, in such manner as shall be provided by ordinance or resolution of the Council° The enumeration of particular powers By this charter shall not be held or deemed to be exclusive~ but, in addition to the powers enumerated heroin, the city shall have, and may exercise all other powers, which, under the consti~, rution and laws of California, it would be competent for this charter specifically to enumerate° PROPOSITION NO o 2 That Section 109 of the Charter of the City of Bakers- field, entitled "Control and Fixing of Rarest" be and the same is hereby repealed and a new section of the same number, 109, be added to said Charter which section shall read as follows: Section 109o Public Utility Revenue Bonds° (a) pefinition_s_o Unless the context other~rlse requires, the following definitions govern the construction of this section° y means the City of Bakersfieldo "This section" means this Section 109o "Public utility" means all facilities, property and works o~ed and operated by the City which constitute a public utility for a particular purpose as such term shall be defined in the ordinance providing for the issuance of revenue bonds under this section° ' ............ "Revenues~' includes all moneys received from rates, tolls or charges for service from said public utility or any part thereof or for any commodity furnished by it, and all other income or receipts derived from the use of or operation of said public utility or any part thereof, or otherwise arising from said public utility or any part thereof, but not including taxes or as sos smen ts o ~'Rates" means rates, tolls or charges from which said revenues are derived° (b) R_evenue Bonds ~ P. Ower to Issue° Revenue bonds may be issued as provided in this section to provide funds for any or all of the following= the acquisition or construction of a public utility or any part thereof or for additions to or extensions or improvements of a public utility or for the reconstruction or repair or replacements of parts of a public utility and for the acquisition of all lands, easements, rights and property necessary for such purposes° Any issue of public utility revenue bonds may be for any or all of said purposes relating to a single public utility° Such revenue bonds, heroinafter sometimes called "bonds'~ or "revenue bonds," shall not constitute an indebtedaess of the City but shall constitute obligations which shall be payable~ principal and interest and any premiu~x~s upon the redemption thereof prior to maturity, only from a special fund which shall consis~ of the revenues of the public uttlity~ and, to the extent provided in the ordinance authorizing the issuance of the bonds, the payr~ent of the principal of and interest on such revenue bonds and any premi~s upon the redemption of any ~hereof shall be secured by an exclusive pledge, charge and lien upon all of said revenues of said public utility, or such portion thereof as is specified in said ordinance~ and said revenues so pledged shall constitute a trust fund for the paF~nent of such principaol and interest and premium ~ No restriction or limitation upon or procedure for the iss~ance of bonds in other sections of this charter shall apply to bonds issued under this section (~ncluding, without limitation, refunding revenue bonds) and this section shall constitute complete authority for the issuance of such revenue bonds {including~ without limitation~ such refunding revenue bonds) and no action or ceeding mot required by this section shall be necessary for the. valid authorization and issuance of such revenue bonds° striction or limitation upon or procedure for the acquisi~om~ construction or establis~ent of a public u~ility~ or a part thereof~ ~n other sections of this charter (including~ without limitation~ Sections 110~ 111 and 112) shall apply to the acqu!~ eitiom~ construction or'es~ablis~emt of a public utili~y~ or a part thereof~ when the same is f~manced ~m whole or ~m par~ the proceeds of revenue bonds issued ~der this sectien~ and this section shall constitute a complete alternative to such other sections and complete authority for the acquisition~ cens~ructiom or establishment of said public utility~ or part thereof~ no action or proceeding not required by ~his section shall necessary for the valid acquisition~ construction or establis~e~t ef such public utility or ~art thereof~ ~e powers and authorities mentioned lm this meetion are in addition to and supplemental all other powers and authori~y of the City~ Me revenue bond issued under this section or, amy iD. terest payable thereon nor amy premiums ~ if amy~ due upon ~he redorap=ion ~hereof prior ~o maturity shall be or become an obliga~ion chargeable or enforceable against amy of the tax revenues of the City or other revenues of the City except the revenues of the public utility as aforesaid~ ~e limitations upon bonded indebtedmess which may be applicable to the City shall mot apply to revenue bonds issued under this section~ This section shall not apply to the acquisition, comstructiom or establi's~ent of a public u~iiity for any of the following purposes: (1) the generation, production, transmission and distribution of electric energy for lighting, heating and power for public and private uses~ (2) the generation, production, transmission and distribution of gas for public or private uses~ or {3) the furnishing of telephone or telegraph service for public or private uses° (c) Ordinance of Xssuanceo The power to issue revenue bonds pursuant to this section shall be vested solely in the Council° The Council shall provide for the issuance of such revenue bonds by ordinance which shall be subject to referendum tn the manner that other ordinances of the City are subject to re forendure o (1} Xn any ordinance providing for the issuance of revenue bonds under this section the Council shall: (i) define the term ~vpublic utility~ (ii) recite the objects and purposes for which the bonds are to be issUed~ (iii) fix the principal amount of bonds to be issued thereunder] (iv) fix the date of '~he bonds~ (v) fix the date or dates of maturity of each issue or series of bonds (which may be serial or term maturities or a combination thereof) ~ provided~ however~ that no bond shall run more than 40 years from its date, and (vi) fix the maximum rate of interest to be payable thereon~ not to exceed six per cent (6%) per a~num~ payable annually or semiannually or in part annually and in part s emi annua 1 ly o (2) Said bonds shall be issued in negotiable form and shall be neSotiableo .The recitals of regularity of proceedings in any revenue bond issued and sold under this section shall be conclusive evidence 'of compliance ~qith the provisions of this charter and of the validity of such bond and no bona fide purchaser of such bond containlnE the recital permitted by this section shall be required to see to the existence of any fact or to the per° formance of any condition or to the ~aking of any proceedings re- quired prior to the actual issuance and delivery of said bonds or to the app!ica~ion of the purchase price paid for said bonds, (d) Sp~ecific Provisions in she Ordinance° Xn any ordinance providins for the issuance of revenue bonds under this section the Council may fix the terms and conditions thereof (includlnE covenants) and may in any article, section, sentence or clause thereof make such provision (includinE covenant} as it may deem necessary or desirable to facilitate the issuance and sale of the bonds or for the protection or security of the holders thereof~ includinE, without affectinE the Eenerality of the foregoing, any or all of She following: (1) The denomination or denominations of the bonds~ the medium of payment thereof, the place or places of payment -Lthereof, ~xhich may be within or without the State of California, the form of said bonds (including recitals of regularity) and of interest coupons pertaining thereto, the form, denomination and conditions of any temporary bonds or interim certificates (~hich temporary bonds or interim certificates may be issued without interest coupons)~ the manual and facsimile signatures to be affixed to said bonds (definitive or temporary) or interim certificates~ and the facsimile signature to be affixed to interest coupons, and the registration and conversion privileges pertaining to said bonds° (2) Provisions for the call and redemption prior to maturity of any part of or all of said bonds and the premiums to be p~td upon such call and redoemptiono (3) Covenants relating to the establishment and maintenance of rates° <4) Covenants relating to the extem~ to which such public utility ~y furnish or render to the City or to any government, department of government, public corporation or or private corpor~ ~r ~er~n serv~ce~ or c~adi~ie~ free ~ l~wer r~es ~hmm ~he~l~e ch~rged~ ~5) ~e c~llec~i~n~ dep~s~ and ~afekeephg ~f ~he revenues and ~he ~e~lsmible uses ~here~f. <6) The fund im~G which ~he principal s~s from ~he sale ~f ~he b~nds ~hall be plaeed~ ~he c~Xlec~i~n~ dep~si~ safekeeping ~f revenues~ ~he d~sposi~iom and pe~is~ible uses ~f such revenues and ~he priorities ~o be observed in such disposition or uses, the es~ablis~en~ of special f~ds or acco~s, including~ without limitation~ reserve ~ sinking~ bond service, redemption, surplus ~ acquisition~ construc~ion, maintenance and operation and depreciation~ the permissible investants for moneys tn said f~d~ or accounts or any ~hereof~ the disposition of interest ea~inEs from such iuves~en~s~ the accosts and records ~o be kept ~ audits thereof and examination of such audits by bond~ holders and others~ f?) CarryinE of insurance upon the public utility any part thereof aEains~ any or all rlsks~ a~d in case of loss the application of the insurance proceeds. <8) Prohibition a~ains~ or llm!~ations upon the sale, lease or other disposition or transfer of the public u~ility or any substantial part thereof, and the use of any f~ds derived from any sale~ lease o~: o~her disposition or transfer peatted under the te~s of ~ch ordinance. {9) Limitations upon ~he issuance of any additional bonds payable out of the reven~s of the public utility~ but bonds shall be issued purs~nt to this section or ~der any other provision of the charter or any other law having any priority in payment of principal or interest out of the revenues of the public ut.ility over amy revenue, bonds t.heret.ofore or t.hereafter issued and payable out. of such revenues° (10) Provisions whereby the consent or agreement. of st.ated percent. age or n~ber of ~he holders of ~he bonds may bind all holders ~o modifica~ions of such provisions of ~he ordinance authorizing and providing for ~he issuance of such bonds and ~he resolution providing for zhe sale ~hereof or ~o a ref~dimg of said bonds and ~o c~lls or exchanged in co~ec~ion wi~h such ref~ding~ {11) For the iss~mce of a duplicate in the ~er and upon such terns and conditions as the Co~cil ~y detemine~ the event ~y bomd~ temporary bomd~ coupon or interim certificate of amy such issue is io~t~ s~olen~ destroyed or mutila~ed~ (12) ~y other provision (including covenant) valid ~r the Constitutions of the State of California and the United $~ates of ~rica~ {e} 9rdt~ance a Contract~ Any o=dinance p~ovidin~ for the issuance of any ~evenue bonds ~de~ this section and all o~he~ o=dinances and resolutions in the proceedings for ~he issuance of 8aid b~ds shall constitute a contract ~h the holders of ~he bo~ds and may be enforced by a~y holder by mandamus~ junction or ~y o~her applicable legal ac~ion~ suit~ p~oceedin~ o~ othe= ~emedy~ (f} Sale of ~evenue Bonds~ Eonds issued ~de~ this section shall be sold by the Co~cil from time to time for not less ~he.~ p~r 8nd accrued interest to the date of dellvery~ for a ~=Ice below ~he par value thereof~ p~ovided that the net inte=est cost on bonds so~a ~1o~ pa= value shall not exceed six per cent ~6%) per annum, payable semiannually to the respective maturity dates thereof as determined by standard tables of bond values° Said bonds shall be sold ~nly at public sale following such notice as the Council, by resolution, which shall not be subject to referendum, may prescribe~ provided, however, that if no bid is received or if the bid or bids received are not satis~ factory, the Council may reject all bids received, if any, and may thereafter sell such bonds at public or private sa!e~ provided, further, that the provisions of this subdivision shall not apply to the exchange of any refunding bonds for outstanding bonds° Any revenue bonds issued hereunder may be sold at a fixed rate of interest or the bidders may be invited to state the rate or rates of interest at which they will purchase said bonds, but no rate of interest on any of the bonds shall exceed the maximum rate hereinbefore set forth° ~f the bidders are invited to state the interest rate or rates, then upon the acceptance of a bid the Co~cil shall by resolution, which shall not be subject to referendum, fix such interest rate or rates as have been bid by the ~successful bidder as the rate or rates of interest on bonds soldo ~g) ' Disposition ~o~f_ Revenue Bond Proceeds~ The proceeds from the sale of bonds issued hereunder shall be paid into the f~nd designated by the ordinance providing for the issuance of said bonds and shall be applied exclusively to the objects a~d purposes set forth in such ordlnance~ provided, however, fl) premium and accrued interest may be paid into the fund, funds or acco~,jnts established for the payment of principal and interest on the bon~,s~ <2) that the general fund or o~j~er fund of the City~ as the case may be, ~-y be reimbursed from such proceeds ~for expenditures for the objects and purposes for which the bonds were issued made from such fund after the ordinance providing for the issuance of the bonds has bed,me effective~ ~3) that such proceeds may be used for the payment of all costs and expenses incurred in co~ection with the issuance of said bonds~ for bond reserve funds or accoun~s~ ~qorkinE capital and for interest on said bonds during the period of acquisition and construction and for the first six months thereafter~ and (4) that when the objects and purposes for which the bonds were issued have been accomplished any remaining unexpended f~nds derived from the sale of the bonds shall be used for the payment of principal and interest of said revenue bonds or for the redemption of any callable bonds thereof° ~h) ~efundln$ Revenue Bonds. Refunding revenue bonds may be issued for the payment or redemption of any revenue bonds issued pursuant to this section and such refunding bonds may be issued in principal amount sufficient to refund the outstanding bonds proposed to be ref~tnded thereby, including payment of accrued interest and any premiums thereon and all expenses of such refunding° Refunding revenue bonds shall be authorized, issue~ and sold substantially in the manner provided for the issuance and sale of other revenue bonds hereunder and m~y' be exchanged for the outstanding bonds to be refunded upon such terms and conditions as may be stated in the ordinance authorizing such refundinE bonds° <i) Gen~era_l.provisiOnS. o The validity of an7 revenue bonds issue~ under ~his section shall not be dependent on or affected in any way by any proceedinEs taken for the acquisition or construction or other accomplishment of the objects and purposes for which the bonds are or were issued or by an7 contracts m~de in connection there~ritho To the extent that any provision of any ordinance authorizinE the issuance of revenue bonds pursuant to this section or any provision of an7 ordinance or resolution pertaining to such revenue bonds adopted pursuant to the authority of this section is inco~sisten~ with any of the provisions of amy other section of this charter the provislons~ of such ordinance or resolution shall control so long as any of the bonds or coupons to which the same pertain are outstanding and ~npaido No bond shall be deemed to be outstanding and unpaid ~ithin the meaning of ~his section if moneys for the p~rpose of paying the s~e or redeeming the same prior to mturlty and sufficient therefor have been irrevocably set aside in bond se~iee~ sinking or redemption f~ds or acco~ts, or other tZ~St f~d created to insure the or ~edemption thereof. The Co~cil is authorized to take any and all steps and proceedings necessary or convenient for the lss~nce and sale of revenue bonds ~der this section and for the papent or redemption thereof~ NOW~ [E~FOE, BE IT ESOL~D by the Co~cil of the City of Bakersfield~ on its o~ motion~ that the aforesaid proposed a~n&ents to the Charter of the City of Ba~rsfteld be su~itted to the electors of said City as required by law, at a special m~icipal election ~o be held in said City on the 6th ~y of November~ 1962~ ~hich election shall be consolidated ~th the State General Election to be held on the same BE XT FUR~EK ~SOL~D~ that the City Clerk of the City of Bakersfield be and she is hereby directed to give notice of said special municipal election by causinE the full text of said proposed charter amen~ents to be published in the Bakersfield Califomian, a newspaper of genera! circulation printed. and pub].ished in the City of Bakersfield~ Co%~ty of ~em~ State of California, not more than ~0 days and not less than ~0 days before ~he ~te of said election, in all"the editions thereof issued the date of .... o0o 12~ ~assed amd ~dopted by ~he Co~cfl ~f ~he C~y of ~rsfieid a~ a special meeting thereof held ~ zhe 31g~ ~y of AugueZ~ 1962~ by the followlng vo~e: Marisn $. Xrvin CfTf CLE'~R~ and Ex=O~'f~cio Clerk of~he Council of the City of Bakersfield. By