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