O1345
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CA:RMM:lmo053
CIty CouncIl Meeting 10-1-85 Santa Monica, CalifornIa
ORDINANCE NUMBER 1345(CCS)
(CIty CouncIl SerIes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SPECIFYING THE POWERS
AND PROCEDURES FOR THE ISSUANCE OF REVENUE
BONDS FOR THE PURPOSE OF FINANCING
FACILITIES IN THE CITY OF SANTA MONICA BY
PARTICIPATING PARTIES AND INCLUDING
DEFINITIONS, GENERAL PROVISIONS, POWERS,
ISSUANCE PROCEDURES, AND CERTAIN
SUPPLEMENTAL PROVISIONS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1.
FIndIngs and Determlnatlons.
The CIty
CouncIl of the Clty of Santa MonIca hereby declares:
(aJ The
acquIsItIon
and
constructIon of certaIn
faCIlitIes In the CIty by prIvate persons as speCIfIed hereIn
serves the publIC Interest of the CIty and promotes the publIC
health, safety, and welfare of the CIty by makIng such
faCllltles avaIlable to the reSidents of the CIty WIthout cost
to the CIty or to any other public agency.
lb) PermIttIng the CIty to aSSIst In the fInancIng of
the
acqUIsItIon
and
constructIon
or
expanSIon
and
modernIzatIon of such facllltles servps the publIC Interest of
the CIty by enablIng the CIty to Induce manufacturIng,
IndustrIal, and commerCIal enterprIses to locate In the CIty,
thereby promotIng commerce and Industry In the CitYi and
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ensurIng
and are
that certain facIlItIes are avaIlable to the public
modernIzed
In
a
manner
conSIstent
expanded, enlarged or
WIth such public
acqUIred
and constructed or
avaIlabIlIty and WIth the publIC concerns of the CIty.
(c) EncouragIng the acqUISItion and constructIon or
expanSIon and modernIzatIon of faCIlItIes for manufacturing}
IndustrIal, and commercIal enterprises or pUblIc faCIlItIes by
prIvate persons pursuant to thiS OrdInance constItutes a
munICIpal affaIr of the CIty of Santa Monica, an exerCIse of
the polIce powers of the CIty of Santa Monica, and a publIC
purpose In WhICh the CIty of Santa MonIca has a unIque
Interpst.
SECTION 2.
DefInItIons.
Unless the context otherWIse
requires} the follOWIng words or phrases
ordInance shall have the follOWIng meanings:
(a1 AcqUISItIon (and ItS varIants].
used
In thIS
AcqUISItIon,
constructIon, Improvement, furnIShIng, eqUIppIng, remodeling,
repaIr, rpconstructIon, or rehabIlItatIon.
(b)
AdminIstratIve
Exoenses.
All
reasonable and
necessary expenses Incurred by the CIty In the admInIstratIon
of the prOVISIons of thIS OrdInance WIth respect to a
partICUlar ProJect and the fInanCIng thereof, IncludIng,
WIthout lImItatIon, compensatIon to CIty agents, employees and
staff, fees and expenses of paying agents, trustees, bond
counsel, and fInanCIng consultant~) and costs of printIng and
advertISIng.
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r c)
Bonos.
Any bondsJ
notes,
InterIm certIfIcates,
debentures, or other oblIgatIons Issued by the CIty pursuant
to thIS OrdInance, WhICh are payable exclusIvely from Revenues
and other funds permItted by this OrdInance.
(d) CIty. The CIty of Santa MonIca, CalIfornia, a
munIcIpal corporation
pursuant to the CIty
State.
eXIstIng
Charter
under and exercIsIng powers
and the ConstItutIon of the
(e)
CIty Charter.
The charter of the CltYJ as amended
from time to time.
(fJ CIty CouncIl. The CIty CouncIl of the CIty.
(g) Costs. WIth reference to a ProJect, any or all of
the follOWIng costs Incurred for the acquIsition thereof:
(1) Obligations of the PartICipatIng Party
Incurred for labor and materials In connection WIth the
acqUIsItIon of the ProJect.
(2) The cost of acquIsItIon of any property,
whether real or personal, Improved or unImproved, InclUdIng
franchIse rights and other IntangIble property and any
interests thereIn, requIred for the acqUISitIon of the
ProJect.
13) The cost of demolIshIng, removIng, or
relocating any bUIldIng or structure, and the cost of making
relocatIon aSSIstance payments, If any, as requIred by law.
(4) The cost of contract bonds and of Insurance
of all kInds that may be requIred or necessary during the
course of the acqUIsItIon of the ProJect.
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(5) All costs of engIneerIng, legal, and
consultant serVIces, includIng the costs of the PartIcipatIng
Party for surveys, estImates, plans and specIfIcatIons, and
prelImInary InvestIgatIon therefor, and for supervIsing
construction, as well as for the performance of all other
dutIes requIred by or consequent upon the proper acqUISItion
of the ProJect.
(6) All
proceedIngs by the
wIth the CalIfornIa
amended.
costs
incurred
In connectIon with
PartICIpatIng Party necessary to comply
EnVIronmental QualIty Act of 1970, as
(7) All amounts reqUIred to fund any reserve
funds for Bonds and any Interest on Bonds becoming due and
payable durIng a perIod not exceedIng the period of
acqUISItion of the ProJect and 12 months thereafter.
(8) All admInIstratIve expenses.
(9) All costs WhICh the participating Party shall
be reqUIred to pay, under the terms of any contract or
contracts, for the acqUISItion of the Project.
(10) The refInanCing of any eXisting indebtedness
secured by an Interest In any real property comprISIng any
portIon of the Project, so long as and to the extent that such
refInanCIng does not cause Int~rest on the Bonds to become
taxable under SectIon 103 of the Internal Revenue Code of
1954, as ampnded.
(11) Any
PartICIpatIng Party
sums
reqUIred
to
reImburse the
any of the above
for advances made for
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Items or for any other costs Incurred and for work done WhICh
are properly chargeable to the ProJect, provIded that
reImbursement of such advances does not cause the lnterest on
the Bonds to become subject to federal Income taxation.
lh) FInance (and Its varIants). The lendIng of monIes
or any other thIng of value to PartIcIpatIng PartIes, or the
enterIng Into of leases or Installment sale agreements with
PartIcIpatIng PartIes, or the makIng of loans to fInancIal
InstItutIons WhIch In turn make loans to PartIcIpatIng
PartIes, for the purpose of paYIng or otherwIse providIng for
or aSSIstIng the payment of any or all of the Costs of a
Project pursuant to thIS OrdInance.
fI) Partlclpatlnq Party. Any person, corporatIon,
partnershIp, fIrm, or other entity or group of entities
reqUIrIng fInancIng for the acqUIsItIon of a ProJect pursuant
to thIS OrdInance.
(JI Prolect. Real Property located WIthIn the CIty and
Improved or to be Improved WIth manufacturing, industrIal, or
commercIal faCIlItIes; faCIlItIes for recreatIon, parkIng,
health, educatIon, or other uses approved by the CIty CounCIl
pursuant hereto and WhICh are open to the publIC; and other
faCIlItIes determined by the CIty CounCIl to serve the publIC
Interest and promote the publIC health, safety, and welfare
WIthIn the CIty.
(k) OrdInance. ThIS OrdInance, as amended from tIme to
tIme In accordance WIth SectIon 19 hereof.
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(1) Revenues. With respect to the fInancing of a
ProJect, all amounts received as repayment of prIncIpal}
Interest, and all other charges received for, and all other
Income and revenue (Including the proceeds of Insurance)
derIved by the CIty In connection With such ProJect or the
financIng thereof, and any receIpts derIved from the
Investm~nt of such Income or Revenues, IncludIng rnonIPS
depOSIted In a SinkIng, redemption, or reserve fund, or other
fund to secure the Bonds or to prOVide for the payment of the
prinCipal of or Interest on the Bonds and such other monIes as
the CIty CouncIl may In Its dIscretIon make available
therefor.
lm) State.
The State of CalIfornIa.
SECTION
3.
Power~.
The City IS authorIzed and
empowered:
(al To determine the location and character of any
ProJect to be financed under the prOVISions of thiS OrdInance.
(bl To Issue Bonds for the purpose of finanCing or
otherWIse assisting In the acqUISition of Projects by
PartiCIpating Parties under thIS OrdInance, and for the
purpose of refundIng any Bonds preVIously Issued hereunder.
lc) To fIX fees, charges, and Interest rates for the
finanCIng of any ProJect, and to revise such feps, chargps,
and Interest rates from time to time, and to collect Interest
and prinCIpal on any loan made to a PartICIpatIng Party
together With such fees and charges incurred In such
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financing, and to contract with any person, partnership,
aSSociatIon, corporatIon, or publlC agency WIth respect
thereto.
rd} To hold deeds of trust as securIty for financing
any ProJect and to pledge the same as securIty for repayment
of Bonds Issued therefor.
(e) To establish the t~rms and condItions of the
financIng
OrdInance.
(f) To require that the full amount
for the financing of a Project pursuant
shall be due and payable upon sale or
ownershIp of such ProJect.
of
any
ProJect undertaken pursuant to thIS
owed on any loan
to thiS Ordinance
other transfer of
(g) To acquIre, by deed, purchase, lease, contract,
gift, devIse, or otherwls~, any real or personal property,
structures, rIghts, rlghts-ot-way, franchises, easements,
mortgages, and other Interests In property located wIthin the
State necessary or convenient for the fInanCing or acquIsition
of a ProJect, upon such terms and condItions as It deems
adVisable, and to lease, sell, or dispose of the same In such
manner as may be necessary or deSIrable to carry out the
objects and purposes of thiS OrdInance.
(h) To employ or contract for such engineering,
architectural, accounting, collection, economic feaSibility,
or other services In connection WIth the servIcing of loans
made to PartIcIpating Parties as may be necessary In the
Judgment of the CIty CouncIl for the successful finanCing of a
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Project. The CIty may pay the reasonable costs of consultIng
engIneers, archItects, accountants, constructIon experts, and
economIC feasibIlIty experts, If, In the Judgment of the CIty
CouncIl, such serVIces are necessary to the successful
fInancIng of a ProJect. The CIty may employ, contract for}
and fIX the compensatIon of fInancIng consultants, bond
counsel, and such other advIsers as may be necessary In Its
Judgment to provIde for the Issuance and sale of Bonds.
(1) In addItIon to all other powers specIfIcally
granted In thIS OrdInance, to do all thIngs necessary or
convenient to carry out the purposes of thIS OrdInance.
SECTION 4. ApplIcatIons for FInancIng. PartIcipatIng
PartIes may apply for fInancIng pursuant to this OrdInance by
contactIng the CIty Manager or such other offIcers or
employees of the CIty as shall be deSIgnated by the CIty
CouncIl from tIme to tIme. Each applIcant shall supply to the
satIsfactIon of the CIty Manager or such other officer or
employee all InformatIon reqUIred to evaluate the fInanCIal
relIabIlIty and stabIlIty of the PartICIpating Party and the
feaSIbIlIty of the proposed ProJect, InclUdIng an estImate of
the maXImum amount of fInanCIng to be required, a descriptIon
or ItemIzatIon of the Costs of the proposed ProJect, and a
wrItten agreement to pay all AdmInIstratIve Expenses for the
proposed ProJect.
SECTION 5. Acceptance of ApplIcations. Upon receIpt of
an applIcatIon contaInIng all reqUIred InformatIon, agreement,
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and undertakings, the CIty Council shall at such tIme as it
deems convenIent revIew such applicatIon and any staff
recommendations with respect thereto. If the City Council
chooses to approve any application for finanCing under thIS
Ordinance, it shall adopt a resolutIon authorIzIng the
Issuance of Bonds and/or acceptIng and apprOVIng such
applIcation and the participatIon of the City In the fInanCIng
of such ProJect, subject to the prOVISIons of thIS Ordinance
and the conclusIon of all proceedIngs undertaken to consummate
such fInanCIng to the satIsfactIon of the City. The
proVISIons of thIS Section 5 shall not apply to any fInanCIng
approved by resolutIon of the CIty CouncIlor the
Redevelopment Agency of the City of Santa Monica adopted prIor
to the date of adoptIon of thIS OrdInance.
SECTION 6. AuthQrlzatlon of ~onds. The City may Issue
Its Bonds for the purpose of finanCIng or otherWIse aSSIstIng
In the acquISItIon of ProJects authorIzed by thIS OrdInance.
Every Issue of Bonds shall be a speCIal oblIgatIon of the
CIty, payable solely from all or any part of the Revenues of
ProJects.
SECTION 7. Issuance of Bonds. The Bonds may be Issued
as serial Bonds or as term Bonds, or the City CounCIl, In Its
discretIon, may Issue Bonds of both types. The Bonds shall be
authorized by resolutIon of the CIty CounCIl and shall bear
such date or dates, mature at such tIme or tImes, bear
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interest at such fixed or varIable rate or rates, be payable
at such tIme or tImes, be In such denominatIons, be In such
form, carry such regIstration privileges, be ex~cuted 10 such
manner, be payable in lawful money of the UnIted States of
AmerIca, at such places or places, and be SUbJect to such
terms of redemptIon as the resolution or resolutIons of the
City CounCIl may provIde. The Bonds may be sold at eIther a
publiC or private sale and for such prIces as the CIty CounCIl
shall determIne. PendIng preparatIon of the defInItIve Bonds,
the City may Issue interim receIpts, certIfIcates, or
temporary Bonds, WhICh shall be exchang~d for such definItIve
Bonds.
SECTION
8 .
Terms
of Bonds.
Any resolutIon or
resolutIons authorIZIng any Bonds or any issue of Bonds may
contaIn prOVISions respectIng any of the follOWing terms and
condItIons, which shall be a part of the contract WIth the
holders of the Bonds:
lal The pledge of all or any part of the Revenues,
SUbJect to such agreements WIth Bondhold~rs as may then eXIst.
(b) The Interest and prinCIpal to be receIved and other
charges to be charged and the amounts to be raised each year
thereby, and the use and dISPOSItion of the Revenues.
Ic) The setting aSIde of reserves or SinKing funds and
the regulatIon and diSpOSItIon thereof.
(d) LimItatIons on the purposes to WhiCh the proceeds
of a sale of any Issue of Bonds, then or thereafter Issued,
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may be applIed, and pledgIng such proceeds to secure the
payment of the Bonds or any Issue of Bonds.
Ie) LimItatIons on the Issuance of additional Bonds,
the terms upon which addItIonal Bonds may be Issued and
secured, and the refundIng of outstandIng Bonds.
(f) The procedure, If any, by WhICh the terms of any
contract With Bondholders may be amended or abrogated, the
amount of Bonds the holders of which must consent thereto, and
the manner In which such consent may be given.
(g) SpeCIficatIon of the acts or omISSIons to act whIch
shall constItute a default In the dutIes of
holders of Its oblIgatIons, and prOVIdIng the
remedIes of such holders In the event of default.
(h) The mortgagIng of land, Improvements, or other
assets owned by a PartiCIpatIng Party for the purpose of
securIng paym~nt of the Bonds.
(i) Such other terms and condItIons pertaInIng to the
Issuance of the Bonds as are deemed adVIsable by the CIty
the CIty to
rIghts and
CounCIl.
SECTION 9. Trust Aareement.
In the dIscretion of the
City CounCil, any Bonds Issued under the prOVISIons of thiS
OrdInance may be secur~d by a trust agreement or Ind~nture by
and between the City and a corporate trustee or trustees,
WhICh may be any trust company or bank haVIng the powers of a
trust company WIthIn or WIthout the State. Such trust
agreement or the Indenture may pledge or assign the Revenues
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to be receIved or proceeds of any contract or contracts
pledged, and may conveyor mortgage any property. Such trust
agreement or Indenture may contaIn such provIsIons for
protectIng and enforcing the rIghts and remedies of the
Bondholders as may be reasonable and proper and not In
vIolatIon of law, IncludIng such prOVISIons as are permItted
to be Included In any resolutIon or resolutIons of the CIty
CounCIl authorIZIng the Issuance of Bonds hereunder. Any such
trust agreement or Indenture may set forth the rIghts and
remedIes of the Bondholders and of the trustee or trustees,
and
may
restrIct
the
IndIVIdual rIght of actIon by
Bondholders. In addItIon to the foregOIng, any such trust
agreement or Indenture may contaIn such other prOVISIons as
the CIty CounCIl may deem reasonable and proper for the
securIty of the Bondholders.
SECTION 10. Personal LIabIlIty. NeIther the members of
the CIty CounCIl nor any person executIng the Bonds shall be
lIable personally on the Bonds or be sUbJect to any personal
lIabIlIty or accountabIlIty by reason of the Issuance thereof.
SECTION 11. RefundInq Bonds. The CIty CounCIl may
prOVIde for the Issuance of Bonds any portIon of which IS to
be used for the purpose of refundIng outstandIng Bonds,
includIng the payment of the prInCIpal thereof and Interest
and redemptIon premIums, If any, thereon. The proceeds of
Bonds Issued to refund any outstanding Bonds may, In the
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dIscretion of the City CouncIl, be applIed to the retirement
of such outstanding Bonds at maturity, or the redemption (on
any redemption date) or purchase of such outstandIng Bonds
prIor to maturity, upon such terms and sUbJect to such
condItIons as the City CouncIl shall deem advisable.
SECTION 12. Reoavment of Bonds. Revenues shall be the
sole source of funds pledged by the City for repayment of
Bonds Issued hereunder. Bonds issued hereunder shall not be
deemed to constitute a debt or liability of the CIty or a
pledge of the faith and credit of the City but shall be
payable solely from Revenues arising from the particular
Project All Bonds shall contaIn on the face thereof a
statement to the follOWIng effect:
NEITHER THE FAITH AND
TAXING POWER OF THE
MONICA IS PLEDGED TO
THE PRINCIPAL OF OR
THIS BOND.
The issuance of Bonds shall not directly, indirectly, or
contingently obligate the City CounCil to levy or pledge any
form of taxation or to make any approprIation for their
CREDIT NOR THE
CITY OF SANTA
THE PAYMENT OF
ANY INTEREST ON
payment.
SECTION 13. Authoritv to ASSist Projects. The CIty may
provide fInancing to any PartiCIpating Party for, or otherWise
aSSIst the acqUiSition of, duly approved Projects pursuant to
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thIS Ordinance. At the dlscr~tlon of the City Council, the
financial assistance provided hereunder may take any form
deemed adVisable for the successful financIng of the Project,
Including without limitation a loan, lease, or installment
sale.
SECTION 14. Financing Agreements. The CIty may enter
Into agreements WIth any P~rtlclpatIng Party with respect to
the financing of a ProJect, which agreements may prOVide that
the architectural and engineering design of the ProJect shall
be sUbJect to such standards, rpvlews) and approvals as may be
establIshed by the CIty and that the acqUISition of the
Project shall be sUbJect to such superVision as the CIty deems
necessary. The terms and conditIons of such agreements may be
as mutually agre~d upon, but shall not be InconSIstent with
the prOVISIons of thIS OrdInance. Any such agreement may
prOVide the means or methods by WhiCh any mortgage taken by
the City shall be discharged, and It may contain a covenant by
the PartiCipating Party to complete the ProJect whether or not
Bond proceeds are suffiCIent therefor, and such other terms
and conditions
as
the City may
revise) charge)
require.
The City IS
authorIzed to
fix)
and collect Interest and
principal, and all other rates, fees, rents, Installment
purchase payments) and charges With respect to the financing
of a ProJect. Such rates, feps, rents, Installment purchase
payments, charges, and interest shall be fixed and adJusted so
that the aggregate thereof will prOVIde funds suffiCient WIth
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other revenues and monies which It IS anticipated will be
available therefor, If any, to do all of the follOWing:
la) Pay the prinCIpal of and Interest on outstanding
Bonds Issued to finance such ProJect, as the same shall become
due and payable.
(b) Create and maintain reserves reqUired or provided
for In any resolutIon authoriZIng such Bonds. A sufficIent
amount of the Revenues derIved from the Project may be set
aSide at such regular Intervals as may be prOVIded by the
resolution or trust Indenture In a Sinking or other Similar
fund, which shall be pledged to, and charged With, the payment
of the prinCIpal of and Interest on such Bonds as the same
shall
become dup, and the redemption
of Bonds retired by call or
prOVided. Such pledge
time the pledge IS made.
charges, revenues, or
shall be valId
prIce or the purchase
purchase as therein
and binding from the
price
The rates, fees, interest, and other
monIes
so
pledged
and
thereafter
receIved by the CIty shall Immediately be subject to the lien
of such pledge WIthout any phYSIcal delivery thereof or
further act, and the lIen of any such pledge shall be valid
and binding as agaInst all parties haVIng claims of any Kind
in tort, contract, or otherWise agaInst the City, irrespective
of whether such parties have notice thereof. Neither the
resolutIon, the trust Indenture nor any agreement by WhICh a
pledgp IS created need be flIed or recorded except In the
records of the CIty. The use and diSpOSitIon of monies to the
credIt of such Sinking or other SImIlar fund shall be subject
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to the provisions of the resolution or trust agreement
authorizing the issuance of such Bonds.
(c) Pay Administrative Expenses to the extent not paid
from Bond proceeds.
SECTION 15. Trust Funds. All monies receIved pursuant
to the prOVISions of this Ordinance, whether proceeds from the
sale of Bonds or Revenues, shall be deemed to be trust funds
to
be
held and applied solely for the purposes of this
Any bank or trust company In which such monies are
shall act as trustee of such monies and shall hold
Ordinance.
deposited
and apply
the same
subject
for the purposes speCified In this
the terms of the resolution or trust
OrdInance,
to
agreempnt authorIZIng the Bonds.
SECTION 16.
Liberal Construction.
This OrdInance,
beIng necessary for the health, welfare, and safety of the
CIty and Its rpsldents, shall he liberally construed to effect
Its purposes. Furthermore, the CIty CounCil hereby declares
that thiS Ordinance IS an ex~rClse of the power granted to the
City by the City Charter and the ConstitutIon of the State and
IS an exercise by the City of Its powers as to muniCipal
affaIrs
IIherally
the State
and its police powers, and thIS Ordinance shall be
construed to uphold ItS validity und~r the laws of
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SECTION 17. Supplemental and ~ddItIonal Powers. ThIs
OrdInance shall be deemed to provIde a complete} addItIonal,
and alternatlve method for dOIng the thIngs authorIzed hereby,
and shall be regarded as supplemental and addItional to the
powers conferred by other laws.
SECTION 18. ActIons to DetermIne ValIdity of Bonds and
Proceedlnas. An actIon may be brought pursuant to Chapter 9
(commencIng WIth SectIon 860 of TItle 10 of Part 2 of the Code
of CIVIl Procedure) to net~rmln~ the validity of Bonds and the
legalIty and valIdIty of all proceedings prevIously taken and
proposed to be taken for the authorIzatIon} Issuance, sale,
and delIvery of the Bonds and for the payment of the prinCIpal
thereof and Interest thereon.
SECTION 19.
Amendment of Ordinance.
ThIS Ordinance
shall not be amended so as to have a material adverse effect
upon the rights of the holders of any outstanding Bonds
theretofore Issued hereunder, or the rights of PartICIpatIng
Partl~s WIth respect to whom ProJects have theretofore been
fInanced hereunder} WIthout the wrItten consent of such
Bondholders and PartICIpatIng PartIes; prOVided, however, that
this OrdInance may be amended at any tIme (a) to make such
prOVISions for the purpose of curIng any ambIgUIty, or of
curIng, correctIng} or supplementIng any defectIve prOVIsion
hereIn contaIned} as the CIty may deem necessary or deSIrable;
or (b) If such amendment does not materIally Impair or
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adversely affect the Interests of any such Bondholder or
PartIcIpating Party; or (c) If such amendment applIes solely
to Bonds not theretofore Issued hereunder or PartIcipatIng
PartIes wIth respect to whom ProJects have not theretofore
been fInanced hereunder.
SECTION 20.
Referendum PerIod.
ThIS OrdInance is
subject to the prOVIsIons for referendum prescribed by SectIon
54242 of the Government Code of the State of California and
SectIons 4050 and 4061 of the ElectIons Code of the State of
CalIfornIa) as Incorporated In Section 1404 of the CIty
Charter) and subject to the foregoIng thIS OrdInance shall
take effect and be in force thIrty (30) days from the date of
Its adoptIon.
SECTION 21. ReDeal of InconsIstencIes. Any prOVIsIon
of the Santa Monica MunICIpal Code or appendices thereto
InconsIstent WIth the prOVIsIons of thIS OrdInance, to the
extent of such inconsIstencIes and no further, are hereby
rep~al~d or modIfIed to that extent necessary to effect the
prOVIsIons of thIS OrdInance.
SECTION 22. PartIal InvalIdity. If any sectIon)
paragraph, sentence) clause, or phrase of thIS Ordinance shall
for any reason be held Illegal or unenforceable) such holdIng
shall not affect the valIdIty of the remalning portIons of
thlS OrdInance. The CIty Council hereby declares that It
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would have adopted thIS OrdInance and each and every other
sectIon, paragraph, sent~nc~, clause, or phrase not declared
InvalId or unconstItutIonal wIthout regard to whether any
portIon of this OrdInancp would he subsequently declared
InvalId or unconstItutIonal.
SECTION 23.
The Mayor shall SIgn and the City Clerk
shall attest to the passage of thIS Ordinance. The CIty Clerk
shall cause the same to be published once In the offIcial
newspaper WIthIn 15 days after ItS adoptIn. ThIS OrdInance
shall become effective 30 days from its adoptIon.
APPROVED AS TO FORM:
~~. ~-~?J~~
ROBERT H. MYERS
City Attorney
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Adopted and approved this 1st day of October, 1985.
f' L..~ ~. ,flJ-
/ . Mayor
I hereby certl fy that the foregoIng Ord inance No. 1345 (eCS)
was duly and regularly introduced at a meeting of the City
Council on the 17th day of September 1985; that the said
Ordinance was thereafter duly adopted at a meeting of the Ci ty
CouncIl on the 1st day of October 1985 by the following Council
vote:
Ayes: Councilmembers:
Conn, Jennings, Epstein, Zane and
Mayor Reed
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent:
Councilmembers:
Katz
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