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O1562 e e CA:RMM:jld534/hpca/pc city council Meeting 1-22-91 Santa Monica, California ORDINANCE NUMBER 1562 {CCS} (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.5 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO REVENUE BONDS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.5 of the Santa Monica Municipal Code is amended to read as follows: Chapter 6.5 - REVENUE BONDS SECTION 2650. Purposes. The City council, exercising the powers reserved to the City under Sections 6 and 8 of Article XI of the Consti tution of the state of California and Section 400 of the city Charter of the City of Santa Monica may, when the public interest and necessity require, by resolution or resolutions, issue revenue bonds for funds to acquire, construct, improve or finance any enterprise as defined in - 1 - e e Section 54309 of the California Government Code. SECTION 2651. Procedure. (a) Except as otherwise provided for in this Chapter, revenue bonds shall be issued in accordance with the procedures of the Revenue Bond Law of 1941 (Chapter 6 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with section 54300), in effect on January 2, 1991, the provisions of which are incorporated into this Chapter. Copies of the Revenue Bond Law of 1941 (as in effect on January 2, 1991), are filed for convenience in the office of the City Clerk. (b) The provisions of the Revenue Bond Law of 1941 set forth in Sections 54380 through 54388, inclusive, in Section 54303, in Section 54311, in Section 54354.5, in the second sentence of subsection (b) of Section 54402, in Section 54404, in the second sentence of Section 54418, in Section 54422, in Section 54424, in Section 54515, in section 54521, in Section 54522, and in the last sentence of Section 54661, and - 2 - e e any other provisions of the Revenue Bond Law of 1941 that are inconsistent with or conflict with the city Charter shall not apply to the issuance and sale of such revenue bonds. SECTION 2652. santa Monica Provisions. The ci ty of Santa Monica revises, amends, and supplements the provisions of the Revenue Bond Law of 1941 as follows: (a) "Fiscal agent" as used in this Chapter shall mean any fiscal agent, trustee, paying agent, depository or other fiduciary provided for in the resolution authorizing the issuance of the revenue bonds. (b) "Resolution" as used in this Chapter shall mean, unless the context otherwise requires, the instrument providing the terms and conditions for the issuance of the revenue bonds, and may be an - 3 - e e indenture ordinance, or other writing. (c) Credit Enhancement Agreements. In connection with, or incidental to, the sale and resolution, order, agreement, instrument in issuance of the revenue bonds, the City may enter into such credit enhancement or liquidity agreements, with such payment, interest rate, security, default, remedy, and other terms and conditions as the City Council shall determine are in the public interest. SECTION 2653. Name. shall be known as the Revenue Bond Act. This Chapter Santa Monica SECTION 2654. construction. The powers conferred by the provisions of this Chapter are in addition and supplemental to the powers conferred by the City Charter, or any other ordinance or law. - 4 - e e SECTION 2. 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 repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the rema ining portions of this Ordinance. The city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. 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 pub 1 ished once in the off icial newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~"-~ ROBERT M. MYERS . City Attorney ......... - 5 - e e Adopted and approved this 22nd day of January, 1991. 4Ma:~ I hereby certify that the foregoing ordinance No. 1562 (CCS) was duly and regularly introduced at a meeting of the City Council on the 8th day of January 1991~ that the said ordinance was thereafter duly adopted at a meeting of the City council on the 22nd day of January 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen Vazquez, Zane, Mayor Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ~i~f~ --- .......... C'i ty- Clerk/-