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SR-203-001 (4) . .. I . 2--CYC/?J/ . CA ~ RMM: LmoO'} ib C1ty CounC1 I Mpet1ng 10-1-H~ SAnta MonIca] Calltornl8 S'l'A to to' REPOR'f ?-B OCT 1 1985 'Po: , ;\ ,\ /~};?'\ . V,>tl / MFlyor and C1 ty Coune1 1 V ~ . ('I V-1....... . c...J 4' i~ \ II F-' ~!" 1/ _ :--rt U -r \ JiY C1 ty Attornf"Y ~ A 1',,\ ..w, ,Ii (ytv I -. rAil ' 0- f, Orrtlnancp Sppc1fY1ng the Powprs and Pror.pourec; ,i 1'-'....... tor thp I<:;'311anCe of Rpvenue Bond"! for thp Purpo<:;e'--:>(7/l It-V' ofF 1 n R n C 1 n 9 F n c 1 lIt 1 p <:; 1 nth pel t y 0 f San t a '--.' ,..{Yl . Mon1.ca by Part1c1patlng PartlP<; and Includ1ng ~.I..,V/Y DefInItIons, C;pner<'ll ProV1S1ons, Powers, lYi'V1J I [S'3uance Procpdllre~ and Certaln Supplpmpnt<'ll ~ PrOVlSlCInS '._j;:v b./ /~ FROM: Sll H.l EC'f : At 17, lq8~J thp CIty Councl! 1t<; mpetlng on Spptemher 1 n t rocl\l ,pd rpadIng an ordInance spec1ty'nq the for tIr"lt powpr<; <'Ind procpdure<:; for thp l"l<;uanr.e ot rpvpnue hond" for the purpose ot In thp C1ty of Santd fInancIng tar1l1t1es MonIca hy part1clpat1ng partle,,; WhICh Includps defInItIon", genpral proVl",on<;, powprSJ lc;c;uancp procprturf"c;, ;'!nrt certaIn '3upplpmf"ntal The orolnancp 1<; now prpc;pntpd to proV1<;lon~. the Clty CounCIl tor adoptlon RECOMMI':NDA1' JON It respectfully rpcommpnopo thRt thp accompanY1ng 1'5 or01nancp he <'Ioopteo. PREPAR Em BY: Rohprt M Myprs] CIty Attorney 1.1nda A. Moxon, Df"puty Clty Attorn€'y <6-B OCT 1 1985 .... ., . . Agenda Item If BEFORE DIS~~IBUTION ~HECK CONTENT OF ALL DISTRIBUTION OF RESOLUTION # /c:?/; /?S-- j-6 f/d 5--0 FO~ CITYC~ERK'S ACTION ORDINANCE It / '5 Ys- 9//-7/rJ Adopted~ /~~ ;I~~~ AU"JAYS PUBLISH AI::OPTEr5 ORDINANCES* *Cross out Attorney I 5 approval Introduced: J Council Meetlng Date Was it amended? VOTE: Affirmative~ NegatIve: Abstain: Absent: ~ -- 4 PROOF votEC: lVITH ANOTHER.' PERS T BEFORE MNTHING IJJ:S1Klnul10i-J: VK.1Gir.iAL 1:0 b signed) sealed and filed lU Vault. NEWSPAPER PUBLICATION (Date~ , ) ) Department origInating steff report ( Management Ser~~~e~ Lynne BarT~tte -urainances only Agency mentioned in document or staff report 11 ... (cert I fied?) Subject file (agenda packet) 1 Counter file 1 Others: Airport Parking Auth. Audltorum Personnel Building Dept. Planning Environ. Servo Finance Police (en- forcement?) Fire Purchasing Recr /Parks, . General Servo LIbrary Transportation Treasurer Manager SEND FOU~ COPIES OF ALL ORDINANCES TO: CODfD SYSTEMS, Attn Peter Macfearie 120 Ma~n ~tr~et - J AV0~r N~w Jersey"017~7 SEND FOUR COPIES OF ALL ORDTNANC.F.S TO: PRESIDING JUDGE . - SANTA MONICA MUNICfPAL COURT ~72S MAIN STREET SANTA MONICA) CA 90401 *Check Code Sect~ons before sendmg. TOTAL COPIES / ;5--' I. . ,..- 'f"' . . CA:RMM:lmo053 CIty CouncIl MeetIng 10-1-85 Santa MonIca] CalIfornIa ORDINANCE NUMBF.R 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 DetermInatIons. The CIty CouncIl of the CIty 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 faCIlItIes avaIlable to the reSIdents of the CIty WIthout cost to the CIty or to any other publIC agency. (b) PermIttIng the CIty to aSSIst In the fInancIng of the and eXpanSIon and acqUIsItIon constructIon or modernIzatIon of such faCIlItIes servps the publIC Interest of the CIty by enablIng the CIty to Induce manufacturIng, Industrial] and commprclal enterprIses to locate In the CIty, thereby promotIng commerce and Industry 1n the CltYi and 1 .~. e . ensurIng that certaIn facIlItIes are avaIlable to the publIC and are acquired and constructed or expanded, enlarg~d or modernIzed In a manner conSIstent With such publIC 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 Interest. SECTION 2. DefInItIons. Unless the context otherwise requires, the folloWIng words or phrases used In thIS ordInance shall have the folloWIng meanIngs: ( a ) AcqUISItIon (and ItS varIants}. AcqUISItIon, constructIon, Improvement, furnIshIng, eqUIpping, remodelIng, repaIr, rpconstructIon, or rehabilitatIon. (b) AdmInIstratIve Expenses. 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, Includlng~ WIthout lImItatlon, comp~nsatlon to CIty agents} employees and staff, fees and expenses of paYIng agents, trustees, bond counsel, and fInanCIng consultant~, and costs of prlntlng and advertIsIng. 2 . ~ e . (c) Honel s . Any bonds, notes, InterIm cprtIflcates, debentures, or other oblIgatIons Issued by the CIty pursuant to thIS OrnInance, WhICh are payable exclUSIvely from Revenues and other funds permItted by thIS OrdInance (d) CIty. The CIty of Santa MonIca, CalIfornIa, a munIcIpal corporatIon eXIstIng under and exerCISIng powers pursuant to the CIty Charter and the ConstItutIon of the State. (e) CIty Charter. The charter of the CIty, as amended from tIme to tIme. (f} CIty CounCIl. The CIty CounCIl of the CIty. (9) 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, whE'ther real or personal, Imoroved . or unImproved, IncludIng franchIse rIghts and other IntangIble property and any Interests thereIn, reqUIred for the acqUISItIon of the ProJect. ( 3 ) 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. 3 . ~ e . l5) 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 costs Incurred In connectIon With proceedIngs by the PartICIpatIng Party necessary to comply WIth the CalIfornIa EnVIronmental QualIty Act of 1970, as amended. 17) All amounts requIred to fund any reserve funds for Bonds and any Interpst on Bonns becomIng dup and payable durIng a perIod not exceedIng the perIod of acqUISItIon of the ProJect and 12 months thereafter. (8) All admInIstratIve expenses. 19) 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 securpd by an Interest In any real propprty comprIsIng any portIon of the ProJect, so long as and to the extent that such refInancIng does not cause Interest on the Bonds to beCOffiP taxable under SectIon 103 of the Internal Revenue Code of 1954, as ampnded. r 11 ) Any sums requIred to reImburse the PartICIpatIng Party for advances made for any of thp abovp 4 e e Items or for any other cost~ lncurrpd and for work done WhICh are properly chargeable to the ProJect, provIded that reImbursement of such advances dop.s not. cause the Intprest on the Bonds to become sUbJect to federal Income taxatIon. ( h J FInance (and ItS varlants~. The l@ndlna of monIes ... or any oth@r 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 aS~lstlng the payment of any or all of the Costs of a ProJect pursuant to thIS OrdInance. r I ) PartICIpatIng Party. Any person, corporatIon, partnershIp, fIrm, or other entIty or group of entItles reqUIrIng fInanCIng for the acqUISItIon of a ProJect pursuant to thIS OrdInance ( J 1 ProJect. 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, a~ amended from tIme to tIme In accordance WIth SectIon 19 hereof. 5 .. e . ( 1 1 ProJect, Interest, Revenues WIth respect to the fInanCIng of a all amounts receIved as repayment of prIncIpal, and all other charge~ 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 Investment of such Income or RE'venue~, In~ludlng monlPS 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 avallable therefor. (m) State. The State of CalIfornIa. SECTION 3. POwer"3. The CIty IS authorIzed and empowered: r a J To determIne the locatIon and character of any ProJ~ct to bE' fInanced under the prOVISIons of thiS OrdInance. r b) To Issue Bonds for the purpose of fInanCIng or otherWIse aSSIstIng In th~ acqUISItIon of ProJects by PartICIpatIng PartIes under thIS OrdInance, and for the purpose of refundIng any Bonds prevIously Issued hereunder. (c) To fIX fees, charges, and Interest rates for the fInanCIng of any ProJect, and to reVIse such feps, charges] and Interest rates from tIme to tIme, and to collect Interest and prInCIpal on any loan made to a Partlclpatlng Party together WIth such fees and charges Incurred 1n such 6 ~ e . finanCIng, and to contract with any person, partnershIp, aSSOCIation, corporation, or puh11c agency With rpspect thereto. (d) To hold deeds of trust as securIty for finanCing any proJPct and to pledge the same as securIty for repayment of Bonds Issued therefor. (e) To establIsh the terms and condItIons ot the fInancIna ... of any Project undertaken pursuant to thIS Ordinance. ( f ) To reqUire that the full amount owed on any loan tor the finanCIng of a Project pursuant to thIS OrdInance shall be due and payable upon sale or other transfer of ownerShIp of such ProJect. I g) To acqUIre, by deed, purchase, lease, contract, gIft, deVIse, or otherWIse, any real or personal property) structures, rights, rIghts-at-way, franchIses, easements, mortgages, and other Interests 1n property located WIthIn the State necessary or convenIent for the fInanCIng or acqUISItIon of a proJE"ct, upon such terms and condltlon~ as It deems adVIsable, and to lease, sell, or dIspo~e 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 7 e e ProJect. The CIty mny pay the r~asonable 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. ( I ) 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 OrdInanc~. 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 Manaaer or '5uch ... other offIcer or employee all Informatlnn requlrpd to evaluate the fInanCIal relIabIlIty and stabIlIty of the PartICIpatIng Party and the feaSIbilIty of the propo5~d ProJect, Including an estimate of the maXImum amount of fInanCing to be reqUIred, a descrIptIon or It~mlzatlon of the Costs of thp proposed ProJect, and a written agreement to pay all AdmInistratIve Expenses for the propospd ProJect. SECTION 5. Acceptance of ApplicatIons. Upon receIpt of an application containIng all reqUired InformatIon) agreement, H , e e and undertaklng~, the City Council shall at such tIme as It de~ms convenIent review such application ann any staff recommendations with respect thereto. If the City Council chooses to approve any ~ppllcatlon 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 OrdInanc~ and the conclusion of all proceedings undertaken to consummate such fln~nclng to the sRtlsfactlon of thp City. The provISions of this Section 5 shall not apply to any finanCIng approvpd hy resolution of the City Councilor the Redevelopment Agency of the City of Santa MonIca adopted prIor to the nate of adoption of thiS Ordloancp. SECTION 6. Authorization of Bond~. The CIty may Issue Its Bonds for the purpo~e of financing or otherWIse a~slstIng In the acquIsition of ProJects authorlzpd by thlq Ordlnance. 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. Isquance of Bonds. The Bonds may be Issued as serial Bonds or as term Bonds, or the City CounCIl, In Its dlscretlon, may Issue Bond~ 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, bpar 9 ~ e e 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 prIvIle~es, be executed In such manner, be payable In lawful money of the UnIted States of Am~rIca, at such places or plac~s, 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 temporary Bonds. may Issue InterIm receIpts, certIfIcate~, or Bonds, WhICh shall be exchanged for such definItIve 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 ~nd condItIons, WhICh shall be a part of the contract WIth the holders of the Bonds: fal The pledge of all or any part of the Revenues} SUbJect to such 89rpempnts WIth Bondholder~ 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 dlSposltlon of the Revenues. Ie) The settlng aqIde of reserves or sInklng 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 lssued} 10 ~ e e may be applIed, and pledgIng such proceeds to secure the payment of the Bonds or any Issue of Bonds. rel LImItatIons on the Issuance of addItIonal Bonds, the terms upon WhICh addItIonal Bonrt~ 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 holders of Its oblIgatIons, In the dutIes of the CIty to and prOVIdIng thp rI9ht~ and remedIes of such holders In the event of default. (hl The mortgagIng of land, Improvements) or other assets owned by a PartICIpatIng Party for the purpose of securIng payment of the Bonds. (11 Such other terms and condItIons pertaInIng to the Issuance of CounCIl. the Bonds as are deemed adVIsable by the CIty SECTION 9. Trust Agreement. In the dIscretIon of the CIty CounCIl, any Bonds Issued under the prOVISIons of thIS OrdInance mAY be secured by a trust agreement or Indenture by and between the CIty and a corporate trustee or trustees, whIch may he any trust company or hank haVIng the powers of a trust company WIthIn or WIthout the State. Such trust agreement or the Indenture may pledge or aSSIgn the Revenues 11 .. e e to be recelvp-d or proceen~ of any contract or contracts pledgedJ and may conveyor mortgage any property. Such trust agreempnt or Indenture may contaIn ~uch prOVl~lons for protectIng and enforCIng the rIghts and remedies of the Bondholdprs as may be reasonablp and proper and not In vIolatIon of law, Including such provISIons as are permItted to be Includpd In any resolutIon or resolutIons of the CIty CounCIl authorIZIng the Issuance of Bonds hereunder. Any such trust aareement ... or inc'lenture mav set forth 4 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 foregolngJ 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 LIablllty. NeIther the members of the CIty CounCil nor any person executIng the Bonds shall be lIahle pprsonally on the Bonds or be sUbJPct to any personal lIabIlIty or accountabIlIty by reason of the Issuance thereof. SECTION 11. Refunc'llng 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 prlnclpal thereof and Interest and redemption premIums, If any) thereon. The proceeds of Bonds Issued to refund any outstandIng Bonds may} In the 12 .. e e discretIon of the CIty CounCIlJ he applIed to the retIrement of such outstanding Bonds at maturItYJ or the redemptIon (on any redemptIon date) or purch~s~ of such outstandIng Bonds prIor to maturItYJ upon such terms and SUbJect to such condItIons as the CIty CouncIl shall deem adVIsable. SECTION 12. Repayment of Bonds. Revenues shall be the sole source of funds pledged by the CIty for repayment of Bonds Issued hereunder. Bonns Issued hereunder shall not be deemed to constItute a debt or lIabIlIty of and credIt of the CIty the City or a but shall be pledge payable ProJect. of the faIth solely from All Bonds Revenues ariSIng from the particular shall contaIn on the face thereof a statement to the follOWIng effect: NEITHF.R THE FAITH AND TAXING POWER OF THE MONICA IS PLEDGED TO THE PRINCIPAL OF OR THIS BOND. The Issuance of Bonds shall not dIrectlYJ IndIrectlYJ or contIngently oblIgate the CIty CounCIl to levy or pledge any form of taxatIon or to make any approprIatIon for theIr CREDJT NOR THE CITY OF SANTA THE PAYMENT OF ANY INTEREST ON payment. SECTION 13. AuthorIty to ASSIst ProJects. The CIty may prOVIde fInanCing to any PartICipating Party for, or otherWise assist the acquIsItIon ofJ duly approved ProJects pursuant to 13 . .. e e this Ordinance. At the dIscretion of the City Council, the fInancIal a~sIstance provIded hereunder may take any form deemed advIsable for the succp-~sful financing of the ProJect, IncludIng Without limitation a loan, lease, or Installment sale. SECTION 14. FinancIng Aoreements. The CIty may enter Party With respect to Into agreements With any Pa.rtlcIpating the finanCing of a ProJect, whIch rtgreem~nts may prOVide that the architectural and engIneerIng deSign of the ProJect shall be sUbJect to such standards, rpvIPws, and approvals as may be establIshed by the City and that the acquIsitIon of the ProJect shall be sUbJect to such supprvlslon as the CIty deems necessary. The terms and condItIon~ of such agreements may be as mutually agrepd upon, but shall not bp Incon~lstent WIth the prOVIsions of thiS OrdInance. Any such agreement may prOVIne the means or methods hy WhICh any mortgage tak~n by the City shall be dIscharged, and It may contaIn a covenant by the PartICipatIng Party to compl~te the ProJect whether or not Bond proceeds are suffICIent therefor, and such other terms and conditIons as the City m~y reqUIre. The CIty 15 authorIzed to fiX, reVIse, charge) and collect Interest and prInCIpal, and all othp-r rates, fees, rents, Installment purchase payments, and charges WIth respect to the fInanCIng of a ProJect. Such rates, fees, rents, Installment purchase payments, charges, and Interest shall be fIxed and adJusted so that the aggregate thereof will prOVIde funds suffiCIent WIth 14 .. " e e other revenues and monIes whlrh It IS antIcIpated WIll be avaIlable therefor, If any, to do all of the follOWIng: (a) Pay the prIncIpal of and Intere~t on outstandIng Bonds Issued to fInance such ProJect, as the same shall become due and payahle. (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 he pledged to, and charged WIth, the payment of the prInCIpal of and Interest on such Bonds as the same shall hecome due} and the redemptIon prIce or the purchase prIce of Bonds retIred by call or purchase as thereIn prOVIded. Such pledge shall he valId and bIndIn~ from the tIme the pledge IS made. The rates} fees} Interest, and other charges, revenues, or monIes so pledgf>d 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 whethpr such partlPs have notIce thereof. NeIther thp resolutIon, pledge IS the trust Indenture nor any agreement by whIch a creatpd ne~d he fIlpd 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 15 . .. T . e e to the provIsIons of the resolutIon or trust agreempnt authorIzIng the Issuance of such Bonds. (c) P~y AdmInIstratIve Expenses to the extent not paId from Bond proceeds. SECTION 15. Trust Fundo;; All monIes receIved pursuant to the provIslons of thIS OrdInance, whether proceeds from the sale of Bonds or Revpnue~, ~hall he deemed to be trust funds to be held and applIed solely for the purposes of thls OrdInance. Any bank or trust company In WhICh such monIes are deposIted shall act as trustee of such monIes and shall hold and apply the same for thp purposps sOPclfIed . In thIS OrdInance, SUbJect to the terms of the resolutIon or trust agreement authorIzIng the Bonds. SECTION 16. LIberal ConstrllctIon. ThIS OrdInance, beIng necessary for the health, welfare, and safety of the CIty and Its rpsldent~, shall be lIberally construed to effect Its purposes. Furthermore, the CIty CouncIl hereby declares that thIS OrdInance IS an exercIse of the power granted to the Clty by the Clty Charter and the ConstitutIon of the State and IS an exercise by the City of Its powers as to munICIpal affaIrs and Its polIce powers, and thIS OrdInance shall be lIberally construed to uphold Its valldIty undpr the laws of the State. 16 , ~. > ' e e SECTION 17. Supplemental and AddItIon~l Powprs. ThIS OrdInance shall be deem~d to provIde a complete, addItIonal, and alternative method for dOIng the thIngs authorIzed hereby, and shall be regarded as supplpmpntal powers conferred by other laws. and addItIonal to the SECTION 18. ActIons to DetermIne ValIdIty of Bonds and proceedIngs. An actIon may be brought pursuant to Chapter 9 (commenCIng wIth SectIon 860 of TItle 10 of Part 2 of the Code of CIVIl Procedurp) to netprmIne the valIdIty of Bonds and the legalIty and validity of all proceedIngs preVIously taken and proposed to he taken for the authorIzatIon, Issuance, sale, and delIvery of the Bonds and for the payment of the prInCIpal thpreof and Interest therpon. SECTION 19. ThIS OrdInance Amendment of OrdInan~~. 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 PartIE'S WIth respect to whom ProJPcts have thpretofore bepn fInanced hereunder, WIthout the wrItten consent of such Bondholders and PartICIpatIng PartlPSj prOVIded, however, that thIS OrdInance may be amended at any tIme (aJ to make such prOVISIons for the purpose of curIng any amhIguIty) or of curIng, correctIng, or supplementIng any defectIve provlslon hereIn contalnpd, as the Clty may deem necessary or de~lrable; or (b) If such amendment does not materlally ImpaIr or 17 ,>" .; e e adversely affect the lntere~ts of any such Bondholder or ParticIpatIng Party; nr (c) If such amendment applIes solely to Bonds not theretofore Issued hereunder or PartIcIpating Partlps WIth respect to whom ProJects have nnt theretofore been financed hereunder. SECTION 20 Referpndum 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 Btnte of CalifornIa, as Incorporated In SectIon 1404 of the City Charter, and subJect to the foregoIng thiS Ordlnancp Rhall take effect and be In force thirty (30) days from the date of Its adoptIon. SECTION 21. Reneal 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 repealed or modIfIed to that extent neces~ary to effect the prOVISions of thIS OrdInance. SECTION Partial InvalIdity. If any section) 22. paragraph, spntence) clause, or phrase of thIS OrdInance shall for any reason be held Illegal or unenforceable, such holding shall not affect the valIdIty of the remainlng portIons of thiS Ordlnance. The CIty Councll hereby declares that It 18 . ... , , e e would have adopted thIS OrdInance and each and every other sectIon] paragraph] sentence] clilllsP, or phrase not declared invalId or unconstItutIonal WIthout regard to whether any portIon of thIS OrdInanrp would be subsequently declared invalid or unconstItutIonal. SECTION 23. The Mayor shall SIgn and thp CIty Clerk shall attest to the passage of thIS OrdInance. The CIty Clerk shall cause the same to be PUblIShed oncp In the offICIal newspaper WIthIn 15 day~ after Its adopt In. ThIS OrdInance shall become effectIve 10 days from Its adoptIon. APPROVED AS TO FORM: ~ ~. "'-~7J~~ - ROBERT M. MYERS CIty Attorney 19 ~~ . ....-" , . . Adopted and approved this 1st day of October, 1985. f'L~ i.~ I - Mayor I hereby certI fy that the foregoIng Ordinance 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: Councllmembers: Conn, Jennings, EpsteIn, Zane and Mayor Reed Noes: Councllmembers: None AbstaIn: Councllmembers: None Absent: Councllmembers: Katz ATTEST: CLv /?7 4f-(l~~ CIty Clerk