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HomeMy WebLinkAbout2615 RESOLUTION NO. 2615 A RESOLUTION OF THE CITY COUNCIL OF' THE CITY. OF ARCADIA, CALIFORNIA, DECLARING ITS OPPOSITION TO ASSEMBLY BILL NO. 1401 WHEREAS, Assembly Bill No. 1401 was introduced at the current session of the California State Leglslature by Assemblyman Ernest R. Geddes; and WHEREAS, Assembly Bill No. 1401 as lntroduced proposes to amend the California Health and Safety Code by adding thereto Sec- tion 4764.5 to provide in etfect that a County Sanitatlon District may issue temporary negotlable notes which shall be general obliga- tlons of the dlstrict payable trom revenues and taxes in the same manner as bonds ot the district and provides a maximum amount of such notes; and WHEREAS, it ls presently proposed that said Assembly Bill No. 1401 be amended to provide that such temporary negotlable notes shall be payable solely from taxes in the same manner as bonds of the district and to llrn1t the maximum amount ot said notes to one per cent (1%) of the assessed valuation of the taxable real property in the district or Five hundred thousand dollars ($500,000.00), whichever sum is less; and WHEREAS, such power to issue temporary negotlable notes is undemocratic in that such notes constitute general obllgatlons of the district payable in the same manner as bonds of the dlstrict, but may be issued without the vote ot the people whose property will be affected thereby; NOW, THEREFORE, the City Council of the City of Arcadia does determine and resolve as follows: SECTION 1. That Assembly Bill No. 1401, as introduced in the present session ot the California State Legislature and as pro- posed to be amended, is undemocratic and violates the spirlt ot Sec- tion 18 of Article XI ot the California Constitution, though not the letter thereof; that the City Council of the City of Arcadia, as the - 1 - d-'<~ "'~ 2615 representatives ot the inhabitants of said City, are opposed in princlple to Assembly Bill No. 1401, either as introduced or as presently proposed to be amended, and tor the further reason that such a proposal is undemocratic, is vio1atlve of the spirit of the Calitornia Constitution and would vest in a district board of dlrectors power to issue negot~ab1e notes constituting general obll- gations ot the district without any eftective means ot control being afforded the taxpayers of the district directly aftected by such obligations; that a board of directors of a County Sanitation Dis- trict which is so far removed from the direct control ot the electorate should not be given such broad powers of imposing gen- eral obligations upon district property. SECTION 2. The City Council ot the City of Arcadia does hereby urge the defeat of Assembly Bill No. 1401, either in its present form or as the same is presently proposed to be amended, or in any form which would grant 'the County 'Sanitation Board of Directors power to issue negotiable notes constituting general ob- ligations of the district without the vote of the electorate aftected thereby. SECTION 3. That the City Council of the City of Arcadia urges not only the defeat of Assembly Bill No. 1401 but further urges that the Californla State Legislature take action which will lead to the amendment of Section 18 of Article XI ot the Ca11fornia State Const1tutlon to make the provisions thereof applicable to all govern- mental agencies including County Sanltation Districts. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall cause copies thereof to be sent to Honorable Ernest R. Geddes, Honorable Frank Lanterman, and other members of the State Assembly and Senate. - 2 - 2615 I HEREBY CERTIFY that the foregolng Resolution was adopted at a regular meeting of the City Council of the City ot Arcadia. held on the 5th day of April, 1955. by the atfirmative vote of at least three Councilmen. to-wit: AYES: Councilman Camphouse, Dennis, Dow, Hulse and Phillips NOES: None ABSENT: None ,~~~~ 'lIlPunci y er of the y of Arcadia SIGNED AND APPROVED this 5th day of April~ 1955. .02~ ATTEST: ?~t~ IJDlUnClty Clerk - 3 - 2615