Resolution No. 85-77 CITY OF TIGARD, OREGON
RESOLUTION NO. 85-77
A RESOLUTION APPROVING AND REFERRING CERTAIN AMENDMENTS TO THE CHARTER OF
TIGARD TO THE QUALIFIED VOTERS OF THE CITY OF TIGARD FOR THEIR APPROVAL OR
REJECTION AT AN ELECTION TO HELD AT THE SAME TIME AND PLACES AS THE NOVEMBER
5, 1985 STATEWIDE ELECTION; CALLING THAT ELECTION; AND DIRECTING THE CITY
RECORDER TO DO ALL ACTS NECESSARY AND CONVENIENT TO CARRY OUT SUCH ELECTION.
WHEREAS, this matter came before the Tigard City Council at its September 30,
1985 meeting. The Council and its staff have reviewed the Tigard City
Charter, originally adopted by the voters of Tigard on November 6, 1962, and
as amended, and Find that the Charter is in need of periodic revision to
improve the government of Tigard and to meet the needs of its citizens. At
its meeting of September 16, 1985, the Council reviewed the Charter and
authorized its staff to prepare amendments, which are now before the Council
for Final action.
WHEREAS, the Council is of the view what the proposed amendments would improve
the effectiveness of the Charter and should be voted upon by the qualified
voters of the City at the November 5, 1985 Election.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The eight proposed Charter amendments, attarhed hereto as Exhibit
"A," and by this reference made a part hereof be, and the same hereby are,
approved by this Council and referred to the qualified voters of the City of
Tigard for their approval or rejection at the November 5, 1985 Election and
that the propositions set forth in Exhibit "A" shall be on file at the office
of the City Recorder for public inspection.
Section 2: A special, election is hereby called to be held in the City of
Tigard on November 5, 1985, between the hours of 8:00 a.m. and 8:00 p.m.,
Pacific Daylight Savings Time at the polling places de ri_,nated in Exhibit "B,"
attached hereto and by this reference made a part hereof, .,.nd being the same
place designated for the holding of the statewide election, for the purpose of
submitting tc the qualified voters of the City of Tigard the eight amendments
set forth in Exhibit "A" for their approval. or rejection.
Section 3: The ballot titles, questions and explanations, all as set forth in
Exhibit "C," attached hereto and by this reference made a part hereof, be, and
the same hereby are, approved with respect to each measure, for which purpose
the ballot titles, number and form in which the question shall be printed upon
the official ballot are thereby prescribed.
Section 4: The City Recorder is hereby authorized and directed to certify in
the manner provided by law to the Elections Officer of Washington County,
Oregon, the foregoing measures for inclusion as a part of the regular ballots
to be prepared by such Officer for voting at all precincts within the City of
Tigard, as set forth in Exhibit "B," at the afcresaid special election in
conjunction with the November 5, 1985 Election.
RESOLUTION NO. 35-77
Page 1
Section 5: The Cit; Recorder shall conduct the aforesaid special election in
conjunction with tht Elections Officer of Washington County, in accordance
with the election laws of the State of Oregon.
Section 6: The City Recorder be, and she hereby is, authorized and directed
to undertiAke all. necessary and convenient acts to facilitate the inclusion of
these measure on the November 5, 1985 Election ballot for the approval or
rejection of the qualified voters of the City of Tigard and is further
authorized and directed to give notice of the above described election and
proposals in the Following manner:
(a) By posting notices of the election in a public pl-_�e, exposed to
public view:
1. One at each of the designated pollinc places and within each
precinct in a public place; and
2. In the City Hall in a conspicuous place,
no less than fifteen (15) days prior to the date of the election; and also,
(b) by publishing in the Tigard Times once each week for two consecutive
weeks, Lhe first such publication to be not less than ten (10) days prior- to
the date of the aforesaid Election. The form of such notice shall be
substantially as set forth in Exhibit "D," attached hereto and by this
reference made a part hereof. The City Recorder shall cause to have filed
affidavits of such posting and publication.
PASSED: This GTS day of —�f� b _ 1485.
=aymc – City of Ti and
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ATTEST:
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Deputy City Recorder – City of Tinard
LW/3248A
RESOLUTION NO. 85-77
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EXHIBIT "A"
PROPOSED AMENDMENTS TO THE CHARTER OF
TIGARD, OREGON
REFERRED TO THE QUALIFIED VOTERS OF TIGARD
BY THE TIGARD CITY COUNCIL TO BE VOTED UPON
AT THE NOVEMBER 5, 1985 ELECTION
NOTE — Material in brackets [ ] would be deleted from the Tigard City Charter
if the measure were approved and material underlined would be added if
such measure were approved.
Measure Mc,. 51.
Section 7 of the Tigard City Charter is amended to read:
Section 7. MAYOR AND COUNCIL. The elective officers of the city shall. be a
mayor and four councilors who together shall constitute the City Council.
Except for mayor and councilors holding office on the effective date of the
1982 Charter Amendment, and holding office continuously since, [neither the
mayor nor any cruncilor shall serve the city in such position for a period of
eight consecutive years, except for the filling of an unexpired terra, and
except that any councilor may serve as mayor notwithstanding eight years
service as councilor.] The mayor shall be elected at each general election
and hold office for a period of two years. No councilor shall serve the city
as councilor for more than eight consecutive years nor shall the mayor serve
as mayor for more than four consecutive years_ . In no case shall any person
serve on the City Council fcr more than 12 consecutive years. These
limitations do not applti to the filling of an unexpired term
No person who is serving as mayor or councilor shall become a candidate for
any city office for a term which would be concurrent with the term in office
then held unless that person first submits a written resignation from the then
current office at the time of filing for the other office. A resignation
submitted for the purpose of satisfying the provisions of this section shall
recite that il, is given for the purpose of permitting its signer to be a
candidate for office. A resignation submitted to satisfy this section shall
not be withdrawn. A resignation shall be adequate for purposes of this
section if it provides for the termination of the signer's service in the
office not later than the last day before service would begin in the office
for which that person seeks to become a candidate.
In the event the office of mayor or councilor becomes vacant before the normal
expiration of its term, a special election shall be held to fill the office
for the unexpired term. Such an election shall be held in accordance with the
election laws of the State of Oregon and city ordinances not inconsistent with
such elections laws.
RESOLUTION NO. 85-77
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Measure No. 52.
Section 10 and Section 22 of the Tigard City Charter are amended to read:
Section 10: OTHER OFFICERS. Additional officer's of the city shall be a
municipal judge, a recorder, a finance officer and such other officers as the
Council deems necessary. Each of these officers shall be appointed and may be
removed by the Mayor with the consent of the Council. The Council may combine
any two or more appointive City offices. The Council may designate any
appointive officers to supervise any other appointive officer except the
municipal judge in exercise of his judicial functions.
Section 22. RECORDER. The recorder shall serve ex officio as clerk of the
Council, attend all its meetings unless excused therefrom by the Council, keep
an ac^urate record of its proceedings in a book provided for that purpose,
[and sign all orders on the treasury] and be the City's elections officer. In
tree recorder's absence from a Council meeting, the Mayor shall appoint a clerk
of the Council pro tem who, while acting in that capacity, shall have all the
authority and duties of the recorder.
Section 22A is added as follows:
Section 22A. FINANCE OFFICER. The finance officer shall be responsible for
the administration of the city's -Fiscal functions and shall sian ail orders an
the treasury.
` Measure No. 53.
Section 13 of the Tigard City Charter is amended to read:
Section 13, MEETIMGS. The council shall. hold a regular meeting at least once
each month in the City at a time and at a place which it designates. It shall
adopt rales for government of its members and proceedings. The Mayor upon his
own motion may, or at the request of three members of the Council. shall, by
giving notice thereof to all members of the Council then in the City, call a
special meeting of the Council [not earlier than three (3) nor later than
seventy—two (72) hours after the notice is given]. In the event of the
physical absence of the Mayor from the City, the Council President shall be
empowered to call special Council meetings in the same manner as the Mayor may
cal] such meetings.
Special meetings of the council may also be held at anytime by the common
consent of all members of the council or by the delivery of a request for a
special meeting, signed by a majority of council members, and delivered to the
city recorder and to remaining council members and the mayor, if they are then
in the city. [In either case, such special meeting shall not be held earlier
ths+n three (3) nor more thanseven+.y—two (72) hours after the notice is
given.] All meetings of -.he City Council shall conform to notice requirements
consistent with state law.
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RESOLUTION NO. 95-77
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Measure No. 54.
Section 19 of the Tigard City Charter is amended to read:
Section 19. VOTE REQUIRED. Except as this charter otherwise provides, the
concurrence of a majority of the members of Council present and voting, when a
quorum of the Council is present, at a Council meeting shall be necessary to
decide any question before the Council.
Measure No. 55.
Section 20 and Section 35 of the Tigard City Charter are amended to read:
Section 20. MAYOR. The Mayor shall appoint the committees provided by the
rules of the Council. The Mayor [He] shall sign a'_1 approved records of
proceedings of the Council and countersign all orders on the treasury. The
Mayor [He] shall have no veto power and shall authenticate by [his] signature
all ordinances passed by the Council [within three days] , ! ter being enacted.
After the Council approves a bond of a City Officer or a 'gond for a license,
contract, or proposal, the Mayor shall authenticate t.ie bond by [his]
endorsement thereon.
Section 35. MODE OF ENACTMENT. (1) Except as paragraph (2) of this Section
provides to the contrary, every ordinance of 'the council shall, before being
put upon its final passage, be ready fully and distinctly once in open council
meeting.
(2) Any reading may be by title only (a) if no council member present at
the meeting requests to have the ordinance read in full or (b) if a copy of
the ordinance is provided for each council member, and three copies are
provided for public inspection in the office of the city recorder not later
than one week before the first reading of the ordinance and notice of their
availability is given forthwith upon the filing, by (i) written notice posted
at the city hall. and two other public places in the City or (ii) advertisement
in a newspaper of general circulation in the City,
(3) An ordinance enacted after being read by title alone may have no
legal effect if it differs substantially from its terms as it was thus filed
prior to such reading, unless each section incorporating such a difference is
read fully and distinctly in open council meeting as finally amended prior• to
being approved by the council.
(4) Upon the final vote on an ordinance, the ayes and nays of the members
shall be taken and recorded in the journal.
(5) Upon the enactment of an ordinance the recorder shall sign it with
the date of its passage and the recorder's [his] name and title of office, and
[within three days thereafter] the mayor shall sign it with the date of
signature, and the name and title of office of the mayor.
RESOLUTION NO. 85--77
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Measure No. 56.
Sections 23 through 27 of the Tigard City Charter- are repealed and replaced
with the following:
Section 23. ELECTIONS. Except as this charter provides _otherwise, and the
Council provides otherwise by order,`the general laws of the State of Oregon
shall apply to City elections,
Measure No. 57.
Section 35 (2) and (3) of the Tigard City Charter are repealed and replaced by
the following:
Section 35
L2)_Any reading may be by title only (a) if no Council member present at
the meeting requests to have the ordinance read in full or (b) if a copy of
the adop':ed ordinance i9 posted in at least three public places within the
city limits before it becomes law.
# 3F # #
Measure No. 58.
Section 41 of the Tigard City Charter is amended to read:
Section hl. DEBT LIMIT. Except by consent of the voters, the City's
voluntary floating indebtedness for general city purposes shall not exceed
[$5,000.00. For purposes of calculating the limitation, however, the legally
authorized debt of the City in existence at the time this charter takes effect
shall not be considered.3 the limits of state law. All city officials and
employees who create or officially approve any indebtedness in excess of this
limitation shall be jointly and severally liable for the excess,
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RESOLUTION N0. 85-77
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EXHIBIT "B"
PRECINCT NO. POLLING PLACE
30 Tigard Community Center - 12645 SW Ash
31 Charles F. Tigard Grade School - 129$?5 SW Grant
32 Charles F. Tigard Grade School - 12985 SW Grant
33 Fowler Junior High School - 10865 SW Walnut
34 Templeton Grade School - 9500 SW Murdock
35 Phil Lewis Grade School - 12615 SW 72nd
40 Twali.ty Junior High School - 14650 SW 97th
41 Summerfield Club House - 11203 SW Summerfield Drive
46 Southwest Bible Church - 12930 SW Scrolls Ferry Road
180 Summerfield Club House - 11203 SW Summerfield Drive
194 Tigard Community Center - 12645 SW Ash
195 USA Durham Facility - 16580 SW 85th Avenue
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RESOLUTION MO. 85-77
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EXHIBIT" "C"
BALLOT MEASURES
MEASURE NO. 51.
LIMITS MAYOR AND COUNCIL TERMS OF OFFICE
SHALL SECTION 7 OF THE CITY CHARTER BE AMENDED TO LIMIT TERMS OF OFFICE
FOR MAYOR AND COUNCIL?
PURPOSE
This measure sets a limit of four consecutive years on the term of office of
mayor and an overall limit of twelve consecutive years for service on the
Council. It also states that resignation From a currently held office must
occur at the time of filing for any other city office. The City Council, upon
advise of the City Attorney, has recommended this measure to clarify existing
language.
Mark a cross (X) or check (,/) inside the voting square to indicate your choice.
YES ( ) I vote in favor of the proposed Charter amendment.
NO ( ) I vote against the proposed Charter amendment.
3f # # #
MEASURE NO. 52.
CITY RECORDER AND FINANCE OFFICER POSITIONS
SHALL THE CHARTER BE AMENDED TO ESTABLISH A FINANCE OFFICER AND SPECIFY
THE DUTIES OF FINANCE OFFICER AND CITY RECORDER?
PURPOSE
Charter Section 10 and 22 mix the duties of finance and records. This
amendment separate and defines the finance officer and city recorder duties as
officers. The City Council, upon advise of the City Attorney, has recommended
this amendment.
Mark a cross (X) or check (0 inside the voting square to indicate your choice.
YES ( ) I vote in favor of the proposed Charter amendment.
NO ( ) I vote againsi: the proposed Charter amendment.
RESOLUTION NO. 85-77
Fage 8
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MEASURE NO. 53.
COUNCIL MEETING NOTICE
SHALL. THE CHARTER DE AMENDED TO ALLOW MEET"ING NOTICE ACCORDING 'TO STATE
LAW?
PURPOSE
Charter Section 12 now states that special Council meetings must be held not
earlier than three hours nor later than 72 hours after notice is given.
Current Charter language is in conflict with State law which requires 24 hours
notice of special meetings, except in case of actual emergency. This
amendment would make the City Charter conform to state law. The City Council,
upon advise of the City Attorney, has recommended this amendment.
Mark a cross (X) or check (v) inside the voting square to indicate your choice.
YES ( ) I vote in favor of the proposed Charter amendment.
NO ( ) I vote against the proposed Charter amendment.
MEASURE NO. 54,
COUNCIL VOTE REQUIREMENTS
SHALL THE CHARTER BE AMENDED TO PROVIDE THAT AN ABSTENTION WILL NOT BE
COUNTED AS A "NO" VOTE?
PURPOSE
Charter Section 19 now states that a majority of members of the Council
present is required to decide any question. Abstentions are counted as "no"
votes. This measure makes clear that a majority of members actually voting is
required and that abstentions are not counted. The City Council, upon advise
of the City Attorney, has recommended this amendment.
j
Mark a cross (K) or check (W/) inside the voting souare to indicate your choice.
YES ( ) I vote in favor of the proposed Charter amendment.
NO ( ) I vote against the proposed Charter amendment.
S�
RESOLUTION NO. 85-77
Page 9
MEASURE NO. 55.
ORDINANCE SIGNING REQUIREMENTS
SHALL SECTIONS 20 AND 35 OF THE CHARTER BE AMENDED REGARDING ORDINANCE
SIGNING?
PURPOSE
Charter Sections 20 and 35 now require that the Mayor sign all ordinances
within three days of passage by Council. This measure gives the Mayor more
time to sign ordinances, This measure also changes references to Recorder and
Mayor to gender—neutral terms. The City Council, upon advise of the City
Attorney, has recommended this amendment.
Mark a cross (X) or check(V) inside the voting sguarx to indicate your choice.
YES ( ) I vote in favor of the proposed Charter amendment.
NO ( ) I vote against the proposed Charter, amendment.
MEASURE NO, 56.
CITY ELECTION PROCEDURES
SHALL SECTIONS 23-27 OF THE CHARTER BE AMENDED TO REQUIRE ELECTION
PROCEDURES TO FOLLOW STATE LAW?
PURPOSE
The Legislature has adopted statewide election procedures controlling dates of
elections and notice requirements. Charter Sections 23-27 of the Charter
require- additional procedures beyond those required by state law. This
amendment would make the city elections conform to state law. It also would
let the city make laws to govern elections if there are no state laws. The
City Council, upon advise of the City Ateor-iiey, has recommended this amendment.
Mark a cross (X) or check (,i) inside the voting square to indicate your choice.
YES ( ) I vote in favor of the proposed Charter amendment.
NO ( ) I vote against the proposed Charter amendment.
RESOLUTION NO, 85-77
Page 10
MEASURE NO. 57.
ORDINANCE NOTICE REQUIREMENTS '
SHALL SECTION 35 (2) AND (3) OF THE CITY CHARTER BE CHANGED REGARDING
ORDINANCE NOTICE REQUIREMENTS?
PURPOSE
Charter Section 35 (2) and (3) and state statute now have different
requirements. This measure makes city procedures conform with the state law
regarding ordinance notice requirements. If passed, ordinances will have to
be published or posted before becoming effective. The City Council, upon
advise of the City Attorney, has recommended this amendment.
Mark a cross (X) or check (,✓) inside the voting square to indicate your choice
YES ( ) I vote in favor of the proposed Charter amendment.
NO ( ) I vote against the proposed Charter amendment.
MEASURE NO. 58.
t
D
DEBT LIMITATION PER STATE LAW
I
SHALL THE CITY DEBT LIMIT BE CONTROLLED BY STATE LAW?
PURPOSE
Charter Section 41 now has a limit on "voluntary floating indebtedness". The
meaning of the section is not clear. The Legislature has adopted laws to
control all debt and budget requirements. This measure would -adopt state law
in place of current language. The City Council, upon advise of the City
Attorney, has recommended this amendment.
Mark a cross {X) or check (n inside the voting square to indicate your choice
YES ( ) I vote in favor of the proposed Charter amendment.
NO ( ) I vote against the proposed Charter amendment.
RESOLUTION NO. 85-77
Page 11
EXHIBIT "D"
ELECTION NOTICE
NOTICE IS HEREBY GIVEN that the City of Tigard will hold an election on
Tuesday, November 5, 1985 between the hours of 8:00 A.M. and 8:00 P.M. Pacific
Daylight Savings Time, at the following places:
PRECINCT NO. POLLING PLACE
30 Tigard Community Center - 12645 SW Ash
31 Charles F. Tigard Grade School - 12985 SW Grant
32 Charles F. Tigard" Grade School - 12985 SW Grant
33 Fowler Junior High School - 10665 SW Walnut
34 Templeton Grade School - 9500 SW Murdock
35 Phil Lewis Grade School - 12615 SW 72nd
40 Twality Junior High School - 14650 SW 97th
41 Summerfield Club House - 11203 SW Summerfield Drive
46 Southwest Bible Church - 12930 SW Scholls Ferry Road
i80 Summerfield Club House - 11203 SW S:.tm�oerfield Drive
194 Tigard Community Center- - 12645 SW Ash
195 USA Durham Facility - 16580 SW 85th Avenue
The purpose of this election is to submit ballot measures to the qualified
voters of the City of Tigard for their approval or rejection as listed below:
MEASURE # 51 - LIMITS MAYOR AND COUNCIL TERMS OF OFFICE
QUESTION: SHALL SECTION 7 OF THE CITY CHARTER BE AMENDED TO LIMIT TERMS OF
OFFICE FOR MAYOR AND COUNCIL?
PURPOSE: This measure sets a limit of four consecutive years on the term of
office of mayor and an over-all limit of twelve consecutive years For service
on the Council. it also states that resignation From a currently held office
must occur at the time of filing for any other city offic9. The City Council,
upon advise of the City Attorney, has recommended this measure to clarify
existing language.
MEASURE #52 - CITY RECORDER AND FINANCE OFFICER POSITIONS
QUESTION: SHALL THE CHARTER BE AMENDED TO ESTABLISH A FINANCE OFFICER AND
SPECIFY THE DUTIES OF FINANCE OFFICER AND CITY RECORDER?
PURPOSE: Charter Section 10 and 22 mix the duties of finance and records.
This amendment separate and defines the finance officer and city recorder
duties as officers. The City Council, upon advise of the City Attorney, has
recommended this amendment.
�e [
RESOLUTION NO. 85-77
Page 12
MEASURE #53 — COUNCIL MEETING NOTICE
QUESTION: SHELL THE CHARTER BE AMENDED TO ALLOW MEETING NOTICE ACCORDING TO
STATE LAW?
PURPOSE: Charter Section 12 now states that special Council meetings must be
held not earlier than three hours nor later than 72 hours after notice is
given. Current Charter language is in conflict with State law which requires
24 hours notice of special meetings, except in case of actual emergency. This
amendment would make the City Charter conform to state law. The City Council,
upon advise of the City At,orney, has recommended this amendment.
MEASURE #54 — COUNCIL VOTE REQUIREMENTS
QUESTION: SHALL THE CHARTER BE AMENDED TO PROVIDE_ THAT AN ABSTENTION WILL NOT
BE COUNTED AS A "NO" VOTE?
PURPOSE: Charter Section 19 now states that a majority of members of the
Council present is required to decide any question. Abstentions are counted
as "no" votes. This measure makes clear that a majority of members actually
voting is required and that abstentions are not counted. The City Council,
upon advise of the City Attorney, has recommended this amendment.
MEASURE #55 — ORDINANCE SIGNING REQUIREMENTS
QUESTION: SHALL SECTIONS 20 AND 35 OF THE CHARTER BE AMENDED REGARDING
ORDINANCE SIGNING?
{� PURPOSE: Charter Sections 20 and 35 now require that the Mayor sign all
ordinances within three days of passage by Council. This measure gives the
Mayor more time to sign ordinances. This measure also changes references to
Recorder and Mayor to gender—neutral terms. The City Council, upon advise of
the City Attorney, has recommended this amendment.
MEASURE #56 — CITY ELECTION PROCEDURES
QUESTION: SHALL SECTIONS 23-27 OF THE CHARTER BE AMENDED TO REQUIRE ELECTION
PROCEDURES TO FOLLOW STATE LAW?
PURPOSE: The Legislature has adopted statewide election procedures
controlling dates of elections and notice requirements, Charter Sections
23-27 of the Charter require additional procedures beyond those required by
state law. This amendment would make the city elections conform to state
law. It also would let tine city make Paws to govern elections if there are no
state laws. The City Council, upon advise of the City Attorney, has
recommended this amendment.
RESOLUTION NO. 85-77
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MEASURE #57 — ORDINANCE NOTICE REQUIREMENTS
(Q'£STZON: SHALL SECTION 35 (2) AND (3) OF THE CITY CHARTER BE CHANGED
REGARDING ORDINANCE NOTICE_ REQUIREMENTS?
PURPOSE: Charter Section 35 (2) and (3) and state statute now have different
requirements. Phis measure makes city procedures conform with the state law
regarding ordinance notice requirements. If passed, ordinances will have to
be published or posted before becoming effective. The City Council, upon
advise of the City Attorney, has recommended this amendment.
MEASURE #58 -- DEBT LIMITATION PER STATE LAW
QUESTION: SHALL THE CITY DEBT LIMIT BE CONTROLLED BY STATE LAW?
PURPOSE: Charter Section 41. now has a limit on "voluntary floating
indebtedness". The meaning of the section is not clear. The Legislature has
adopted laws to control all debt and budget requirements. This measure would
adopt state law in place of current language. `he City Council, upon advise
of the City Attorney, has recommended this amendment.
preen R. Wilson Deputy Recorder
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RESOLUTION NO. 85-77
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