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CHAPTER XIV MUNICIPAL FUNDING
Section 14.1 Forms of Borrowing.
Section 14.2 Short-Term Notes.
Section 14.3 General Obligation Bonds.
Section 14.4 Revenue Bonds.
Section 14.5 Funding of Revenue Bonds.
Section 14.6 Refunding Bonds.
Section 14.7 Limitation on Indebtedness.
Section 14.8 Bonds: Interest, Sale, Prepayment.
Section 14.9 Long-Term Installment Contracts, Rentals and Leaseholds--City Property.
Section 14.1 Forms of Borrowing.
The City may borrow money for any municipal purpose as provided herein
and issue the following securities to evidence such indebtedness:
(a) Short-term notes;
(b) General obligation bonds and other like securities;
(c) Revenue bonds and other like securities;
(d) Special or local improvement bonds and other like securities;
(e) Any other legally recognized security which the Council may
provide.
Section 14.2 Short-Term Notes.
The City, upon the affirmative vote of the majority of the entire
Council in office at the time the vote is taken is hereby authorized to borrow
money without an election in anticipation of the collection of taxes or other
revenues and to issue short-term notes to evidence the amount so borrowed. Any
such short-term notes shall mature before the close of the fiscal year in which
the money is so borrowed except as is permitted in the provision of this Charter
pertaining to Emergency Appropriations.
Section 14.3 General Obligation Bonds.
(a) No bonds or other evidence of indebtedness payable in whole or in
part from the proceeds of general property taxes or to which the full faith and
credit of the City is pledged, shall be issued, except in pursuance of an
ordinance adopted and approved by two-thirds (2/3) vote of the entire Council,
or until the question of their issuance shall, at a general or special election,
be submitted to a vote of the electors and approved by a majority of those
voting on the question.
(b) The Council shall determine which of the aforementioned methods of
approval of such securities shall be utilized subject to the limitations of
subsection 14.3(c) below.
(c) Pursuant to subsection (a) above, the Council may, without voter
approval, issue such securities in total amounts not to exceed two percent (2%)
of the assessed valuation of the taxable property within the City, as shown by
the last preceding assessment for city purposes.
(d) General obligation bonds issued for acquiring water and rights
thereto, or acquiring, improving or extending a City water system or sewer
system or any combination of such purposes may be so issued without an election
and upon a vote of approval by a majority of two-thirds (2/3) vote of the entire
Council, without the restrictions contained in this section.
(e) The provisions of this Section shall not apply to Short-Term Notes,
Revenue Bonds, Refunding Bonds, nor Special or Local Improvement District Bonds,
which are provided for elsewhere in this Chapter.
Section 14.4 Revenue Bonds.
The City, pursuant to ordinance, and without an election, may borrow
money, issue bonds, or otherwise extend its credit for purchasing, constructing,
condemning, otherwise acquiring, extending or improving a water, electric, gas
or sewer system, or other public facility or income-producing project or for any
other capital improvement; provided that the bonds or other obligations shall be
made payable from the net revenues derived from the operation of such system,
utility or other such project or capital improvement, and provided, further,
that any two or more of such systems, utilities, projects or capital
improvements may be combined, operated and maintained as joint municipal
systems, utilities, projects or capital improvements, in which case such bonds
or other obligations shall be made payable out of the net revenue derived from
the operation of such joint systems, utilities or capital improvements.
Section 14.5 Funding of Revenue Bonds.
In addition to the provisions of Section 14.4 relating to Revenue Bonds,
the City shall have the authority to issue revenue bonds payable from the
revenue and income of the project, facility, or improvement to be constructed or
installed with the proceeds of the bond issue, or payable in whole or in
part from the available proceeds of a City sales and use tax which may be
imposed pursuant to this Charter.
Section 14.6 Refunding Bonds.
(a) The Council may authorize, by ordinance, without an election,
issuance of refunding bonds or other like securities for the purpose of
refunding and providing for the payment of the outstanding bonds or other like
securities of the City as the same mature, or in advance of maturity, by means
of an escrow or otherwise.
(b) Any refunding bonds or other like securities issued for the purpose
of refunding revenue bonds or other revenue securities shall be payable from the
revenues of the system, utility, income-producing project or other capital
improvement that was acquired, extended or improved with the proceeds of the
original bond issue.
Section 14.7 Limitation on Indebtedness.
The aggregate amount of bonds or other evidences of indebtedness of the
City shall not exceed ten percent (10%) of the assessed valuation of the taxable
property within the City as shown by the last preceding assessment for City
purposes; provided however, in determining the amount of indebtedness, there
shall not be included within the computation:
(a) Bonds or other evidences of indebtedness, outstanding or authorized
to be issued for the acquisition, extension or improvement of a municipal
water-works system, or municipal storm sewer, sanitary sewer, combined storm and
sanitary sewers, or sewage disposal systems;
(b) Short-term note;
(c) Special or local improvement securities;
(d) Securities payable from the revenues of an income-producing system,
utility, project, or other capital improvement or from City sales or use
taxes.
(e) Long-term installment contracts other than real property
acquisitions, rentals and leaseholds pursuant to Section 14.9.
Section 14.8 Bonds: Interest, Sale, Prepayment.
(a) The terms and maximum interest rate of general obligation or revenue
bonds or other like securities shall be fixed by the authorizing ordinance and
such securities shall be sold to the best advantage of the City.
(b) Any refunding bond may be exchanged dollar for dollar for a bond
refunded.
(c) All bonds may contain provisions for calling the same at designated
periods prior to the final due date, with or without the payment of a prior
redemption premium.
Section 14.9 Long-Term Installment Contracts, Rentals and Leaseholds--City Property.
(a) In order to provide necessary land, buildings, equipment, and other
property for governmental or proprietary purposes, the City is hereby authorized
to enter into long-term installment purchase contracts and rental or leasehold
agreements. Such agreements may include an option or options to purchase and
acquire title to such property within a period not exceeding the useful life of
such property. Each such agreement and the terms thereof shall be concluded by
an ordinance duly enacted by the Council.
(b) The Council is authorized and empowered to provide for the said
payments by a tax levy imposed upon property included within the boundaries of
the City, or by rates, tolls or service charges imposed for the use of such
property or any part thereof by others, or by any other available municipal
revenue, or by any one or more of the above sources.
(c) The obligation created hereunder shall not constitute an
indebtedness of the City within the meaning of the legal limitations on
contracting of indebtedness by cities.
(d) Property owned, held or used by the City shall be exempt from
taxation so long as it is owned, held or used by the City for authorized City
functions.
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