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Resolution 1997-40 - , . . '.' RESOLUTION NO. 97-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL OFFICERS, A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY AMENDMENTS TO THE CITY CHARTER, A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF FILLING THE VACANCY IN THE MAYOR'S OFFICE; REQUESTING CONSOLIDATION OF ELECTIONS WITH THE GENERAL ELECTION TO BE HELD NOVEMBER 4, 1997; AND REQUESTING SERVICES OF THE REGISTRAR OF VOTERS. WHEREAS, Section 1400 of the Charter of the City of Gilroy provides that a general municipal election shall be held on the regular election date established by the Election Code of the State of California in each odd-numbered year for the election of officers and for such other purposes as the Council may prescribe; and WHEREAS, pursuant to the Charter of the City of Gilroy Section 1505 and Government Code section 34458, the City Council is authorized to propose amendments to the Charter and submit said amendments to the electors of this city for ratification; and WHEREAS, the Council desires to submit to the qualified electors of the City of Gilroy certain measures which propose to amend the Charter of the City by amending Sections 608, 703, 911, 1004, 1101 and 1109, as such proposals were adopted by the City Council at its duly noticed and regular meeting on June 23, 1997; and WHEREAS, the office of Mayor is currently vacant for the term which expires in 1999; and WHEREAS, Section 503 of the Charter of the City of Gilroy provides that such a vacancy in the office of Mayor shall be filled by election at the next municipal election, which is to be set for November 4, 1997; IRPJ1344235.02 73-062404706002 -1- RESOLUTION NO. 97-40 . . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section 1. A general municipal election is hereby called in the City of Gilroy to be held on Tuesday, November 4, 1997, for the purpose of electing three (3) City Councilmembers. Section 2. A Special Municipal Election is hereby called in the City of Gilroy to be held on held on Tuesday, November 4, 1997, at which election there will be submitted to the qualified electors of said City measures proposing to amend the Charter of the City as set forth in Sections 4, 5, 6, 7, 8 and 9 below. Section 3. A Special Municipal Election is hereby called in the City of Gilroy to be held on held on Tuesday, November 4, 1997, at which election the qualified electors of said City shall elect a Mayor to serve for the present unexpired term. Section 4. The form of Measure ], proposed by motion of the City Council to amend Section 608 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]; Charter Amendment Shall Section 608( c) of the City Charter be amended to clarify that ordinances providing for any tax levy or fixing the rate or amount of taxation take effect upon adoption only if permitted by state law and to delete reference to ordinances levying the annual property tax? [Spanish translation of same.] YES NO Section 5. The form of Measure ], proposed by motion of the City Council to amend Section 703 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]; Charter Amendment Shall Section 703(f),(g) and G) of the City Charter be amended to clarify and establish the City Administrator's responsibilities and duties to make and execute contracts for expenditures and bids and proposals approved by the Council, to establish a purchasing system, and to submit periodic reports to the Council regarding City agencies? YES NO IRPJ1344235.02 73-062404706002 -2- RESOLUTION NO. 97-40 . . [Spanish translation of same.] Section 6. The form of Measure ], proposed by motion of the City Council to amend Section 911 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]; Charter Amendment Shall Section 911 of the City Charter be amended to rename the Recreation and Parks Commission as the Parks and Recreation Commission and to clarify and establish the duties of such Commission? YES NO [Spanish translation of same.] Section 7. The form of Measure ], proposed by motion of the City Council to amend Section 1004 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]; Charter Amendment Shall Section 1004(a) of the City Charter be deleted to conform to State law which requires that City employees in the Competitive Service or on the eligibility list be allowed to actively participate in municipal campaigns and to hold public office? YES NO [Spanish translation of same.] Section 8. The form of Measure ], proposed by motion of the City Council to amend Section 1101 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]; Charter Amendment Shall Section 1101 (c) of the City Charter be deleted to conform to State law so that the City Administrator's budget for the ensuing fiscal year does not include the levy of property taxes? YES NO [Spanish translation of same.] Section 9. The form of Measure ], proposed by motion of the City Council to amend Section 1109 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]; Charter Amendment Shall Section 1109 of the City Charter be amended to raise the requirement for formal bids on public works projects from $5,000 to $35,000 and to define public works projects? [Spanish translation of same.] YES NO IRPJ1344235.02 73-062404706002 -3- RESOLUTION NO. 97-40 . . Section 10. Pursuant to Section 9280 of the Election Code, the City Clerk is directed to transmit a copy of this Resolution to the City Attorney for preparation of an impartial analysis of the ballot measures showing the effect of the measures on existing law and the operation of the measures. Section 11. The City Council hereby requests, consents to and orders that the Special Municipal Elections be consolidated with the general municipal election and other district or statewide election to be held on Tuesday November 4, 1997, and that upon consolidation, the election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, election supplies provided, polls opened and closed, ballots opened and returned, returns canvassed and certified to the Council, and all other proceedings in connection with the election to be regulated and done by the Registrar of Voters of the County of Santa Clara. Said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Section 12. Pursuant to Section 10403 of the Election Code, the City Clerk is hereby directed to file with the Board of Supervisors and the Registrar of Voters of the County of Santa Clara certified copies of this Resolution at least eighty- eight (88) days prior to the herein referenced general municipal election. Section 13. The City Clerk is hereby directed to publish the Notice of said Election as required by Section 12109 II II II II II IRPJ1344235.02 73-062404706002 -4- RESOLUTION NO. 97-40 . . of the Election Code. PASSED AND ADOPTED this 23rd day of June, 1997 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALDEZ APPROVED: ---;1U)ww~ ~, ~.......:.. Thomas W. Springe, -- Mayor Pro Tem Clerk IRPJ1344235.02 73-062404706002 -5- RESOLUTION NO. 97-40 . . I, RHONDA PELLIN, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 97-40 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 23rd day ofJune, 1997, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 25th day of June, 1997. ~~. Interim City Clerk of the City of Gilroy (Seal)