Resolution 1995-53
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RESOLUTION 95-5.::
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING
A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL OFFICERS, A SPECIAL
MUNICIPAL ELECTION FOR THE PURPOSES OF SUBMITTING TO THE
ELECTORS OF SAID CITY A REFERENDUM QUESTION PERTAINING TO
ORDINANCE NO. 95-08, AND FOR SUBMITTING TO THE ELECTORS OF
THE CITY AMENDMENTS TO THE CITY CHARTER; REQUESTING
CONSOLIDATION OF ELECTIONS WITH THE GENERAL ELECTION TO BE
HELD NOVEMBER 7, 1995; 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, a referendum petition was submitted to the office of
the city Clerk of the City of Gilroy on May 15, 1995, protesting
the adoption by the City Council of Ordinance 95-08 providing for
a storm and surface water management enterprise and utility, which
ordinance was adopted on April 17, 1995; and,
WHEREAS, said petition requests that Ordinance 95-08 be
repealed by the Councilor submitted for determination by the
voters; and,
WHEREAS, said petition appears to be valid in form and the
City Clerk has made her certificate and attached it to the petition
showing that the petition has been signed by a sufficient number
of qualified electors of the city of Gilroy as required by law and
therefore said ordinance should be either repealed or submitted to
the electorate; and,
WHEREAS, the City Council on June 5, 1995, at its regularly
scheduled and duly noticed meeting reconsidered the adoption of
said Ordinance and after such reconsideration declined to repeal
said Ordinance and ordered it to be placed before the electorate;
and,
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RESOLUTION NO. 95-~
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WHEREAS, the City 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 deleting sections 104, 1005, 1403,
and 1501 of the Charter in their entirety and amending sections
202, 402, 403, 908 and 1106 of the Charter and adding section 909
as said proposals were adopted by the city Council at its duly
noticed and regular meeting on June 26, 1995.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GILROY as follows:
section 1.
A general municipal election is hereby called
in the City of Gilroy to be held on Tuesday, November 7, 1995, for
the purpose of electing a Mayor and three (3) city Councilmembers.
section 2.
A Special Municipal Election is hereby called
in the City of Gilroy to be held on November 7, 1995, at which
election there will be submitted to the qualified electors of said
City a Referendum Question pertaining to Ordinance No. 95-08 as set
forth in Section 4 below and measures proposing to amend the
Charter of the city as set forth in Sections 4, 5, 6, 7, 8, and 9
below.
section 3.
The form of the Referendum Question to be voted
upon at such election as the same is to appear on the ballot is as
follows:
REFERENDUM ORDINANCE.
SHALL ORDINANCE NO. 95-08 ADDING CHAPTER 19C
TO THE GILROY CITY CODE TO PROVIDE FOR A STORM YES
AND SURFACE WATER MANAGEMENT ENTERPRISE AND
UTILITY BE ADOPTED? NO
[Spanish translation of same]
Section 4.
The form of Measure [ ], proposed by motion of
the city Council to delete certain obsolete references in the
Charter of the city of Gilroy, as the same is to appear on the
ballot is as follows:
CITY OF GILROY MEASURE
MEASURE [ ]: CHARTER AMENDMENT.
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RESOLUTION NO. 95-5'5
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Shall the City Charter be amended to delete
obsolete procedural references to the first YES
City Charter election held in in 1960,
specifically deleting section 104 (City NO
officers and employees in the year 1960),
section 402 paragraphs 2 and 3 (initial terms
of office for Mayor and Councilmembers),
Section 1005 (status of existing employees in
the year 1960), section 1403 (setting the date
of the first election), and section 1501
(holding the first Charter election)?
[spanish translation of same.]
section 5.
The form of Measure [ ], proposed by motion of
the City Council to amend section 202 of the City Charter, as the
same is to appear on the ballot is as follows:
MEASURE [ ]; CHARTER AMENDMENT.
Shall Section 202 of the city Charter be
amended to allow the City to expand its power YES
to contract with public or private agencies
for municipal services for any function of the NO
city, not just for administrative functions?
section 6.
[spanish translation of same.]
The form of Measure [ ], proposed by motion of
the City Council to amend the first paragraph of section 402 of the
city Charter, as the same is to appear on the ballot is as follows:
MEASURE [ ]: CHARTER AMENDMENT.
Shall the first paragraph of section 402 of
the City Charter be amended to change the date YES
by which the City Council and Mayor's terms of
office are measured from the first Tuesday NO
following their election to the first regular
meeting of the City Council following the
certification of the election results by the
duly authorized election official?
Section 7.
[spanish translation of same.]
The form of Measure [ ], proposed by motion of
the city Council to delete references to procedures or requirements
in the Charter of the city of Gilroy that have been held unlawful
by the courts of the State of California, as the same is to appear
on the ballot is as follows:
MEASURE [ ]: CHARTER AMENDMENT.
Shall Section 403 of the City Charter be
YES
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RESOLUTION NO. 95-53
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Shall section 403 of the city Charter be
amended to delete references to a requirement YES
that has been held to be unlawful by the
courts of the State of california, NO
specifically, the requirement that a person
must be a resident of the City for at least
two years before he or she can be nominated
for or hold office on the City Council?
Section 8.
[spanish translation of same.]
The form of Measure [ ], proposed by motion of
the City council to amend Section 908 of the city Charter, as the
same is to appear on the ballot is as follows:
MEASURE [ ]: CHARTER AMENDMENT.
Shall section 908 of the City Charter be
amended and section 909 be added to the City YES
Charter to divide the Library and Culture
Commission into two separate commissions, NO
namely the Library commission and the Arts and
CUlture commission, and to clarify and
establish the duties of each commission?
Section 9.
[Spanish translation of same.]
The form of Measure [ ], proposed by motion of
the City Council to amend Section 1106 of the City Charter, as the
same is to appear on the ballot is as follows:
MEASURE [ ]: CHARTER AMENDMENT.
Shall Section ll06 of the City Charter be
amended to limit the City Council to set any YES
ad valorem property tax and tax rate only if
not prohibited by State law? NO
Section 10.
[Spanish translation of same.]
Pursuant to Section 9280 of the Elections Code,
the City Clerk is directed to transmit as 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 Election be consolidated with
the general municipal election and other district or statewide
election to be held on November 7, 1995, and that upon
consolidation, the election shall be held and conducted, election
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RESOLUTION NO. 95-5 3
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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 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 Elections
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 eight-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 of the
Elections Code.
PASSED AND ADOPTED this 26th day of June, 1995, by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES:
COUNCILMEMBERS: NONE.
ABSENT: COUNCILMEMBERS: NONE.
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RESOLUTION NO. 95-5 3
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95-53 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said COuncil held on the 26th day of
June
, 19~,
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 6th day of
Julv
,1995.
(Seal)