Resolution 1997-40
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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;
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RESOLUTION NO. 97-40
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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
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RESOLUTION NO. 97-40
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[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
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RESOLUTION NO. 97-40
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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
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RESOLUTION NO. 97-40
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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:
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Thomas W. Springe, --
Mayor Pro Tem
Clerk
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RESOLUTION NO. 97-40
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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.
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Interim City Clerk of the City of Gilroy
(Seal)