Resolution 2000-89
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RESOLUTION NO. 2000-89
A RESOLUTION CALLING SPECIAL ELECTION
CITY OF GILROY
Community Facilities District No. 2000-1
(Highway 152)
RESOLVED by the City Council (the "Council") of the City of Gilroy (the "City"),
County of Santa Clara, State of California, that:
WHEREAS, this Council has adopted a resolution entitled" A Resolution of Formation
of Community Facilities District, (the "Resolution of Formation"), ordering the formation of
City's Community Facilities District No. 2000-1 (Highway 152) (the "CFD"), authorizing the
levy of a special tax on property within the CFD and preliminarily establishing an
appropriations limit for the CFD, all pursuant to the Mello-Roos Community Facilities Act of
1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the
California Government Code (the" Act").
WHEREAS, this Council has also adopted a resolution entitled "A Resolution
Determining the Necessity to Incur Bonded Indebtedness (the "Resolution of Necessity"),
determining the necessity to incur bonded indebtedness in the maximum aggregate principal
amount of $35,000,000 upon the security of the special tax to be levied within the CFD pursuant
to the Act; and
WHEREAS, pursuant to the proVISIOns of the Resolution of Formation and the
Resolution of Necessity, the propositions of the levy of the special tax, the establishment of the
appropriations limit and the incurring of the bonded indebtedness shall be submitted to the
qualified electors of the CFD as required by the provisions of the Act.
NOW THEREFORE, IT IS HEREBY ORDERED as follows:
1. Issues Submitted. Under Sections 53326,53351 and 53325.7 of the Act, the issues
of the levy of the special tax, the incurring of bonded indebtedness and the establishment of the
appropriations limit shall be submitted to the qualified electors (as defined below) of the CFD
at an election as provided below.
2. Qualified Electors. This Council hereby finds that fewer than 12 persons have
been registered to vote within the territory of the CFD for each of the ninety (90) days
preceding the close of the public hearings heretofore conducted and concluded by this Council
for the purposes of these proceedings. Accordingly, and under Section 53326 of the Act, this
Council finds that the qualified electors are the landowners within the CFD and that the vote
shall be by such landowners or their authorized representatives, each having one vote for each
acre or portion thereof such landowner owns in the CFD as of the close of the public hearings.
RESOLUTION NO. 2000-89
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3. Conduct of Election. This Council hereby calls a special election to consider the
measures described in section 2 above, which election shall be held on December 18, 2000 and
the results thereof canvassed at the meeting of this Council on December 18, 2000 or a later date
as may be directed by the Council. The City Oerk is hereby desigrtated as the official to
conduct the election and to receive all ballots until the close of business on the election date. It
is hereby acknowledged that the Oerk has on file the Resolution of Formation, a certified map
of the boundaries of the CFD, and a sufficient description to allow the Clerk to determine the
electors of the CFD. Pursuant to Section 53327 of the Act, the election shall be conducted by
messenger or mail-delivered ballot pursuant to Section 4000 of the California Elections Code.
This Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of Section 4000 are
applicable to this special election.
4. Ballot. As authorized by Section 53353.5 of the Act, the three propositions
described in section 1 above shall be combined into a single ballot measure, the form of which is
attached hereto as Exhibit" A", is hereby made a part hereof and is hereby approved. The City
Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit
"A," to be delivered to each of the qualified electors of the CFD. Each ballot shall indicate the
number of votes to be voted by the respective landowner to which the ballot pertains. Each
ballot shall be accompanied by all supplies and written instructions necessary for the use and
return of the ballot. The envelope to be used to return the ballot shall be enclosed with the
ballot, have the return postage prepaid, and contain the following: (a) the name and address of
the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of
record or authorized representative of the landowner entitled to vote and is the person whose
name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the
date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a
notice that the envelope contains an official ballot and is to be opened only by the Clerk.
5. Waivers. This Council hereby further finds that the provisions of Section 53326
of the Act requiring a minimum of 90 days following the adoption of the Resolution of
Formation to elapse before holding the special election are for the protection of the qualified
electors of the CFD. There are on file with the Oerk written waivers executed by all of the
qualified electors of the CFD allowing for a shortening of the time for the special election to
expedite the formation of the CFD and waiving any requirement for notice, analysis and
arguments in connection with the election. Accordingly, this Council finds and determines that
the qualified electors have been fully apprised of and have agreed to the shortened time for the
election and waiver of analysis and arguments, and have thereby been fully protected in these
proceedings. This Council also finds and determines that the City Oerk has concurred in the
shortened time for the election. Analysis and arguments with respect to the ballot measures are
hereby waived, as provided in Section 53327 of the Act
6. Effective Date. This Resolution shall take effect upon its adoption.
RESOLUTION NO. 2000-89
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PASSED AND ADOPTED this 18th day of December, 2000, by the following vote:
AYES:
COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES,
PINHEIRO, SUDOL, VELASCO, SPRINGER
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Rhon a Pellin, City Clerk
RESOLUTION NO. 2000-89
APPROVED:
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Thomas W. Springer, Ma r
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By:
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EXHIBIT A
OFFICIAL BALLOT
SPEOAL TAX ELECTION
CITY OF GILROY
Community Facilities District No. 2000-1
(Highway 152)
This ballot is for a special, landowner election for the City of Gilroy, Community
Facilities District No. 2000-1 (Highway 152). You must return this ballot in the enclosed postage
paid envelope to the office of the City Clerk of the City of no later than the hour of 5:00 p.m. on
December 18,2000, either by mail or in person. The City Oerk's office is located at the Gilroy
City Hall, 7351 Rosanna Street, Gilroy, California 95020-6197.
To vote, mark a cross (X) on the voting line after the word "YES" or after the word
"NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden and
make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain
another.
BALLOT MEASURE: Shall the City of Gilroy incur an
indebtedness and issue bonds in the maximum aggregate
principal amount of not to exceed $35,000,000 with interest at a
rate or rates not to exceed the maximum interest rate permitted
by law at the time of sale of such bonds on behalf of Community
Facilities District 2000-1 (Highway 152) (the "CFD"), the proceeds
of which bonds will be used to acquire and/or construct certain
facilities and pay for the costs of issuing the bonds and related
expenses; shall a special tax, payable solely from lands within the
CFD, be levied annually, commencing in the City's fiscal year
2001-2002 upon lands within the CFD to pay for the principal and
interest upon such bonds and pay the costs of the City in
administering the CFD, and shall the annual appropriations limit
of the CFD be established in the amount of $17,500,000?
YES:
NO:
By execution in the space provided below, the owner of the property also completely
waives the time limit pertaining to the conduct of the election and any requirement for notice of
election and analysis and arguments with respect to the ballot measure and the property owner
acknowledges that he or she wishes this election to be held as quickly as possible.
Number of Votes:
Property Owner:
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2000-89 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 18th day of December, 2000, 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 5th day ofJanuary, 2001.
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City Clerk of the City of Gilroy
(Seal)