Resolution 2000-90
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RESOLUTION NO. 2000-90
A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND
DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN
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, under to the provisions of the Resolution of Formation and the Resolution
Necessity and pursuant to a Resolution Calling Special Election (the "Election Resolution")
heretofore adopted by this Council the propositions of the levy of the special tax, the
establishment of the appropriations limit and the incurring of the bonded indebtedness were
submitted to the qualified electors of the CFD as required by the provisions of the Act.
WHEREAS, under the Election Resolution, the provisions of which are hereby
incorporated herein, the special election has been held and the City Clerk has on file a
Canvass and Statement of Results of Election, (the "Canvass") a copy of which is attached
hereto as Exhibit A; and
WHEREAS, this Council has reviewed the Canvass, finds it appropriate and wishes to
complete its proceedings for the CFD.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. Recitals. The foregoing recitals are all true and correct.
2. Issues Presented. The issues presented at the special election were the levy of a
special tax within the CFD the incurring of a bonded indebtedness in the maximum aggregate
RESOLUTION NO. 2000-90
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principal amount of $35,000,000 and the approval of an annual appropriations limit of not to
exceed $17,500,000 all pursuant to the Resolution of Formation and the Resolution of Necessity.
3. Issues and Canvass Approved. The issues presented at the special election were
approved by the qualified electors of the CFD by more than two-thirds (2/3) of the votes cast at
the special election. The Council hereby approves the Canvass and finds that it shall be a
permanent part of the record of its proceedings for the CFD.
4. PrlKeedings Approved. The CFD is hereby declared to be fully formed with the
authority to levy the special taxes, to incur the approved bonded indebtedness and to have the
established appropriations limit, all as heretofore provided in these proceedings and in the Act
It is hereby found that all prior proceedings and actions taken by this Council for the CFD were
valid and in conformity with the Act.
5. Notice of Tax Lien. The City Clerk is hereby directed to complete, execute and
cause to be recorded in the office of the County Recorder of the County of a notice of special tax
lien in the form required by the Act, such recording to occur no later than fifteen (15) days
following adoption of this resolution.
6. Effective Date. This Resolution shall take effect upon its adoption.
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
APPROVED:
~~e~
Rhonda Pellin, City Clerk
-;74u~ CJ fit '
Thomas W. Springer, May
RESOLUTION NO. 2000-90
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EXHIBIT A
CANVASS AND STATEMENT OF RESULTS OF ELECTION
CITY OF GILROY
Community Facilities District No. 2000-1
(Highway 152)
The undersigned City Clerk of the City of Gilroy certifies that she canvassed the returns
of the special election held on December 18, 2000, in the Community Facilities District No. 2000-
1 (Highway 152) (the "CFD") of the City of Gilroy and the total number of ballots cast in the
CFD and the total number of votes cast for and against the measure are as follows and the
totals as shown for and against the measure are full, true and correct:
Qualified
Landowner
Votes
Votes
Cast
YES
NO
Community Facilities District
No. 2000-1
(Highway 152)
City of Gilroy,
Special Tax Election,
December 18, 2000
454
354
354
o
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?
Certified under penalty of perjury on Dece:~, ~,
Rhonda Pellin, City Clerk
City of Gilroy
RESOLUTION NO. 2000-90
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I, RHONDAPELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2000-90 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.
(Seal)