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Resolution 2001-43 Resolution No. 2001-43 RESOLUTION NO. 2001-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROPOSING AN AMENDMENT TO THE CITY CHARTER TO THE ELECTORS OF THE CITY FOR THE MUNICIPAL ELECTION TO BE HELD NOVEMBER 6, 2001. WHEREAS, pursuant to the Charter of the City of Gilroy Section 1505, and California Government Code section 3445S, the City Council is authorized to propose amendments to the City Charter and submit said amendments to the electors of this city for ratification at any established municipal election date provided there are at least eighty-eight (SS) days before the election; and WHEREAS, the Council desires to submit to the qualified electors of the City of Gilroy a ballot measure which proposes to amend the City Charter by adding a new Section 1403, in addition to that Charter amendment proposed by the City Council at its duly noticed and regular meeting on June IS, 2001 set forth in Resolution No. 2001-35. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section I. A special municipal election has been previously called by the City Council to be held on Tuesday, November 6, 2001, at which election there will be submitted to the qualified electors of said City a ballot measure proposing to amend the Charter of the City as set forth below, in addition to that measure proposed and set forth in Resolution No. 2001-35 adopted by the City Council on June IS, 2001. Section 2.. The form of Measure [ ], proposed by the City Council to add a new Section 1403 to the City Charter, as the same is to appear on the ballot is as follows: UH1518892.5 04-070504706002 -1- Shall Section 1403 be added to the City Charter to require that the election of the Mayor shall require a majority of the votes cast at said election to constitute the choice of the electors, and if no candidate receives a majority of the votes cast, a runoff election between the two candidates receiving the highest numbers of the votes cast, or in case of a tie, among those candidates tying for the highest number of votes cast, shall be called by the City Council? YES MEASURE [ ]; Charter Amendment NO [Spanish translation of same.] Section 3. Pursuant to Section 9280 of the Elections 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 measure showing the effect of the measure on existing law and the operation of the measures. Section 4. The City Council hereby requests, consents to and orders that the above stated ballot measure be proposed to the electors of the City of Gilroy at the special municipal election previously called and consolidated with the general municipal election to be held on Tuesday, November 6, 2001, and that said 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 City Council, and all other proceedings in connection with the election be regnlated and done by the Registrar of Voters of the County of Santa Clara. Section 3. 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 \JH\518892.5 04-070504706002 -2- Resolution No. 2001-43 Clara certified copies ofthis Resolution at least eighty-eight (88) days prior to the herein referenced general municipal election. Section 4. Pursuant to Section 12111 of the Elections Code, the City Clerk is hereby directed to publish a synopsis of the measures in a newspaper of general circulation published and circulated in the City. The notice shall be headed "Measures To Be Voted On" and shall conform to the requirements of Section 12111 of the Elections Code. Section 5. 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 18th day of June, 2001, by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO,P. ARELLANO, MORALES, and SPRINGER NOES: COUNCILMEMBERS: SUDOL, VELASCO ABSENT: COUNCILMEMBERS: PINHEIRO APPROVED: -7lc/>rl~ ~ Thomas W. Springer, . or . /,/J .,~ \JH\518892.5 04-070504706002 -3- Resolution No. 2001-43 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2001-43 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day ofJuly, 2001, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand aod affixed the Official Seal of the City of Gilroy this 6th day of August, 200 I. /:7 .../ ~..L~~. City Clerk of the City of Gilroy (Seal)