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Resolution 2001-44 RESOLUTION NO, 2001-44 A RESOLUTION OF THE CTIY COUNCIL OF THE CITY OF GILROY SUBMITTING AN AMENDMENT TO THE CITY CHARTER TO THE ELECTORS OF THE CITY AT THE MUNlCIP AL ELECTION TO BE HELD NOVEMBER 6, 2001 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 City Council desires to submit an amendment to the Charter relating to the vote required to elect the Mayor, in addition to that Charter amendment proposed by the City Council by Resolution No. 2001-35 adopted on June 18, 2001. NOW, THEREFORE, BE IT RESOLVED BY THE CTIY COUNCIL OF THE CITY OF GILROY as follows: Section 1. Pursuant to law, this City Council proposes the herein described amendment to the Charter ofthe City of Gilroy and directs that the herein described amendment shall be duly submitted to the electors of said City for ratification at a special municipal election, said election having been called and consolidated with the general municipal election to be held on November 6, 2001. Section 2. The Charter is proposed to be amended by adding a new Section 1403 so that Section 1403 of the Charter shall read in its entirety as follows: Section 1403. Election ofthe Mayor, The election of the Mayor shall require a majority of the votes cast for that office in the General Municipal Election to constitute the \JH\520810.3 01-070304706002 -1- Resolution No. 2001-44 choice of the electors. 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 and held on a Tuesday not less than forty (40) nor more than one hundred twenty-five (125) days after the date upon which the City Council accepts the certified election results. The City Council shall adopt any implementation measures and set any required deadlines that may be necessary to conduct the runoff election. The candidate receiving the highest number of votes cast in the runoff election shall be elected Mayor. This section shall be deemed to implement the requirement of Section 401 that the Mayor shall be elected at a General Municipal Election, and the provision of Section 402 regarding tie votes. PASSED AND ADOPTED this 2ND day of July, 2001, by the following vote: AYES: COUNCil-MEMBERS: G. ARELLANO, P. AREllANO, MORALES, and SPRINGER NOES: ABSENT: COUNCil-MEMBERS: COUNCil-MEMBERS: SUDOL, VELASCO PINHEIRO APPROVED: Thomas W. Springer, Mayor ATTEST: / ;/-~~ ' \JH\520B10.3 01-070304706002 -2- Resolution No. 2001-44 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2001-44 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 and affixed the Official Seal of the City of Gilroy this 6th day of August, 2001. ~1d"" ~. City Clerk of the City of Gilroy (Seal)