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Resolution 2002-35 WHEREAS, the Bond Act provides that sixty-five percent (65%) of the RESOLUTION NO. 2002-35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CERTIFYING PROJECT BUDGET, LOCAL FUNDING COMMITMENT, SUPPLEMENTAL FUNDS AND PUBLIC LIBRARY OPERATION; AND AUTHORIZING THE SUBMITTAL OF AN APPLICATION UNDER THE CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 FOR A LOCAL LIBRARY CONSTRUCTION GRANT. WHEREAS, the voters of California on March 7, 2000, passed Proposition 14, the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 ("Bond Act"), authorizing a bond issue of three hundred fifty million dollars ($350,000,000) ("Fund") for appropriation to the State Librarian to provide funds for the construction and renovation of public library facilities; and costs of selected library construction or renovation projects, up to a maximum of twenty million dollars ($20,000,000) per project, shall be provided through allocations from the Fund, and the grant applicant must provide matching funds from an available source ("Matching Funds") in an amount equal to thirty-five percent (35%) of the costs of the project; and WHEREAS, the California Office of Library Construction ("OLC") is a division of the California State Library and has been delegated the responsibility for the administration of the program under the Bond Act within the State and promulgating regulations establishing procedures governing program applications; and -1- RESOLUTION NO. 2002-35 INYH\5529583 WHEREAS, the City of Gilroy ("City") desires to apply to the OLC for funding under the Bond Act to construct a new public library facility ("Project"); and WHEREAS, the regulations established by the California OLC require the City, as an applicant for funding under the Bond Act and prior to the submittal of an application for funding of its Project, to certify by resolution enumerated commitments by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY THAT THE CITY CERTIFIES AS FOLLOWS: (A)That the City is committed to providing the Local Match amount identified in the Library Project Budget (Six Million One Hundred Thirty- three Thousand Four Hundred Seventy-six Dollars ($6,133,476)), as required by California Education Code section 19995 (a), including amounts stated in the Multipurpose Project Budget to be credited (Two Million One Hundred Seventy-eight Thousand Eight Hundred Thirty Dollars ($2,178,830)) to Local Match funds pursuant to California Education Code section 19995 (c) and (d). (B)Thatthe City is committed to providing supplemental funds as necessary to complete the Project at the level stated in the Project budget (Seven Hundred Sixty-seven Thousand Dollars ($767,000)). (C) That the Local Match and supplemental funds specified in the Project budget are available and will be available when the funds are needed to meet cash flow requirements for the Project. (D)The Project budget contained in the Library Project Budget section of the Application Form. (E) The accuracy and truthfulness of all information submitted in the Application Form and the required supporting documents. (F) That the Santa Clara County Library Joint Powers Authority shall operate the completed public library facility and provide public library direct service pursuant to an agreement with the City. -2- RESOLUTION NO. 2002-35 INYH\552958.3 (H) That the City commits that the City will abide by all requirements of the Bond Act and the Final (Codified) Title 5 Library Bond Act Regulations; Effective Date: January 4, 2002. (G)Thatthe City is committed that the facility shall be dedicated to public library direct service use for a period of forty (40) years following completion of the Project, regardless of any operating agreements the City may have with other jurisdictions or parties. BE IT FURTHER RESOLVED that the City Council of the City of Gilroy hereby authorizes the submittal of an application to the California Office of Library Construction for a grant of funds for the construction of its library construction Project as authorized pursuant to the Bond Act. The City Administrator or his authorized designee of the City is hereby authorized and empowered to execute in the name of the City of Gilroy all necessary applications, contracts, agreements, amendments, payment requests and other documents for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. PASSED AND ADOPTED this 20th day of May, 2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NONE NONE APPROVED: -3- RESOLUTION NO. 2002-35 INYH\552958.3 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2002-35 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of May, 2002, at which meeting a quorum was present. the City of Gilroy this 4th day of June, 2002. k\... lerk of the -City of Gilroy (Seal)