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Resolution 2008-28 RESOLUTION NO. 2008-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROPOSING AN AMENDMENT TO THE CITY CHARTER AND DIRECTING SAID AMENDMENTS TO BE SUBMITTED TO THE ELECTORS OF THE CITY 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 propose an amendment to the Charter relating to the holding of general municipal elections in each even-numbered year; and WHEREAS, the existing Charter provisions proposed for amendment is Section 1400. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section I. Pursuant to law, this City Council proposes the herein described amendments to the Charter of the City of Gilroy and directs that the herein described amendments shall be duly submitted to the electors of said City for ratification at a Special Municipal Election, said election to be consolidated with the general municipal election to be held on November 4, 2008. Section II. To update provisions of the Charter, the Charter is proposed to be amended as follows: (a) By amending Section 1400 so that Section 1400 of the Charter shall read in its entirety as follows: Section 1400. General Municipal Election. A general municipal election shall be held on the regular election date established by the Elections Code of the State of California for the statewide General Election, as it now exists or may hereafter be amended, in each even-numbered year, commencing with the year 2010, for the election of officers and for such other purposes as the City Council may prescribe. -1- IJHI763694.1 n~nQnlU\A7n~nR'l Resolution No. 2008-28 Notwithstanding Section 402 of this Charter, any City Councilmembers whose terms of office would have expired prior to 2010 shall continue in their offices until their successors are elected and qualified, but in no event shall the term be extended beyond December 31, 2010. Notwithstanding Section 402 of the Charter, any City Councilmembers whose terms of office would have expired prior to 2012 shall continue in their offices until their successors are elected and qualified, but in no event shall the term be extended beyond December 31,2012. Section 1400 currently reads as follows: Section 1400. General Municipal Elections. A general municipal election shall be held on the regular election date established by the Election Code of the State of California, as it now exists or may hereafter be amended, in each odd-numbered year, commencing with the year 1975, for the election of officers and for such other purposes as the City Council may prescribe. PASSED AND ADOPTED this 16th day of June 2008, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, TUCKER, and PINHEIRO NOES: COUNCILMEMBERS: DILLON, GARTMAN, and WOODWARD ABSENT: COUNCILMEMBERS: NONE APPROVED: ATTEST: ,~ I / -2- \JH\763694.1 n~nanllJ\A7n~n1l1 Resolution No. 2008-28 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2008-28 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of June, 2008, 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 of July, 2008. /1 "\ Shawtla Freels, City Clerk of the City of Gilroy (Seal)