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Resolution 2008-37 RESOLUTION NO. 2008-37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION AND DEVELOPMENT OF CERTAIN MUNICIPAL IMPROVEMENTS AND THEIR FINANCING THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE GILROY PUBLIC LIBRARY FACILITIES WHEREAS, the City is authorized to issue general obligation bonds to finance municipal improvements pursuant to certain provisions of the California Government Code, including Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 and including Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 (collectively, the "Bond Law"); WHEREAS, the City intends to issue its general obligation bonds (the "Bonds") under and pursuant to the Bond Law to finance the acquisition and development of certain public library facilities (the "Gilroy Community Library Facilities"); and WHEREAS, in order to initiate proceedings under the Bond Law to provide for the financing of the Gilroy Community Library Facilities, the City Council must make certain findings and determinations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY AS FOLLOWS: Section 1. Declaration of Necessity to Issue Bonds. The public interest and necessity demand, and it is the intention of the City Council to require, the acquisition, construction and improvement of the Gilroy Community Library Facilities and to issue the Bonds to ffiance the cost thereof, subject to completion of the proceedings required by the Bond Law. Section 2. Maximum Amount. The estimated cost of the Gilroy Community Library Facilities is not to exceed $37 Million Dollars. Said estimated costs include provision for legal or other fees, and other costs and expenses, which are incidental to or connected with the authorization, issuance and sale of the Bonds. Section 3. Findings. The City Council hereby finds and determines that the costs of the Gilroy Community Library Facilities require an expenditure by the City greater than the amount allowed for it by the annual tax levy of the City. The principal amount of the Bonds will not exceed the estimated cost set forth above for the Gilroy Community Library Facilities. Section 4. Issuance of the Bonds. This Resolution is adopted, and the Bonds, if approved by two-thirds of all qualified voters voting on the issuance of the Bonds, are to be issued pursuant to the Bond Law. Section 5. Effictive Date. This Resolution shall take effect upon its adoption by two- thirds of all members of the City Council of the City. \J H\766572.5 07280841706083 -1- The foregoing resolution was adopted at a regular meeting of the City Council held on August 4, 2008, by the following vote, to-wit: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, GARTMAN,TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATf~ST: S awna Freels, City City of Gilroy -2- RESOLUTION NO. 2008-37 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2008-37 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 4th day of August, 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 August, 2008. ~ S~;1wna Freels, C C City Clerk of the City of Gilroy (Seal)