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Resolution 2011-16 RESOLUTION NO. 2011-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING SPECIAL LANDOWNER ELECTION FOR COMMUNITY FACILITIES DISTRICT CITY OF GILROY COMMUNITY FACILITIES DISTRICT NO. 2011-1 (DEER PARK LANDSCAPE MAINTENANCE) RESOLVED by the City Council (the "Council") of the City of Gilroy (the "City"), County of Santa Clara, State of California, that: WHEREAS, this Council has adopted a resolution entitled "A Resolution of the City Council of the City of Gilroy of Formation of Community Facilities District" (the "Resolution of Formation"), ordering the formation of the "City of Gilroy Community Facilities District No. 2011-1 (Deer Park Landscape Maintenance)" (the "CFD"), defining the public services (the "Services") to be provided by the CFD, authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, all pursuant to Chapter 2.5 of Part I of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and WHEREAS, pursuant to the provisions of the Resolution of Formation, the propositions of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors of the CFD as required by the provisions of the Act. NOW THEREFORE, IT IS HEREBY ORDERED as follows: 1. Issues Submitted. Pursuant to the Act, the issues of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors (as defined below) of the CFD at an election called therefor as provided below. 2. Qualified Electors. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the CFD for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that, for these proceedings, the qualified electors are the landowners within the CFD and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the CFD as of the close of the public hearing. 3. Conduct of Election. This Council hereby calls a special election to consider the issues described in section 2, above, which election shall be held on March 28, 2011, and the results thereof canvassed at the meeting of this Council on March 28,2011. The City Clerk is hereby designated as the official to conduct the election and to receive all ballots until the close of business on the election date. It is hereby acknowledged that the Clerk has on file the Resolution of Formation, a map ofthe boundaries of the CFD, and a sufficient description to allow the Clerk to determine the electors of the CFD. Pursuant to Section 53327 of the Act, the election shall be conducted by messenger or mail-delivered ballot pursuant to Section 4000 of the California Elections Code. This Council hereby finds that paragraphs (a), (b), and (c) (2) of Section 4000 and Section 4108 are applicable to this special election, except that Sections 53326 and 53327 of the Act shall govern for purposes of determining the date ofthe election. Page 1 4. Ballot. As authorized by Section 53353.5 of the Act, the issues described in section 1 above shall be combined into a single ballot measure, the form of which as attached hereto as Exhibit "A" is hereby approved. The City Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit "A," to be delivered to each of the qualified electors of the CFD. Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot shall be enclosed with the ballot, have the return postage prepaid, and contain the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot. 5. Waivers. This Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors ofthe CFD. There is on file with the Clerk a written waiver executed by all of the qualified electors of the CFD allowing for a shortening of the time for the special election to expedite the process of formation of the CFD and waiving any requirement for notice, analysis and arguments in connection with the election. Accordingly, this Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This Council also finds and determines that the City Clerk has concurred in the shortened time for the election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act. 6. Accountability. Under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the construction and/or acquisition of the Services and the incidental costs thereof including any bonds, all as defined in the Resolution of Formation, shall constitute the specific single purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual report if required by Section 50075.3 of the Government Code. 7. Effective Date. This Resolution shall take effect upon its adoption. *********** Page 2 PASSED AND ADOPTED by the City Council of the City of Gilroy this 28th day of March, 2011, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, LEROE-MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: BRACCO ABSENT: COUNCILMEMBERS: NONE APPROVED: ~ Page 3 EXHIBIT A CITY OF GILROY Community Facilities District No. 2011-1 (Deer Park Landscape Maintenance) OFFICIAL BALLOT SPECIAL TAX ELECTION This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Gilroy no later than the hour of 7:00 p.m. on Monday, March 28, 2011, either by mail or in person. The City Clerk's office is located at 7351 Rosanna Street, Gilroy, California. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Gilroy and obtain another. BALLOT MEASURE: Shall the City of Gilroy be authorized to annually levy a special tax solely on lands within the City of Gilroy Community Facilities District No. 2011-1 (Deer Park Landscape Maintenance) (the "CFD") in accordance with the rate and method contained in the Resolution of Formation of the CFD adopted by the City Council of the City on March 28, 2011, commencing in the City's fiscal year No. 2011-12, to pay for the municipal services for the CFD and to pay the costs of the City in administering the CFD, and shall the annual appropriations limit of the CFD be established in the amount of$25,000? YES: NO: By execution in the space provided below, you also confirm your written waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure. Number of Votes: Property Owner: [property owner name] [signature block] Page 4 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2011-16 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 28th day of March, 2011, 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 29th day of March, 2011. Shawna Freels, C City Clerk of the City of Gilroy (Seal)