Resolution 2011-17
RESOLUTION NO. 2011-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION AND
DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN
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"), 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 1 of
Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act").
WHEREAS, under the provisions of the Resolution of Formation and pursuant to a resolution
entitled "A Resolution of the City Council of the City of Gilroy Calling Special Landowner Election for
Community Facilities District" (the "Election Resolution") heretofore adopted by this Council, the
propositions of the levy of the special tax and the establishment of the appropriations limit were
submitted to the qualified electors of the CFD as required by the provisions of the Act.
WHEREAS, pursuant to the terms of the Election Resolution, which are by this reference
incorporated herein, the special election has been held and the City Clerk has on file a Canvass and
Statement of Results of Election, (the "Canvass") a copy of which is attached hereto as Exhibit A; and
WHEREAS, this Council has been informed of the Canvass, finds it appropriate and wishes to
complete its proceedings for the CFD.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. Recitals. The foregoing recitals are all true and correct.
2. Issues Presented. The issues presented at the special election were the levy of a special
tax within the CFD and the approval of an annual appropriations limit of not to exceed $25,000, all
pursuant to the Resolution of Formation.
3. Canvass and Issues Approved. The Council hereby approves the Canvass and finds
that it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to the Canvass, the
issues presented at the special election were approved by the qualified electors of the CFD by more than
two-thirds of the votes cast at the special election.
4. Proceedings Approved. Pursuant to the voter approval, the CFD is hereby declared to
be fully formed with the authority to levy the special taxes and to have the established appropriations
limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior
RESOLUTION NO. 2011-17
proceedings and actions taken by this Council with respect to the CFD were valid and in conformity with
the Act.
5. Notice of Tax Lien. The City Clerk is hereby directed to complete, execute and cause to
be recorded in the office of the County Recorder of the County of Santa Clara a notice of special tax lien
in the form required by the Act, such recording to occur no later than fifteen (15) days following adoption
of this resolution by the Council
6. Effective Date. This Resolution shall take effect upon its adoption.
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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:
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EXHIBIT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
CITY OF GILROY
Community Facilities District No. 2011-1
(Deer Park Landscape Maintenance)
I hereby certify that on March 28,2011, I canvassed the returns of the election held on March 28,
2011, in the City of Gilroy Community Facilities District No. 2011-1 (Deer Park Landscape
Maintenance) and the total number of ballots cast in such District and the total number of votes cast for
and against the measure are as follows and the totals as shown for and against the measure are full, true
and correct:
Qualified
Landowner Votes
Votes Cast YES NO
City of Gilroy
Community Facilities District No. 2011-1
(Deer Park Landscape Maintenance)
Special Tax Election, March 28, 2011. 3 3 3 0
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:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY
Exhibit A
Page 1
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2011-17 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,
City Clerk of the City of Gilroy
(Seal)