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Resolution 2012-14RESOLUTION NO. 2012 -14 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. 2012-1 (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. 2012 -1 (Landscape Maintenance)" (the "CFD ") and a future annexation area, 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: RESOLUTION NO. 2011-14 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 $500,000, 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 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. RESOLUTION NO. 2011-14 PASSED AND ADOPTED by the City Council of the City of Gilroy this 19'b day of March, 2012, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE- MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: COUNCELMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: Albert Pinheiro, Mayor. RESOLUTION NO. 2011-14 EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION CITY OF GILROY Community Facilities District No. 2012 -1 (Landscape Maintenance) I hereby certify that on March 19, 2012, I canvassed the returns of the election held on March 19, 2012, in the City of Gilroy Community Facilities District No. 2012 -1 (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. 2012 -1 (Landscape Maintenance) Special Tax Election, March 19, 2012. 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. 2012 -1 (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 19, 2012, commencing in the City's fiscal year 2012 -13, to pay for the municipal services described in the Resolution of Formation 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 $500,000? YES: NO: IN WITNESS WHEREOF, I HAVE HEREUNTO SE 8 0 Exhibit A Page 1 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2012 -14 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 19th day of March, 2012, 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 27`x' day of March, 2012. Clerk of the CIV 9f Gilroy (Seal)