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)