Ordinance 717
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ORDINANCE NO.-I.!1-
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "THIRD SOUTHERN ADDITION (3-64) TO THE CITY OF
GILROY" AND FOR THE INCORPORATION OF SUCH ANNEXED
TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR
THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF
WHEREAS, a written petition has heretofore been filed in
the office of the City Clerk of the City of Gilroy in accordance
with the provisions of the Annexation of Uninhabited Territory
Act of 1939, as set forth within Sections 35300 to 35326, inclu~
sive, of the Government Code, asking that there be annexed to
the City of Gilroy as uninhabited territory certain land located
in the County of Santa Clara, State of California, therein and
hereinafter more particularly described; and
WHEREAS, it appears that the said petition has been signed
by the owners of more than one-fourth of all of the land in the
territory proposed to be annexed by area and by assessed value
as shown on the last equalized assessment roll of the County of
Santa Clara, and that the said territory is contiguous to the
present city limits of the said City of Gilroy; and
WHEREAS, notice of intention to annex the said premises
has heretofore been filed with the Local Agency Annexation
Commission, pursuant to Section 54761 of the Government Code,
and the proposal for the annexation of said territory was there-
after submitted to the Boundary Commission of the County of Santa
Clara, and said Boundary Commission has reported upon the
definiteness and certainty of said boundaries and has approved
the same, and that a copy of a report of said Boundary Commission
has been filed with the said Local Agency Annexation Commission
of Santa Clara County, and said Commission did fix the date, time,
and place for a public hearing upon the proposed annexation, and
did give notice of said hearing, as required by Section 54763 of
( 1)
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the Government Code, and has held the said hearing, in accordance
therewith, made its determination upon the proposed annexation,
and has approved said annexation as proposed; and
WHEREAS, no petition seeking the annexation of said terri-
tory was circulated or filed nor did any officer or agency of
the City of Gilroy accept any such petition for filing nor the
Council initiate any proceedings to annex the said territory
on its own motion until after it did file a notice of intention
to annex the said territory with the said Local Agency Annexation
Commission and no further action was taken concerning the pro-
posed annexation until the said Commission rendered its decision,
as provided for in Section 54766 of the Government Code; and
WHEREAS, the said Council of the City of Gilroy did hereto-
fore and on the 17th day of February, 1964, adopt Resolution No.
804 finding the foregoing as facts and fixing Monday, the 6th
day of April, 1964, at the hour of 8:00 o!clock, p.m., of said
day in the Council Chambers in the City Hall, Gilroy, California,
as the time and place for the hearing of said petition and
proposal to annex said territory, which Resolution complied with
the provisions of Sections 35305 and 35306 of Government Code;
and
WHEREAS, notice of the said hearing has been given as
required by Sections 35307 and 35311 of the said Government Code
by publication of a copy of said Resolution in the GILROY
EVENING DISPATCH, a newspaper published in the said City of
Gilroy, on the 20th and 27th days of February, 1964, and in
the MORGAN HILL TIMES, a newspaper published in the City of
Morgan Hill, California, on the 20th and 27th days of February,
1964, as required by law, and the previous order of the Council,
and also by giving notice of the time and place of the hearing
to all persons and bodies to whom the law requires such notices
to be given, all in the manner and within the time required
by law; and
( 2)
WHEREAS, the said Council of the City of Gilroy has now
held the said hearing and no objections or protests to said
proposed annexation having been filed or made, and the said
Council having duly considered the matter of said annexation
and finding all the foregoing as facts, and de_ming it desirable
and for the best interests of the said City of Gilroy that the
said territory be annexed to the said City of Gilroy; and
WHEREAS, the owners of all of the territory proposed to be
annexed signed the petition hereinbefore mentioned for the
annexation of said territory to the City of Gilroy, and said
petition contains the written consent of said signers, pursuant
to Section 35319 of the Government Code, to the Taxation by the
City of Gilroy, upon and after the annexation of said territory
to said City, of property within said territory, to pay any and
all bonded and other indebtedness and any and all liabilities of
said City contracted prior to or after the time of annexing said
territory to the City of Gilroy, said property to be taxed for
said purpose equally with other property in said City which is
taxable for said purpose: and
WHEREAS, the said Council has found and does hereby find
that all of the allegations, declarations, and statements
contained in the foregoing portion of this Ordinance to be
true and correct.
NOW THEREFORE t THE COUNC IL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
Section I: Under the authority of the said "Uninhabited
Territory Act of 1939", as set forth in Sections 35300 to 35326
of the Government Code of the State of California, the same
being Chapter 297, Statutes of 1939, and Amendments thereto,
there is hereby annexed to the City of Gilroy as uninhabited
territory the property and premises hereinbefore mentioned,
which are more particularly described as follows, to wit:
( 3)
BEING A portion of Ranch Lots 15, 16, 48, 49, and 68, as
shown on Map No. 7 accompanying the final report of the
referees in the Las Animas Rancho Partition Suit, Action
No. 5536 had in the Superior Court of the State of California,
'in and for the County of Santa Clara, and being more particu-
larly described as follows:
"BEGINNING at the most southerly corner of the "First
Southern Addition to the City of Gilroy" as described
in Ordinance No. 643 of said City, February 6, 1961, and
running thence southeasterly along the southwesterly
line of Monterey Highway, (U.S. 101, IV-SCI-2C, 1950
layout), to the intersection thereof with the prolongation
of the southeast er l-y line of Lot 7 as shown on map
entitled "Henry Reeves Subdivision of Ranch Lot 49",
which map is recorded in Book "c" of Maps at page 47,
Santa Clara County Records; thence northeasterly along
said prolongation and the southeasterly line of Lot 7
to the most easterly corner of Lot 7; thence continuing
northeasterly along the prolongation of the southeasterly
line of Lot 7 to the intersection thereof with the north-
easterly line of the lands of the Southern Pacific Rail-
road Company shown as Ranch Lot 68 on said Map No.7;
thence northwesterly along the northeasterly line of
said Ranch Lot 68 to the intersection thereof with the
southeasterly corporate limits of the City of Gilroy
as shown on said Map No.7; thence southwesterly along
the southeasterly line of the City of Gilroy to the
intersection thereof with the southwesterly line of
Ranch Lot 681 being also the most northerly corner of
the "Second Southern Addition to the City of Gilroy"
as described in Ordinance No. 665 of said City, adopted
November 6, 1961; thence southeasterly along the north-
easterly line of said Second Southern Addition to the
most easterly corner thereof; thence southwesterly along
the southeasterly line thereof to the most southerly
corner thereof in the southwesterly line of said Monterey
Highway; thence southeasterly along the southwesterly
line of said Highway to the point of beginning,"
CONTAINING THEREIN 49.4 acres of land.
Section II: Said Council does hereby further declare and
order that all property within said designated territory shall
be taxed by the City of Gilroy upon and after its annexation to
said City, to pay any and all bonded and other indebtedness and
any and all liabilities of the City of Gilroy contracted prior
to or existing at the time of annexation of said designated
territory to the City of Gilroy, said property to be taxed for
said purposes equally with other property in said City which is
taxable for such purposes.
Section III: The said territory hereby annexed to the
City of Gilroy shall be known as, and is hereby designated as,
( 4)
"THIRD SOUTHERN ADDITION TO THE CITY OF GILROY".
Section IV: This ordinance shall take affect and be in
full force from and after the date of the filing of a certified
copy of this ordinance in the office of the Secretary of State.
PASSED AND ADOPTED the ~ day of April, 1964, by the
following vote:
AYES:
COUNCILMEMBERS : Ecka rd ,Goodr i ch, Jordan,
Quartiroli,Wentworth, and Petersen.
NOES:
COUNCILMEMBERS :Nooe
ABSENT:
COUNCILMEMBERS : Duff i n
APPROVED:
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Mayor
ATTEST:
(5)
I, SUSANNE E. PAYNE , City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No.
717
is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 6th day of 'pt~1 . 19 64 . at which meeting
a quorum was present.
I further certify that the said ordinance has been pub-
lished In accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 7th
Apri 1 . 19 64 .
day of