Ordinance 858
ORDINANCE NO. 858
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN INHABITED TERRITORY DESIGNATED
AS"WHITEHURST ANNEXATION 69-1 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 Act of 1913,
as set forth within Sections 35100 to 35158, inclusive, of
the Government Code, asking that there be annexed to the City
of Gilroy 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 all of the land in the territory
proposed to be annexed 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 54791 of the Government Code,
and the proposal for the annexation of said territory was
thereafter 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
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said hearing, as required by Section 54793 of 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
territory 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 Local Agency
Annexation Commission and no further action was taken concerning
the proposed annexation until the said Commission rendered its
decision, as provided for in Section 54797 of the Government
Code; and
WHEREAS, pursuant to Section 35015 of the Government Code
the territory proposed to be annexed may be annexed without
notice and hearing and without an election; and
WHEREAS, the said Council of the City of Gilroy having
duly considered the matter of said annexation and finding all
the foregoing as facts, and deeming 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 contained the written consent of said signers 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
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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, THE COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
Section I: Under the authority of the "Annexation Act of
1913", and Section 35015 of the Government Code of the State
of California, there is hereby annexed to the City of Gilroy
the property and premises hereinbefore mentioned, which are
more particularly described as follows, to wit:
All that certain real property located in the County of
Santa Clara, State of California, described as follows:
Lands to be Prezoned "C-1" Neighborhood Commercial District.
BEGINNING at the point of intersection of the center line
of Whitehurst Avenue (40.00 feet in width), with the
northwesterly line of Leaves1ey Road (60.00 feet in width),
as said Avenue and Road are shown upon the Map above
referred to; thence from said point of beginning north
250 20' west along said center line of Whitehurst Avenue
for a distance of 270.00 feet; thence north 640 40' east
and parallel with the said northwesterly line of
Leavesley Road for a distance of 240.00 feet; thence
south 250 20' east and parallel with said center line of
Whitehurst Avenue for a distance of 270.00 feet to a
point in the said northwesterly line of Leaves1ey Road;
thence south 640 40' west along said northwesterly line
of Leaves1ey Road for a distance of 240.00 feet to the
point of beginning.
CONTAINING 1.4888 Acres
Section II: Said Council does hereby further declare and
order that all property within said designated territory shall
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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,
"WHITEHURST ANNEXATION 69-1 TO THE CITY OF GILROY".
Section IV: This ordiance 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.
.I.2tt\t
PASSED AND ADOPTED the ~ day of July, 1969, by the
following vote:
AYES:
COUNCILMEMBERS: BATREZ, DUFFIN, PATE, SILVA,
WENTWORTH and GOODRICH
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: KENNEDY
AP ROVED: (-' , '\
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ayor
ATTEST: /',
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/....,.cL<7~ty cle'ri/7
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 858 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Counci 1 held on the 22nd day of July
, 19 69, 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 28th day of July
, 19~.
7
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City Clerk of
by
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Deputy City Clerk of
Gilroy