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Minutes 1950/05/16 1168 Gilroy,California May 16,1950. This regular adjourned meeting of the Common Council is called to order by His Honor Mayor George C.IHlias. Present:Councilmen George M.Mason,J.H.Wentworth,James B.Thomas, DaleD.Da:hd.el~:-;Absent:Councilmen Ray L.Stevens,David V.Stout. , The 1~yor announces that the purpose of this meeting is to canvas the returns of the election held May 12,1950 upon the proposition of annexing The Second Western Addition to the City of Gilroy. The Mayor now appoints Councilmen Daniels and Thomas as Clerks and Councilman Mason as Judge. RESOLUTION NO.23? is presented and read. ~169 J'.iotion by Councilman Hason,seconded by Jouncilman Daniels that RESOLUTION NO. 237 be adopted: RESOLUTION NO.237 RESOLUTION CANVASSING VOT:GS OF SPECIAL ELECTION HELD IN TERRITORY DES- IGNATED AS "THE SECONT.J lTESTEHN ADDITION TO THE CITY OF GILROY" UPON THE PROPOS ITION OF ANNEXING SAID TElU'lITORY TO TIIE CITY OJ!' GILROY ANJ) DECIARING RESULTS OF THE ELECTION. ',",EEREAS, proceedings have been heretofore instituted before the Cor,llilon Council of the City of Gilroy for the annexation of certain t erri tory des ignated in sai d proceedings as"'fhe Second Viestern Add- it ion to the City of Gilroy" in acco rdance with The Annexat ion Act of 1913 as set forth in the Goverrunent Code, which said territory is located in the County cr Santa Clara contiguous to the City of Gilroy, and is 110re particularly described as follo\7s: !tBeing a 'pa:~t of Ranch Lots 16 and 20 as ~3hown on IiIap No.7 accompanyi~~ the report of the Referees in the Las Aninas Partition S'r;rit, Action No.5536, had in the Superior Court of the Sta te 0 f Cali fOJ.'lua, in a nd for the County of Santa (::lara, and nore particularly described as follows: BEGIKNING at tlle intersection of the Hesterly line of l?rincevalle Street with the South erly line 0 f Third Street, being the present westerly Cor~oorate Limits of the City of Gilroy, and running thence along the southerly line of Third Street to the erjsterly line of l:iller Avenue;thence westerly across Miller Avenue to the point of intersection of the nesterly line of LUlIe l' Avenue with the southerly line of Third Street as shown on Map entitled "Tract No. 506, Castaewood Park Unit No.1", as recorded in Book 18 at page 40, of IIaps,Official Records of Santa Clara County; thence along the southerly line of Third Street N.890 13' VI. 150 feet to the westerly line of said Castle vrood Park; thence along the He st erly line 0 f Cas tle'wood Bark S. 00 46 t 30" W. 928.05 feet to the sQutherly line of;astlevlOod Park; thence along the southerly line of Castlewood Park S. 890 10' 30" E. 150 feet to the vlesterly line of I\Iiller Avenue;thence continuing on sane course 80.00 feet to the easterly line of ljiller Avenue;thence along the easterly line of Miller Avenue S. 00 46' 30" W. to its intersection with the southerly line of Fifth Street; thence easterly along the southerly line of Fifth Street to the westerly line of Princevalle Street; thence northerly along the westerly line of Princevalle Street to the southerly line of Third Street and the point of begin- ning," and -\-;ID~REAS, after due and legal proceedings had and legal notice given, a special election was held on the 12th day of Llay,1950, in the said territory,at which election there was submitted to the voters therein the fo 110Vl ing propos it ion: Shall The Second "Sestern Addition to the City of Gilroy be annexed to the City of Gilrqy, and ~~EREAS, the returns of said election have been duly filed with the City Clerk of said City of Gilroy, as required by said Annexation Act of 1913, and the Comlon Council of said City has this 16th day of May, 1950, duly canvassed the said returns of said election in accordance with said Act; NO~ THEREFORE, the said Coru~on Council of said City of Gilroy does hereby resolve and declare as follows: 1. That said election was duly called,noticed and held in accord- ance with law. 2. That the proposition submitted to the electors in said territory hereinbefore described was: Shall ~e Second Western addition to the Ci ty 0 f Gilroy be annexed to the City of Gilroy. . 3. That the total nwnber of votes cast in said election was 77; that the nllilber of votes cast in favor of said proposition and for the annexation of said territory to the City of Gilroy was 49 and the nwnber of votes cast in said election against said proposition and against the annexation of said tB~ritory was 28. 4. That a majority of all votes cast in said election was in favor of said proposition and for the annexation of said territory to said Ci ty and the Common Counnil of the City Q.f Gilr ay may now legally annex said territory to the said city. 5. That this resolution be written into and constitute a part of the record and minutes of this meeting of the Cornmon Council. ADOPTED MJD PASSED this 16th day of May,1950 by the following vote: 1170 AYES: Councilmen George M.Llason, J. H. rIentworth, James Dale D.Daniels. Councilmen: None CounciLmen Ray L.Stevens,David B. Thomas , NOES: AffiENT: &:;,0 (f ~. Mayor ATTEST: O. ~.~ Ci ty Cler ~ ORDIl~NCE NO. 478 is presented and read. ..... Motion by:';ouncilman Daniels, seconded by Councilman Wentworth that ORDINANCE NO.478 be adopted: ORDINANCE NO.478 ORDIN.ANCE l'mMBER 478 OF rIfLE CITY OF GILROY PROVIDII\G FOR THE ALTERATION OF mill BOUl'JDARIEp OF 'TIill CITY OF GILHOY BY 'l'HE ANNEXATION OF CERTAIN TERRITORY THERETO, DESIGNATED AND KNOWN AS "THE SECOND 1,V"ESTERN ADDITION TO THE CITY OF GILROY", UNDER THE PROVISIONS OF THE ANNEXATION ACT OJP 1913, AND FOR THE IN- CORPORATION OF SUCH ill~~XED TER~ITORY IN AND AS A PART OF SUCH MUNICIPALITY AND li'OR THE DISTRICTING, GOV'ERln'IENJ: AND MUNICIPAL CONTROL OF SUCH Al'JNEXED TERRITORY. Vote on the motion to adopt ORDINANCE mO.478: AYES: Councilmen George lJI.Mason,J.H. V/entworth,James B.Thom.as, Dale D.Daniels. NOES: Counc ilmen: None ABSE1~: Councilmen Ray L.Stevens,Dav' ~ , .... ATTEST: G.C'A.~ City Cler Mr.Jesse Rubino 0' the Gilroy Garbage Disposal Service now appears before the Council to request permission to enlarge their service by securing cust~1ers outside the city limits,stating that they have about 25 requests and would expect to have about 50 additional custom- ers. Also, that they would request use of the city garbage dump to dispose of the garbage and reftlse. This matter isreferred to the Ordinance Comraittee for investigation .... and report. The matt er of bids for a car fo r use of t he Po lice Dep artment ..... presented at the May 2nd meeting is discussed. l:otion by Councilman Daniels, seconded by Councilman Hason ani carried that the bid of Jack W.Ronald for 1-1950 Studebaker,Comm- ander 6, 4 door sedan be accepted at the net price of ~?875.00; allowance on the 1949 Studebaker used by the Police Department to be $1309.75. 1171 The matter of spraying of the elm trees in the city is discussed. It is unanimously agreed to test the cost af ap:)lication of spray are to the trees that/infected the most ~he Purchasing Agent to secure the services of A. W.Appell,Deimty COUIity Eorticultural Com:nissioner, to assist him in this matter. The matter of an increase in salary for Anthony LIartin,employee of the Street and Se1;ver Departments, is discussed. It is unanimous ly agreed tha tCouncilman lIas on , chairman of the ',later Committee, and:Jouncilman ',.:entworth,chairnan of the street COHrrnittee, discuss the matter ocr salaries with Gabriel Filice and .AntJlOny I1artin, employees in the respective departments. Adjourned subject to the call of the chair. ~\Cl-~ City Clerk , .l.-v.",. V --...... -.U