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Minutes 1952/09/29 1360 Gilroy,Cal~fornia, September 29,1952. This regular adjourned meeting ot the Common Council is called to order by His Honor Mayor George C.Milias. Present:Councilmen Carl W.Pate,Courtland M.Rush,J.Hughes Kennedy, Charles Gallo,George W.White,Jack W.Ronald. A communioation is read from Stan Karp requesting a Use Permit to establish a nursery and tlower shop at the Southwest coraar of Monterey Street and Welburn Avenue. Motion by Councilman Kennedy,seconded by Councilman White and oarried that the application for a Use Perm!" hom:~Stai1jKarp to Ba~tbj:tshca. tlursery and flower shop at the Southwest corner ot Monterey Street and Welburn Avenue be referred to the Gilroy C~ty Planning Commission with particular reterence to tire zone reg- ulations tor buildings. A petition to initiate proceedings to annex certain uninhabited territory to the City of Gilroy signed by Be-Ge Manufacturing Company,by Albert Gurries,president and D.V.Stout,seoretary- treasurer; and William Lehnhof:t and Jane Manning is presented and read. It is unanimously agreed to refer the petition for annexation to the Gilroy City Planning Commission. RESOLUTION NO.283 is presented and read. Motion by Councilman Pate,seoonded by Councilman Ronald that RESOLUTION NO.283 be adopted and that Monday,November 3,1952 at 8 o'olook P...be set as the time for hearing: RESOLU'1'ION NO.2B3 RESOLUTION OF THE CmmON COUNCIL OF THE CITY OF GILROY PROVIDING FOR NOTICE OF THE PROPOSED ANNEXATION OF UNINHABITED TERRITORY, DESIGNATED AS "FIRST NORTHERN ADDITION TO THE CITY OF GILROY",TO THE CITY OF GILROY, UND!R THE ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939. WHEREAS, a written petition has heretofore been filed ~nuthe oftice of the Clerk of the City of Gilroy under the provisions of the "Annexation of Uninhabited Territory Act of 1939" as set forth within Section 35300 to 35325,inclusive,ot the Government Code of the State of California,asking that there be annexed to the City of Gilroy as uninhabited territory the following described tract of land,oontiguous to the City Limits ot the City of Gilroy,situated in the County of Santa Clara,State of California,to-wit: Beinga portion of Henry Miller's Subdivision of the southerly portion of Las Animas Ranch Lot 34 and Sub Lot 2 acoording to the ~p thereof recorded in Book "M" of Maps,page 79,Records of Santa Clara County, <# "" 1361 California,abd being more partioularly desoribed as tollows: "Beginning at the intersection of the westerly line of Murray Avenue with the northerly oorporate limits of the City of Gilroy and running thence along said westerly line N.22020.W. 407.24 feet to the line common to Lots 7 and 8 as shown on said Map;thence along the line common to Lots 7 and 8 S.67040'W. 755.49 feet; thence N.2aoaO'W. 264.28 feet to the line common to Lots 6 and 7 as shown on said Map;thence along said line S.67040'W. 40.00 feet to the westerly comrrDn corner to Lots 6 and 7;thenee along the southwesterly line or Lot 6 N.22020'W. 264.28 feet to the most westerly corner of Lot o;thence S.67037'W. 826.57 feet to the easterly line o~ the Southern Pacific Railroad Right of Way at the most westerly oorner of that certain 20 aore tract of land desoribed in deed recorded in Book 439 at page 45,Oftioial Reoords of Santa Clara County;thenoe along the easterly line of the Southern Paoitic Railroad prop- erty S.2Z020'E. 863.15 teet to the intersection thereof with the northerly oorporate limits of the City of Gilroy; thence easterly along the original oorporate limits of the City of Gilroy to the westerly line of Murray Avenie and the point ot beginning,containing therein 24.1 acres of land,more or less." and WHEREAS.lt appears that the petition has been signed by the owners of not less than one-fourth ot the area of the land in such territory and represents not less than one-fourth of the assessed value of such territory,accodring to the last preceding Equaliaed Assessment Roll of the County of Santa Clara,in whioh suoh territory issituated,and that the traot therein and herein desoribed is oontiguous with the corporate li~). of the said City of Gilroy;and, WHEREAS, the said "Annexation of Uninhabited Territory Act. of 1939" above referred to,requires that upon the filing of such a petition,a Resolution shall be adopted by the Common Counoil giving notioe of suoh proposed anmexation,and fixing the time and plaoe ot hearing when and where any person oqning real property within the said Territory proposed to be annexed may appear and objeot thereto. NOW, THEREFORE, BE IT RESOLVED that t he Common Counci 1 of the City of Gilroy hereby designates the said territory proposed to be annexed to the City of Gilroy as ftFIRST NORTHERN ADDITION TO THE CITY OF GILROY" and that said petition be referred to the City Planning Commission of the City ot: Gilroy for its report and recommendation thereon;and BE IT FURTHER RESOLVED, and it is hereby ordered that MOnday,the 3rd day of November,1952,at the hour of 8:00 o'olock P.M. of said day, in the Council Chambers of the City Hall,Gilroy,California,be, and the same is hereby fixed,as the time and place ot the hearing of said petition when and where any person owning real property within suoh tract so proposed to be annexed and having objections to the proposed annexation,amy appear before the said Common Counoil and show oause, in writing if any he had,why suoh territory should not be so annexed. PASS~D and ADOPTED this 29th day of September,1952, by the following vote: ADS: NOES: AB3EN'!'. : Councilmen Pate,Rush,Kennedy,G 110,White,Ronald. Councilmen None Councilmen None t? Att~t : ~-G.,~ Ci ty Clerk ORDINANCE NO.504 is presented and read. Motion by Councilma Rush,seconded by Councilman Pate that ORDINANCE NC.503 be adopted: ORD INANCE NO. 50! 66..~ AN ORDINANCE OF THE C TY OF GIIROY AMENDING ORDINANCE NO.428 RELATING TO THE COLLECTION OF ARBAGE A~1J) REFUSE IN THE CITY OF GILROY .A.ND REPEALING ORDINANCE N .429 FIXING THE RATES TO BE CHARGED FOR THE COLLECTION OF GARBAGE AND ESTABLISHING NEW RATES TO BE CHARGED BY THE GARBAGE COLLECTOR. 1362 Vote on the motion to adopt ORDINANCE NO.503: AYES: Councilmen Pate,Rush,Kennedy,Ga110,White,Ronald. NOES: Counoilmen None . ABSENT: Couno i lmen None. A deed from Edward Pe11in and Rosa Pellin,his wife,to the City of Gilroy for a right-of-way in and under a strip or land 5 feet wide for the purpose of providing a right-of-way for sewer lines,is presented .... and read. RESOLUTION NO.284 is presented and read: . Motion by Pate,seconded by Ronald that RESOLU!tO~ NO.284 be adopted. RESOLUTION 50.284 , ... BE IT RESOLVED by the Mayor and Common Counoil of the City ot Gilroy, that said City of Gilroy hereby acoepts the attaohedoonvey- anae and consents to the reoordation thereof: PASSED and ADOPTED this 29th day of September,l952 at a regular adjourned meeting ot: the Common Council of the City of Gilroy. AYES: Councilmen Pate,RushJKennedy,Gallo,White,Ronald. NOES: Councilmen None ABSENT1Counoilmen None. Att~t: ~\U\~ City Clerk A deed from Edward V.Peterson and 1mdge Peterson,his wife, to the .. City of Gilroy for a right-ot~way in and under a strip of land 5 .. feet wide for the purpose of providing a right-of-way for sewer lines,is presented and read. @ Motion by Counoilman Pate,seconded by Counoilman White that RESOLUT'lON NO.285 be adopted RESOLUTION NO.285 BE IT RESOLVED by the Mayor and Common Council of the City of Gilroy,that said City of Gilroy hereby aooepts the attached conveyance and consents to the recordation thereof: PASSED and ADOPTED this 29th day of September,1952 at a regular adjourned meeting of the Common Counoil ot the City of Gilroy. AYES: Councilmen Pate,Rush,Kennedy,Ballo,White,Ronald. NOES: Counc i lmen None ABSENT: Counoilmen None. Attest: (3, G \~')C. Ci ty Clerk, .. Mayor . lIIIIIlIiI Councilman White,chairman of the Sewer Cormnittee, now disousses a request from Chas.Buzzini to construct a sewer oonneotion for a dwelling he is building on East Eighth Street. After discussion it is unanimously agreed to ask Mr.Buzzini to attend the next regular meeting or the Council to discuss the matter of sewer and water ~':'''''T.T; fJ.-:::: -r The matter of sewer extension on Broad~y west of Carmel Street requested by George C.Renz is discussed and it is unanimously agreed 1363 that Mr.Renz should pay the cost ot pipe and and laying same. Adjourned subject to the oa11 of the ohair. (3. ~ ~~~ Ci ty Clerk i.