Resolution 233
!!. ! SOL UTI O!. N o. 233
WHEREAS, there has heretofore been published in the Gilroy
Evening Dispatch, a newspaper printed and published in the City
of Gilroy, a munioipal oorporation in the County of Santa Olara,
State of Oalifornia, in aooordance with the provisions of the
of the Annexation Aot of 1913 (Sections J5100 to 35157, inolus-
ive of the Government Oode of Oalifornia), a notioe of intention
to circulate a petition for the annexation t6 the Oity of Gilroy
of the following described territory, contiguous to the corporate
limits of the said Oity of Gilroy, to-wit:
"BEING a part of Ranoh Lots 16 and 20 as shown on Map
No. 7 aocompanying the report of the Referees in the
~a8 Animas Partition Suit, Action No. 5536, had in
the Superior Court of the State of Oalifornia, in and
for the Oounty of Santa Olara, and more partioularly
described as follows:
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BEGINNING at the intersection of the westerly line
of Princevalle Street with the Southerly line of
Third Street, being in the present westerly Oorporate
Limits of the Oity of Gilroy, and running thence along
the southerly line of Third Street to the Easterly
line of Miller Avenue; thence westerly across Miller
Avenue to the point of lntersection of the westerly
line of Miller Avenue with the Southerly line of
Third Street as shown on Map entitled 'Tract No.
506, Oastlewood Park Unit No.1', as recorded in
Book 18 at page 40, of Maps, Official Records of
Santa Olara County; thence along the southerly line
of Third Street N. 89- 13' 30' W. 150.00 feet to the
westerly line of said Oastlewood Park; thence along
the Westerly line of Castlewood Park S. O. 46' JO'
w. 928.05 feet to the southerly line of Oastlewood
Park; thence along the southerly line of Oastlewood
Park S. 89. lOt JO' E. ISO.OO feet to the westerly
line of Miller Avenue; thence continuing on same
oourse 80.00 feet to the easterly line of Mll1er Avenue;
thence along the easterly line of Miller Avenue S. O~
46' JO. w. to its intersection with the southerly line ot
Flf~ Street; thence easterly along the southerly line
of Fifth Street to the westerly line of Prinoevalle
Street; thence northerly along the westerly line of
Princevalle Street to the Southerl{ line of Third
Street and the point of beginning.
AND, WHEREAS, the said notice wa-s published on the 9th
day of January. 1950, and the affidavit of the publisher of
the said newspaper was filed in the Office of the Olerk of the
City of Gl1roy, on lOth day ot January. 1950.
AND, WHEREAS, THE (-SAID PEITION AND THE SIGNATURES
thereon have been referred to the County Olerk of the County
of Santa Olara for the purpose of having said signatures
verified and to determine whether said pe.~t1on has been signed
by at least one-fourth of the quallfied electors residing
in the hereinbefore descr-ibed territory, and the said terri-
tory to be annexed, and
WHEREAS, the said Oounty Clerk has duly examined the
signatures and ta. re8~~tration of those whose names are signed
to said petition and-has oertified that there were, at the
time of the slgnlng of sald petition, 74 qualified
electors residing ln the said territory, and that the signa-
--- . tures ot 39 qualified eleotors are signed
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1159
to said petition, and
WHEREAS, the said petition has been filed in the offioe of the
City Clerk of the City of Gilroy and the Common Counoil of the said
Oity of Gilroy did heretofore adopt and pass Resolution No. 206
whioh declared its intention to call a speoial eleotion to SUbmit
to the eleotors residing in the territory proposed to be annexed to
the City of Gilroy, the question of whether such territory should be
so annexed, and which Resolution also contained a notice that Thursday,
the 6th day of April, 1950, at the hour of 8:00 o'clook P.M. at the
Counoil Chambers of the Common Counoil of the City of Gilroy, was fix-
ed at the time and plaoe when and where any person owning real property
within suah territory proposed to be annexed, and having any objeotions
,thereto, may appear before the said Oounoil and show cause in writing
why suoh territory Should not be annexed, and
IHEREAS, the said Resolution No. 206 and the notioe therein con-
tained were duly published in the Gilroy Evening Dispatch, a newspaper
printed and published in the City of Gilroy, California, on the ~
and 29th days of Maroh and 5th day of April, 1950, as required by law,and
WHEREAS, objeotions in writing, to the said annexation, were
filed with the said City Council, prior to the said time of hearing
whioh objections were made by the owners of ~ separate parcels of
land within the area proposed to be annexed, and
WHEREAS, it appears from the reoords of the County Assessor of
the County of Santa Clara, State of California, that there are at
least 2i- separate paroels of land within the area proposed to be
annexed, and
( WHEREAS, the Common Council of the City of Gilroy has heretofore
and prior to the cOMmenoement of any of the prooeedings hereinbefore
mentioned for the annexation of the said territory to the City of
Gilroy, consented to the said annexation prooeedings and has hereto-
fore referred the matter of the annexation of such territory to the
City planning Commission of the City of Gilroy and the said Oity Plan-
ning Commission has made its report reoommending the annexation of
said territory,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Oommon Counoil
of the City of Gilroy, that the said petition hereinbefore referred
to, for the annexation of the said territory complies with the law
in all respeots; that it has been oiroulated in the manner required
bylaw, and that it is signed by more than twenty-five preoent of the
qualified eleotors in the said territory proposed to be annexed to
the City of Gilroy; that the said protests or objections to the said
annexation were made by less than one-half of the owners of the sepa-
rate paroels-of land looated within the territory proposed to be
annexed; and
BE IT FURTHER RESOLVED, and IT IS HEREBY ORDERED that a speoial
eleotion be and it is hereby called, to be held within the said
territory hereinbefore desoribed on the ~ day of May. 1950, to
determine whether said territory should be annexed to the City of
Gilroy, and that said question be submitted to the qualified eleotors
residing within suoh territory at said eleotion; that said eleotion
be held as required by the said Annexation Act of 1913, and that
notioe of said eleotion be published in Mor~an Hill Times a newspaper
of general oirculation published outside of the City of Gilroy, but in
the County ot Santa Clara, at least onoe a week for the four weeks
prior to the said date of said election as herein fixed; that for''the
purpose of said special eleotion, there shall be but one eleotion
preoinot within the said area proposed to be annexed to the City of
Gilroy whioh pr9cinot shall inolude the entire area, and the bound-
aries thereof shall be the poundaries of the territory hereinbefore
desoribed, proposed to be annexed to the said Oity of Gilroy and said
preoinot is hereby established; that the name of the area proposed
to be annexed for the purposes of the annexation prooeeding and the
said election shall be and is hereby designated at MThe Seoond Western
Addition to the City of Gilroy";
That the said notioe of said eleotion shall state the date of the
eleotion, state distinotly the proposition to be submitted, desoribe',
speoifioally the boundaries of the territory proposed to be annexed,
designate the name by whioh the territory may be indioated upon the
election ballots whioh name shall be that given in the Resolution of
1160
intention to circulate the petition and being the same as hereinbe~
fore set forth, -The Second Western Addition to the City of Gilroy,.
instruct the eleotors how to vote in the eleotion, and suoh other
matters as_may be required by the said Annexation Act of 1913 and the
Eleotion Code of the State of California;
That the offioers to oonduot said eleotion are hereby appointed
and designated as follows:
Inspeotor
Judge
Judge
Alternate
J.W. Lee
Mrs. Orvalee Seadler
Mrs Alma Rush
K.L. Peterson
The polling plaoe for suoh eleotion shall be at Radtke's
at rear of N.W. Corner 0 4th. Princevalle Streets. that
the ity lerk e and he is hereby direoted to provide all supplies
that may be neoessary to properly and lawfully oonduct said speoial
eleotion; when the polls are closed, the offioers of the eleotion
shall oount the ballots oast at suoh speoial election and oount the
votes cast, respectively, for and against the propostiton therein
stated and make return thereof to the City Clerk of the City of Gilroy
in the time, form and manner required by the said Annexation Act of
1913, for the counting, canvassing and returning of votes cast at
said election;
That the pollS will be open and the election held in said poll-
ing place hereinbefore designated in the said territory proposed to be
annexed on the said 12th day of May. 1950. from 7 o.clock AM. of said
day until seven o'clock P.M. of said day when the polls will be closed;
that said special election is hereby called and notice thereof shall
be given and the same shall be held and conducted and the votes there-
at oanvassed, and the returns thereof made, and the result thereof
ascertained and determined as herein provided, and that in all part-
iculars not prescribed by this Resolution, said election shall be con-
ducted as nearly as pOSSible with the elections Code provisions con-
cerning general elections; the City Clerk shall provide ballots for
the said election conforming to the annexation Aot of 1913 and the
eleotions Code of the State of California.
ADOPTED AND PASSED thl s
1950, by the following vote:
6tlday of
April
, A.D.,
AYES: .
NOES:
ABSENT:
Councilmen: J. H. Wentworth, Ray L. Stevens, J. B.
Thomas, Dale D. Daniels, George, M. l~son, D. V. Stout.
Counoilmen: None
Oounoilman: None
~
I May; ~-
ATTEST:
G.~.~
City lerk
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