Loading...
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: 'I I 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 r" I'"" ''', ! I \......,: ri , I I ' -...i 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 ~--