Resolution 459
RES 0 L UTI 0 N N O. ~
Calling election for Annexation of Fourth Western Addition
WHEREAS, there has heretofore been published in the
"Gilroy Evening Dispatch," a newspaper printed and published in
the City of Gilroy, a municipal corporation in the County of
Santa Clara, State of California, in accordance with the provisions
of the Annexation Act of 1913 (Sections 35100 to 35157, inclusive,
of the Government Code of California), a notice of intention to
circulate a petition for the annexation to the City of Girloy of
the following described territory, contiguous to the corporate
limits of the said City of Gilroy, to wit:
BEGINNING at the point of intersection of the southerly
line of the Bodfish Mill Road (Hecker Pass Highway)
as shown on said Map, with the easterly line of
Miller Avenue, and running thence along the southerly
line of the Bodfish Mill Road Westerly 410.00 feet
to the northerly common corner of the lands of L. B.
st. Clair and Clark, et al; thence along the easterly
line of the lands of John Clark, et al S. 00 46' 30"
W. 773.03 feet, more or less, to the southeasterly
corner thereof in the northerly line of Tract No. 1232,
Castlewood Park, Unit No. 2 as shown on the map thereof
recorded in Book 53 of Maps at pages 12 and 13, distant
thereon N. 890 08' 30" W. 180.00 feet from the north-
easterly corner thereof, being the northwesterly corner
Of'fract No. 506,CastlewoodlPark, Unit No.1, Book 18
of Maps, page 40; thence along the northerly line of
Castlewood Park, and the projecttion there of Units
1 and 2 S. Cl90 08' 30" E. 410.00 feet to the inter-
section thereof with the easterly line of Miller Avenue;
thence along the easterly line of Miller Avenue N. 00
46' 30" E. 773.03 feet, more or less, to the point of
beginning, and
CONTAINING THEREIN 7.276 acres of said Ranch Lot 16.
BEING a portion of Ranch Lot 16 as shown on Map No. 7
accompanying the report of the Referees in the Las Animas
Rancho Partition 3uit, Action No. 5536 had in the Superior
Court of the State of California, in and for the County
of Santa Clara, and being more particularly described
as above.
AND, WHEREAS, the said notice was published on the _~~ .. ;,~
day'of :;4~_ ~~~~, 195...L' and the affidavit of the
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publisher of the said newspaper was filed in the Office of the
Clerk of the City of Gilroy, on the 21 day of December, 1957.
AND, WHEREAS, the said petition and the signatures
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thereon have been referred to the County Clerk of the County
of Santa Clara for the purpose of having said signatures
verified and to determine whether said petition has been signed
by at least one-fourth of the qualified electors residing in
the hereinbefore described territory, and the said territory
to be annexed, and
WHEREAS, the said County Clerk has duly examined the
signatures and the registration of those whose names are signed
to said petition and has certified that there were, at the
time of the signing of said petition, 13 qualified
electors residing in the said territory, and that the signa-
tures of 10 qualified electors are signed
to said petition, and
WHEREAS, the said petition has been filed in the Office
of the City Clerk of the City of Gilroy and the Common Council
of the said City of Gilroy did heretofore adopt and pass
Resolution No. 458 which declared its intention to call a
special election to submit to the electors 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 MbndaY2 , the
17day of February, 1958, at the hour of 8:00 0'c10ck P.M at
the Council Chambers of the Common Council of the City of
Gilroy, was fixed as the time and place when and where any
person owning real property within such territory proposed to
be annexed, and having any objections thereto, may appear
before the said Council and show cause in writing why such
territory should not be annexed, and
WHEREAS, the said Resolution No. 458 and the notice
contained therein were duly published in the "Gilroy Evening
Dispatch," a newspaper printed and published in the City of
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Gilroy, California, on the :2 .3/l-c1 and
3CJLL
days
of
, 1958, as required by law" and
J it appears from the records of the County
,j
Assessor of the County of Santa Clara, State of California,
that the total assessed value of the territory proposed to be
annexed is the sum of $2,860.00; and
WHEREAS, the Common Council of the City of Gilroy has
heretofore and prior to the commencement of any of the proceed-
ings hereinbefore mentioned for the annexation of the said
territory to the City of Gilroy, consented to the said annexation
proceedings and has heretofore referred the matter of the annexa-
tion of such territory to the City Planning Commission of the City
of Gilroy and the said City Planning Commission has made its report
thereon recommending the annexation of said territory; and
\VHEREAS, the description of the territory proposed to
be annexed was, prior to the initiation of any proceedings of
annexation of said territory, submitted to the County Boundaries
Commission of the County of Santa Clara for approval of the
certainty and definitness of said description, and said Boundary
Commission has reported approving the description of said
boundary.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common
Council 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 respects; that it has been circulated in the
manner required by law, and that is is signed by more than twenty-five
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percent of the qualified electors in the said territory proposed
to be annexed to the City of Gilroy; that no protest or
objection to the said annexation was made by the owner or
owners of any property located in the territory proposed to
be annexed.
BE IT FURTHER RESOLVED, and IT IS HEREBY ORDERED that
a special election be and it is hereby called, to be held within
the said territory hereinbefore described on the 17th day of
April, 1958, to determine whether said territory should be
annexed to the City of Gilroy, and that said question be sub-
mitted to the qualified electors residing within such territory
at said election; that said election be held as required by
said Annexation Act of 1913, and that notice of said election
be published in Mor2an Hill Times, a newspaper of general circula-
tion published outside of the City of Gilroy, but in the County
of Santa Clara, at least once a week for the four weeks prior to
the said date of said election as herein fixed; that for the pur-
pose of said special election, there shall be but one election
precinct within the said area proposed to be annexed to the City
of Gilroy, which precinct shall include the entire area, and the
boundaries thereof shall be the boundaries of the territory herein-
before described, proposed to be annexed to the said City of Gilroy
and said precinct is hereby established; that the name of the area
proposed to be annexed for the purposes of the annexation proceed-
ing and the said election shall be and is hereby designated as
"The Fourth Western Addition to the City of Gilroy;"
That the said notice of said election shall state
the date of the election, state distinctly and proposition
to be submitted, described specifically the boundaries of the
territory proposed to be annexed, designate the name by which the
territory may be indicated upon the election ballots, which name
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be that given in the Resolution of intention to call a special
election, being the same as hereinbefore set forth, "The Fourth
Western Addition to the City of Gilroy," instruct the electors
how to vote in the election, and such other matters as may be
required by the said Annexation Act of 1913 and the Election
Code of the State of California;
That the officers to conduct said election are hereby
appointed and designated as follows:
Inspector Doris Williams
Judge Ruth Sargent
Judge Constance Johnson
That the polling place for such election shall be
at 451 Miller Avenue, Gilroy, California ; that the City Clerk
be and he is hereby directed to provide all supplies that may be
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necessary to properly and lawfully conduct said special election;
when the polls are closed, the officers of the election shall
count the ballots cast at such special election and count the
votes cast, respectively, for and against the proposition 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 Annexa-
tion 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 polling place hereinbefore designated in the said terri,tory
proposed to be annexed on the said 17th day of April
1958, from seven o'clock A.M. 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 thereat
canvassed, and the returns thereof made, and the result thereof
ascertained and determined as herein provided, and that in all
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particulars not prescribed by this Resolution, said election
shall be conducted as nearly as possible with the Elections
Code provisions concerning general elections; the City Clerk
shall provide ballots for the said election conforming to the
Annexation Act of 1913 and the Elections Code of the state of
California.
ADOPTED and PASSED this 17th
da y 0 f
February
A.D., 1958, by the following vote:
AYES:
Councilmen Pate, Rush, Gallo, Sanchez,
Petersen, Wentworth
NOES:
Councilmen none
ABSENT:
Councilmen none
APPROVED:
;f~ r!-/~I
ATTEST:
/tLlJ C!-a t U
City Clerk
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