Ordinance 872
ORDINANCE NO. 872
AN ORDINANCE OF THE CITY OF GILROY ESTABLISHING
DESIGNATED FLOODWAYS FOR LLAGAS CREEK AND ITS
TRIBUTARIES IN THE CITY OF GILROY.
WHEREAS, the Planning Commission of the City of Gilroy
has at the request of the Council studied the proposal to
establish Designated F100dways for L1agas Creek and its
tributaries in the City of Gilroy, Santa Clara County,
California, as more particularly described in those certain
maps filed in Book 7 of Official Plan Line Maps, at Pages 29
through 33, Santa Clara County, on May 12, 1969, incorporated
herein by reference, and
WHEREAS, the Planning Commission duly held a public
hearing upon the said proposal and notice of the said hearing
was given in the manner and for the period required by law
and said hearing has now been held at the time and place
fixed in said notice and evidence having been presented to the
Commission relating to the establishing of said Designated
F100dways and the Commission having duly considered the said
evidence and having determined that the public interest and
welfare as well as good planning requires the establishing
of said Designated F100dways in accordance with the said
proposal, and
WHEREAS, the said Council did heretofore fix Monday, the
20th day of October, 1969, at the hour of 8:00 o'clock p.m.
in the Council Chambers of the City Hall, No. 10 South
Rosanna Street, Gilroy, California, as the time and place for
holding the public hearing upon the said report and recommendation
of the said Planning Commission, and notice of said hearing
has been given as required by law, and the said hearing has
been held at the time and place fixed in the said notice, and
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after hearing the evidence presented and reasons given for
establishing Designated F1oodways, the said Council believes
that the public good and welfare and necessity requires
that Designated F100dways be established in the City of Gilroy;
NOW THEREFORE, the Council of the City of Gilroy does
ordain as follows:
SECTION I. The Council finds and declares that the area
of the City hereinafter shown and described is subject to
recurrent flooding and overflow detrimental to the health,
safety, welfare and property of the people of the City; that
the public interest necessitates sound development of land
use as land is a limited, valuable and irreplaceable resource,
and the flood p1~ of this City are a land resource to be
developed in a manner which, in conjunction with economically
justified structural measures for flood control, will result
in prevention of loss of life and of economic loss caused by
excessive flooding; that the primary responsibility for
planning, adoption and enforcement of land use regulations
to accomplish flood plaID management rests with the cognizant
local jurisdictions, namely the City of Gilroy, the City of
Morgan Hill, the County of Santa Clara and the Santa Clara
County Flood Control and Water District.
SECTION II. Pursuant to the Cobey-Alquist Flood Plain
Management Act, beginning with Section 8400 of the Water Code
of the State of California, this Council does hereby join with
the local jurisdictions named above to establish as a
Designated Floodway all those several parts or portions of
the channel of L1agas Creek and its tributaries in the City
of Gilroy, Santa Clara County, California, as more particularly
described in those certain maps filed in Book 7 of Official
Plan Line Maps, at pages 29 through 33, Santa Clara County,
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on May 12, 1969, incorporated herein by reference.
SECTION III. Construction of structures in the said
designated floodway which may endanger life or significantly
restrict the carrying capacity of the Designated F100dway is
prohibited; provided, that for the purpose of this section
the word "structures" does not include public utility,
electric, gas, or communication lines which may be located
within the Designated F100dway where any permit or permits
required by law or ordinance to so located such lines have
been granted.
SECTION IV. If any provision of this ordinance or the
application thereof to any person or circumstance is held
invalid, the remainder of the ordinance and the application
of such provision to other persons or circumstances shall
not be affected thereby.
SECTION V. This Ordinance shall take effect and be in
full force and effect thirty (30) days from and after its
adoption and approval.
This Ordinance was introduced and ordered published by
title and summary at a regular meeting of the City Council of
the City of Gilroy held on the 3rd day of November, 1969, and
finally adopted at a regular meeting held on the 17th day
November, 1969, by the following vote:
AYES: COUNCILMEMBERS: BATREZ, DUFFIN, KENNEDY, PATE,
SILVA, WENTWORTH and GOODRICH
NOES; COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST:
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APPROVED:
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Mayor
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
heleby certify that the attached Ordinance No. 872 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 17th day of November
, 19 a.., at wh i ch meet i ng a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gi Iroy, this 21st day of November
, 196L.
J
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/ City Clerk of the City of Gilroy
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