Ordinance 930
ORDINANCE NO. 930
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "LEAVESLEY NO. 1 ANNEXATION 71-2 TO THE CITY OF
GILROY" AND FOR THE INCORPORATION OF SUCH ANNEXED
TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR
THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF.
WHEREAS, a written petition has heretofore been filed in the
office of the City Clerk of the City of Gilroy in accordance with
the provisions of the Annexation of Uninhabited Territory Act of
1939, as set forth within Sections 35300 to 35326, inclusive, of
the Government Code, asking that there be annexed to the City of
Gilroy as uninhabited territory certain land located in the
County of Santa Clara, State of California, therein and herein-
after more particularly described; and
WHEREAS, it appears that the said petition has been signed
and consented to by the owners of all of the land in the territory
proposed to be annexed and that the said territory is contiguous
to the present city limits of the said City of Gilroy; and
WHEREAS, notice of intention to annex the said premises has
heretofore been filed with the Local Agency Annexation Commission,
pursuant to Section 54791 of the Government Code, and the
proposal for the annexation of said territory was thereafter
submitted to the Boundary Commission of the County of Santa Clara,
and said Boundary Commission has reported upon the definiteness and
certainty of said boundaries and has approved the same, and that
a copy of a report of said Boundary Commission has been filed
with the said Local Agency Annexation Commission of Santa Clara
County, and said Commission did fix the date, time and place for
a public hearing upon the proposed annexation, and did give notice
of said hearing, as required by Section 54793 of the Government
Code, and has held the said hearing, in accordance therewith,
made its determination upon the proposed annexation, and has
ORDINANCE NO. 930
approved said annexation as proposed; and
WHEREAS, no petition seeking the annexation of said territory
was circulated or filed nor did any officer or agency of the City
of Gilroy accept any such petition for filing nor the Council
initiate any proceedings to annex the said territory on its own
motion until after it did file a notice of intention to annex the
said territory with the said Local Agency Annexation Commission
and no further action was taken concerning the proposed annexation
until the said Commission rendered its decision, as provided for
in Section 54797 of the Government Code; and
WHEREAS, pursuant to Section 35015 of the Government Code
the territory proposed to be annexed may be annexed without notice
and hearing and without an election; and
WHEREAS, the said Council of the City of Gilroy having duly
considered the matter of said annexation and finding all the
foregoing as facts, and deeming it desirable and for the best
interests of the said City of Gilroy that the said territory be
annexed to the said City of Gilroy; and
WHEREAS, the owners of all of the territory proposed to be
annexed consented in writing to said annexation prior to the
adoption of this Ordinance, pursuant to Section 35319 of
the Government Code, to the Taxation by the City of Gilroy, upon
and after the annexation of said territory to said City,
of property within said territory, to pay any and all bonded
and other indebtedness and any and all liabilities of said
City contracted prior to or after the time of annexing said
territory to the City of Gilroy, said property to be taxed
for said purpose equally with other property in said City which
is taxable for said purpose; and
WHEREAS, the said Council has found and does hereby find
that all of the allegations, declarations and statements contained
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ORDINANCE NO. 930
in the foregoing portion of this Ordinance to be true and
correct.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
Section I: Under the authority of the said "Annexation of
Uninhabited Territory Act of 1939", and Section 35015 of the Govern-
ment Code of the State of California, there is hereby annexed to
the City of Gilroy as uninhabited territory the property and
premises hereinbefore mentioned, which are more particularly
described as follows, to wit:
BEGINNING at the southeasterly corner of parcel three as
said parcel is shown on that certain parcel map filed for
record in the office of the County Recorder of Santa Clara
County, California on November 21, 1969 in Book 261 of
Maps, at page 53 therein; said point of beginning being
also the point of intersection of the northerly line of
Leaves1ey Road, 60 feet wide, and the westerly boundary of
the Marcella 70-7 Annexation to the City of Gilroy
annexed by Ordinance No. 907.
Thence south 250 20' East 60 feet along said Westerly
line to the southerly line of said Leaves1ey Road,
thence south 640 40' west 186.46 feet along the southerly
line of Leaves1ey Road to the point of intersection with
the easterly line of the Whitehurst Annexation 69-1 to
the City of Gilroy annexed by Ordinance No. 863, thence
north 250 20' west 60 feet to the point of intersection
of the northerly line of said Leaves1ey Road with said
easterly line of the Whitehurst Annexation 69-1, thence
north 640 40' east 186.46 feet along said northerly line
of Leaves1ey Road to the point of beginning.
CONTAINING THEREIN .257 acres.
Section II: Said Council does hereby further declare and
order that all property within said designated territory shall
be taxed by the City of Gilroy upon and after its annexation
to said City, to pay any and all bonded and other indebtedness
and any and all liabilities of the City of Gilroy contracted
prior to or existing at the time of annexation of said designated
territory to the City of Gilroy, said property to be taxed for
said purposes equally with other property in said City which is
taxable for such purposes.
Section III: The said territory hereby annexed to the City
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ORDINANCE NO. 930
of Gilroy shall be known as, and is hereby designated as,
"LEAVESLEY NO.1 ANNEXATION 71-2 TO THE CITY OF GILROY".
Section IV: This ordinance shall take affect and be in full
force from and after the date of the filing of a certified copy
of this ordinance in the office of the Secretary of State.
PASSED AND ADOPTED this 19th day of July, 1971, by the
following vote:
AYES: COUNCILMEMBERS:
BATREZ, DUFFIN, HUGHAN, PATE,
SILVA, STOUT and GOODRICH
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
None
None
APPROVED:
7lh~FU~5~~
Mayor
ATTEST:
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City C1ekk
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ORDINANCE NO. 930
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hel-eby certify that the attached Ordinance No. 930 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 19th day of July
, 1921-, at which meeting 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 22nd day of July
, 19 B...
,I
~>'/~-;11'_1.,
/tity Clerk of the City of Gilroy
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