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Ordinance 936 ORDINANCE NO. 936 AN ORDINANCE OF THE CITY OF GILROY CALLING A SPECIAL MUNICIPAL ELECTION, AFTER FILING OF A VALID REFERENDUM PETITION, TO DETERMINE IF THE PREZONING OF 73 ACRES OF LAND BEING ANNEXED TO THE CITY OF GILROY TO M3 (HEAVY INDUSTRIAL) SHALL BECOME EFFECTIVE. WHEREAS, a referendum petition was submitted to the office of the City Clerk of the City of Gilroy on the 14th day of September, 1971, protesting against the adoption by the Council of Ordinance No. 935 providing for the pre zoning as M3 (Heavy Industrial) District of 73 acres of land north of Bo1sa Road and east of Monterey Highway, being annexed to the City of Gilroy, which Ordinance was adopted by the Council on the 16th day of August, 1971, to become effective on the 15th day of September, 1971, which petition requests that Ordinance No. 935 be repealed by the Councilor submitted for determination by the voters; and, WHEREAS, the Council has reconsidered the adoption of said Ordinance and after such reconsideration declines to repeal said Ordinance; and, WHEREAS, the said petition appears to be valid in form and has been so declared by the City Attorney, and the City Clerk has made her certificate and attached it to the petition showing that the petition has been signed by a sufficient number of qualified electors of the City of Gilroy as required by law and that said referendum petition should be placed upon the ballot for a special Municipal Election to be held as required by law in the City of Gilroy. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GILROY as follows: 1. A special municipal election be, and it is hereby called and ordered to be held in the City of Gilroy on Tuesday, the 23rd day of November, 1971, at which election shall be submitted to the qualified voters of said City this ordinance and the following ORDINANCE NO. 936 proposition, to wit: Shall Ordinance No. 935, adopted by the Council of the City of Gilroy on August 16, 1971, amending the Zoning Ordinance of said City by prezoning as M3 (Heavy Industrial) District 73 acres of land located north of Bo1sa Road and east of Monterey Highway, and forming a part of an annexation to the City of Gilroy, become effec tive? 2. If the majority of all votes cast at said special municipal election are in favor of the proposition submitted thereat, said ordinance shall be deemed effective. 3. Said special municipal election shall be held and conducted, the votes thereof canvassed, the returns thereof made, and result thereof ascertained and determined, and in all other particulars not prescribed by this ordinance shall be held as provided by law for general municipal elections in the City. 4. All persons qualified to vote at municipal elections in said City upon the date of the election herein provided for shall be qualified to vote upon the proposition submitted at said special municipal election. 5. Ballots for the election shall be provided of the form and to the number provided by law. On the ballots, in addition to any other printed matter which may be required by law, two voting squares shall be set off to the right of the proposition submitted at the election and set forth in Section 1 of this ordinance one having the words "Industrial Zoning - YES" printed before it and the other having the words "Industrial Zoning - NO" printed before it. 6. Standard paper ballots shall be used, and each voter to vote for the proposition and for the M3 zoning of the property shall stamp a cross (X) in the blank space opposite the words "Industrial Zoning - YES" on the ballot to the right of the proposition and to vote against the proposition and against the M3 zoning of the property, shall stamp a cross (X) in the blank space opposite the words "Industrial Zoning - NO" on the ballot to -2- ORDINANCE NO. 936 the right of the proposition. 7. The polls shall be opened at 7:00 o'clock a.m. of the day of election and shall be kept open until 8:00 o'clock p.m. of the same day, when the polls shall be closed except as to voters in line, as provided in Section 14436 of the Elections Code of the State of California. 8. The City Clerk shall be responsible for the procuring of necessary polling places, rosters, ballot boxes and other supplies for the proper conduct of said election. 9. Notice of the election hereby called shall be given by publishing this ordinance once a week for two (2) weeks in the Gilroy Evening Dispatch, a newspaper published less than six (6) days a week in said City, and such publication shall constitute notice of said e1ection~ No other notice of the election hereby called need be given. 10. This ordinance, being an ordinance calling and ordering an election, shall take effect immediately upon its adoption. PASSED AND ADOPTED this 20th day of September, 1971, by the following vote: AYES: COUNCILMEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATd~OMmJt ~~ / 'ROVED: __ , /~h~~~~~L<-:K/ , Mayor -3- ORDINANCE NO. 936 "\- ~~ ~.. ' It SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 936 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Counci I held on the 20th day of September , 19 -lL, at whi ch meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 22nd day of ~~ 'City Clerk of the City 0 Sept~ml:ler ~ J~L-. 1~ i 1 roy (S ea 1)