Ordinance 949
ORDINANCE NO. 949
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE
BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION
THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "RONAN AVENUE ANNEXATION 7l-6 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 Section 35300 and 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 hereinafter more particularly described; and
WHEREAS, it appears that the said petition has been signed
by the owners of more than one-fourth of all of the land in the
territory proposed to be annexed by area and by assessed value
as shown on the last equalized assessment roll of the County of
Santa Clara, 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 5479l 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
ORDINANCE NO. 949
the Government Code, and has held the said hearing, in accordance
therewith, made its determination upon the proposed annexation,
and has 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, the said Council of the City of Gilroy did heretofore
and on the 17th day of January, 1972, adopt Resolution no. 1614
finding the foregoing as facts and fixing Monday, the 6th day of
March, 1972, at the hour of 8:00 o'clock, p.m., of said day in the
Council Chambers in the City Hall, Gilroy, California, as the
time and place for the hearing of said petition and proposal to
annex said territory, which Resolution complied with the provisions
of Sections 35305 and 35306 of Government Code; and
WHEREAS, notice of the said hearing has been given as required
by Sections 35307 and 353ll of the said Government Code by
publication of a copy of said Resolution in the GILROY EVENING
DISPATCH, a newspaper published in the said City of Gilroy, on
the 26th day of January and the 2nd day of February, 1972, and
in the MORGAN HILL TIMES, a newspaper published in the City of
Morgan Hill, California, on the 27th day of January and the 3rd
day of February, 1972, as required by law, and the previous order
of the Council, and also by giving notice of the time and place
of the hearing to all persons and bodies to whom the law required
such notices to be given, all in the manner and within the time
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ORDINANCE NO. 949
required by law; and
WHEREAS, the said Council of the City of Gilroy has now
held the said hearing which was continued to this date and has
adopted a resolution declaring that no majority protest has been
made to the proposed annexation, and the said Council 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 more than two-thirds of the value of
the territory proposed to be annexed signed the petition herein-
before mentioned for the annexation of said territory to the City
of Gilroy, and said petition contains the written consent of said
signers, 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 in the foregoing portion of this Resolution to be
true and correct.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDA IN AS FOLLOWS:
Section I: Under the authority of the said "Uninhabited
Territory Act of 1939", as set forth in Sections 35300 to 35326
of the Government Code of the State of California, the same
being Chapter 297, Statutes of 1939, and Amendments thereto,
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ORDINANCE NOc 949
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:
BEING a portion of Block 4 and Block 8 of the North
Gilroy Tract, a Subdivision of Las Animas Rancho Lot 32
as shown on the Map of the "North Gilroy Tract" filed
for record in the office of the Santa Clara County
Recorder of the Santa Clara County, California in
Book W of Maps at Pages l4 and l5 therein; and
BEING more particularly described as follows:
BEGINNING at the southeasterly corner of Lot 4 in Block 4
as shown on said map; thence along the southerly line of
said North Gilroy Tract, (being also the northerly line
of the "Fifth Northern Addition" annexation to the City
of Gilroy as described in Ordinance No. 708 of said
city); South 880 35' 00" west 834.60 feet to the
Southwesterly corner of said North Gilroy Tract and the
centerline of Avenue H, more commonly known as Wren
Avenue); thence north 10 25' W 120' along said centerline
to the northerly line of Ronan Avenue 40 feet wide;
thence N 880 35' 00" E 834.60 feet along said northerly
line of Ronan Avenue to the point of intersection of
said northerly line of Ronan Avenue with the westerly
line of the Ronan Avenue Annexation 66-1 to the City of
Gilroy as described by Ordinance No. 767 of said city
adopted June 6, 1966; thence along said westerly line
S lO 25' E l20' to the point of beginning, and
CONTAINING THEREIN 2.299 acres more or less.
Section II: Said Council does hereby further delcare 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 of Gilroy shall be known as, and is hereby designated
as, "RONAN AVENUE ANNEXATION 71-6 TO THE CITY OF GILROY".
Section IV: This ordinance shall take affect and be in
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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 6th day of March, 1972, by the
following vote:
AYES:
COUNCILMEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT
and DUFFIN
NOES:
COUNCILMEMBERS: Nore
APPROVED:
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ABSENT: COUNCILMEMBERS: GOODRICH
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ATTEST: _ ~
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STATE OF CALIFORNIA )
)ss
County of Santa Clara)
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the foregoing is a full, true and correct copy
of an Ordinance adopted by the Council of the City of Gilroy at a
regular meeting of said Council, held on the 6th day of March,
1972, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have set my hand and affixed my seal
this 8th day of March, 1972.
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ORDINANCE NO. 949