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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 -2- 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, -3- 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 -4- ORDINANCE NO. 949 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: t: (Ii /lLlk ( ( ABSENT: COUNCILMEMBERS: GOODRICH i ATTEST: _ ~ '/))7' /./ /. '/J') , . / t;, (' -J'~.-;;):)- 1.',. l \.' f.,. tv Ii" /. IL...,. Y 6:: I' ~" Cit)!: t 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. '--J! ! () ~~"U_/ r~ It - I' .----- ,4,-- ,. / , C)).t-n1-li-(I.? City Clerk!) c/ . -5- ORDINANCE NO. 949