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Ordinance 982 ORDINANCE NO. 982 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "GIMENEZ ANNEXATION 73-3 TO THE CITY OF GILROY" IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERN- MENT 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 hereinafter 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 a 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 -1- ORDINANCE NO. 982 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, 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 fore- going 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 aDDFxation 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 indebted- ness 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 -2- ORDINANCE NO. 982 WHEREAS, the said Council has found and does hereby find that all of thealegations, declarations and statements contained 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 Government 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: BEING a portion of that tract of land described in that certain ORDER AND DECREE OF SETTLEMENT OF ACCOUNT AND FINAL DISTRIBUTION to Milio Traverso, et aI, recorded April 25, 1944, in Book 1196 at Page 383, Official Records of Santa Clara County, described as follows: COMMENCING at the most westerly corner of the above said tract of land; thence along the northwesterly line of said tract being also the southerly line of Sixth Street, N. 700 38' 12" E., 44.60 feet; thence S. 220 51' 07" E., 299.,98 feet; thence S. 190 14' 34" E., 19.62 feet to the southwesterly line of said tract being also the easterly line of the existing City Limits as established by the Bravo Annexation 70-12 by Ordinance No. 910; thence along the existing City Limits N. 300 30' 05" W. 46.49 feet; and S. 520 51' 39" W. 68.70 feet to the original City Limits line; thence along said original City Limits line N. 190 18' 50" W., 294.34 feet to the said southerly line of Sixth Street; thence N. 700 38' 12" E., 11.50 feet to the point of beginning and Containing, d 0.425 acres of land more or less. ~\pJ&- 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 -3- ORDINANCE NO. 982 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 "GIMENEZ ANNEXATION 73-3 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 7th day of May, 1973, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE Approved: ~ , Mayor ATTEST: /' ? '/' ".,e'......,_..,-' ,.-., , . ). .:(J alli/L" I. '_ -jClUJj)~, .','. '-- , City ClerkJ___ ) -4- ORDINANCE NO. 982 - . """ \J I I I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinanc~ No. 982 is an original ordinance, du I y adopted by the Counc i I ,of the iC i ty of G i I roy' a t a regu 1 a r meet i ng of said Council held on the ith day of ! meeting a quorum was present. ! May , 19 73', at which IN WITNESS WHEREOF, I I have hereunto : I I I official seal of the City of Gilroi, this / ,/ ;1--,. -~ )/-x" / /, ) '/ " /1.' :", , ,,' '.... .,...1 ,'<, t I", ;,/'''''' ?' .,' t.c.',,)J )-)-;. < ' ';> City Clerk of. the City of G i I roy,/-., I , . /' .~ I '---~ ..- set my hand and affixed the 9th day of May , 19-1-3. (S ea 1)