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
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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
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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
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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:
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, City ClerkJ___
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ORDINANCE NO. 982
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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.
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May
, 19 73', at which
IN WITNESS WHEREOF, I I have hereunto
: I
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official seal of the City of Gilroi, this
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City Clerk of. the City of G i I roy,/-.,
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set my hand and affixed the
9th day of May
, 19-1-3.
(S ea 1)