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Minutes 1950/04/06 1157 Gilroy, Calif. April 6, 1950. This regular adjourned meeting of the Common Counoil is oalled to order by his Honor, Mayor George C. Milias. Present: Counoilmen J.R. Wentworth, Ray L. Stevens, J.B. Thomas, Dale D. Daniels, George M. Mason and David V. Stout. The Mayor states that he wishes to fill vacancies on the Library 1" Board, the Recreation Commission and the Planning Commission. The Mayor, with the approval of the Common Counoil appoints Mrs. H.C. Weaville on the Library Board to fill the vacanoy caused by the resign- ation of Mrs. Head. The Mayor, with the approval of the Common Counoil appoints Mrs. Ansel Buletti and Mr.Owen Van Buskirk on the Recreation Commission to replace Mr. Jerome Chappell and Mr. James Jepsen whose terms have expired. Motion by Oounoilma.n Stout, seoo~ded by Councilman Stevens and carried that Mr. Smith Howard be appointed on the Planning Commission to re- plaoe Mr. Jerome Chappell whose term had expired. The Mayor states that this being the time for hearing of protests from property owners residing in territory designated as the second Western Addition to the City of Gilroy, protesting annexation to the Oity of Gilroy., the Common Council is ready to reoeive suoh protests. A written protest from Mrs. Gl.~s Downhour and Jessie Downhour, owners of a paroel of land in the territory proposed to be annexed, is read. No other written protests are received. Resolution No. 232, a Resolution of Intention to oall a Speoial Eleotion 1n the Territory proposed to be annexed to the City of Gilroy is read for the benifit of those who are present and who reside 1n said [" territory. Resolution No. 233 is presented and read. Motion by Councilman Stout, seoond by Council man Stevens that RESOLUTION NO. 233 be adopted. :aSD Jdlll ADOP'ED th::ll:T: =-l::~' ~. ~e. 1950 by the follow1ng ~e.. - AYES: Oounoilmen,J.H. Wentworth, Ray L. ite":ens, J.B. Thomas, DeJe ~e.... B. Daniele, Geo. M. Macon, Davld V. StO'lt. M-<!.. ~ NOES: Oounoilmen None ~ ABiENT: Counoilmen~~. ~~ '-A ttoot: ~L_- r:.. i.u r:!'~..A- M~ A~~~~ 1158 ~e. A meeting of the Common Counoil io aehoauled ~~ OrdInance pertaInIng to annexatIon for monday, ApPI1 10, 1950- of tern?1 toPy to the 01 ty .. -to study an M~ (of Gilroy. ~~ Adjoupned subJeot taf the ~~- to oall , -Pepnty C~~Pk_ , R ! SOL UTI 0 N N o. 233 WHEREAS, there has heretofore been published in the Gilroy Evening Dispatch, a newspaper printed and published in the City of Gilroy, a municipal corporation in the County of Santa Clara, State of California, in accordance with the provisions of the of the Annexation Act of 1913 (Sections 35100 to J5l57, inclus- ive of the Government Code of California), a notice of intention to circulate a petition for the annexation to the City of Gilroy of the following described territory, oontiguous to the corporate limits of the said City of Gilroy, to-wit: "BEING a part of Ranch Lots 16 and 20 as shown on Map No. 7 accompanying the report of the Referees in the Las Animas Partition Suit, Aotion No. 55J6, had in the Superior Court of the State of California, in and for the County of Santa Clara, and more particularly described as follows: -- I ...." BEGINNING at the interseotion of the westerly line of Princevalle Street with the Southerly line of Third Street, being in the present westerly Corporate Limits of the City of Gilroy, and running thenoe along the southerly line of Third Street to the Easterly line of Miller Avenue; thenoe westerly across Miller Avenue to the point of interseotion of the westerly line of Miller Avenue with the Southerly line of Third Street as shown on Map entitled 'Traot No. 506, Ca$tlewood Park Unit No.1', as recorded in Book 18 at page 40, of Maps, Offioial Reoords of Santa Clara County; thence along the southerly line of Third Street N. 890 lJI 30' W. 150.00 feet to the westerly line of said Castlewood Park; thence along the Westerly line of Castlewood Park S. 00 461 JO" w. 928.05 feet to the southerly line of Castlewood Park; thence along the southerly line of Oastlewood Park S. 89- 101 JO" E. 150.00 feet to the westerly line of Miller Avenue; thenoe continuing on same course 80.00 feet to the easterly line of Miller Avenue; thence along the easterly line of Miller Avenue S. O~ 461 JO" W. to its interseotion with the southerly line of Fiftp Street; thenoe easterly along the southerly line of Fifth Street to the westerly line of Prinoevalle Street; thence northerly along the westerly line of Prinoevalle Street to the Southerll line of Third Street and the point of beginning. AND, WHEREAS, the said notioe was published on the 9th day of January. 1950, and the affidavit of the publisher of the said newspaper was filed in the Office of the Clerk of the City of Gilroy, on 10th day of January. 1950. AND, WHEREAS, THE SAID PEITION AND THE SIGNATURES thereon have been referred to the County Clerk of the County of Santa Olara for the purpose of having said signatures verified and to determine whether said pe'ition has been signed by at least one-fourth of the qualified electors residing in the hereinbefore described territory, and the said terri- tory to be annexed, and WHEREAS, the said County Olerk has duly examined the signatures and ~& registration of those whose names are signed to said petition and has oertified that there were, at the time of the signing of said petition, 74 qualified eleotors residing in the said territory, and that the signa- tures of 39 qualified eleotors are signed ~ '.... r, W ~ - 1159 to said petition, and WHEREAS, the said petition has been filed in the office of the City Clerk of the City of Gilroy and the Common Counoil of the said Oity of Gilroy did heretofore adopt and pass Resolution No. 206 whioh deolared its intention to oall a speoial election to 8Ubiiiit to the eleotors residing in the territory proposed to be annexed to the City of Gilroy, the question of whether suoh territory should be so annexed, and whioh Resolution also oontained a notioe that Thursday, the 6th day of April, 1950, at the hour of 8:00 o'olook P.M. at the Council Chambers of the Common Counoil of the City of Gilroy, was fix- ed at the time and place when and where any person owning real property within such territory proposed to be annexed, and having any objeotions . thereto, may appear before the said Oounoil and show cause in writing why such territory Should not be annexed, and IHEREAS, the said Resolution No. 206 and the notioe therein oon- tained were duly published in the Gilroy Evening Dispatch, a newspaper printed and published in the Oity of Gilroy, California, on the ~ and 29th days of Maroh and 5th day of April, 1950, as required by law,and WHEREAS, objeotions in writing, to the said annexation, were filed with the said Oity Counoil, prior to the said time of hearing whioh objeotions were made by the owners of Qn! separate paroels of land within the area proposed to be annexed, and WHEREAS, it appears from the records of the County Assessor of the County of Santa Clara, State of California, that there are at least 2i- separate parcels of land within the area proposed to be annexed, and r WHEREAS, the Oommon Council of the City of Gilroy has heretofore and prior to the oommencement of any of the proceedings hereinbefore mentioned for the annexation of the said territory to the Oity of Gilroy, consented to the said annexation prooeedings and has hereto- fore referred the matter of the annexation of such territory to the City planning Commission of the City of Gilroy and the said Oity Plan- r ning Commission has made its report recommending the annexation of said territory, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the City of Gilroy, that the said petition hereinbefore referred to, for the annexation of the said territory complies with the law in all respeots; that it has been oirculated in the manner required bylaw, and that it is signed by more than twenty-five precent of the qualified electors in the said territory proposed to be annexed to the City of Gilroy; that the said protests or objections to the said annexation were made by less than one-half of the owners of the sepa- rate parcelS of land located within the territory proposed to be annexed; and BE IT FURTHER RESOLVED, and IT IS HEREBY ORDERED that a special election be and it is hereby called, to be held within the said territory hereinbefore described on the ~ day of May. 1950, to determine whether said territory should be annexed to the City of Gilroy, and that said question be submitted to the qualified electors residing within such territory at said election; that said election be held as required by the said Annexation Act of 1913, and that notice of said election be published in Mor~an Hill Times a newspaper of general circulation publiShed outside of the City of Gilroy, but in the Gounty of Santa Clara, at least once a week for the four weeks prior to the said date of said election as herein fixed; that tor!'the purpose ot said speoial election, there shall be but one election precinct within the said area proposed to be annexed to the City ot Gilroy which precinct shall include the entire area, and the bound- aries thereof shall be the poundaries of the territory hereinbefore described, proposed to be annexed to the said City ot Gilroy and said precinct is hereby established; that the name of the area proposed to be annexed tor the purposes of the annexation proceeding and the said election shall be and is hereby designated at "The Second Western Addition to the City of Gilroy"; That the said notice of said eleotion shall state the date of the eleotion, state distinctly the propOSition to be submitted, desoribe', speoifically the boundaries of the territory proposed to be annexed, designate the name by which the territory may be indioated upon the eleotion ballots whioh name shall be that given in the Resolution of 1160 intention to circulate the petition and being the same as hereinbe~ fore set forth, -The Second Western Addition to the City of Gilroy,. instruct the electors how to vote in the election, and such other matters as_may be required by the said Annexation Act of 1913 and the Election Code of the State of California; That the officers to conduct said election are hereby appointed and designated as follows: Inspector Judge Judge Alternate J.W. Lee Mrs. Orvalee BeadIer Mrs Alma Rush K.L. Peterson ~ I ....J The polling place for such election shall be at Radtke's at rear of N.W. Corner 0 4th' Princevalle Streets. that the ity lerk be and he is hereby directed to provide all supplies that may be necessary to properly and lawfully conduct said special election; when the polls are closed, the officers of the election shall count the ballots cast at such special election and count the votes cast, respectively, for and against the propostiton therein stated and make return thereof to the City Clerk of the City of Gilroy in the time, form and manner reqUired by the said Annexation Act of 1913, tor the counting, canvassing and returning of votes cast at said election; That the polls will be open and the election held in said poll- ing place hereinbefore designated in the said territory proposed to be annexed on the said 12th day of May. 1950. from 7 o'clock AM. of said day until seven o'clock P.M. of said day when the pOlls will be closed; that said special election is hereby called and notice thereof shall be given and the same shall be held and conducted and the votes there- at canvassed, and the returns thereof made, and the result thereof ascertained and determined as herein provided, and that in all part- iculars not prescribed by this Resolution, said election shall be con- ducted as nearly as pOSSible with the elections Code provisions con- cerning general elections; the City Clerk shall provide ballots tor the said election conforming to the annexation Act of 1913 and the elections Code of the State of California. ~ ...J ADOPTED AND PASSED this 1950, by the following vote: 6tlday of April , A.D., AYES: . NOES: ABSENT: Councilmen: J. H. Wentworth, Ray L. Stevens, J. B. Thomas, Dale D. Daniels, George, M. r~son, D. V. Stout. Councilmen: None Oouncilmen: None ~ ~~ I ayor. ATTEST: G.~.~. City lerk A,meeting of the COmTI10n Council is scheduled for Monday, April 10, 1950 ~. to study an ordinance pertaining to annexation of territory to the City · I of Gilroy...J Adjourned subject to call of the chair. 11/6 (Ojbl/~/ Dep. City Clerk.