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Ord 0391-CALLING A SPECIAL ELECTION TO BE HELD ON THE 8TH DAY OF MAY, 1956ORDINANCE NO. 3El AN ORDINANCE OF Tz7.fE TOWN OF LOS GATOS CALLING A SPECIAL ELECTION TO BE HELD ON THE 8th DAY Or lvAY, 1956, P .R- TAINING TO THE A'_'%' vE~9TI0N OF WEST SIDE NO. 1 ANNNEXATION TO THE TOWN OF LOS GATOS WHEREAS., by Resolution of the Town Council of the Town of Los Gatos, dated January 16th, 1956, the Town Council of >t,, Town of Los Gatos declared its intention to call a special elect:ior_. in certain inhabited. territory contiguous to said town proposed to be annexed to said to?an, for the purpose of sub mitting to the c]ualified electors residing in said territory the question whether or not said territory shall be annexed to said. town; and "AMEREASI a required by law; 1' HEREAS, on P. m. In the Coui Town Hall of the copy of said Resolution and February 14 'h, 1956, at icil Chamber Room of the Town. of Los; Gatos a, pub was published as the hour of 7:30 Town Council in the Lic hearing was held _our•suant to said. Resolution and said public nearing was duly and regularly continued to the hour of 7:30 p. m. on Monday, the 27th day of February, 1956, to be held in the Council Chamber Room of the Town Council in the Town Hall of the Town of Los Gatos; and N'HEPEAS, said hearings were duly, held and conducted as re- quired by la-.ti,., and all persons owning real -Property within the said. territory so proposed. to be annexed and having any objections to the proposed. annexation desiring to be heard., were heard, and owners of property within the territory so proposed to be annexe. desiring to ma_= written protests a.ga.inst the election -1- did, so and said written protests were read and considered by the Town Council; and WHEREAS, the hearing on protests was closed; and ^JHEREAS, the Town Council being fully advised finds: That protests were not made by the owners of one-half of the value of the territory proposed to be annexed as shot,,n by the last equalized assessment roll, nor were protests ?Wade by public or private owners equal to one-half of the value of the said territory and, therefore, a majority protest has not been made in accordance with Section 35121 of the Govern went. Code; and WHEREAS, all proceedings have been had in accordance with said Resolution and the Annexation.Act of 1913, reference thereto hereby being made for further particulars; NOW THEREFORE., the Town Council of the Town of Los Gatos does ordain as follows: Section 1. A special election. is hereby called to be held on the 8th day of Ivla.y, 1956, in the territory hereinafter described and proposed to be annexed to the Town of Los Gatos, for the purpose of submitting to the qualified electors re- siding in said territory the question whether or not such territory shall. be annexed to, incorporated in, and made a part of said Town of Los Gatos. That the new territory in which such special election is hereby called and shall be held is situated in the County of Santa Clara, State of California., and the specific boundaries of which are particularly described as follows, to wit: -2- Beginning on the northwesterly line of the Tom Limits, Town of Los Gatos, at the intersection with the northeasterly line of Bachman Avenue, being 50 feet in width, thence northwesterly along said northeasterly line of Bachman Avenue to the point of intersection with the northeasterly prolongation of the north- westerly line of Lot 13 of Block 2 as shown upon that certain map entitled "Glen Ridge Terraces" , which map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on August 27, 1908 in Book M of Maps, Page 29; thence southwesterly along said northeasterly prolongation of said n-m-thwesterly line to the point of intersection with the south- westerly line of said Bachman Avenue; thence southwesterly along the said northwesterly line of said Lot 13, and continuing south- westerly along the northwesterly lines of Lots 16, 17, 18, 19, 20, 21, 22 and 25, all of Block 2 of said Glen Ridge Terrace Sub- division, to the point of intersection with the northeasterly line of West Ellenwood Avenue, being 50 feet in width; thence further southwesterly along the southwesterly prolongation of the last named northwesterly line to the point of intersection with the southwesterly line of said West Ellenwood Avenue; thence south- easterly along said southwesterly line of said West Ellenwood Avenue to the point of intersection with the northerly line of Ellenwood Avenue, being 50 feet in width; thence further south- easterly along the southeasterly prolongation of said southwest- erly line of said West Ellenwood Avenue to the point of inter- section with the northerly prolongation of the westerly line of that certain parcel of land described in the Deed from Charles H.- Flowers and Cora i.. Flowers to A. R. Stanley and Tviable A. Stanley, dated April 15,. 1932, recorded October 19, 1933 in Book 657 Official Records, Page 560, Santa Clara County Records; thence southerly along said northerly prolongation of said westerly line of said last named parcel to the northwesterly corner of said parcel.; thence continuing southerly along said irresterly line of said parcel to the northwesterly corner of that certain parcel of land described in the Deed from IIatt C. Dillingham and Helen Johnson Dillingham to. Robert P. Brock and Catherine M. Brock, dated June.30, 1855, recorded July 1$; 1955 in Book 3226 Official Records,.Page 361, Santa. Clara..:County Records; thence southerly along the westerly line of said last named parcel to the point of intersection with the northwesterly line of the Town Limits, Town of Los Gatos.; thence northeasterly along said northwesterly Town Limits line to =the point of beginning. e ~t Section 2. The new territory hereinbefore and in said petition described is hereby designated as WEST SIDE NO. 1 ANNEXATION and said territory shall be indicated and referred to by the name of WEST SIDE NO. 1 ANNEXATION on the ballots to be used at said special election, and_ upon the ballots to be used at any subsequent election at which the question cf t_ne annexation of said territory to the Town of Los Gatos is submitted to the electors of said Town,' and the name WEST SIDE NO. 1 ANNEXATION whenever used in the notice of said special election hereby called in said -t-prri Cory, and in any and all proceedings for the annexation of said territory, to the Town of Los Gatos, shall mean and be con- strued to mean the territory hereinbefore and in said petition described. and so proposed by said petition to be annexed to said Town of Los Gatos. Upon the ballots used at the election shall.be printed the vjords: "Shall WEST SIDE !v0. 1 AN1~:'EX4TIO N be annexed, to the Town of Los Gatos?", Opposite these xviords shall be printed.,the words, "Yes" and "No" with a: voting square to the right of each. Section 3. For the ,purpose of holding and conducting said special: election hereby called, one voting precinct, denom.i- na.ted as T~rEST SIDE NO. 1 _ANNEXATION Electiori precinct, is hereby established. and. designated and the place at which polls will be open for the election in `said new territory hereinbefore described and proposed:. to be annexed to .the Town of Los Gatos, and the following named. election officers therefor are hereby appointed, to Wit: BEST SIDE NO. l ANNEXATIO ELECTION PRECINCT shall consist or the hereinal_,ove described proposed territory to be annexed to the ToTan of Los Gatos.. ~'olling Place: Inspector: Judge: Judge: 209 Belmont Avenue, Los Gatos, California Blanche Reynolds Emma H. Briggs Mable A. Stanley -5- Fbr their services in connection with said election, the said inspector shall receive $18.00 and sa.id_ judges $15.00 each and the person in. possession of the polling place named herein shall receive for the .use of such premises in connection with said election the sum of $20.00. Section 4. Except as otherwise provided in said. Annexation Act of 1913, the ballots used, the opening and closing of the polls, and the conduct of the election in the territory shall conform as nearly as possible with the Elections Code provisions concerning general elections. The qualified electors residing in said new territory so proposed to be annexed to the Town of Los Gatos are hereby directed to vote upon the question of the annexation of said territory to the Town of Los Gatos by stamping a cross (X) in the voting square after the printed word "Yes" on the I'allots to be used at said special election, or by stamping a, cross (X) in the voting square after the printed word "No" on such ballots.. If a.n elector stamps a cross (X) in the voting square after the word "Yes1e his vote shall be counted for the annexation, and if he stamps a .cross (X) in the voting square after the word "No", his vote shall be counted against annexation. Section. 5. The Town Clerk is hereby directed to cause notice of the special election to be published as required by said Annexation Act of <1913, at least once a week for the four weeks prior to the election in the SAN JOSE MERCURY HERALD, a newspaper o' general circulation, printed and published outside of the Town of Los Gatos, but in Santa Clara County in which the territory is situated. Section 6. The proceedings for the annexation of said new territory hereinbefore described to the Town of Los Gatos have been commenced, and shall be had and taken, under and in accordance TTith the provisions of an Act of the Legislature of the State of California, entitled "An Act to Provide For the - 6- Alteration Of The Boundaries Of And For The Annexation Of Terri- tory To Municipal Corporations, For the Incorporation Of Such Annexed Territory In And As A Part Thereof, And For The Districting, Goverr_ment And Municipal Control.Of Such. Annexed Territory." approved. June 11, 1913, and all acts amendatory whereof and supplementary thereto, -!~.nd no. other, which said act is desiznated and referred to as the "Annexation Act of 1913." Section '7a This ordinance shall. be published once in the LOS GATOS TIMES OBSERVER, a newspaper of general circulation, printed and Uub:±ished in the Town of Los Gatos. The above and foregoing ordinance was duly and regularly introduced at a regular meeting of the Town Council of The Town of Los Gatos yield on the -,.day of 1956 and was., thereaf t er on the day of 1956, at a continued regular meeting duly and regularly adopted by the following vote: AYES: COUNCILMEN a NOES. C 0 U ill?C ILIV, EN f ABSENT COUNCILiv1EN ATTESTo LTOWN CLEh.K F THE TOWN OF LOS GATOS