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Ord 0442- CALLING A SPECIAL ELECTION TO BE HELD ON THE 15TH DAY OF OCTOBER, 1957ORDINANCE NO.~ AN ORDINANCE OF THE TOWN OF LOTS GATOS CALLING A SPECIAL ELECTION TO BE HELD ON THE 15th day OF OCTOBER, 1957, PERTAINING TO THE ANNEXATION OF POLLARD ROAD NO. 1 ANNEXATION TO THE TO~JN OF LOTS GATOS. WHEREAS, by Resolution of the Town Council of the Town of Los Gatos, dated July 8, 1957, the Town Council of the Town of Los Gatos declared its intention to call a special election in certain i nhabit-ed territory- contiguous to said town proposed to be annexed to said town, for t-he purpose of sub- to the a~:~ua" ._._:_ad electors residing is ;'3aid territory _ ~ the question whether or not said territory shall be arr exed to aid town; and jiliE R.EAS, a copy of said Resolution was published as required by law; and 711EREAS,,on August 5, 1957, at the hour of 7:30 p. m. in the Council Chamber R, of the Town of Los, Gatos said Resolution and said continued to the hour of August, 1957, to be held Council in the Town 1-1all Dom of the Town Council in the Town Hall a public hearing was held pursuant to public hearing was duly and regularly 7:30 p. m. on Monday, the 19th day of in the Council Chamber Room of the Town of the Town of Los Gatos; and WHEREAS, said hearings were duly held and conducted as required by law, and all personas owning real property within the said territory so proposed to be annexed and having any ob- jections to the proposed annexation desiring to be beard, were heard, and owners of property within the territory so proposed to be annexed desiring to make written protests against the elections did so and said written protests were read and considered by the Town Council; and -I- ti WHEREAS, the hearing on protests was closed; and T,71-1EREAS, the Town Council being fully advised finds: That protests were not made by the o,n ers of one-half of the value of the territory proposed to be annexed as shown by the last equalized assessment roll, nor were protests made by public or private owners equal to one nal of the value of the said territory and, therefore, a majority protest has not been made in accordance with ;Section 35121 of the Government 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 15th day of October, 1957, 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 residing 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- C Beginning on the Northwesterly line of the Tow- : Limits of Los Gatos, at the point of intersection of the Easterly prolongat- ion of the Southerly line of Pollard Road, as the same now exists; thence Westerly along said Easterly prolongation of said Southerly line of Pollard Road, and continuing I'est erly along said Southerly line of Pollard Road to the angle point.at which said Southerly line of Pollard Road becomes the Southwesterly line of said Pollard Road; thence Northwesterly along said Southwesterly line of said Pollard Road to the point of intersection with the Southerly line of Wedgewood Avenue, as said intersection is shown upon the leap of the Wedgewood Subdivision, which said Map was filed for record in the office of the Recorder of -the County of Santa Clara, State of California in Book "Ell of Maps, at page 73, Santa Clara County Records; running thence in a direct line, Northeasterly to the most Southerly corner of that certain parcel of land conveyed by Mary A, Frank to Leo J. Frank, by Deed dated July 7, 1950 and recorded October 11, 1950 in Book 2072 of Official Records, page 129, Santa County Clara/Records, said most Southerly corner being in the present Northeasterly line of Pollard Road; running thence along the Northeasterly lines of Pollard Road, Northwesterly to the point of intersection thereof with the Southerly line of Parr Avenue; running thence along said Southerly line of Parr Avenue, Easterly to the point of intersection thereof with the Westerly line of Capri Drive, formerly known as San Tomas Aquino Road; running thence along the Westerly line of Capri Drive, Southerly to the point of intersect- ion thereof -tajth the Westerly prolongation of the Southerly line of that portion of Parr Avenue which extends Easterly from Capri Drive; thence running along said I~lesterly prolongation of the Southerly line of Parr Avenue, Easterly to the point of intersection thereof with the Easterly line of Capri Drive, and the ToTAm Limits of the Totirn of Los Gatos; running thence along said Easterly line of Capri Drive, Southerly to the point of intersection thereof TrAth the Northeasterly line of that certain parcel of land conveyed by A.M. -1- Davison, as Trustee to Bill Vlamis, by Trustee's Deed dated July 6; 1934, recorded duly 26, 1934 in Book 697 of Official Records, page 246, Santa Clara County Records; running thence along said North- the easterly line of/parcel of land so conveyed to Vlamis, and the South= easterly prolongation thereof, Southeasterly to the point of inter- section of said prolonged line with the Southeasterly line of the lands of the Southern. Pacific Cor.pany; running thence along said Southeasterly line of the lands of the Southern Pacific Company, Southwesterly to the point of beginning. - 2- Section 2. The new territory hereinbefore and in said petition described is hereby designated as POLLARD ROAD NO. 1 ANNEXATION and said territory shall be indicated and referred to by the name of POLLARD ROAD 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 of the annexation of said territory to the Town of Los Gatos is sub- mitted to the electors of said Town, and the name POLLARD ROAD NO. 1 ANNEXATION whenever used in the notice of said special election hereby called in said territory, and in any and all proceedings. for the annexation of said territory,,to the Town of Los Gatos, shall mean and be construed to mean the territory hereinbefore and in sa4d 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 words: "Shall POLLARD ROAD NO. 1 ANNEXATION be annexed to the Town of Los Gatos?" Opposite these words 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, denominated as POLLARD ROAD NO. 1 ANNEXATION Election Precinct, is hereby established and designated and the place at which polls will be open for the election in said new territory herein- before described and proposed to be annexed to the Town of Los Gatos, and the following named election officers therefor are hereby appointed, to wit: POLLARD ROAD NO. 1 ANNEXATION ELECTION PRECINCT shall consist of the hereinabove described proposed territory to be annexed to the Town of Los Gatos. J .w 0 .0 Polling Place: 70 ,,4. Farr srfanue , Los Gatos, California Inspector: Sadie E.- Farns,,qortb Judge: Eetty Ea Ush a6k.. Judge: Edna Johnston For their services in connection with said election the said inspector shall receive $18.00 and said 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 clos- ing of the polls, and the conduct of the election in the territory shall conform as nearly as possible with the Election Code provisions concerning general election. 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 ballots 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 an elector stamps a cross (X) in the voting square after the word "Yes" his vote shall be counted for the annexation, and if -.he stamps a cross (X) in the voting square after the word "VNo", 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, a newspaper of 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 with the provisions of an Act of the Legislature of the State of California, entitled "An Act to Provide For the Alteration Of The Boundaries Of And For The Annexation Of Territory To Municipal Corporations. For the Incorporation Of Such Annexed Territory In And As A Part Thereof, And For The "Districting, Government And Municipal Control Of Such Annexed Territory." approved June 11, 1913, and all acts amendatory thereof and supplementary thereto and no other, which said act is designated and referred to as the "Annexation Act aE 1913.`P Section 7. This ordinance shall be published once in the LOS GATOS TIMES-SARATOGA OBSERVER, a newspaper of general cir- culation, printed and published in the Town of Los Gatos. The above and foregoing ordinance was duly and regularly in- troduced at a regular meeting of the Town Council of The Town of Los Gatos held on the 19th day of August, 1957, and was there- after on the 26th day of August , 1957, at a con- tinued regular meeting duly and regularly adopted by the following vote: AYES: COUNCILMEN: Wm, O. Graham James F. Thompson Alberto E. Merrill NOES: COUNCILMEN: None ABSENT: COUNCILMEN: H. F. Boone ATTEST: BEVERLY H. BLA TMICK BY ; DEPUTY James A. Stoops Va OR O T RE TO~tm OF ITS