Ord 0330- CALLING A SPECIAL ANNEXATION ELECTION TO BE HELD AN ORDINANCEORDINANCE No. 330
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AN ORDINANCE CALLING A SPECIAL ANNEXATION ELECTION TO BE HELD ON
THE 24th day of APRIL, 1951, IN CERTAIN TERRITORY IN THE COUNTY
OF SANTA CLARA AND CONTIGUOUS TO THE TOWN OF LOS GATOS PROPOSED
TO BE ANNEXED TO SAID TOWN OF LOS GATOS PROVIDING FOR THE HOLDING
OF SUCH ELECTION AND SUBMITTING TO THE ELECTORS RESIDING IN SUCH
TERRITORY THE QUESTION WHETHER SUCH TERRITORY SHALL BE ANNEXED TO,
INCORPORATED IN AND MADE A PART OF SAID TOWN OF LOS GATOS, DESIG-
NATING SAID TERRITORY BY THE NAME OF "MARIPOSA-BRUCE ANN1'X{',
ESTABLISHING ANDDESIGNATING THE VOTING PRECINCT'AND POLLING PLACE
IN-SAID TERRITORY, APPOINTING THE OFFICERS OF ELECTION FOR SAID
SPECIAL ELECTION AND PROVIDING FOR THE PUBLICATION OF NOTICE OF
SUCH SPECIAL ELECTION.
WHE ERAS, the Town Council of the Town of Los Gatos
on November 6, 1950, received a written petition for consent of
the Town Council of the Town of Los Gatos approving proceedings
being commenced for the annexation of inhabited territory under
the Annexation Act of 1913 which said petition isms signed by
qualified electors residing in said territory and described the
specific boundaries of said territory which is contiguous to the
Town of Los Gatos and requested the Town Council to refer this
matter to the Planning Commission of the Town Of Los Gatos for
its report and recommendation; and
WHEREAS, on November 6, 1950, at a regular meeting
of the Town Council of the Town of Los Gatos, the Town Council
duly and regularly passed and adopted a resolution referring the
matter to the Planning Commission of the Town of Los Gatos for
its investigation, report and recommendation; and
WHEREAS., the Planning Commission made its investiga-
tion and made its report and recommendation dated November 10,
1950, and filed the same with the Town Council, wherein it found
that the proposed territory was suitable for annexation and that
the design of the subdivision and the constructions and improve-
ments therein are not inferior to the standards required by the
Town Ordinances and regulations and recommended that the Town
Council consent to proceedings being commenced for the annexation
of the said territory to the Town of Los Gatos; and
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WHEREAS, at a continued regular meeting of the Town
Council of the Town of Los Gatos held on November 15, 1950, the
Town Council duly and regularly passed and adopted its resolution
consenting to the proceedings being commenced for the annexation
of the said territory pursuant to the Annexation Act of 1913; and
WHEREAS, thereafter pursuant to Section 1702 of the Election
Code and on November 29, 1950, a Notice of Intention to Circulate
a Petition for the Annexation of said Territory was published in
the Los Gatos Daily Times,'a newspaper of general circulation,
printed and published in the Town of Los Gatos, which said notice
contained the names of the proponents intending to circulate the
petition and the specific boundaries of the territory proposed
to be annexed and was accompanied by a printed statement not
exceeding 500 words in length containing reasons for the peti-
tion and on December 6, 1950, and within ten days after the
publication the proponents caused to be filed with the Town Clerk
of the Town of Los Gatos a copy of the notice and accompanying
statement and an affidavit of the publication thereof; and
WHEREAS... on December ls, 19502 and within fifteen days
after said filing and at a regular meeting of the Town Council of
the Town of Los Gatos, the Town Council duly and regularly passed
and adopted a resolution.acknowledging receipt of the notice and
approving the circulation of the said petition; and
WHEREAS, after more than twenty-one days after the said
publication of the said notice of intention and said accompanying
statement a petition was.circulated among the voters within the
area proposed to be annexed pursuant to the election code, asking
for a special election to be called and held in the territory
proposed to be annexed and requesting that notice thereof be given
as required by law and submit to the electors residing in said
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territory the question whether such new territory shall be annexed
to, incorporated within and made a part-of-the Town of Los Gatos,
and said petition was thereafter presented and filed with the Town
Council of the Town of Los Gatos; and
WHEREAS, said petition was signed by one-fourth and more
of the qualified electors residing within the territory as shown
by the Santa Clara County Registration of Voters, and contained
a description of the new territory proposed to be annexed as here-
_,„,,inafter in this ordinance described and asking that the territory
be annexed to the Town of Los Gatos, which said territory is situated
in the County of Santa Clara, State of California, and is contiguous
to the Town of Los Gatos and does not form a part of any municipal
corporation, and that said territory is inhabited and the occupants
thereof arebona fide, residents thereof; and
WHEREAS, the Town Council heretofore at a regular meeting
of the Town Council of the Town of Los Gatos on February 19, 19512
duly and regularly passed and adopted its resolution declaring its
intention to call a special election in territory designated as
Mariposa--Bruce Annex on April 24, 1951, and submit to the electors
residing in said territory the question whether such territory
shall be annexed to, incorporated within and made a part of the
Town of Los Gatos, and which resolution described the specific
boundaries of the territory proposed to be annexed and designated
the torritory by the name Mariposa-Bruce Annex, and which resolu-
tion fixed Monday, the 12th day of March, 1951, at the hour of
8 o'clock P. M. in the Council Chamber Room of the Town Council
in the. Town Hall of the Town of Los Gatos as the time and place,
when and where any person owning real property ~-7ithin the said
territory so proposed to be annexed and having any objections
to the broposed annexation might appear before the Town Council
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and show cause why such territory'should not be so annexed, and
mhich resolution provided that at any time not later than the hour
set for hearing objections to the proposed election any owner
of property within said territory might make written protest
against the election which written protests were to be filed
with the Town Clerk and state in general terms the name of the
owner or the names of the owners of the property affected there-
by and the location and area of such property and directed the
Town Clerk to cause a copy of the resolution to be published
at least once a week for the two weeks prior to said hearing in
the Los Gatos Daily Times, a newspaper of general circulation,
published in the Town of Los Gatos, there being no newspaper of
general circulation published in the territory proposed to be
annexed; and
WHEREAS, the Town Clerk duly and regularly caused a copy
of said resolution to be published in the Los Gatos Daily Times
on February 26,'1951, and on March 52 1951, and in the form and
for the time required by the Annexation Act of 1913; and
WHEREAS, at a continued regular meeting of the Town Council
held on March 12, 1951, and at the time and place set for hearing
protests, the Town Council heard and passed upon all protests made
and finds that protests are not made by owners of a majority of
the separate parcels of property; and
IHEREAS, all the steps required by law to give said Town
Council jurisdiction to call said special election were had and
taken in the manner and form and at the times and places required
by law; NOTNT, THEREFORE,
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS
Section 1. That a special annexation election be, and
the same is hereby called to be held on Tuesday, the 24th day of
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April, 1951, in said new territory hereinbefore mentioned and
in the aforesaid petition described and proposed to be annexed
to the Town of Los Gatos for the purpose of submitting to the
electors residing in the said territory the question whether it
shall be annexed to and incorporated within the 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 I' it :
Beginning at the point of intersection of the westerly
boundary line of the Town of Los Gatos with the projection
southeasterly of the southerly line of Tract No. 2921
(Mariposa Court) as the same is shown on the map thereof
recorded May 6, 1946, in Book 10 of maps at page 11 there-
in in the office of the County Recorder of Santa Clara
County, California, and running thence northwesterly along
said projection and along said southerly line to the south-
westerly corner of said Tract 292; thence northeasterly
along the westerly boundary of said Tract 292 to the north-
westerly corner of said Tract, which said northwesterly
corner is in the southerly line of Bruce Heights as the
same is shown on the map thereof recorded June 7, 1928, in
Book "Xti of Maps at page 6 therein in the office of the
County Recorder of Santa Clara County, California; thence
northwesterly along said southerly line to the easterly
line of Lot "B", which is also the Easterly line of Rose
Avenue, as shown on said map of Bruce Heights; thence north-
erly along said easterly line of Rose Avenue to the Northerly
line of Lot 14 as shown on said map of Bruce Heights; thence
Southeasterly along the northerly line of lots 14 to 26 and
the Southeasterly projection of said line across San Benito
Avenue and further Southeasterly along the Northerly line of
lots 56 and 5'7 as same are shown on referred to map of Bruce
Heights to the Northeast corner of said Lot 57 thence Northerly
a distance of six feet along the easterly boundary of that
certain area of land conveyed from Lewis E. Bruce and Alice
J. Bruce to Maretta B.. Gianola and George C. Gianola under
Parcel 2 of deed dated January 10, 1944 and recorded February
25, 1944, in Book 1193 of Official Records at page 39 records
of County Recorder of Santa Clara County, California; thence
Southeasterly along the Northerly boundary to the Northeasterly
corner of said parcel thence southerly along the Easterly
boundary of said parcel to the projection westerly of the
Northerly line of that certain parcel of land conveyed from
Lewis E. Bruce and Alice J. Bruce to Harold William Robbins
and Billie Ann Robbins by deed dated August 25, 1944, and
recorded August 30, 1944, in Book 1212 of Official Records
at page 48'7 records of County Recorder of Santa Clara County,
California, thence Southeasterly along said projection and
said Northerly line of lands conveyed to Robbins to the
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.Northeasterly corner of said parcel, conveyed to Robbins,
thence Northerly, Easterly, Northerly and Easterly along the
Westerly and Northerly boundaries of that certain parcel of
land conveyed from Alice J. Bruce to H. J. Fanger and Violet
Fanger by deed dated April 4, 1946, and recorded April 23,
1946, in Book 1351 of Official Records at page 64 records of
the County Recorder of Santa Clara County, California, to
the westerly line of the San Tomas Aquino Road; thence South-
erly along the Westerly line of said San Tomas Aquino Road to
the intersection thereof with the projection northwesterly
of the Northerly line of that certain parcel of land described
in the Deed from Will M. Beggs to George W. Monk dated February
124 1946, recorded February 21, 1946, in Book 1333 of Official
Records, page 94, Santa Clara County Records; thence South-
easterly along said projection across San Tomas Aquino Road
and along said Northerly line to the most Northeasterly corner
of said parcel, thence running Southwesterly along the South-
`easterly line of said parcel, which southeasterly line is
also the westerly line of the South Pacific Coast Railroad
Company's right of way, to the Northerly boundary line of the
Town of Los Gatos; thence Northwesterly and Southwesterly
along said Town Boundary.line to the point of beginningo
That at said special election the question whether said
new territory shall be annexed to, and incorporated within the
Town of Los Gatos shall be submitted to the electors residing
in said new territory so proposed to be annexed to said Town of
Los Gatos.
Section 2. The new territory hereinbefore and in said
petition described is hereby designated as Mariposa--Bruce Annex
and said territory shall be indicated and referred to by the
name of 1ariposa-Bruce Annex on the ballots to be used at said
special election, and upon the ballots to be used at any subse-
quent election at which the question of the annexation of said
territory to the Town of Los Gatos is submitted to the electors
of said Town, and the name Mariposa-Bruce Annex 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 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.
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Upon the ballots used at the election shall be printed
the words:
"Shall Mariposa-Bruce Annex be annexed to the Town
of Los Gatos? is
Oppositethese 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,
nested as Mariposa-Bruce Annex Election Precinct, is hereby estab-
lished~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 To~:7n of Los Gatos, and the
following named election officers therefor are hereby appointed,
to wit:
MARIPOSA-BRUCE AININEM ELECTION PRECINCT steal' consist of
the hereinabove described proposed territory to be annexed to
the Town of Los Gatos.
Polling Place: '73 Mariposa Court, Powell's Garage
Inspector: Charles Burke r
Judge: Rosa Tillman
Judge: Eleanor Bledsoe
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 pro-
visions 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 ballots to be used at said special election, or by
stamping a cross (X) in the voting square after the printed word
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"No" on such ballots. If an elector stanps a cross W 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
aster the word"loo", 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 at least once a
week for the four weeks prior to the election in the SAN JOSE MER-
CU1' HERALD , a newspaper of general circulation, printed and
published outside of the Town of Los Gatos, but in Santa Mara
County in which the territory is situated. Such notice shall
state the date of the election, to wit, Tuesday, April 24, 1951,
state distinctly the proposition to be submitted at such special
election, to wit: that it is proposed to annex to and incorporate
within the Town of Los Gatos the aforesaid territory sought to be
annexed, and shall describe specifically the boundaries of the
territory proposed to be annexed and in addition thereto such
notice shall designate said new territory as Mariposa-Bruce Annex
as the name by which the territory may be indicated upon the
election ballots, and said notice shall instruct the electors
how to vote in the election as hereinbefore provided, and there
shall be designated in such notice the voting precinct and the
place at which the polls "o=i11 be open for the election in such
new territory, established by this ordinance.
Section S. 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 Terri-
tory To Municipal Corporations, For the Incorporation Of Such
Annexed Territory In And As A. Part Whereof, And For The Districting,
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Government And ivIlunic.ipal Control Of Such Annexed Territory."
approved June 11, 1933, and all acts amendatory thereof and
slzpplementary thereto, and no other, ~nihich said act is designated
and referred to as the "Annexation Act of 1913.11
Section 7. This ordinance shall be published once in
the LOS GATOS DAILY TIDES, a newspaper of general circulation,
printed and published 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 held on the 19th day of March, 1951, and vas there-
after on the 26th day of March, 1951, at a continued regular
meeting duly and regularly adopted y the following vote;
AYES: COUNCILMEN
PAP-
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NOES: COUNCILMEN
ABSENT : COUN CI LN-1
ATTEST:
(SEAL)
TOTt CL K OF THE TOWN OF LOS GATOS
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