Loading...
HomeMy WebLinkAboutResolution - City Council - 79-010 - 1979-01-16u F oL e *0 C I t RESOLUTION No. 7 RESOLUTION INITIATING PROC734EDINGS, FOR THE REORGANIZATION OF THE CITY OF FRESNO AND THE NORTH CENTRAL FIRE PROTEC- TION DISTRICT, INVOLVING UNINHABITED TERRITORY DESCRIBED HEREIN ANDDESIGNATED AS THE PROPOSED FAIR140NT-FRUIT NO. 2 DISTRICT REORGANIZATION, SETTING THE TIME, DATE, AND PLACE FOR HEARING PROTESTS THEREFOR, AND GIVING NOTICE THEREOF. WHEREAS, proceedings for a proposed reorganization were commenced by the City of Fresno pursuant to its Resolution of Application Resolution No. 78-487 adopted on November 7. 1978; and WHEREAS, the Fresno Local Agency Formation Conmission,, on the 20th day of December, 1978, met at the noticed tirrie and place and considered all matters relevant to the proposed reorganization and heard all persons interested therein, and adopted, at the time and in the form and manner prescribed by law, its Resolu- tion No. RO-78-39, Making Determinations and Approving the Proposed Fairmont -Fruit No. 2 District Reorganization, a copy of which is attached hereto and identified as Exhibit "A"; and WHEREAS, the Fresno County Assessor's Roll will be used for the purpose of levying any assessments or taxes on the subject property; and WHEREAS, the subject territory proposed to be annexed to the City of Fresno shall be exempt from taxation for the payment of principal or interest, or any other amounts which shall become due on account of any outstarding bonded indebted- ness incurred by the City prior to the effective date of such annexation. Upon completion of the reorganization proceedings for this Proposal the subject terri- tory will be included in Municipal Bond Area "D" and will not be taxed for any existing bonded indebtedness or contractural obligation.. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the Council of the City of Fresno, as follows; 1. Proceedings are hereby initiated for the proposed Fair-mont-Fruit No. 2 District Reorganization, as described in attached Exhibit "B" and graphically depicted upon the map marked Exhibit "C", wherein the City of Fresno and the North Central Fire Protection District are each subject to a change of organiza- tion. 2. All of the subject territory affected is within the County of Fresno. 3. For the purpose of the proposed reorganization, the subject territory is found to be uninhabited. 4. The reasons for this proposed reorganization are as follows: a. Annexation of the subject territory to the CLty of Fresno will PAC-SM0 cz� Page 1 of 3 Pages am -2- result in improved land use planning. all private development controls of the City will apply following annexation. b. The subject territory is within the City of Fresno's Sphere of Influence. c. A property owner within the area has expressed a desire to annex to the City. d. The consolidation of the subject area into one detachment - annexation project is beneficial to the affected goverp-mental process and the resultant City and District boundaries. 5. The Proposed reorganization requires the annexation of certain terri- tory to the City of Fresno and the detachment of same territory from the North Central Fire Protection District. 6. February 20,1979, at the hour of 2:30 p.m., in the Council Chamber, City Hall, 2326 Fresno Street, Fresno, California, a date not less than fifteen days nor more than sixty days after the date of adoption of this resolution, is hereby established as the time, date, and place of hearing on the proposed reorgan-- ization. At this time and place any interested person desiring to protest said reorganization shall do so by written communication filed with the Clerk of the City of Fresno no later than the hour set for hearing. A written protest by a landowner shall contain a description sufficient to identify the land ovmed by him. 7. The Clerk of the City of Fresno shall give notice of such hearing once a week for two successive weeks in a newspaper of general circulation within the affected District, City, and County; said publication to be commenced at least fifteen days prior to the date specified herein for hearing, with at least five days intervening between the respective publication dates not counting such pub- lication dates. 8. The Clerk shall further cause a copy of this resolution to be posted on or near the door of the meeting place of the Council; said posting to be commenced at least fifteen days prior to the date specified herein for hearing and continue to the time of said hearing. 9. The Clerk shall further cause notice to be mailed to each person owning land within the subject territory as shown on the last equalized assessment roll, at the address shown upon such assessment roll, and to all persons and affected cities or districts, if any, which have filed a written request for such notice. This mailing shall be by first class mail, postage prepaid, at least fifteen days Page 2 of 3 Pages Zi prior to the day specified herein for the hearing. 10. The Clerk shall be hereby instructed to forward a copy of this resolution to the Executive Officer of the Fresno Local Agency Formation ComAssion. CLERK'S CERTIFICATION STATE OF CALIFORNIA COUNTY OF FRESNO ss. CITY OF FRESNO I, JACQUELINE L. RYLE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 16th day of January__, 1979. GAK:AJH:co 12/26/78 or: JACQUELINE L. RYLE City Clerk Page 3 of 3 Pages C-M UkSOLUTION NO. RO-78-23 A 3 4 5 6 7 8 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 COUNTY or FRESNO 2'RESNO, CALIFORNIA MAKING DETERMINATION AND APPROVING) PROPOSED "TYLER-GARDEN #2" REORGANIZATION RESOLUTION OF THE FRESNO LOCAL AGENCY FORMATION COMMISSION - - - - - - - - - - WHEREAS, preliminary proceedings have been initiated by the City of Fresno to annex certain territory to the City of Fresno and detach from Mid -Valley Fire Protection District in the County I of Fresno; and WHEREAS, an application for said proposal has been accepted for filing by the Executive Officer of this Local Agency Formation I commission pursuant to Title 6, Division 1, Part 2 of the I Government Code; and WHEREAS, said application was set for hearing by the Executive I officer on the 25th day of October 1978 at the hour of 2;00 P.M. of said day, and, at the request of a' -,.property owner, continued to November 29, 1978, at 3:15 P.M.; and WHEREAS, notice of the hearing of said application was duly given by mail, posting, and newspaper publication as required by law; and WHEREAS, the Executive Officer has reviewed said application and prepared a report, including his recommendations thereon, said application and report having been presented to and considered by this Commission; and WHEREAS, this Commission has considered all relevant factors and heard all interested parties wishing to speak on said application; and WHEREAS, the proposed project was found to be categorically exempted from the provisions of the California Environmental Quality Act. The Commission has also found that the proposed inclusion will have no environmental impact beyond that addressed in the information submitted in the environmental finding for the proposal. NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation 4. EXHIBIT 'At 4 11 2 3 4 f k 5 i I 6 7 8. r 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 i 231 24 25 26 27 28 29 30 31 32 COUNTY OF FRESNO 'RESNO, CAUFCRNIA Lim 0 Commission of the County of Fresno does HEREBY RESOLVE, DETEMINE I AND ORDER as follows Section 1. This Commission certifies it has reviewed and, considered the environmental finding. Section 2. Said proposal is approved subject to the terms and conditions hereinafter specified. Section 3. Any resolution of the conducting agency ordering this reorganization shall provide that such reorganization shall be subject to the following terms and conditions: 1. Parcels 7, 8, 9, 10, 11 12, 13, 14 15 and 1 of Book 456, page 232 be included in the boundaries of the proposal and revised map and description, approved by the County Assessor's office, be submitted to the Local Agency Formation Commission prior to further proceedings. Section 4. The boundaries.of the territory proposed to be reorganized, as set forth in attached Exhibit A and as amended: by condition, are approved. Said territory is found to be inhabited and is assigned the following distinctive short form designation: Tyler -Garden # 2 . Section 5. The City of Fresno is designated as the conducting agency and the governing body of said agency is hereby directed to initiate reorganization proceedings in compliance with this resolution. Section 6. Further proceedings shall be initiated, conducted, and completed pursuant to required law. proceedings and any resolution of approval shall comply with the Commission resolution of approval. Section 7. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56272 of the Government Code. 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 COUNTY Or FRKSNO FRESNO, CAUFORNIA ADOPTED this 29th day of November 1978 by the following vote: AYES: Valdez, Howard, Donaldson, Johnson, Albright NOES: None ABSENT: None STATE OF CALIFORNIA) COUNTY OF FRESNO I, MARVIN L. PANTER, Executive Officer of the Local Agency Formation Commission certify that the foregoing resolution was adopted by the Fresno County Local Agency Formation Commission, California, at a regular meeting held on the 29th day of November 1978. MARVIN L. PANTER,. Executive officer 4 TYLER-GARDEK NO. 2 DISTRICT REORGANIZATION AREA TO BE DETACHED FRO14 THE MID VALLEY FIRE PROTECTION DISTRICT AND ANNEXED TO THE CITY OF FRESNO. Consists of a portion of Lot 2, Block 5 and Lots 1-4, inclusive, Block 6 of Belmont Gardens and a portion of Section 31, 13/21, M.D.M. BEGINNING at the intersection of a line which is 30.00 feet North of, and parallel with, the North line of Lot 2, Block 5 of Belmont Gardens,, according to the map thereof, filed in the Office of the County Recorder June 4, 1936, and recorded in Volume 11 of the Plats at page 39, Fresno County Records wi:h a line which is 30.00 feet East of, and parallel with, the East line of said Lot 2, being also, a point on the existing City Limits of the City of Fresno; thence 'Westerly along said line which is 30.00 feet North of, and parallel with, the North line of said Lot 2, being also, along the said existing City Limits, to the intersection with the Northerly production of the West line of the East Two Fifths of said Lot 2; thence Southerly along the Northerly production of the Nest line of the East Two Fifths of said Lot 2 and along the West line of the East Tvio Fifths of said Lot 2 to the intersection with a line which is 125.00 feet North of, and parallel with, the South line of said Lot 2; thence Easterly along said line which is 125.00 feet North of, and parallel with, the South line of said IDt 2, and 125.00 feet North of and parallel with the Easterly production of the South line of said Lot 2, Block 5 to a point which is 30.00 feet West of the West line of Lot 1, Block 6 of said Belviont Gardens; thence Southerly,,parallel with and 30.00 feet West of the West lines of Lots 1 and 4, of said Block 6, and parallel with the Southerly production of the West line of Lot 4 of said Block 6, to the intersection with a line which is 30.00 feet South of the Westerly production of the South line of Lot 4 of said Block 6; thence Easterly parallel with the Westerly production of the South line of said Lot 4, Block 6,, and parallel with the South lines of Lots 4 and 3 of said Block 6, and parallel with the Easterly production of the South line of said Lot 3, Block 6 to the intersection with a line which is parallel with and 30.00 feet East of the Southerly production of the East line of Lot 3, Block 6; thence northerly, parallel with and 30.00 feet East of the Southerly production of the East line of said Lot 3, and parallel with the East lines of Lots 3 and 2 of said Block 6, and parallel with the Northerly production of the East line of said Lot 2, Block 6, to the intersection with a line which is parallel with and 30.00 feet North of the Easterly production of the North line of said Lot 2, Block 6; thence Westerly, parallel with and 30.00 feet North of the Easterly production of the North line of said Lot 2, and parallel with the North lines of Lots 2 and 1 of said Block 6, and parallel with the Westerly production of the North line of said Lot 11 Block 6, to the POINT OF BEGINNING. Drawning No. 6-A-9a4 File No. 1954 Contains 10.77 Acres 12/19/78 im 1; EXHIBIT Q : ••.� • • • • • • • • • • • • • • • • • • •�i '♦ • •• • •. •. .�. ••• 1•. • • • • • • •• • • • • • ••••�� • • •. • 1 .j. r 30� .;M PT. OF BEG. ... / . . .. . -E'..PA R VE Y LEGEND EXISTING C I T Y AREA AREA TO 9E LEWNEDFROM TAIE MID VALLY TI-RE /090TECTION D/S TRICT & AAvA'E,vED To C/TY OF FR E SNO ADDED ADDRESS SYSTEM TYLER -GARDEN A14.2 --- ,D15TRICT_ REDRGA N /ZA ;''ION 0o0R. L OT.Z, BLK. S, LOTS -9, /NCL , BLK,�o B£LMONT GARDEN ,gN1U - FILE N° /954 ANNEX N ° ACRES = 10- 77 DR. BY. DATE: =2 6_A_ _9� SCALE_ -� - ZD.Q EXHIBIT 'C'