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HomeMy WebLinkAboutResolution - City Council - 79-048 - 1979-01-30RESOLUTION NO. 790 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,, IN THE MATTER OF THE SHAW-THORNE NO. 4-A DISTRICT REORGANIZATION ORDERING A REORGANIZA- TION TO THE CITY OF FRESNO AND THE NORTH CENTRAL FIRE PROTECTION DISTRICT WHEREAS, the Council of the City of Fresno, pursuant to Resolution No. 78-443, applying for and requesting the Fresno Local Agency Formation Commission to take appropriate proceedings for the annexation of land, more particularly described below to the City of Fresno and the detachment of the same territory from the North Central Fire Protection District and such re- organization proposal has been designated "Shaw -Thorne No. 4-A" and WHEREAS, the Fresno Local Agency Formation Commission, on the 29th day of November, 1978, at a duly noticed public hearing, considered all matters relevant to the proposed reorganization and heard all persons interested, and adopted Resolution No. RO-78-30, "Making Determination and Approving Proposed Shaw -Thorne No. 4-A Reorganization", all at the time and in the form and manner as prescribed by law; and WHEREAS, said Fresno Local Agency Formation Commission Resolution No. RO-78-30 authorized. this Council to conduct the proceedings for the reorganiza- tion in the manner provided by law; and WHEREAS, this Council pursuant to Resolution No. 78-561 initiated proceedings for said proposed reorganization and set a hearing on the proposed reorganization for the 30th day of January, 1979, at 2:30 p.m., in the Council Chamber, City Hall, 2326 Fresno Street, Fresno, California, 93721; and WHEREAS, the Council finds that the required notice of the passage of said resolution initiating proceedings for the proposed reorganization and of the time and place for hearing protests or objections to said reorganization has been published, posted, and mailed in the time, form, and manner required by law; and WHEREAS, protests or objections in writing to said reorganization delivered to the Clerk of the City of Fresno up to the hour set for hearing thereof were considered and said protests or objections in writing are on file and of record in the Office of the Clerk of the City of Fresno, County of Fresno, State of California, and all persons who desired to be heard: were heard; and PASSED cb Page 1 of 3 Pages WHEREAS, at said hearing and prior to consideration of protests, Fresno Local Agency Formation Commission's resolution making determination was pre- sented and summarized to the Council; and WHEREAS, the Council held such hearing and considered all factors required by law for a proposed reorganization and considered all testimony, protests and all evidence presented with respect thereto,- and WHEREAS, the Council determines the proposed reorganization constitutes uninhabited territory as defined by law and written protests filed and not withdrawn represented less than fifty percent (50%) of the assessed value of land :therein. NOW, THEREFORE, the Council of the City of Fresno resolves and orders: 1. The territory within those boundaries described in Exhibit "A", attached hereto and incorporated herein and more particularly depicted upon the map marked Exhibit "B" attached hereto and incorporated herein, is hereby annexed to the City of Fresno and the same territory is hereby detached from the North Central Fire Protection District of Fresno County. 2. It will be to the best interest of said territory to annex the same or detach the same, as the case may be, and that lands have not been improperly omitted from or included within said proposed annexation and detachment.: 3. The reasons for this proposed reorganization are as follows: a. The subject territory is within the City of Fresno',s Sphere of Influence. b. One owner within the area has expressed a desire to annex to the City. c. The consolidation of the subject area into one detachment -annexa- tion project is beneficial to the affected governmental processes and the resultant City and District boundaries. d. That the proposed reorganization requires the annexation of certain territory to the City ,of Fresno and the detachment of the same territory from the North Central Fire Protection District. 4. Written protests filed and not withdrawn represented less than fifty percent (50%) of the assessed value of land therein; Pane 2 of 3 Pages The Clerk of the City of Fresno shall immediately cause to be trans- mitted to the Executive Officer of the Fresno Local Agency Formation Com- mission a certified copy of this resolution. Upon the filing of the appro- priate documents by the said Executive Officer in the manner prescribed by law, the reorganization shall be completed. 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 30 t h day of January, 1 7 9 . JACQUELINE L. RYLE City Clerk By GAK/AJH/am 1/10/79 APPROVED 4y . r ,; Page 3 of 3 Pages 2 4 5 6 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 FRRSNO RESNO. CALIFORNIAi C RFX""NLUTION NO. RO-78-30 A, MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE PROPOSED "SHAW-THORNE #4-A" FRESNO LOCAL AGENCY REORGANIZATION 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 North Central Fire Protection District in the County of Fresno; and WHEREAS, an application for said proposal has been accepted for filing by the Executive officer of,this Local Agency Formation Commission pursuant to Title 6, Division 1, Part 2 of the Government Code; and WHEREAS, said application was set for hearing by the Executive Officer on the 29th day of November 1978, at the hour of 2.-05 P.M. of said day; and WHEREAS, notice of the hearing of said application was duly given by mail, posting, and newspaper publication as required by law; and WHEREAS, said 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 City staff found the proposed project to be categorically exempted from the provisions of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation Commission of the County of Fresno does HEREBY RESOLVE,, DETERMINE AND ORDER as follows. - Section 1. This Commission certifies it has reviewed and considered the environmental assessment. 2 3 4 5 6 7 a 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 OF FRESNO FRESN0,CALIFORNIA1 N �A 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: None Section. The boundaries of the territory proposed to be reorganized, as set forth in attached Exhibit A or as amended by condition, are approved. Said territory is found to be uninhabited and is assigned the following distinctive short form designation: IShaw-Thorne #4-A. 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. ADOPTED this 29th day of November 1978 by the following vote: AYES: Donaldson, Valdez, Howard, Johnson, Albright NOES: None ASSENT: 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 J adopted by the Fresno County Local Agency Formation Commission, California, at a regular meeting held on the 29th day of November 1978. a ��ky F ` MARVIN L. PANTER,, Executive Officer I SHAW--THORNE NO. 4-A DISTRICT REORGANIZATION AREA TO BE DETACHED FROM THE N.ORrrrl CENTRAL FIRE PROTECTION DISTRICT AND ANNEXED TO THE CITY OF FRESNO Consists of Lots 4 - 7, inclusive, of Fig Garden Estates No. 3 lying in Section 8, T13S, R20E, MDB&M. BEGINNING at the Northeast corner of Lot 4 of Fig Garden Estates No. 3, according to the map thereof, filed in the Office of the County Recorder April 22, 1953 and recorded in Volume 16 of the Plats at page 36, Fresno County Records, being also, a point on the existing City Limits of the City of Fresno; thence Southerly along the East line of said Lot 4, being also, along the said existing City Limits, to the Southeast corner of said Lot 4; thence Westerly along the South lines of Lots 4 - 7, inclusive, of Fig Garden Estates No. 3, being also, along the said existing City Limits, to the Southwest corner of said Lot 7; thence Northerly along the West line of said Lot 7, being also, along the said existing City Limits, to the Northwest corner of said Lot 7; thence Easterly along the North lines of said Lots 4 - 7, inclusive, to the Point of Beginning. Drawing No. 6-A-986 File No. 1956 Contains 1.31 Acres CCK/am 8/3/78 A P "M' .. ��:".��� .. /- ...���,,"'�l�w'�.7++'�•.�`�i51;?iR";•'.�.%ytaetni:'-='!."��0!7%ct.�,..:....:t',;.'..z?� 3 T NO CO. 4 WORKS NO. 21 r C W. KEATS k.i Q -N- a W x 25 26 27 28 29 30 r5l V i 24 23 22 21 20 19 /G•(. .. i 1 i 6, \yQ Z� tiy+ W. TWAIN a /oa ,5 12 13 1 14 60 N L/NE LOTS K s 6 7 ' cr- : .............V .... 1 G • , •D • 1 ,♦ •� O �• O W. W ;s Z1IV4C secr a- "3120 -- YE. U.A i Z ��' '•'�'�'�'�'�'� _- -Zr /s T/ /V G _ _.C/TY . -.AREA Executive Officer . ' .. -�REA f_To BE �ETACHE"O FRoM 7"f1E _ NoRr,q'-_ CE/v7-,Q.4L -FIRE PRoTE'CT'/ON D/S77RIC7' AND A.,V/VEXEO T"o THE C/TY D•' FRE'S/VO. ADDED AO,0RE"S-S S YSTEiY1 Shaw - Thorne No-4-A - District Reorganization L o Ts ¢ _ -7 -iNc- L US / vE EXHIBIT ' B' FILE N2 -----/9s6 _ ANNEX No ACRES = -Za DR. �Y. ✓N No . DATE: SEOTip7 p SCALES ,•s ion-A-o-- SUMMARY Fresno Local Agency Formation Commission Resolution No. RO-78-30 1. On November 29, 1978, the Commission adopted Resolution No. RO--78-30 "Making Determination and Approving the Proposed Shaw -Thorne No. 4-A District Reorganization" to annex certain territory consisting of 1.31 acres to the City of Fresno and to detach the same territory from the North Central Fire Protection District. 2. The Resolutions a. Indicates that the Commission finds the territory within the project area to be uninhabited, b. Designates the City as the conducting agency and directs the governing body of said agency to initiate reorganization pro- ceedings in compliance with this resolution. C. Specifies that proceedings shall be initiated, conducted and com leted pursuant to required law. Proceedings and any resolution of appeal shall comply with this resolution. AJH/am 1/ 10/ 79