HomeMy WebLinkAboutResolution - City Council - 79-067 - 1979-02-20Ruth PouI'Le r
Ed Biel scki
RESOLUTION NO. 79 -6 7
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, IN THE MATTER OF THE FRANXLIN--ARTHUR
NO. 1 DISTRICT REORGANIZATION ORDERING A REORGANI-
ZATION TO THE CITY OF FRESNO AND THE NORTH CENTRAL
FIRE PROTECTION DISTRICT WITHOUT ELECTION
WHEREAS, proceedings for a reorganization were commended by the_Council
of the City of Fresno pursuant to its Resolution No. 7B-317 adopted on August
22, 1978, being a resolution of application by the City of Fresno,requesting the
Fresno Local Agency Formation Commission to take appropriate proceedings for the
annexation of land to the City of Fresno and the detachment of the same territory
from the North Central Fire Protection District, such reorganization proposal..has
been assigned the short form designation "Franklin -Arthur No. 1", the boundaries
of which are hereinafter more particularly "described; and
WHEREAS, subsequent to the filing of said resolution of application with the
Fresno Local. Agency Formation Commission, and subsequent to the giving of notice
of public hearing on said resolution of application by the Executive Officer of
said Commission, by mailing, posting, and publication, all at the time and in the
form and manner provided by law, said Commission did on the 25th day of October,
1978, meet at the time and place appointed therefor in said notice to consider
all matters relevant to the proposed reorganization and to hear all persons
interested therein; and
WHEREAS, at the time and place fixed for hearing before said Fresno Local
Agency Formation Commission, said Commission adopted its Resolution No. RO-78-21,
"Making Determination and Approving Proposed Franklin -Arthur No. 1 Reorganization",
on October 25 1978, all at the time and in the form .and manner as prescribed by
law; and
WHEREAS, said Fresno .Local Agency Formation Comm -scion Resolution No. RO-78-21
authorized this Council to conduct the proceedings for the reorganization in the
manner provided by law; and
WHEREAS, this Council did initiate proceedings for said proposed reorganiza-
tion by adopting on November 14, 1978, Resolution No. 78-549, generally entitled
a "Resolution Initiating Proceedings for the Reorganization of the City of Fresno
and the North Central Fire Protection'Di.stri--t" and set a hearing on the proposed
reorganization for the 19th day of December, 1978, at 3 2Q p.m., in the Council
Chamber, City Hall, 2326 Fresno Street, Fresno, California, 93721, all in the
manner prescribed by law; and
Page 1 of 3 Pages
i
WHEREAS, this 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, said hearing was duly held by this Council at said time and place
for the hearing of all objections to said proposed reorganization; and
WHEREAS, pretests 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 Clity-of Fresno, County of Fresno, State of
California, and all persons who desired to be heard: were heard; and
WHEREAS, at said hearing a copy of the Fresno Local. Agency Formation
Commission's Resolution No. RO--78--21, as corrected, making determinations was
presented and summarized to this Council; and
WHEREAS, this Council considered all factors required by law for a proposed
reorganization and considered all testimony, protests and all evidence presented
with respect thereto; and
WHEREAS, this Council determines that the proposed; reorganization constitutes
inhabited territory as defined by law and that written protest filed and not with-
drawn represented Less than twenty-five percent (25%) of the number of landowners
within all territory proposed to be annexed or detached,,,ownixzg not more than
k twenty --five percent (25 0) of the assessed value of land therein and less than twenty-.-
fire percent,:: (25%) of the voting power of voters entitled to vote as a result of
residing within or awning land within such territory.
NOW TltiMFIORE, BE IT RESOLVED by the Council, of the City of Fresno as
follows:
1.. The Council hereby rescinds its Resolution No. 78-570.
2. The territory within those boundaries described in Exhibit "'A", attached
hereto and incorporated herein by reference and more particularly depicted upon the
map marked. Exhibit "B" attached hereto and incorporated herein by reference, 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.
3. That 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 no lands have been impro-
perly omitted from or included within said proposed annexation and detachment.
Wage 2 of 3 Paged
,
R
4. That the reasons for this proposed reorganization are as follows:
a. Annexation of the subject territory to the City of Fresno will
result in improved land use planning. All private development controls
of the City of Fresno will apply following annexation.
b. The subject territory is within the City of Fresno's Sphere of
Influence.
e. Several property owners within the area have 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 governmental processes and the
resultant City and District boundaries.
t
e. The proposed: reorganization requires the annexation of certain
4 territory to the City of Fresno and the detachment of the same territory
f
from the North Central Fire Protection District.
5. That it is ordered that such reorganization be deemed consumated without
an election in that the territory is inhabited and that written protests filed
and not withdrawn represented less than twenty-five percent ;(25%) of the number of
landowners -w thin all territory proposed to be annexed or detached, owning not
more than twenty-five pexcent25)of the assessed value of Zane therein, and
less than twenty-five percent (25 %) of the voting power of voters entitled t4
vote as a result of residing 'within or owning land within such territory.
6.. The Clerk of the City of Fresno shall immediately cause to be transmitted
to, the Executive Officer of the Fresno Local. Agency Formation Commission a certi-
fied copy of this resolution. Upon the filing ,of the appropriate 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 FR.ESNO 3 ss
CITY OF FRESNC );
I, JACQUELINE L. RYLE, City Clerk of the City of Fresno, certify that the
foregoing resolution was adopted by the Council of the C ty.of Fresno, California,
at a -regular meeting held on the 2 0 t 11 day of —February , 1979 .
AAPh `'C-D AS TO MRM JACQUELINE L . RYLE
City Ab an City Clerk
u�� ppppp}
s;
x
GAx:AJH:mc
/l/7
Race 3 of 3 Fags
RES T'ION NO., E0-�7�3-21
46
*. CORRECTED
MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE
PROPOSED "FRANKLIN--ARTHUR # 1 `1 FRESNO LOCAL AGENCY
2 REORGANIZATION FORMATION COMMISSION
3
4 WHEREAS, preliminary proceedings have been initiated by the
5 City of Fresno to annex certain territory to the City of Fresno and
6 detach from North Central Fire Protection District in: the County of
7.Fresno, and
8 WHEREAS, an application for said proposal has been accepted for
9 filing by the Executive Officer of this Local Agency Formation
10 Commission pursuant to Title 6, Division 1 Part 2 of the
1.1 Government Code; and
12 WHEREAS, said application was set for hearing by the Executive
13 Officer on the 25th day of October 1978, at the hour of 1:50 P.M.
14 of said day.- and i
{
15 WHEREAS, notice of the hearing of said application was duly
16 given by mail, posting, and newspaper publication as required. by
17 law; and
18 WHEREAS, said Executive Officer has .reviewed said. application
19 and prepared a report, including his recommendations thereon, said
20 application and report having been, presented to and considered by
21 this Commission, and
22 WHEREAS, this Commission has considered: all .relevant factors
3 and heard all interested parties wishing to ,speak on said
24 application; and
25 WHEREAS, a negative declaration of environmental impact had
26 been prepared and properly noticed by the City of Fresno and said
27 negative declaration was considered by the Commission,
28 NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation`
29 Commission of the County of Fresno does HEREBY' RESOLVEI_'il DETERMINE,
30 AND ORDER as follows
31 Section 1. This Commission certifies it has reviewed and
32 considered the negative declaration,
COUNTY OF SNQ
FROND. CAWFGRNIA
1 Section 2. Said proposal is approved subject to the terms and.
2 conditions hereinafter specified,
3 Section 3, Any resolution of the conducting agency ordering
this reorganization shall provide that such reorganization shall. be
5 subject to the following terms and conditions,
6 Section 4. The boundaries of the territory proposed to be
7 reorganized.,. as set forth in attached Exhibit A or as amended by
S condition, are approved. Said territory is found to be inhabited
9 and is assigned the following distinctive short form designation:
10 Franklin. -Arthur 1y
11 Section 5. The City of Fresno is designated as the conducting
12 agency and the governing body of said agency is hereby directed to,
13 initiate reorganization proceedings in compliance with this
4 resolution.
15 Section 6 Further proceedings shall be initiated, conducted,
16 and completed pursuant to required law. Proceedings and any
17 resolution of approval shall comply with the Commission resolution
i
18 of approval.
i
19 Section 7 The. Executive officer is hereby authorized. and
20 directed to mail certified copies of this resolution as provided
21 in Section 56272 of the Government Code.
22 ADOPTED this 25th day of October 1978 by the following vote.
23 AYES; Donaldson, Howard., Valdez, Albright
24 NOES: None
25 ABSENT Johnson
26 STATE CP CALIFORNIA)
COUNTY OF FRES O }
27
I, MARVIN L. PANTER, Executive Officer of the Local Agency
28 Formation Commission certify that the foregoing resolution was
adopted by the Fresno County Local. Agency Formation Commission,
29 California, at a regular meeting held on the 25th day of 0ctober
1978.
30
3l�_2paet�o
MARVIN L. RANTER, Executive Officer
32
COUNTY or frivroNo
i�Cin CRa,IFt7F3ifIA
f
f
.FRANKLIN-.ARTHUR NO 1
C DISTRICT REORGANIZATION
f
F Area to be detached from the North Central Fire Protection District and
annexed to the City of Fresno.
Consists of a portion of Section 32, T13S, R.20E, and a portion of Section 51
T14S, R20E, MDB&M.
BEGINNING at the intersection of a line which is 30 feet East of, and parallel
to the East line of Lot 1 of Weihe Home Tract, according to- the map thereof,
filed in the Office of the County Recorder on November 23, 1905 and recorded
in `Volume 3 of the Record of Surveys at page 25,Fresno County Records with the
most Westerly Right -of -Way line of the Central Pacific Railroad ( now, the
Southern Pacific Railroad), being also, a point on the existing City Limits
of •the City of Fresno, theme Northwesterly along said Railroad Right -of -Way
line, being also, along the existing City Limits of the City of Fresno, to
the intersection with the North Right -of -Way line of West Belmont Avi�nue, as
said line existed, on April 1, 1918; thence Westerly along said Worth Right -
of -Way line of West Belmont Avenue, being also, along the existing City Limits
of the City of Fresno, to the intersection with a line which is 430 feet East
of, and parallel to, the West line of the East Half of Section 5 Township 14
South, Range 20 East, Mount Diablo Base and Meridian, as said Section is shown
on the United States Township Flats; thence Southerly along said lane which is
430 feet East of, and parallel to, the West line of the East Half of said
Section 5, being also, along the existing City Limits of the City of Fresno, .
to the intersection with the forth line of said Section 5, being also, the
centerline of West Belmont Avenue thence Westerly along said North line of
said Section 5, being also, the centerline of West Belmont:Avenue, being also,
along the existing City Limits of the City of Fresno,, to the North Quarter
corner of said Section 5, thence Southerly along the West line of the East Half
of said Section 5 to the intersection with the Westerly production of the South
line of Lot 4 of said Wei.he Home Tract; thence Easterly along the Westerly pro
dudtion of the South line of said Lot 4 and along the South lines of Lots 1:, 2
3, and 4 inclusive, of said Weihe dome Tract, and along the Easterly production
of the South line of said Lot` 1, to the intersection with a Line which is 30 feet
East of, and parallel to, the East line of said Lot 1; thence Northerly along
said: line which is 30 feet East of, and parallel to the East line of said Lot 1
to the Point of Beginning.
Drawing No. 6-A-941 (Revised 9/20/78)
File No. 1911
Contains 20.25 Acres
10/ 13/7?
CCK
f
Executive Officer
1
1 t .t ,-
cr
2 7_1
• ' - —jai r",
I.
RIJ-] —
��—
p ti E THOMAS
o �
,. 9 R_ M_5
41
so
` 1� . �d 1 - .. • z.
` �;. ./� • • •'• :fat::. :•- -• :: •.\i �.. ) M �
r:,
•'• •• ►`� A.
.r!•• •i •e ••!':/ • a •• • �'•::• s'•a. • • e� e• • C .• ,i � Abo
Y _ _ _ l�q�
•'••�••L:• '•i •�wi�� s. •_ .ss •'�si�L�•••.'t�.'•'•••'�'� .�•�.'•�►,�'' . s.• • • ► 7. rri � �+ �i C• i
.�Vt'-•8E MGNT ' .... :N R w:fp)Ns...::AuE :::: •'�w:::::: E BELMONt
ww
N, f
OF; 4 ! �t ` o
G.S`t.��%30! ��..K. i? .: . �P. ••1� ��e�`�. Z.?1�:� .:wsw; :.if):
;+� Q _ of
r' �' At
-r.
• y)......... .... �r�t-T IZaa X "'1 C . 3y� M �.. • E FRANK 1
Q , W' t FR'AWLIN... AVE ' S': n- •�?. _.
or H.T: •�`� •`:.... ..
.art-- : �� •. - _ ,,
t7 • •..,•:Z�.
•1/ • rt•• .N N M.I. _ � ' ..1 • %. • ,
jour"criv PAC/A-IC—y „�,• .�`` _`l : �`. L�;;j
EX)ST)W& CITY AREA
AREA TO CAE DET-A.LHED FROM'7`kt_``Nc7RtH CENTRAL
FIRE,. PROT'ECTIOW UIaTR�c_-r AND ANNF_xE0 TO THE
CITY OF FRESNO
ADDED ADDRESS SYSTEM
FRANKLIN-AF2THVR NO. •1
DISTRICT P•(\EORGANIZATl0PJ
C•ONSlITS OF POUR. OF SEC. 3.2, 13f 20 AND
POR. OF SEc.. 5, J4/20)
Rev ►seD 9%20/7,9
FILE N° 1911
ANNEX No o;z--
ACRES = 20.25
D R . BY - _C a,,.___
DATE-' __OC.T. 1921
S C A L E,--_.1 �" I -4OW
6 - A- _c41__
E:: q f ( , (a 4'-t-