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Resolution - City Council - 79-169 - 1979-04-24
RESOLUTION NO, 1 RESOLUTION INITIATING PROCEEDINGS FOR THE REORGANIZATION OF THE CITY OF FRESNO ANDTHEMID VALLEY FIRE PROTECTION DISTRICT, INVOLVING UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED AS THE PROPOSED SAMSON--FIG NO. 4 DISTRICT t REORGANIZATION, SETTING THE TIME, DATE, AND PLACE FOR HEARING PROTESTS THERETO, 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. 79-16, adopted on January 16, 1979; and WHEREAS, the Fresno Local. Agency FormationCommission did on the 28th day of March, 1979, meet at the noticed time and place 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-79-2 a copy of which is attached hereto and identified as Exhibit "A", making deter- minations and approving the proposed Samson -Fig No. 4 District Reorganization of the City of Fresno and the Mid Valley Fire Protection District on March, 28, 1979, all at the time and.in the form and manner as prescribed by law, such reor- ganization proposal has been assigned the short term form designation of "Samson -Fig No. 4", the boundaries of which are hereinafter more particularly described; 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 become due on account of any outstanding bonded indebtedness incurred by the City prior to the effective date of such annexation; upon comple- tion of the reorganization proceedings for this proposal the subject territory 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. That proceedings be, and they are hereby, initiated: for the proposed Samson -Fig No. 4 District Reorganization as described in attached Exhibit "B" and graphically depicted upon the map marked Exhibit "C", and incorporated herein as sett forth in full by these references, wherein the City of Fresno and the Mid Valley f� EFFECTIVE Page I of 3 Wage � � y� Fire Protection Distract are each subject to a, change of organization. 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. 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 will apply following annexation. b. The subject territory is within the City of Fresno's Sphere of Influence c. 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. e. That the proposed reorganization requires the annexation of certain territory to the City of Fresno and the detachment of same territory from the Mid Valley Fire Protection District. 5 That dune 5, 1979 at the hour of 10 00 a.m.,in the. Council Chamber, City Hall., 2326 Fresno Street, Fresno, California, which date is not less than fifteen days nor more than sixty days after the date of adoption of this Resolution,, be, and is hereby, established as the time, date, and place of hearing on the proposed reorganization, at which 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 not later than the hour set for hearing. A written protest by a landowner shall contain a description sufficient to identify the land owned by him 6. That 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- li.cat:ion dates 7. That 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 Page 2 of 3 Pages w s, < be commenced at least fifteen days prior to the date specified herein for hearing and continue to the time of said hearing. a. That the Clerk shall further cause notice to be mailed to each person to whom land is assessed, as shown on the last equalized assessment roll of the County, at the address shown upon such assessment roll and owning land within the subject territory and to all other affected cities or districts, if any, which have filed a written request for such notice, said mailing to be by first class mail, postage prepaid, at least fifteen days prior to the day specified herein for hearing. 9. That the Clerk be, and is hereby, instructed to forward a copy of this Resolution to the Executive Officer of the Fresno Local Agency Formation Commission. CLERK'S CERTIFICATION STATE OF CALIFORNIA COUNTY OF FRESNNO ) 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 2 4 t day of Ap r 11 , 1979 JACQUELINE L. RYLE City Clerk ti ee+ a✓ By e. Deputy GAK:FEG:mG 3/30/79 E 4. APPROVED AS TO FORM CITY ATT007:a Page 3 of 3 Pages 19 2 3 4 5 6 7 8 9 10 11 iz 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 F 27 28 I 29 f 30 31 6 32 f f RECEIVES RESOLUTION NO. RO-79--2 PLANNING INSPECTION DEPT. MAKINGr DETERMINATION AND � '���`� RESOLUTION OF THE PROPOI)ED "S.AM:SON--FIG #4" } FRESNO LOCAL AGENCY I 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 Mid -Valley Fire Protection District in the County i of Fresno and r WHEREAS, an application for said proposal has been accepted for filing by the Executive Officer of the 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 28th day of ;March 1979, at the hour of 1.20 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, 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 Commissions and WHEREAS, this Commission has considered all relevant factors and heard all interested parties wishing to spew on said application; and WHEREAS, a negative declaration of environmental ,impact had been prepared and properly noticed by the City staff and said negative declaration: was considered by the Commission. 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. negative declaration. EXHIBIT "A►r Page I of 2 6) 7 81 9' 10 11 12 13 14 15 16 1'7 18 20 21 22 23 24. 25 261 27 �S l 29� 30 31 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 fol.loyNring terms and conditions; None Section 4, 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 Samson -Fig #4 Section 5 The City of Fresno is designated as the conducting agency .and the governing body of said agency, is hereby directed to initiate re organiza.ton 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 7µ 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 28th day of March 1979 by the following voteM AYES: Howard, , Va ld.ez , Albright t NOES: None ABSENT. Donaldson, Johnson STATE OF CALIFORNIA) COUNTY of FRESNO ) I, MARVIN L. PANTER.. Executive Officer of the Local .Agency Formation Commission, certify that the foregoing .resolution �:as adopted by the Fresno Counter Local. Agency Formation Commission California, at a regular meeting held on the 28th day of March 1979 SAMSON-FIG NO. 4 DISTRICT REORGANIZATION Area to be detached from the Mid Valley Fire Protection District and annexed to the City of Fresno. Consists of a portion of Lot 132 of Fresno Colony and a portion of Section 21, 14,/20, mount Diablo Base and Meridian. BEGINNING at the intersection of the Easterly production of the north line of Lot 132 of Fresno Colony, according to the map thereof, filed in the Office of the County Recorder August It 1881, and recorded in 'Volume 2 of the. Plats at page 8 Fresno County Records with the West line of the East Half of Section. 21, Township 14 South, Range 29 East, Mount Diablo Base and Meridian, as said Section is shown.on the United States Township Plats, being also, a point on the existing City limits of the City of Fresno; thence Southerly along the Feet line of the East Half of said Section 21, being also, along the said existing City Limits, to the intersection with a line which is 15.00 feet South of, and parallel with, the Forth line of the South Half of said Lot 1.32i thence Westerly along said line which is 15.00 feet. South of, and parallel with, the North line of the South Half of said Lot 132, being also, 'along the said existing City Limits, to the intersection with. the West line of the East Quarter of the West two fifths of said Lot 132; thence Northerly along the said West line of the East Quarter of the West two fifths of said. Lot 132 to the intersection with the North line of said Lot.. 132 thence Easterly along the North line of said Lot 1.32 and along the Easterly production of the North line of said Lot 132 to the POINT OF BEGINNING CCK 7-31-78 File No. 1951 Drawing No. 5-A-981 Acres: 7.62 APPR VEQ sLAFC D A a MART Y a At1 L. O�+ EXHIBIT "Btr v o w: a --OAW i I it i 1 .................. ......, �. .• MT I �c ••r fi /A r( U T ll1 r" —1 7 _8 ` 9 14 �. cn L: f. .A:v:E.. W. —' A'JP cC a 0—LAAF!— .1 L E CGEND 3 �� 7 / CATG �'/:� T/NG L /TY A)QEA Executive C:r:�:; LLLLjA,eE A TO LV /�iPDTECT/O/L S 7:.P / C T fi N p ANNEXED 7-0 7'14seE O.- t A D© E O D D ,9 S ?-,S - T 1 /1/o • Ll ,[�/STf�ICT �EC�.QC7AN/Z/�T/ON FILE N° ANNEX No ACRES = 7.62 CA POR. LOT /3:L, F,pESNO COLONY AIVO A PO-Q. EXHIBIT "C" OR. BY. GATE �ccz,�41B SCALE• /�� 6-A- 9.—