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HomeMy WebLinkAboutResolution - City Council - 79-170 - 1979-04-24""%I s RESOLUTION NO 7 9 - 1 7 RESOLUTION INITIATING PROCEEDINGS FOR THE REORGANIZATION OF THE CITY OF FRESNO AND THE MID VALLEY FIAE PROTECTION DISTRICT, INVOLVING_UI4ZNHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED AS THE PROPOSED ALLUVIAL-MILLBROOJK, NO. 2 DISTRICT 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. 77-527, adopted on December 6, 1977 and WHEREAS, the Fresno Local.. Agency Formation Commission, on.the 25th dray of October, 1-978, met at the noticed time 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 Reso- lution No. RO-77-44, Making Determination and Approving the proposed Alluvial Millbrook 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.taxati.on for the payment of principal or interest, or any other amounts which shall become due on account of any outstanding 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 contractual 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 Alluvial-Millbrook 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 Mid Valley Fire Protection. District 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. The reasons for this proposed reorganization are as follows: 'age 1 of 3 Pages 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. one property owner within the area has expressed a desired to annex to the City. d. The consolidation of the subject area into one detachment -annexation project is beneficial to the affected governmental 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 Mid Valley Fire protection District, 6 That such reorganization was made subject to a condition imposed by the Fresno -Local Agency Formation Commission namely, the proposed reorganization boundaries shall be revised so as to ,include only APN 302-170-01, 19, 18, 14 and a revised map and description to be approved by the County Assessor's Office sub- mitted to the Local Agency Formation Commission prior to further proceedings. 7. That the Condition of Approval imposed by the Fresno Local Agency Forma- tion Commission, as indicated in Item No. 6 above, has been complied with by the City of Fresno. 8. June 5, 1979 at the hour of 10.00a..m. in the Council Cljzamber, City Hall, 2326 Fresno Street, Fresno, t-1aliforn a, 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 reorganization. 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 pretest by a landowner shall contain a description sufficient to identify the land owned by him. 9. 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 t:he date specified herein for hearing, with at Least five days intervening between the respective publication dates not counting such pub- lication dates. Page 2 of 3 Pages 10. 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. 11. 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, wlich have filed a written request for such notice This mailing shall be by first class mail, postage prepaid, at least fifteen days prior to the day specified herein for the hearing. 12. The Clerk be 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 FRESNO ss CITY OF FRESNO � 1, JACQUELINE L RYLE, Ci-y 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 h day of Apr i l , 1979. JACQUELINE L. RYLE City Clerk Ey.<'- Deputy y GAK: AJH: me 4/12/79 AS TOFORM ' l Page 3 of 3 Pages ., ► OLUTION NO. RO- 7 7-• 4 4 1 MAKING DETERMINATION AND APPROVING) RESOLUTION OP THE III PART PROPOSED "ALLUVIAL- FRESNO LOCAL AGENCY 2 MILLBROOK #2" REORGANIZATION ) FORMATION COMMISSION - - 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 Mid -Valley Fire Protection District in the County of 7 Fresno; and 8 WHEREAS, an application for said proposal has beenaccepted for 9 filing by the Executive officer of this Loom Agency Formation 10 Commission pursuant to Title 6, Division 1, Part 2 of the 11 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 2 35 P.M. 14 of .acid day; and 15 WHEREAS, notice of the hearing of said application was duly 18 given by mail, posting, and newspaper publication as rewired by 17 law and 18 WHEREAS, the 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 j1 21 this Commission; and 22 WHEREAS, there was considerable discussion concerning .the 23 recommended continuance in order to receive the ;requested :report 24 from the City of Fresno as well as testimony from several landowners 25 wishing to 'develop within the area.; and 26 WHEREAS, the recommended continuance Was denied by a majority 27 of the Commission, and 28 WHEREAS, this Commission has considered all relevant factors. 29 and heard all interested parties wishing to speak on said 30 application. and 31 WHEREAS, a negative declaration of environmental impact had 32 been prepared and properly noticed by the Executive Officer and IMNQt CALIFORNIA EXHIBIT "A" F 1 2 3 4 5 6 7 8 9 101 11� i 12 131 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 29 30 31 32 UW" Or rmtjo "WWWCALWORM said negative declaration was considered by the Commission. NO,W F THEREFORE, BE IT RESOLVER 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. Section 2 Said proposal is approved in part 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. The proposed reorganization boundaries shall be revised so as to ,include only A.P.N. 302-170--01, 19, 18 14 and a revised, map and description to be approved by the County Assessor's Office submitted to the Local Agency Formation Commission prior to further proceedings. Section 4 The boundaries of the territory proposed to be 1 j 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: Alluvial-Millbrook #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 reso luti.on. 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. 'f is r 1 ADOPTED this 25th clay of October 1978 by the following vote: i 2 AZES: Valdez, Johnson, Donaldson, _Albright 3 NOES: Howard ABSENT: None STATE OF CALIFORNIA COUNTY OF FRESNO � 6 I, MARVIN L. PANTER, Executive Officer of the Local Agency 7 Formation Commission certify that the foregoing resolution was adopted by the Fresno County Local Agency Fo=ation Commission, 8 California, at a regular meeting held on the 25th day of October 1978. 9 Zv 11 MARVIN L. PANTER, Executive Officer 12 13 1 15 16 1 1$ 19 20 21 22 23 24 i 25 26 27 2 29 30 3 32 COUNTYor !RZSNRt 1 I ALLUVIAL MILLBROOK NO 2 DISTRICT REORGANIZATION Area to be detached from the Mid Valley Fire Protection District and annexed to the City of Fresno. Consisting of portion of Lot 69 of Amended Perrin Colony No. 2 and portion of Section 35, T.12S.r R.20E., M.DB&M BEGINNING at the East Quarter corner of Section 34, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, as said Section is shown on the United States Township Plata, being also, a point on the existing City Limits of the City of Fresno thence Southerly, along the East line of said Section 34, being also, along the existing City.Limits'of said City, a distance of 660 feet, more or less, to the intersection with the Westerly production of the South line of Lot 69 of Amended Perrin Colony No. 2, as said Lot is shown on the Amended Map of Perrin Colony No. 2, filed in the Office of the County Recorder April 1, 1891 and recorded in Volume 4 of Plats at Page 68` Fresno County Records; thence Easterly along the Westerly production of the South line of said Lest 69 and Easterly along the South line of said Lot 69 a distance of 1,028 feet, more or less, to the .intersection with the East line of the West Halt of the East Half of said Lot 69; thence Northerly along the East line of the West Half of the East Half of said. Lot 69 and the Northerly production of the East line of the West Half of the East Half of said Lot 69, a distance of 660 feet, more or less, to the intersection with the North line of the Southwest Quarter of Section 35 of said Township 1.2 South, Range 20 East, Mount Diablo Base and Me`ridiar,; thence Westerly along the North line of the Southwest Quarter of said Section 35, a distance of 1,028 feet, more or less, to the Point of Beginning. Drawing No. 6-A-938 (Revised) File -No. 1908 Contains 15.57 Acres 10/26/77 CY. 3/13/79 JN/pt APPROVED - AFC0 DATE MAFIVIN L. �i' i ♦ ritiY. Executive Offic; '. } i E coR .5an 3y t 2120 M.P.O. fM N. Lime Wi. SEC. 9s, /2 so i —E. Bu 4 LAJ ��L 70 Eb o :;:;:::: xo o _ . 1. e r. ••• .. •LtY ` .1' '.� .. .S• `� .`�••,•. j .�. •" • •• .! _ _ . • .. - /. . . o r N4 ;IX .. . :•�•i :':4'y' •'••ti• �•' r!r••••'' ... 1.'WfY•• :...... .T'.'2.=.T .. '.'- : r , , .. •:i.;,'.7.T'•.Y:'.'a,'�.',1rYr�i's•.• .:• ;i .�.'.'. . .• .. ..• ••• ..•.•.• . .•: .• .•.•.• .�. .•. . . • . . . . . . . . . . . . . . . . -...-.:.•......•................................. ....... ........... . APPROVED -LAFOU L E G E N 0 0,47s-/j� DATE ExISTING CITY AREA lv��'I L. F� -N Executive Cffic:r ............ REA TO M DETACHED FRom THE MID VALLEY FIRE PROTEC710N DISTRIcr ANC ANp4axED To THE C ITY CIF FR ESNO/� ADoED At�ORESS SYSTEM R=✓ 3-/.3-7.2 PRO 1205 L n FILE N° i908 /-ALLUVIAL- MIL..L t,;t0Cl< NO. 2 ANNEX N2 DISTRICT EOaG,�aN1ZAi'10t`i ACRES = /57-S7 PORT/ON aF LOT 69 OF AMENDED - 0 R . B 7. C.chI PERRIN Cot_orty N4.2 ^mci Roa. ,SEC. 35, 12/20 DATE: EtS_1g1Z 6-A- 3-b-- Irf. U. 9. 11-1 Alf SCALE-. r! - • Y oo'