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HomeMy WebLinkAboutResolution - City Council - 79-226 - 1979-06-05Ruth Poul ter Ed Bieicki RESOLUTION NO 7 9 - 2 2 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, IN THE MATTER OF THE ALT,WxAL-MILLBROOK NO. 2 D STRICIP REORGANIZATION ORDERING A REORGANIZATION TO THE CITY OF FRESNO AND THE MID VALLEY FIRE PROTECTION DISTRICT WHEREAS, the Council of the City of Fresno, pursuant to Resolution No. 77-527, 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 Mid Valley :Fire Protection District and such reorganization proposal has been designated alluvial-Millbrook No. 2; and WHEREAS, the Fresno Local Agency Formation Commission,, on the 25th day of October, 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-77-44, "Making Determination and Approving Proposed A.11uvzal Millbrook No.; 2 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-77-44 authorized this Council to conduct the proceedings for the reorganization in the manner provided by law; and WHEREAS, this Council pursuant to Resolution No, 79�-170 initiated proceedings for said proposed reorganization and set a hearing on the proposed reorganization for the 5th day of June, 1979, at 10:00 a.m., in the Council Chamber, City Hall, 2326 Fresno Street, Fresno, California., 93721; and 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 duly held by this Council at said time and place for the hearing of all objections to said proposed reorganization; 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, Counter of Fresno, State of California, and all persons who desired to be heard were heard; and VTECIM .,. Page 1 of 3 Pages WHEREAS, at said hearing and prior to consideration of protests, Fresno Local Agency Formation Commission's resolution 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 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; and WHEREAS, pursuant to Fresno Municipal Code Section 2-208 the subject territory is allocated to the Hoover Council District No. 6. 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 Mid Valley 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 maybe, and that lands have not been impro- perly 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 - annexation 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 Mid Valley Fire Protection District., 4. Written protests filed and not withdrawn represented less than fifty percent (50%) of the assessed value of land therein.. Page 2 of 3- Pages 5. 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 certified 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. IT IS FURTHER RESOLVED, by the Council of the City of Fresno that the subject territory designated as the Alluvial-Millbrook No. 2 .District Reorganiza- tion, described in said Exhibit "A" and depicted on said Exhibit ' "B" , be and is hereby allocated to the Hoover Council District No 6. 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 5 t h day of June 1979. JACQUELINE L. RYLE City Clerk lz GAK :AJH ; xm.. 5/11/7g AWARAUM"AmAk-M Now Page 3 of 3 Pages APR 4 197"OLUTION NO. RO--77--44 LANNING & INSPECTION 'r 1 MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE .IN PART PROPOSED "ALLUVIAL-- ) FRESNO LOCAL AGENCY 2 MILLBROOK #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 Mid -Valley 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 Loral 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 197R at the hour of 2 35 P m 34 15 16 17. is 19 20 21 22 23 24 25 26 27 28 5 29 30 33 32 of said day; and WHEREAS, notice of the hearing of said application was duly given by mail, pasting, and newspaper publication as required by law; and WHEREAS, the Executive Officer has reviewed said application and prepared a report, including his recommendationsthereon, said application and report having been presented to and considered by this Commission; and WHEREAS, there was considerable discussion concerning the recommended continuance in order to receive the requested report from the City of Fresno as well as testimony from several landowners wishing to develop within the area; and WHEREAS, the recommended continuance was denied by a majority of the Commission; and WHEREAS, this Commission has considered all relevant factors and heard all interested parties wishing to speak on said application; and WHEREAS: a negative declaration of environmental impact had been prepared and properly noticed by the Executive Officer and. 1 said negative declaration was considered by the Commission. NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation 3 Commission of the County of Fresno does HEREBY RESOLV , DETERMINE AND ORDER as follows 5 Section 1. This Commission certifies it has reviewed and 8 considered the negative declaration. 7 Section 2. Said proposal is approved in part subject to the 8 terms and conditions hereinafter specified. 9 Section 3 Any resolution of the -conducting agency ordering 10 this reorganization shall provide that such reorganization shall be 11 subject to the following terms and conditions .2 1. The proposed reorganization boundaries shall. be revised. so 13 as to include only A.P.N. 3+02--1.70--41, 19, 18,f 14 and a revised map 14 and description to be approved by the County Assessor's Office 15 submitted to the Local Agency Formation. Commission prior to further 16 proceedings. 17 Section 4 The boundaries of the territory proposed to be 18 reorganized, as set forth in attached. Exhibit A or as amended by 19 condition, are approved. Said territory is .found: to be uninhabited 20 and is assigned the following distinctive short form: designation: 21 Alluvial-Millbrook #2. 22 Section. 5. The City of Fresno is designated as the conducting, 23 agency and the governing body of said agency is hereby directed to 24 initiate reorganization proceedings in: compliance with this 25 resolution. 26 Section 6. Further proceedings shall be initiated, conducted, 27 and completed pursuant to required law. Proceedings and any 28 resolution of approval shah, comply with the Commission resolution 29 of approval. 30 Section 7. The Executive Officer is hereby authorized and 31 directed to mail certified copies of this resolution as provided 32 in Section 56272 of the Government Code, COUNTY Of ""NO t f I i I ADOPTED this 25th day of. October 1978 by the following vote 2 AYES: Valdez, Johnson, Donaldson, Albright NOES Howard 4 ABSENT: None 5'STATE OF CALIFORNIA) COUNTY OF FRESNO I, MARVIN L. PANTER, Executive Officer of the Local Agency 7 Formation Comm ss on .certify that the foregoing resolution was adopted by the Fresno County LocalAgency Formation Commission, 8 California, at a regular meeting held on the 25th day of October 1978, 10 11 MA.RVIN L. PANTER, Executive Officer 12 13 14 16 1 i 1 i 1920 21 22 2 24 _25 26 - 2 28 2.9 3{ 31 32 ------------ rh ALLUVIAL-MILLBROOK NO. 2 DISTRICT REORGANIZATION Area to be detached from the Mid Valley Fire Protection District and annexed to the Ci ty o f Fresno. Consisting of portion of Lot 69 of Amended; Perrin Colony No. 2 and portion of Section 35, T.12S. , R,.20E. , M.D.B &M. BEGINNING at the East Quarter corner of Section 34 Township 1.2 South, Range 20 East, Mount Uablo Base and meridian, as said Section is shown can the United States Township Plats? being also, a paint 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 Cite 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, filled in the Office of the County Recorder April. I, 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 Lot 69 and. .Easterly along the South. , line of said Lot 69 a distance of 1,02E feet, more or, Less, to the intersection with the East line of the West Half of the East'Hal.f of said Lott 69; thence Northerly along the East line of the West Half of the East Half of said Trot 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 12 South, Range ' 20 East, Mount Diablo Base and M ridia.n; 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-9 5 (Revised) File No. 1908 Contains 15.57 acres 10/26/77 cx 3/13/79 JN/pt APPROVED -F AT MAR# 111-L. *= Executive Officer .S .f :• j F� CoR, SCC. 3M, 121201 N.C. At. �M N. LIMs SW4. 3cc.3.% JIL •.; �; ......................... too :r :6g 0 \ �� a Oct .. .,f .. .. ........ •Y: -• .y SG9 PC.'�2 :".•.to to rX-el r _ ... I Z to � M \ ': : • • • • :::. . too • ;: :.} .: ,... .rCti . J '•'•.•. s•.••.•.� ..:r k; j.r'' .•.r•. %' •• '• .•ar: ''' • .I: ••: . ,•� • • • ••1 • • X- . ••• • • i�, , w • •• •• . . . .. .r . . • • to .r•.,.•...•.•.•...,., ..... ,',•............•�w .•e•• •�• •'• ••••. 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