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HomeMy WebLinkAboutResolution - City Council - 79-227 - 1979-06-05Ruth Pou l for Ed Blelicki RESOLUTION NO. 79 - 2 7 A RESOLUTION OF THE COUNCIL OF 'IRE CITY OF FRESNO,' CALIFORNIA, IN THE MATTER OF TIM S.WON--FIG NO DISTRICT REORGANIZATION ORDERING A REORGANIZATION TO THE CITY OF FRESNO AND THE MID VALLEY FIRE PRO- TECTION DISTRICT. WHEREAS, proceedings for a reorganization were commenced by the Council of the, City of Fresno pursuant to its Resolution No. 79-16 adopted on January 16, 1979 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 Mid Valley Fire Protection District, such re- organization proposal has been assigned the short form designation "Samson -Fig No.4", 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 farm and manner provided by law, said Commission did on the 28th. day of March, 1979, 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-R79-2' "Making Determination and Approving Proposed Samson --Fig No.4 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 lawf and WHEREAS, said Fresno Local Agency Formation Commission Resolution No. RO-79--2 authorized this Council to conduct the proceedings for the reorganization in the manner provided by law; and WHEREAS, this Council initiated proceedings for said proposed reorganization by adapting on April 24, 1979, Resolution No. 79-169, generally entitled a "Resolution Initiating Proceedings for the Reorganization of the City of Fresno and. the Mid Valley Fire Protection District" and set a hearing on the proposed reorganization for the 5th day of June, 1979, at 10: OQ am., in, the Council Chamber,, City Hall, 2326 Fresno Street, Fresno, Californian 93721., all in the manner prescribed by Law, and #,'::T4, ' Y :u w u s S YPT Page 1 of 3 Pages 0 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, 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 andsaidprotests or objections in writing are on file and of record in the office or the Clerk of the City of Fresno, County of Fresno, State of California, and all persons who desired to be heard were heard; and WHEREAS, at said hearing and prior to consideration of protests, the Fresno Local Agency Formation Commission's resolution making determinations was presented and surmmarized 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 uninhabited territory as defined: by law and that written protests filed and not withdrawn represented less than fifty percent (500) of the assessed value of f land therein.; and WHEREAS, pursuant to Fresno Municipal Code Section 2-208 the subject terri_ tory is allocated to the Edison Council District No.3. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows 1. This Council hereby orders that 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, be and it is hereby annexed to the City of Fresno and the same territory and it is hereby detached from the Mid Valley Fire Protection District of Fresno County, 2. That it will be to the best interest of said territory to include the same, or detach the same, as the case may be, and that no Lands have been improperly omitted from or included within said proposed ;annexation and. detachment. 3. That the reasons for this proposed reorganization are as follows a. The subject territory is within the City of Fresno`s Sphere of Influence. Page 2 of 3 Pages b. Some property owners within the area have 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 same territory from the Mid Valley Fare Protection District. 4. Written protests filed and not withdrawn represent less than fifty percent (50%) of the assessed value of Land therein.. 5. The Clerk of the City of Fresno shall immediately cause to be trans- mitted 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 Samson --Fig No.4 District Reorganization, described in said. Exhibit „A" and depicted on said Exhibit "B" be and is hereby allocated to the Edison Council District No.3. 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 By r cjFEG. akk a �n a Page 3 of 3 Pages } RECEIVED RESOLUTION NO. RO--79- 2 C, Y4 197 i PLANNING & INSPECTION DEPT. MAKING DETERMINATION AND W IUTfk NNO RESOLUTION OF THE PROPOSED "SP.tMSON- FIG #4" 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 y to the City of Fresno 6 and detach from Mid -Valley Fire Protection District in the County 7; of Fresno; and 8; WHEREAS, an application for said proposal has been accepted for 9 filing by the Executive Officer of the Local Agency Formation 14 Commission pursuant to Title 6, Division 1, Fart 2 of the 11 Government Code; and 12 WHEREAS, said application was set for hearing by the Executive 13 Officer on the 28fih day of March 1979, at the hour of 1 20 P.M. 14 of said day; and 1.5 WHEREAS, notice of the hearing of said application was duly - 35 given by mail, pasting, and newspaper publication as required by 17 law; and 1$ WHEREAS, the Executiveofficerhas 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 23 i and heard all interested parties wishing to speak, on said 24 application; and 25 WHEREAS,, a negative decl.a.ration of environmental impact had. 25 been prepared and properly noticed by the City staff and said 27 negative declaration was considered by the Conmmission. 28 NOWf THEREFOREf BE IT RESOLVED that the Local Agency Formation 29 Commission of the County of Fresno ' does HEREBY RESOLVE,, DETERMINE ' 30 AND ORDER as follows 31 Section 1.. This Commission certifies it has reviewed and 32 considered the negative declaration, i f k Section 2. Said proposal is approved subject to the terms and conditions hereinafter specified. 3 Section 3. Any resolution of the conducting agency ordering 4 this reorganization shall. provide that such reorganization shall be . 5 subject to the following terms and conditions 6 None 7 Section 4. The boundaries of the territory proposed to be reorganized, as set forth in attached Exhibit A. or,as amended by 9 condition, are approved.. Said territory is found to be uninhabited 10 and is assigned the following distinctive short form designation: 11 Samson -Fig #4. 12 Section 5. The City of Fresno is designated, as the conducting 13 agency and the governing body of said agency is hereby directed 14 to initiate reorganization proceedings in compliance with this 15 resolution. 16 Section 6. Further proceedings shall be initiated, conducted, 17 and completed pursuant to required: law. Proce.edings and any 18 resolution of approval shall comply with the Commission resolution 19 of approval. 20 Section 7. The Executive Officer is hereby authorized and 21 directed to mail certified copies of this resolution as provided 22 in Section 56272 of the Government Code 23 ADOPTED this 28th day of March 1979 by the following vote; 24 AYES: Deward, Valdez, Albright 25 NOES. done 26 ABSENT: Donaldson, Johnson 27 STATE OF CALIFORNIA) COUNTY of FRESNO 28 I, 14ARVIN L. PA.NTERt. Executive officer of the Local Agency 29 Formation Commission certify that the foregoing resolution was adopted by the Fresno County Local Agency Formation commission, 30 California at a regular meeting held on the 2 Sth day of March 1979 31 . 32 MARVIN L. PANTER, Executive Officer 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 1.32 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 ate County Recorder August 1, 1881, and recorded in Volume 2 of the Plats at. page S, Fresno County Records with the West line of the East Half of Section 21, Township 14 South, Range 20 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 Nest line of the East Half of said Section 21, being also, along, the said existing City LIM-Its, to the intersection with a line which is 15.00 feet South of, and parallel with, the North line of the South Half of said Lot 132; thence Westerly along said line which is 15.00 feet South of, andparallel 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 Sine 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 132 and along the Easterly production of the North: line of said Lot 132 to the PaINT OF BEGINNING. 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