HomeMy WebLinkAboutResolution - City Council - 79-243 - 1979-06-12Ruth Pouter
Adak Ed Bielckx.
RESOLUTION NO 7 9 - Z 4
RESOLUTION INITIATING PROCEEDINGS FOR THE REORGANIZATION
OF THE CITY OF FRESNO AND THE NORTH CENTRAL FIRE PRO-
TECTION DISTRICT, INVOLVING INHABITED TERRITORY DESCRIBED
HEREIN AND DESIGNATED AS THE PROPOSED DAKOTA-VALENTINE NO.3
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. 78--508
adopted on November 14, 1978; and
WHEREAS, the Fresno Local Agency Formation Commission, on the 23rd day of
April, 1979, 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-78-43, Making Determination and Approving the proposed Dakota -
Valentine No.3 District Reorganization, a ropy 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 taxation for the payment of principal or interest, or any
other amounts which shall become due on account of any outstanding bonded in-
debtedness incurred by the City prior to.the effective date of such annexation.
Upon completion 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 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 Dakota-Valentine`No.3
District Reorganization, as described in attached Exhibit "B" and graphically
depicted upon the map marked Exhibit "C", wherein the City of Fresno and the North
Central Fire Protection District are each subject to a change of organizati_cn.
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 inhabited.
4. 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.
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b The subject territory is within the City of Fresno's Sphere of
Influence.
c. Three property owners within the area 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 process and the re-
sultant City and District boundaries,
5. The proposed reorganization requires the annexation of certain territory
to the City of Fresno and the detachment of same territory from the Nort22 Central
Fire Protection District.
6. That such reorganization was made subject to conditions imposed by the
Fresno Local Agency Formation Commission; namely;
1. Inclusion of all that area along the Freeway 99 corridor south of
Griffith Way alignment; and APN 433-090-09, 21, 22 and deletion of
APN 311-091-24, 25, 26, 42, and submission of a revised map and legal
description reflecting these revisions, approved by the County Assessor's
Office, to the Local Agency Formation Commission.
2. Prior to completion of the annexation by the Local Agency Formation
Commission office, the City of Fresno sha.11 agree to the provision of
the means to alleviate any school district overcrowding from future
development in the area. The City and school district staff shall also
meet to discuss an agreement to provide City and school district re-
creation programs in the subject:. area.
7. That the Conditions of Approval imposed by the Fresno Local Agency
Formation Commission, as indicated in Item No.6 above, have been complied with
by the City of Fresno.
S. July 3, 1979, at the hour of 200 p.m. in the Council Chamber, City
Hall, 2326 Fresno Street, Fresno, California, 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 protest by a landowner shall contain
a description sufficient to identify the land owned by him.. A written protest by a
voter shall, contain the residential address of such voter.
Page 2 of 3
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 com-
menced at least fifteen days prier to the date specified herein for hearing,
with at least five days intervening between the respective publication dates
not counting such publication dates.
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 assess-
ment roll, at the address shown upon such assessment roll, ,and to all persons
and affected cities or districts, if any, which 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 i ss.
CITY OF FRESNQ }
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 2th day of June ,
1979.
JACQUELINE L. RYLE
City Clerk
BY
CAK/AJH ak
6f l/79
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��SOLUTION NO.. Eta-78-43
MAKING DETERMINATION AND APPROVING} RESOLUTION OF THE
PROPOSED "DAKOTA--VA ,ENTINE #3" } FRESNO LOCAL: AGENCY
REORGANIZATION } FORMATION COMMISSION
I WHEREAS, preliminary proceedings have been initiated by the
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City of Fresno to annex certain territory to the City of Fresno
and detach from North Central Fire Protection District in the
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County of Fresno; and
j WHEREAS, an application for said proposal has been; accepted
for filing by the Executive Officer of this 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 February 1979 at the hour of 2;45 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 Commission; and
WHEREAS, on February 28, 1979, such hearing was continued to r
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March 28 to allow time for the City of Fresno to discuss with the I
affected school districts the availability- of adequate schools;
and
WHEREAS, on March 28 the hearing was continued again to
April. 23, 1979, for the: purpose of hording a night meeting, to
meet with the neighborhood,, and to resolve several is -sues
pertaining to school districts; and
WHEREAS, on April 23, 1979, at 7s30 P.M., the Commission did
consider all relevant testimony for and against the annexation
of this property to the City of Fresno and detachment from North
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Central Fire Protection Districts there being considerable
apposition from neighborhood property owners to the development
of said territory{ and
4 WHEREAS, there was considerable testimony regarding the
5 effect on the school district and their ability to provide service
6 to the area as well as testimony from the City and developers that
7 consideration was being given to the impact on schools and a
8 means to alleviate school overcrowding would be implemented.,
9 there being no opposition to the general condition related to
1.0 school district service recommended by staff: and
11 WHEREAS, there was considerable testimony and discussion by
12 the Commission on other issues pertaining to fire service, access,
13 paramedic service, parks and recreation, and related to the Land
14 Conservation Contracts after considering all relevant factors
15 and testimony, the Commission was of the opinion that the condition
16 regarding school district overcrowding recommended by staff would
17 serve to mitigate that concern and staff recommendation concerning
1.8 revised boundaries would mitigate other concerns related to
39 provision of services and effect on agricultural lands and. contract
20 and
21 WHEREAS, a. negative declaration of environmental impact had.
22 been prepared and properly noticed by the Executive Officer and
23 said negative declaration was considered by the Commission. The
24 Commission has also found that the proposed inclusion will have
25 no environmental impact beyond that addressed in the information
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submitted in the environmental finding for the proposal.
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NOW THEREFORE BE IT RRAMvED that the Local, Agency Formation
28 Commission of the County of Fresno does HER y RESOLVE, DETERMINE
29 AND ORDER as follows
30 Section 1 This Commission certifies it has reviewed and
32 considered the negative declaration.
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COU14TY *IF YN29 o
MnNO, CALIFORNIA
Section 2 Said proposal is approved subj ect to the terms and
2 conditions hereinafter specified,
3 section 3. Any resolution of the.rond:ucting agency ordering
4 this reorganization shall provide that such reorganization shall
5 be subject to the following terms andconditions:
b 1. Inclusion of all that area along the Freeway 99 corridor
7 south of Griffith Way alignment; and A.PN 433-090-9121 , 221 and
8 deletion of APN 311-091-24, 25 26, 42, and submission of a
9 revised map and legal description reflecting these revisions,
10 approved by the County Assessor's Office, to the Local Agency
11 Formation Commission.
12 2. Prior to completion of the annexation by the Local Agency
15 Formation Commission officer the City of Fresno shall agree to
14 the provision of the means to alleviate any school district over--
15 crowding from future development in: the area, The City and school
16 district staff shall also meet to discuss an agreement to provide
17 Cityand school district recreation
programs in the subject area.
18 Section 4 The boundaries of the territory proposed to be
19 reorganized, as set forth in attached Exhibit A and as amended by
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condition, are approved. Said territory is found to be inhabited`
21 as proposed and as recommended by staff and is assigned the
22 following distinctive short form designation. Dakota -Valentine #3.
23 Section 5. The City of Fresno is designated as the conducting
24 agency and the governing body of said agency is hereby directed to
25 initiate reorganization proceedings in compliance with this
26 resolution,
27 Section 6. Further proceedings shall be initiated, conducted,
28 and completed pursuant to required l,aw. Proceedings and any
29resolution of approval shall comply with the Commission resolution
30 of approval.
3.
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COUNTY Of FRUBNQ
FR96NO, CALIFORNIA
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.
4 ADOPTED this 23rd day of April 1979 by the following vote:
5 AYES: Howard, Valdez, Johnson, Albright
6 NOES: Donaldson
7 ABSENT None
9 STATE OF CALIFORNIA
COUNTY OF FRESNC
10
I, MARVIN L. PANTER : Executive Officer of the Local Agency
11 Formation Commission certify.that the foregoing resolution was
adopted by the Fresno County Local Agency Formation Commission,
12 California, at a regular meeting held on the• 23rd day of April
1979.
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15 MARVIN L. PANTER, Executive Officer
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DAKOTA-VALENTINE NO.3 CATE
DISTRICT REORGANIZATION
( ,J
AREA TO BE DETACHED FROM THE NORTH- Executive C~ ficer
CENTRAL FIRE PROTECTION DISTRICT AND
ANNEXED TO THE CITY OF FRESNO
Lots 2223,,24,25,26,27,28,29,30,31,34,35,and 37 and a portion of lets 21,
32,33,.36 and 39 of The Dlinterton Tract, according to the map thereof recorded.
in Volume 3 of Records of Surveys, at Page 21, Fresno3County Records,along
with portions of Section 24 and the Northeast Quarter of the Southeast Quarter
of Section 23, all in T. 13. S. R. 19 E., ( M.D.B. and M. , according to
U.S. Government Township Plats) , described as follows
BEGINNING at the Southwest corner of the Southeast Quarter of said Section'
24;thence along the -existing' City Limits Line of Fresno as follows: Northerly
along the West line of the said Southeast Quarter of Section 24, to the
Intersection with the, Westerly production of the North line of the South
Half of said Lot 36; thence Easterly along said Westerly production of the
North line of the South Half of .said Lot 36 and along the North line of the
South Half of said Lot 36 to the Northeast corner thereof; thence Southerly
along the East -line of said Lot 36,to the Southeast corner thereof; thence
Easterly along the South line of said Lot 37, to the Southwest corner of.
said Lot 38; thence Northerly along the West line of said Lot 38 and the North-
erly production of the said West line of Lot 38s to the point of intersection
with the Southwest right -of-way line of the Southern Pacific Railroad;
thence Northeasterly, along a line which is at right angles to the said Southwest
right-of-way line of the Southern Pacific Railroad to the center line of Espee
Avenue(now known as N. Weber Avenue); thence Southeasterly, along the center
line of said Espee Avenue (now known as N. Weber Avenue) to the intersection
with the East line of the Southeast Quarter of said Section 24 which is the
West line of the Southwest Quarter of Section 19, T.13 S ,R.2O E., ,M.D.B.and
M.,according to U.S.Government Township Plats ; thence Northerly along said .lest
line of the Southwest Quarter of Section 19, to the Northwest corner thereof; thence
Westerly,along the South line of the Northeast Quarter of said Section 24,to
the intersection with the West line of the Southeast Quarter of the Northeast
Quarter of said Section 24; thence Northerly along the said 'lest line of the
Southeast Quarter of the Northeast Quarter of Section 24, to the intersection
with the South line of the Northeast Quarter of the Southwest Quarter of
the Northeast Quarter of said Section 24; thence Westerly , along said South
line of the Northeast Quarter of the Southwest Quarter of the Northeast Quarter
of Section 24, to the Southwest corner of said Northeast Quarter of the Southwest
Quarter of the Northeast Quarter of Section 24; thence Northerly, along, the
West lie of the said Northeast Quarter of the Southwest Quarter of the; North -
past Quarter of Section 24, to the Northwest corner of the said Northeast
Quarter of the Southwest Quarter of the Northeast Quarter of Section '2,4;
thence Westerly, along the South line of the Northwest Quarter of the . North-
east Quarter of said Section 24, to the Southwest corner of the Northwe!st Quarter
of the Northeast Quarter of said Section 24 thence leaving said existing
City Limits Line of Fresno, Westerly, along the Easterly production of the
South line of Lot 17 of said Winterton Tract and along the South line of
said Lot 17 and along the South line of Lot 18 of said Wi nterton Tract and
the Westerly production of said.: Lot 18 and along the North line , of said Lot
22 and along the North line of the East Half of said Lot 21, to the Northwest
corner thereof; thence Southerly, along the West line of the said East Half
of Lot 21 to a point of intersection that bears N. 89' 4' E, 198.42 feet
and N. 28' 39' E. , 314.65 feet more or less from the Southwest corner of
the Northwest Quarter of said Section 24; thence S. 28' 39' W. , 314.65 feet
more or less to the South line of the said Northwest Quarter of Section 24
thence S. 89' 45' W. , along said South line, 198.42 feet to the said South-
west corner thereof thence Westerly, along the North line of the Northeast
Quarter of the Southeast Quarter of said Section 23 to the Northwest corner
thereof; thence Southerly, along the West line of the Northeast Quarter of
the Southeast Quarter of said Section 23,to the Southwest corner thereof;
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thence Easterly, along the South line of the Northeast Quarter of the South-
east Quarter of said Section 23 to the Southeast corner thereof; thence
Easterly, alone the Westerly production of the North line of said Lot 32, and along
the North line of said Lots 32 and 33 which is also the North line of Tract
No. 1603, Hacienda Heights No-2 according to the Map thereof recorded in
Volume 18 of Mats at Page 71, Fresno, County records, to the Northeast
corner of said Lot 33 and to the Northeast corner of said Tract 1603,
thence Southerly, along the East line of said Lot 33 which is also the East
line of said Tract No. 1603, to the Southeast corner of the North Half of
said Lot 33 and the Southeast corner of said Tract No. 1603; thence Vesterly,
along the South line of said Tract No,1603 which- is also the South line of the
North Half of said Lots 33 and 32 and along the Westerly production, thereof ,to`
the West line of the Southwest Quarter of said Section 24; thence Southerly,
along the said i-Test line of the Southwest Quarter of Section 24, to the South
west corner thereof; thence Easterly, along the South line of the said
Southwest Quarter of Section 24, to the point of beginning.
Containing 396.40 acres a little mare or less
.5J1% 79 EXHIBIT.._ r g
y�y w
MAR'V :i i'V FL, A* ,. s a xa
Executive Officer
APPROVED -LAFC O
3
DA E
P,`i E I L. y �3
MA
(Executive Officer
L E Cr E �-1 D
.. . . .
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W. DAKOTA _ AVENUE j
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DA KOTA - V4 LI HTJHE N d, 3
FIST R ICT R FOR GA N IZAT IOH
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FHE IN
DAKOTA - VALENTINE NO. 3 ANNEX N°
nlSTRICT ReDRr ANIZATION IACRLS =
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PAKOTA - VALEHTINC- �C, 3 ANi� X
D15T R Ic-r REDP,A w IzAYION ACRES
DRAY. KAD t:NLt'R.
DATE t _D-1-V3 -.
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