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HomeMy WebLinkAboutResolution - City Council - 79-250 - 1979-06-19Ruth Pbulter Ed Belsck! RESOLUTION NO. 7,-2 RESOLUTION INITIATING PROCEEDINGS FOR THE REORGANIZATION Or, THE CITY OF FRESNO AND THE MID VALLEY FIRS PROTECTION DISTRICT, INVOLVING UNINHABITED TERRITORY DESCRIBED HEREIN AI4D DESIGNATED AS THE PROPOSED ALLUVIAL -CEDAR NO. 3 DISTRICT REORGANIZATION, SETTING THE TIME, DATE, AND PLACE FOR HEAR- ING PROTESTS THERETO, AND GIVING NOTICE THEREOF. WHEREAS, proceedings for a proposed reorganization were commenced: by the City of Freslao pursuant to its Resolution of Application Resolution No.78-441 adopted on October 17, 1978; and WHEREAS, the Fresno Local Agency Formation Commission did on the 25th day of .May, 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-78--35-A, a copy of which is attached hereto and, identified as Exhibit "A", making deter- mination and approving the proposed Alluvial -Cedar No.3 District Reorganization of the City of Fresno and the Mid Valley Fire Protection District on May 25, 1979, all at the time and in the foram and manner as prescribed by law, such reorganiza- tion proposal has been assigned the short term form designation of "Alluvial --Cedar No.3", 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 contractual 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 Alluvial -Cedar No.3 District Reorganization as described in attached Exhibit "B" and graphically depicted upon the map marked Exhibit "C", and incorporated herein as set forth in full by these references, wherein the City of Fresno and the Mid Valley Fire Protection District are each subject to a change of organization. A......:..,..... Page 1 of 3 „R r 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 sElme territory from the Yd.d. Valley Fire Protection District. 5. That August 7l 1979, at the hour of 2 00 p.m., in the Council Charger, City Hall, 2326 Fresno Street, Fresno, California, which date is not lass 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 communisation 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, withat least five days intervening between the respective publication dates not counting such pub- lication 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 be commenced at least fifteen days prior to the; date specified herein for hearing and continue to the time of said hearing. Page 2 of 3 x 8. That the Clerk shall further cause notice to be mailed to each person to whom land is assessed, as shown on the last equalized roll of the County, at the address shown upon such assessment roll and awning 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 dad 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 P RESNO } ss CITY OF FIZBSNO I, JAC:QUELINE 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 as regular meeting held on the l 9 t h day of J un e 1979. JACQUELINE L. RYLE City Clerk S bf5j?9 f Page 3 of r MI 2 3 5 6 7 :1 I 9 10 1.1 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 25 27 28 29 30 31. 32 coumw or lREsNO iE5NO, CALIFORNIA OLUTION NO. RO-78-r35_A MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE PROPOSED "ALLUSIIAL-•CEDAR #3" ) FRESNO LOCAL AGENCY REORGANIZA.'ION ) 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 of Fresno; and WHEREAS, an application for said proposal has been accepted for fill:ng 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 9th day of May, 1979, and continued to May 25, 1979; and IMEREAS, 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 app'icati,on and report having been presented to and considered by this 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- City staff and said negative declaration was considered by the Commission''. NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation Commissionof 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" Page 1 of 2 T �4 1 2 3 4 5 6 7' 8 9 10 11 12 15 14 15 16 17 18 19 20 i 21 22 23 24 25 ,26 27 28 29 30 31 32 COUNTY OF FREGNO 3ESNO, CALIFORNIA • s 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 following 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 fora designation, - Alluvial -Cedar # 3 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 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 7. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided it Section 56272 of the Cover=ent Code. ADOPTED this 25th day of May 1979 by the following vote: AYES: Johnson, Howard, Valdez, .Albright NOES None ABSENT: Donaldson STATE OF CALIFORNIA) COUNTY OF FRESNO I, MARVIN L. PANTER, Executive officer of the Local Agency Formation Commission certify that the foregoing resolution was adopted by the Fresno County Local Agency Formation Commission, California, at a regular meeting on the 25th day of May 1979 MARVIN L. PANTER, Executive Officer EXHIBIT "A,a Page 2 of 2 E f ALLUVIAL -CEDAR NO. 3 DISTRICT REORGANIZATION AREA TO BE DETACHED FROM THE MID VALLEY FIRE PROTECTION DISTRICT AND ANNEXED f TO THE CITY OF FRESNO. Consists of all of Lot 50 and a portion of tots 48 and 49 of Amended Perrin Colorq No.. 2. BEGINNING at the Southwest corner of Lot 50 Amended Perrin Colony No 2, according to the map thereof, filed in the office of the County Recorder April 1., 1891, and recorded in volume 4 of the Plats at page 68, Fresno County Records, being also, a point on the existing City Limits of the City of Fresno thence Easterly along the South line of said Lot 50 and along the Easterly production of the South line of said Lot 50, being also, along the existing City Limits of the City of Fresno,' to the intersection with the East line of the West Half of Section. 25, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, as said Section is shown on the United. Stags Township Plats; thence Northe;71y along the East line of the. West Half of said Section 35, being also, along the existing City Limits of -the City of Fresno, to the intersection with the Easterly produc- tion of the North lane of said Lot 50; thence Continuing Northerly along the East line of the West Ralf of said Section 35 to the Center Quarter corner of said Section. 35,• thence Westerly along the North Line of the South Half of said Section 35 to the intersection with the Southerly production of the East lire of the West Half of .Lot 48 of said Amended Perrin Colony No. 2 thence Northerly along the Southerly production of the East lime of the West Half of said Lot 48 and along the East line of the West Half of said Lot 48 to the Northeast corner of the Vest Half of said Lot 48 thence Westerly along the North line of said Lot 48 to the intersection with the East line of the West Quarter of said Lot 48; thence Southerly along the East line of the West Quarter of said Lot 48 and the Southerly production. of the East Line of the West Quarter of said Lot 48 to a point on the North line of said Lot 49; being also, a point which is 311 feet. East of the .Northwest earner of said Lot 49 thence Southerly along a line which is 311 feet East of and parallel with, the East line of Lot 69 of said Amended Perrin Colony No. 2, to the inter- section with a pine which is 25.00 feet South of, and parallel with -the North dine of said Lot 50thence Westerly along said nine which 25.00 feet South of, and .parallel with., the North line of said Lot 50, a distance of 311 feet to the inter- section with the West line of said Lot 50; thence Southerly along the West line of said Lot 50 to the POINT 4F BEGINNING. Drawing No. 6-A-947 File No. 191 Contains 41.82 Acres Revised 1/29/79 AIZVn . Executive 0ticer EXHIBIT "Ex �s gd. E G APPROVE LA PC ON TE f Executive •p ZER REA �cer T� D _ No ,CNNcH E Ror���- - /�.� ApoEp FxE4 7o Tf�E /T� /1D VALL ppREsS SyST£M Y OF �RESNO FjRE LQ F � `-Rp�•�.ECr/o LL oT C��LENp-t RoRc,\ F Np PGRrION OF Tr N ANNEX No4I ''ErJQE� PERRIN LQ 1`C)T"S L18 A Co N �' No 2) ANp yq EX _ D R . BY. ��• 8.2 —� DATE: -DEC.19 EXHIBIT ,Cie SCALE-. .14ZZ tiro'