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HomeMy WebLinkAboutResolution - City Council - 79-329 - 1979-08-07fluty Pouf er Ed B ellcki RESOLUTION NO. 7 ~ 3 2 i ,A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNOr CALIFORNIA, IN THE MATTER OF THE ALLUVIAL -CEDAR NO.3 DISTRICT REORGANIZATION ORDERING A. REORGANIZATION TO THE CITY OF,FRESNO AND THE MID VALLEY FIRE PROTECTION DISTRICT. WHEREAS, Proceedings for a reorganization were commenced by the Council of the City of Fresno pursuant to its Resolution No. 78-441 adopted on October 18, 1978, 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 reorganization proposal has been assigned the short form designation "Alluvial -Cedar No.311, 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 form and manner provided by law, said Commission did on the 25th day of May, 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-78-35-A "Making Determination and Approving Proposed Alluvial -Cedar No.3 Reorganization" of the City of Fresno and the Mid Valley Fire Protection. District, on May 25, 1979, 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-78-35-,A authorized the: Council to conduct the proceedings for the reorganization in the manner provided by law, and WHEREAS, the Council initiated proceedings for said proposed reorganization by adopting on June 19, 1979, Resolution No. 79-250, 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 7th day of August, 1979, at 2:00 p.m., in the Council Chamber, City Hall, 2326 Fresno Street, Fresno,Califarnia, 93721, all in the manner prescribed by law; and Page l of ` �� WHEREAS, the 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 lair; and WHEREAS, said hearing was duly held by the 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 con- sidered and said protests or objections in writing are on file and of record in the office of 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 summarized to the Council; and WHEREAS, the 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, the 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 (50%) of the assessed value of land therein; and WHEREAS, pursuant to Fresno Municipal Code Section 2-208 the subject territory .s allocated to the Hoover Council District No.6. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows 1. The Council hereby orders that the territory within those boundaries described in Exhibit "A", attached hereto and incorporated herein by reference and more par'-icularly depicted upon the map marked Exhibit "B", attached hereto and incorporated herein by reference, be and it is hereby annexed. to the Cityof Fresno and the same territory and it is hereby attached 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 b. Several 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 Fire 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 docu- ment by the said. Executive officer in the manner prescribed by law, the reor- ganization shall be completed, IT IS FURTHER RESOLVED by the Council of the City of Fresno that the subject territory designated as Alluvial -Cedar No. 3 District Reorganization, i described in said Exhibit "A" and depicted on said.Exhibit "B" be and is hereby allocated to the Hoover Council District No, 6. CLERK I S CERTIFIC,ATION STATE OF CALIJ-ORNIA COUNTY OF FRESNO } ss CITY OF FRESNO 1, JACQUELINE L. RYIE, 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 7 t h dayof August , 1979. JA:CQU ELINE L . KYLE API ASPOD.' City Clerk f w p ,fJyC yam} _ .f[fy r Page 3 of 3 i LUTION NO. O-78-35-A 1 MAKING DETERMINATION AND APPROVING RESOLUTION OF THE # PROPOSED "ALLUVIAL -CEDAR #3" } 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 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 Local. Agency Formation 10 Commission pursuant to'T tle , Division 1 Part 2 of the 31 Government Code; and 12 WHEREAS, said application was set for hearing by the Executive 15 Officer on the 9th day of May, 1979, and continued to May 25, 1979 14 and 15 WHEREAS, notice of the hearing of said application was duly 16 given by mail, posting, and newspaper publication as required 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 21 this Commission; and - 22 WHEREAS, this Commission has considered all relevant factors 23 and heard all interested parties wishing to speak on said 24 application; and 25 WHEREAS, a negative declaration of environmental impact had 26 been prepared and properly noticed by the City staff .and 27 said negative declaration was considered by the Commission. 28 NOW, THEREFORE, BE IT RESOLVED that theLocal Agency Formation a 29 Commissionof the County of Fresno does HEREBY RESOLVE, DETERMINE` 3Q AND ORDER, as follows: 7 31 Section 1. This Commission certifies it has reviewed and 32 considered the negative declaration. COUNTY OF FRESNO MONO, CALIFORNIA i . Section 2. Said proposal is approved subject to the terms and 2 conditions hereinafter specified. 3 Section" 3. Any resolution of the conducting ,agency ordering 4 this reorganization shall provide that such reorganization shall 5 be subject to the following terms and conditions. None 7 Section 4. The boundaries of the territory proposed to be 8 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 Alluvial -Cedar # 3 , 12 Section, 5. The City of Fresno is•designated as the conducting 15 agency and ,the governing body of said agency is hereby directed i 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. Proceedings 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 25th day of May 1979 by the following vote: 24 AYESz Johnson., Howard, Valdez Albright 25 NOES: None 26 ABSENT. Donaldson G .27 STATE OF CALIFORNIA) COUNTY OF FRESNO ) - 2£S I, MAR TIN L. PANTER, 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 on the 25th .day of May 1979. 31 32 MARVIN L. PANTER .Executive Officer COUNTY Or PRESNO ESNO. CALIFORNIA �.��'• _". +.,�tM"`+t iti' .'-y?f"s,iMaF `... !-"i:..#� ,rat . » k �W.'z .r' .� � "' aw ;fi.+w a».wr w�~.,4a .i-�+� �, r..r'.'J � tie' `f' x4c .. ... , • � Et VPe4Ph.6^.w�awt .... .. _. . { C 4,� i t - i ALLUVM-CEDAR INTO. 3 DISTRICT REORGANIZATION AREA TO BE DETACHED FROM THE MID VALLEY FIRE PROTECTION DISTRICT AND ANNEXED TO THE CITY Or FRESNO. Consists of all of Lot: 50 and a portion of Lots 48 and'49 of Amended Perrin Colony 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 Reorder April 1, 1:891., 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, Fount Diablo Base and Meridian, as said Section is shown on the United States Township Plats; thence NortheVly along the East lire 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 ;products Lion of the North line.of said Lot 50 thence continuing Northerly along the East line of the West Half of said Section 35 to the Center Quarter corner of said Section 35; thence h7esterly along the North lane of the South Half of said Section 35 to the intersection with the Southerly production of the East line of the West Half of Lot 48 of said Amended Perrin Colony No. 2; thence Northerlyalong the Southerly production of the East line 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 West 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 lime. of said Lot 49; , being also, a' point which is 311 feet East of the Northwest corner of said Lot 49{ thence Southerly along a line which is 31.1. 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 line which is 25:00 feet South of, and parallel with the North line of said Lot 50; thence Westerly along said line_ which .25.00 feet South of, and parallel with, the North lane of said Lot 50, a'distance of ai1 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 OF BEGINNING.._ Drawing No. 6-A--947 File. No 1917 Contains 41.82 Acres Revised 1/29/79 x, poo Executive Officer EXHIBIT "A" .,�:..m„pc.E=-= i4'� , - '�.s..#°.._'s•,��.. e.,w"`stw?R rAwvw..-s:- . :,. ,,..0 ,;:cia-.: *++4.ur` - . .A�si4M4is+1�.. `. ` N�„i��4,. ,: 66 149 70 1 1 N.CI,'YE,_LOT4l3 P.G./YG�.Y. — -- Q ae CE/Y 114 COR SFc. 35- 12120 r• N "••• ,E. ALLUVIAL _ AV£ O ::......:: a ..... ... . .. ........... . �,�'' WV) i•,,i l N a LET Sa \ .....G..................... -i '! 0 . . . . . . • . . . • . . . • . . • . . r . . . . . • . • . • • • • 1,••• ••• • • • • • i • • • •'• • 4 . . . . . . . . . . • . • . • . • . • . . . . . . . • . . . . . . . . . . . . • . . •• •`• • `•• • • • • •' • • • • •• • M ► :::�:30 3:::.. ..:.::: V+' :•:•'•:•: _ - 5035 wit �cf DEG. :::::.... =::::..•.•..:::-••:.:.:::::::: ..... .. ... .. . . .......... .............. I:•: •,•,+,; ;,;, •,•,;,•..••.;.••••• ..... INE� LO So t P.C.• No.1•;•;• •a.�::'•:•: .......• ............. •.... .,.� :: '•'•'•' R —A . •.•.•: :•: ... .. + . .. .. •. .. ; ... `" 1Zt1 w /Y. L/n'£, .S 112 ,SEC -JsS 12126 Qr APPROVED.-�.,., LEGEND � �, DACE MARYI a Executive Officer E.XISTIIV� CITY AREA AREA TO ICE DETACHED FROM THE / /1D VALLEY F)RE !'kOTECT/ON DISTRICT ^ND ANNEXEC TO THE C/TY OF FRESNO ADDED ADDRESs SYSTEM FILE N'- 1917 ALLUVIAL. -CEDAR NO.S ANNEX N- 0 DISTRICT RF-ORGANIZATION ACRES q/.8.2 CALL OF LOT SO .AND A PORTION OF LOTS i4AANO44 OR 8Y. OF AmmNoLro PERR/N COLONY NO. 2) G A T E: -0-ESMIM 6-A- SCALE EXHIBIT "B" -'� .,Raw-�