HomeMy WebLinkAboutResolution - City Council - 79-338 - 1979-08-21Rut* Poulter
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RESOLUTION NO. 79 -� 3 3
RESOLUTION INITIATING PROCEEDINGS FOR THE REORGANIZATION OF
THE CITE' OF FRESNO AND THE MID VALLEY FIRE PROTECTION DIS-
TRICT, INVOLVING UNINHABITED TERRITORY DESCRIBED HEREIN AND
DESIGNATED AS THE PROPOSED TULARE-PEACH NO. I -A 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 Fresno pursuant to its Resolution of Application Resolution No, 79-39
adopted on January 30, 1979- and
WHEREAS, the Fresno Local Agency Formation Commission did on.thhe 25th day
of April, 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. RCS-7 -7
a copy of which is attached hereto and identified as Exhibit "A", making determina-
tions and approving the proposed Tulare -Peach Na. l-A District reorganization of
the City of Fresno and the Mid Valley Fire Protection District on April 25, 1979E
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all at the time and in the form and mariner as prescribed by law, such reorganization
proposal has been assigned: the short form designation of Tulare --Peach No. l-A 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 paymof-E 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 wil,l
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 ORDEREDbythe Council of the
City of Fresno, as follows:
1. That proceedings be, and they are hereby, initiated ,for the proposed
Tulare -Peach, No. 1:-A District reorganisation as described in attached Exhibit "B"
and generally depicted upon the map marred Exhibit "C", and incorporated herein
as set forth in full by these references, wherein the City of Fresno and the Mid
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Valley Fire Protection District are each subject to a change of organization.
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 fellows;
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. A property owner within the area has 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 same territory from
the Mid Valley Fire Protection District.
5. That such reorganization shall be subject to the conditions imposed by
the Fresno Local Agency Formation Commission,, namely, that the proposal should
include the Southern Pacific Railroad right-of-way adjacent to the northern
boundary of the project area, as well as the Easterby Elementary School located
to the south of the proposal area, and the submission of a revised legal descrip-
tion and legal map approved by the Fresno County Assessor's office to LAFCQ.'
6. That the Condition of Approval imposed by the Fresno Local agency
Formation Commission, as indicated in Item No 5 above, has been complied with
by the City of Fresno.
7. That October 2, 1979 at the hour of 2 00 p.m., in Council Chamber,
City Hall., 2326 Fresno Street, Fresno, California., which date is not less than
fifteen days nor more than sixty days after the date of adoption of this Resolu-
tion, be and is hereby, established as the time, date, axzd place of hearing on
the proposed reorganization, at which time and place any interested person desir-
ing to protest said reorganization shall do -so by written communication 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.
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8. 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, with atleastfire
days intervening between the respective publication dates not counting such pub-
lication dates.
3 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,
10 That the Clerk shall further cause noticed to be mailed to each person
to whom land is assessed, as shown on the last equalized assessment roll of the
County, at the address shown upon such assessment roll and owning land within
the subject territory and: to all other affected cities or districts,r 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 day specified
herein for hearing
11. 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.
STATE OF CALIFORNIA) -
COUNTY OF FRESNO 3 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 Fresnor California,
at a regular meeting held on the 21 s t day of Aug, cis t r 1979
JACQUELINE L. ME
City Clerk
7
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Page 3 of 3
<r SOLUTION NO . RO-79 7
MAKING DETERMINATION AND APPROVING} RESOLUTION OF THE
PROPOSED `°TULARE-PEACH #1--A" FRESNO LOCAL AGENCY
REORGANIZATION FORMATION COMMISSION
4
WHEREAS, preliminary proceedings have been initiated by the
City of Fresno to annex certain territory to the City of Fresno
5; 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. I,Qcal Agency Formation
10 Commission pursuant to Title 6, Division l., Part 2 of the
11 Government Coded and
12 WHEREAS, said application was set for hearing by the Executive
13 Officer on the 25th day of April. 1979, at the hour of 3 z 20 P M�
14 and continued to May 9, 19 79 ; 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 j 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, the Commission did make the finding that the appl -
26 cation of the restriction in Government Code Section 35002.3`
27 which prohibits creation of unincorporated 'Islands would be
28 detrimental to the orderly development of the community and that
29- the area included is so located that it cannot reasonably be
30 annexed to another city or incorporated as a new city, and
31 WHEREAS, a negative declaration of environmental impact had
32 been prepared and properly noticed by the City of Fresno and said
COLiN'TS' OF f1t��M4 - '
FRESNO. e.AUFORNIA
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], negative declaration was considered by the Commission.
NOW, THEREFORE, BE IT RESOLVED that the Local.Agency Formation
commission of the County of Fresno does HEREBY RESOLVE, DETERMINE,
4 AND ORDER as follows
6 Section 1. This Commission certifies it has reviewed, and
6 considered the negative declaration.. The Commission has also found
7 that the proposed inclusion will have no environmental: impact
$, beyond that addressed in the information submitted in the environ-
9 mental finding for the proposal.. r
10 Section 2. Said proposal is ,approved subject to the terms and.
11 conditions hereinafter specified.
12 Section 3. Any resolution of the ` conducting agency ordering
13 this reorganization shall provide that such reorganization shall be
14 subject to the following terms and conditions;
? 6 1. inclusion of Southern Pacific Railroadrightof way
16 adjacent to the north, and A.PN 462--26-37T, and submission of a
17 revised map and legal, approved by the County Assessor'soffice,
18 to the Local Agency Formation Commission.
19 2. Amendment of the City Service Plan to provide for fire
20 service by the Mid -Valley Fire Protection District# as per city/
21 district fire district agreement,
22 Section 4. Waive the restriction in. Government Code Section
23 35002.3 pertaining to the creation of unincorporated islands,'
24 Section 5 The boundaries of the territory proposed to be
26 reorganized, as set forth in attached Exhibit A and as amended by
26 condition., are approved. Said territory is found to be uninhabited
27 and is assigned the following distinctive short form designation
28 Tulare -Peach #1-A.
29 Section 6 The City of Fresno is designated as the conducting
30 agency and the governing body of said agency is hereby directed to
31 initiate reorganization proceedings in compliance with this
32 resolution.
FRES140. CALIFORMA
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Section 7Further proceedings shall be initiated, conducted,
and completed pursuant to required law. Proceedings and any
3
resolution of approval shall comply with the Commissionresolution
4
of approval.
5k
Section 8. The Executive Officer is hereby authorized and
6
directed to mail certified copies of this resolution as provided
7
in Section 56272 of the Government Cade,
8
ADOPTED this 9th day of May 1979 by the following vote
9'
AYES: Donaldson, Valdez', Howard, Johnson, Albright
10
NOES: None
11
ABSENT. None
12
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13
STATE OF GALIYORNIA }
COUNTY OF FRESNd
14
I, MAR.VIN L. ' PANTER,' Executive officer of the Local. Agency
15
Formation Con -mission certify that the foregoing resolution was
adopted by the Fresno County Local Agency Formation Commission
16
California, at a regular meeting held on the 9th day of May 1979.
17
MARVIN L . PANTER, Executive Officer
20
21
22
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24
EXHIBIT "A"
25
27
28
29
30
31.
32
COUNTY OF FR"NO
�RESNO, CALIFORNIA
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b �S � dY"•iaM . _ _ fa Y i'S^ . 4.F .5!` I iL 4 #:S:C -0, . 'qA, Jk ,a.i„ ,`. iSy �� he.��'
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TULARE--PEACH NO. I -A APPROVED -1-AFC 0
,s DISTRICT REORGANIZATION
AREA TO BE DETACHED FROM THE MID VALLEY FIRE �� � E
PROTECTION DISTRICT AND ANNEXED TO THE CSTXR 't%.
OF FRESNO.. ,� ; t « _?
ecutive off;
c4
Consisting of Portions of Lots 8 and 25 lying in Section: 5, T14S, R21Er M.D.B,&M.
BEGINNING at the intersection of t1le West line of Section 5, Township 14 South,
Range 21 East, Mount Diablo Base. and Meridian, as said Section is shown on the
United States Township Plats, with the 'Westerly production of the North line of
Lot 25 of Easterby Rancho, as said lot is shown on the Map thereof, filed in the
Office of the County Recorder June 24, 1880 and recorded in Volume 2 of Plats at
page 6 Fresno County Records, being also, a point on the existing City Limits of
the City of Fresno; thence Easterly, along the Westerly production of the North
line of said Lot 25, and along the North line of said Lot 25, being also, along
the existing City Limits of said City, to a paint which is 15.39 feet East of
the Northwest corner of.said Lot 25; thence South 01020139" West, being also,
along the existing City Limits of the City of Fresno, a distance of 107 feet,
more or less, to a point which is 1194.50 feet North of the South line of said
Lot 25 thence. South 89°38143" West, being also, along said existing City Limits,
parallel with and 1194.50 feet North of the South line of said Lot 25,, a distance
of 12.89 feet to the intersection with the West line of said Lot 25; thence South
00*05117" East along the West line of said Lot 25, being also, along the said
existing City Limits, a distance of 105.00 feet to a point which is 1089.50 feet
North of the South line of said Lot 25; thence North 8913V43" East, being also,
along said existing City Limits, parallel with and 1089,E50 feet North of South line
of said Lot 25 , a distance of 10.43 feet; thence South 01120 r 39" nest, being also, .h
aloe the said existing City Limits, a distance of 18.49 feet; thence South 00105,17`°
g g �'
East, being also, along said existing City Limits, parallel with. and 10.00 feet East 1
of the West Line of said Lot 25, a distance of 91.52 feet' to a point which is 979.50
feet North of the South line of said Lot 25; thence South 89*38143" West, being also,
along said existing City. Limits, parallel with. and 979.50 feet North of South line
of said Lot 25,- a distance of 10.00 feet to the intersection with the West line of
said Lot 25 thence South 00/05/1711 East along the West line of said Lot 25, being
also, along said existing Casty Limits, a distance of 10.00 feet to a point which is
969.50 feet North of the South line of said Lot 25; thence North 89038-143" East,
being .also, along said existing City Limits parallel with and 969.50 feet North of
the South line of said Lot 25, a distance of 10.00 feet; thence South 00105117"
East, being also, along said existing City Limits, parallel with and 10.00 feet East
of the West line of said Lot 25, a distance of 63.00 feet to a point which is 906.50
feet North of the South line: of said Lot 25; thence South 8903814311 West, being also,,
along said existing 'City Limits, parallel with and 906.50 feet North of South line
of said Lot 25 a distance of 10.00 feet to the intersectioon, with. the West line of
sa'd Lot 25; thence South 000051171' East along the West line of said Lot 25, being
also, along said existing City Limits, a distance of 21.75 feet to a point which is
884.75 feet North of the South line of said Lot 25; thence North 89038143" East,
being also, along said existing City Limits, parallel with and 884.75 feet North of
the. South line of said Trot 25, a distance. of 10.00 feet; thence South 00°05'17"
East, being also, along said existing City Limits;, parallel with and 10.00 feet East
of the West line of said Lot 25, a distance of 210.00 feet to a point which is 674.75
feet North of the South line of said Lot 25; thence South 89 ° 38' 4 3" West, being
also, along said existing City Limits, parallel with and 674.75 feet North of the
South line of said Lot 25, a distance of 10.00 feet to the intersection with the West
Line of said Lot 25 thence South 00105117" East along the West line of said Lot 25,
being also, along the said existing City Limits, a distance of 161.75 feet to a point
which is 513.00 feet North of the. South line of said Lot 25; thence North 89*3814311
East, being also, along said existing City Limits, parallel with and 513.00 feet
North of the South line of said 'Lot 25, a distance of: 10.00 feet; thence South
00 *05' 17" East, along_ a line which is parallel with and 10,00 feet East of theWest
line of said Lot 25, being also, along the existing City Limits of said City, to a
point which is 100.00 feet North of the South line of said. Lot 25 thence South
11118122" East, being also, along the existing City Limits of said City, to.the inter-
section with the South line of the Northwest Quarter -of said Section 5; thence Easterly
along the South dine of the Northwest Quarter of said Section 5, to the intersection
with the Southerly production of the East .line of said Lot 25 thence Northerly, along
the Southerly production of the East line of said Lot 25, and along the East line of
Page
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4y r,
said Lot 25, and alo e Northerly production of.t ast line of said Lot 251
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across the former Sou ern Pacific Railroad right -Of , to e intersection with
the Easterly production of the South line of Lot 15 of Easterly Retreats, as said
~ lot is shown on the Map thereof', in the Office of the County Recorder July
1938, and recorded in Volume 11 of Plats at page 68, Fresno County Records; thence
Westerly, along the Easterly production of the South line of said Lot 15, and along
the South lines of Lots 15, 141 13, 12 and 11 of said Easterby'Retreats, and along
the Westerly production of the South Line of said Lot ll, to the intersection with
the West line of said Secti.on'5; thence Southerly, along the West line of said
Section 5, a distance of 40 feet, more or less, to the Point of Beginning
File No. 1962 (Revised)
Acres = 19.89
Drawing No. 6-A--992
6/18/79
TWB/pt
.APPROVED-L FC
DAB
Executive Of1icr
EXHIBIT "B"
Page 2of2
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Q REA To Br D E racNEo IROM THE MID VAL L E: Y �RE P,PoTEG-r�ON
D/STRICT QNQ ANE E D To THE C i7-Y OF r,4ESN0
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FILE
ANNEX No -
ACRES
DR. BY.
DATE, =TAN. 1979
SCALE: _ �= Z-QO,
6
EXHIBIT "C"
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