HomeMy WebLinkAboutResolution - City Council - 79-339 - 1979-08-21Rutli Pouf ter
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REsoLuTioN No. 7 9 „.: 3 3
RESOLUTION INITIATING PROCEEDINGS FOR THE REORGANIZATION
OF THE CITY OF FRESNO AND THE MID "VALLEY FIRE PROTECTION
DISTRICTr INVOLVING UNINHABITED TERRITORY DESCRIBED HERE-
IN AND DESIGNATED AS THE PROPOSED SHIELDS -FOWLER NO.
DISTRICTREORGANIZATION, SETTING THE `1'IME, 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 78-445,
adopted on October 17, 1978; and
WHEREAS, the Fresno Local Agency Formation Coo mission did on the 28th day
of February, 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-78-36
a. copy of which is attached hereto and identified as Exhibit "A", making deter-
mination and approving the proposed Shields --Fowler No. 3 District Reorganization
of the City of Fresno and the Mid Valley Fire Protection District on February 28,
19791 all at the time and in the .form and manner as prescribed by law, such re-
organization proposal has been assigned the short terra form designation of
"Shields -Fowler 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 cornple-
tion of the reorganization proceedings for this proposal, the subject territory
will be included in Municipal Bond Area I'D" and: will not be taxed for any existing
bonded indebtedness or contractual obligation
140W, 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
Sbields-Fowler No. 3 District Reorganization as described in attached
Exhibit "B" and graphically depicted upon the map marked Exhibit "C70,
and incorporated herein as set forth in full by these references, where--
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Page 1 of 3
in the City of Fresno and the Mid 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 followst.
a. Annexation of the subject territory to the City of Fresno
will result in improved land use planning- All ,private develop-
ment controls of the City will apply following annexation:
b. The subject territory is within the City of Fresno's Sphere
of Influence.
c. All 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
r
,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 condition imposed by
the Fresno Local Agency Formation Commission, namely that a revised snap
and legal description, approved by the CountyAssessor's Office and in
cluding the west 499.101 of APN 440-040-5€3 and: 59 only, shall be submitted
to the Local Agency Formation Commissions
G. That the condition of approval imposed by the Fresno Local Agency For-
mation 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 2:05 p.m., in tie 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 Resolution, be, and is hereby, established as the time, date, and place
of bearing an the proposed reorganization, at which time and place any in-
terested person desiring to protest said reorg4.ization shall do so by
written communication filed with the Clerk of the City of Fresno not later
Page 2 of
than the hour set for hearing. A written pretest by a landowner shall
contain a description sufficient to identify the land owaed by him.
8. That the Clerk of the City of Fresno shall give notice of such hear-
ing once a week for two successive weeks in a newspaper of general air
culation within the affected. District, City and County, said publication
to be commenced at least fifteen days prior to the date specified: here-
in for hearing, with at least five days intervening between the respective
publication: dates not counting such publication dates
9. 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 notice 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 dis-
tricts, if any, which have filed a written request for such notice, said
nailing 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,
CLERK'S CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF FRESNO ss R
CITY OF FRESNfl
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 2 i s t_ day of A uv, us t 1979.
JACQUELINE L. KYLE
City Clerk
Deputy
CAK/FEG/pt
8/lf 79
MOVIRD AS TO ORM
_k
Page 3 of 3
` RLOOLUTION NO. RO-78 -S
MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE
PROPOSED "SHIELDS -FOWLER # 3 td FRESNO LOCAL AGENCY
REORGANIZATION FORMATION COMMISSION
3
4 WHEREAS, preliminary proceedings have been initiated by the
City of Fresno to annex certain territory to the City of Fresno and
8 detach from Mid -Valley Fire Protection District in: the County of
7 Fresno; and
$ WHEREAS, an application for said proposal has been accepted for
E 9 filing by the Executive Officer of this Local Agency Formation
10 Commission pursuant to Title 6 Division 1, Part 2 of the
I
11 Government Code; and
F
12 WHEREAS, said application was set for hearing by the Executive
13 Officer on the 20th day of December 1978 and: continued to
14 February 28, 1979, to allow time for the City Council of Fresno to
13 consider the McLane Community Plan, to receive more information
16 concerning availability of sewers, and a new environmental. assess_
17 meat on any change from the previdus environmental document; and
18 WHEREAS, notice of the hearing of said application was duly
19 given by mail, posting, and newspaper publication as required by
20 law; - and
21 WHEREAS, said Executive Officer has reviewed said application
22 and prepared a report, including his recommendations thereon, said
23 application and report having been presented to and considered by
24 this Commission; and
25 WHEREAS, a letter was received from the property owner's
26 representative, J. Carl Motscniedler, requesting the westerly 30.2
27 acres only be considered; and �
28 WHEREAS, this Commission has considered all relevant factors
29 and heard all interested parties wishing to, speak on said
30 application; and
31 WHEREAS,, a negative declaration of environmental impact had
32 been prepared and properly noticed by the City staff- aid .said:
CQuWry or rRuNd
F RERNtT,CALIFORNIA E.XHIB;IT, I'A
Page l of 3
y '.. •: .e r :: 1,•: S >M .:'4 43 r. fj> , .r',1.y, . a � 3.s 7 .�" S. :.1 ..'.,` a'"'� rs ^t, � hrµ",.i +� +iF'�rA+ '4 � P
1 negative declaration was considered by the Commission.
,2 NOW, THEREFORE, BE IT RESOLVED that the Local .Agency .Formation
3 Commission of the County of Fresno does HEREBY RESOLVE., DETERMINE',
4 AND ORDER as : follows:
5 Section 1. This Commission certifies it has reviewed and.
6 considered the negative declarat-.on.
7 Section 2. Said proposal is approved subject to the terns and
8 conditions hereinafter specified.
9 Section 3. Any resolution of the conducting agency ordering
10 this reorganization shall provide that such reorganization shall be
11 subject to the following terms and conditions
12 1. A revised map and legal description, approved by the County
133 Assessor's office and including the west 499 10' of A.PN 440--040 --58
14 and 59 only, shall be submitted to the Local Agency Formation
15 Commission.
16 Section 4. The boundaries_ of the territory proposed to be
17 reorganized, as set forth in attached Exhibit A'and as amended by
1S condition,.are approved. Said territory is found to be uninhabited
19 and is assigned the following distinctive short forte designation
20 Shields --Fowler #3.
21 Section 5. The City of Fresno is designated as the conducting
22 agency and the governing body of said agency is hereby directed,: to
25 initiate reorganization proceedings in compliance with this
24 resolution.
25 Section 6. Further proceedings shall. be initiated, conducted,
26 and completed pursuant to required law, Proceedings and any
27 resolution of approval shall comply with the Commission resolution
28 of approval.
29 Section 7s The Executive officer is hereby authorized and.
30 directed to mail certified copies of this resolution as provided
31 in Section: 56272 of the Government Cade.
32
EXHIRZT "A:'
C,oUH� of MXsN* Page 2 of 3
FRIMNO, CAUFORM
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SHIELDS FOWLER NO. 3
DISTRICT REORGANIZATIbN
Area to be detached from the Mid --Valley Fire Protection District and
Annexed to the City of Fresno
p Consists of a portion of the Northwest Quarter of Section 28, T135, R21E,
M. D .B&.M.
BEGINNING at the Northwest corner of the Northeast Quarter of Section 28,
Township 13 South, :Range 21 East, Mount Diabi o Bass: 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 South 8995610olr
West, along the South line of Section 21,'of said Township and Range, being
,also, along the North line of said: Section 28, being also, _along the exist-
ing City Limits of said City, a distance of 496.62 feet;: thence South OS0914311
East, being also, along the existing City Limits of said City, a distance of
2643,35 feet, to the intersection with the North, sine of the South Half of
said Section >28; thence North 89259 °53-11 East, along the; North line ,of the
South Half of said Section 28, being also, 'along the existing City Limits
of said City, - a distance of 499.10 feet, to the center of said Section 28;
thence Northerly, along the West line of ,the Northeast Quarter of said Sec-
tion 28, to the Point of Beginning,
File No. 1903'
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Drawing No. 6-A-9 39 �, Revised}
5 f 21/79
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' ALLOCATED TO COUNCIL DISTRICT NO. AS PER COUNCIL
! DISTRICT MAP DATED 10-24-78
EXHIBIT "C"
'E1��sss0 S�?/�79
FILE No.
ANNEX No.
ACRES =
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DR. BY: 7'N.,r
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