HomeMy WebLinkAboutResolution - City Council - 79-340 - 1979-08-21Erb Biel is#
RESOLUTIONNo. 7 ` 3 4 #3
RESOLUTION INITIATING PROCEEDINGS FOR THE REORGANIZATION OF
THE. CITY OF FRESNO AND THE MID VALLEY FIRE PROTECTION DIS-
TRICT, INVOLVING UNINHABITED TERRITORY DESCRIBED HEREIN AND
DESIGNATED AS THE PROPOSED HERNDON-FRESNO NI O.. 1-C 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. 79-38
adapted on January 30, 1979; and
WHEREAS, the Fresno Local Agency Formation Commission did on. the 25th day
C
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.Forma.tion Commission, said Commission adopted its Resolution No. RO-79-4,
a copy of which is attached hereto and identified as Exhibit "A", making determina-
tions and approving the proposed Herndon -Fresno No. 1--C District Reorganization
of the City of Fresno and. the Mid Valley Fire Protection District on April 25,
1979, all at the time and in the form and manner as prescribed by law, such
reorganization proposal has been assigned the short form designation of Herndon -
Fresno No. 1-C 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 prier 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 "ID" and will not be taxed for any existing bonded
indebtedness or 'contractual obligation.
NOW, THEREFORE", RE 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
Herndon -Fresno No.. 1-C District Reorganization 'as described in attached Exhibit "B"
vim, -
3
and generally 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
2. All of the subject territory affected 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. 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
terriotry to the City of Fresno and the detachment of same territory from
the Mid Valley Fire Protection. District.
S. That such reorganization shall be subject to the conditions imposed
by the Fresno Local Agency Formation Commission, namely, that the frontage along
the north side of Herndon Avenue on both sides of Fresno Avenue is recommended
for inclusion into the proposal area, in addition APN`s 303--180-02, 10,-11, 15,
16, 17, 18, 19, 20, 21, 22# 23, 24, 25r 26, 30 and 303--170-13, 14, 16, 18, 21,
and 22 are recommended to be included in the proposal along with a'revi.sed legal
map and legal_ description approved: by the Fresno County Assessor's office be
submitted to LAFCO prior to further proceedings
6. That the Condition of Approval imposed by the Fresno Local Agency Forma-
tion 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 2:10 pm., in the 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 Pesolui
tion,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 skull 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,
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 at Least five
days intervening between the respective publication dates not counting such pub-
lication 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 com-
menced at least fifteen days prior to the date specified herein for hearing and
continue to the time of said hearing.
lb. 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 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 day specified herein
for hearing.
ll. 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 FRESNt? ) ss
CITY OF FRESNO }
It JACQUELINE L. RYLE, City Clerk of the City of Fresno, certify that the
foregoing resolution was adopted by the Council ofthe City of Fresno, California,
at regular meeting held on the 21 s t day of August 1979
APPROVED AS TO F'Q JACQUELINE L. RYL
Casty Clerk
1, Od�
IS
GAK BL:mc<
7/9,/79 �,
s
` UTION NO RO- 79-4
1 u 01 1979
NG & 1%� pE 1lffi DEFT.
MAKING DETERMINATION AND APPRQ ESOLUTION OF THE
PROPOSED "HERNDO-F'R.ESNO #�,-•C" '�Y �RESNO LOCAL AGENCY
2 REORGANIZATION } FORMATION COMMISSION
-
3
WHEREAS, preliminary proceedings have been initiated by the
5 City of Fresno to annex certain territory to the C#y of Fresno
5 and detach from Mid --Valley Fire Protection District in the County
7 of Fresno; and
$ WHEREAS, an application for said proposal: has been: accepted for
9 filing by the Executive officer of the Local Agency Formation
10 Commission pursuant to Title 6, Division if Part 2 of the
11 Government Code; and
12 WHEREAS, said application was set for hearing by the Executive
13 officer on the. 25th day of April 1979 and continued to May 9, 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 lava; 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
25 been prepared and properly noticed by the City of Fresno and said
27 negative declaration was considered by the Commssion.
28 NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation
29 Commission of the County of Fresno does, HEREBY RESOLVE, DETERMINE
30 AND ORDER as follows.
31 Section 1. This Commission certifies it has reviewed and
32 considered the negative declaration. The Commission has also
COUNTY Or rRXX?t
FRrSN0 CALJFORK1A
I
found that the proposed inclusion will have no environmental impact
2
beyond that addressed in the information submitted in the
3
environmental finding for the proposal.
4
Section 2. Said proposal is approved subject to the terms and
5
conditions hereinafter specified.
6
Section 3. Any resolution of the conducting agency ordering
7
this reorganization shall provide that such reorganization shall be
8
subject to the following terms and conditions:
9
1. Inclusion of parcels APN 303-18-2, 10, 11, 15, 15, 17, T8,
10
19, 20, 21, 22, 23, 24, 25 26, 30 and 303-:.7-13, 14, 16 18 _ 2,1
11
22, and submission of a revised map and legal, approved by the
12
County Assessor's Office, to the Local Agency formation. Commission.
13
Section 4. The boundaries of the territory proposed to be
14
reorganized, as set forth in attached Exhibit A and as amended, by
15
condition, are approved. Said territory is found t4 be uninhabited
16
and is assigned the following distinctive short form designation;
17
Herndon -Fresno #1-C
18
Section 5. The City of Fresno is designated as the conducting
19
agency and the governing body of said agency is hereby directed to
20
initiate reorganization proceedings in compliance with the:
21
resolution.
22
Section 6. further proceedings shall be initiated, conducted,
23
and completed pursuant to required. law. Proceedings and any
24
resolution of approval shall comply with the Commission resolution
25
of approval.
26
Section 7._ The Executive Officer is hereby authorized and
27
directed to Mail certified copies of this resolution as provided
28
in Section 56272 of the Government Code.
29
30
31
32
COUNTY CF yRzsmo
FRESNO, CALIFORNIA
A
HERNDON-FRESNO NO 1-C
DISTRICT REORGANIZATION'
Area to be detached from the Mid -Valley Fire Protection
District and annexed to the City of Fresno
-
Consists of Lot 199 and a portion of Lot 133 of Amended Perrin Colony No 2;
Hansen Estates; Portions of Its 5 to 9, Inclusive of Horn Addition; Lying
in Sections 33 and 34 T12 S, R20E, M D .B . &M . , portion of Section ` 3, T13S , R20E
A.D.B .&M,
Parcel I
BEGINNING at a point on the East line of Section 33,, Township 12-South, Range
20 East, Mount Diablo Base and Meridian, as said Section is shown on the United
States Township Plats, which is 48.50 feet North 6E the Southeast corner of said
Section 33 being also, a point on the existing City Limits of the City of Fresno,
thence Northerly, along the East line of said Section 33, being also, along the
existing City Limits of said City, to the intersection with the Westerly produc-
tion of the South Line of Lot 198 of Perrin Colony No. 2, as.sad lot is shown
on the Amended Map of Perrin Colonyy No. 2, filed in the office of the County Re-
corder April 1 1891 and recorded. in Volume 4 of Plats at page 68, Fresno Cou;`;�ty
Records; thence Easterly, along the Westerly production of the South line of
said Lot 198, and along the South line of said Lot 198, being also, along the
existing City Limits of said City, to the Northwest corner of Lot 167, of said.
Amended Perrin Colony No,, 2; thence Southerly, along the West lines of Lots 167
and 168, of said Amended Perrin Colony No 2, and along the Southerly production
of the West line of said Lot 168, being also, along the :existing City Limits of
said City, to the intersection with the South right-of-way line of East Herndon
Avenue, as it now exis is , being also, approximately 80 feet South of the ` South
line of Section 34, of said Township and Range; thence North 85°51130" West,along the South right-of-way Line of said East Herndon Avenue, being also,'along
the existing City Limits of said City, a distance of 230 feet, more or less;
thence Westerly, along a tangent curve, concave to the South, and having a radius
of 6747.00 feet, being also, along the South right-of-way line of said East Herndon
Avenue, being also, along the existing City Limits of said City, through an in-
terior angle of 124013211, an arc distance of 197.31 feet, to a point which is
140.00 feet East of the East line of the Northwest Quarter of Section. 3, Township
13 South Range 20 East, M,.D.B.&M'.; thence South 8420510311 West, being also, along
the existing City Limits of said City, to the intersection with the East line of
the Northwest Quarter of ..said Section 3; thence Northerly, along the East line of
the Northwest Quarter of said Section 3, and along the Northerly production of
the East line of the Northwest Quarter of said Section 3. to a point which is
48.50 feet North of the South line of said Section 34; thence Westerly, along a
line which is parallel with and 48.50 feet North of the South line of said. Section
34, to the Point of Beginning.
Parcel IL
BEGINNING at a point on the East line of Lot 4 of born Addition to Pined:ale, ac-
cording to the Map thereof, filed in the Office of the County Recorder July 18,
1923, and recorded in Volume 10 of Plats at page 18 .Fresno County Records, which:
is 48.50 feet North of the South line of Section 33, Township 12 South, Range 20
East, Mount Diablo Base anA 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 Northerly, along the East line of said Lot 4, being also, along
the existing City Limits of said City, to the Northeast corner of said Lot 4;
thence Easterly, along the South lines of Lots 16, 15, 14 , 13 and 12 of said Horn
Addition, being also, along the North line of Lots 5,, 6, 7, 8 and 9, of said Korn
Addition, being also, along the existing City Limits of said City, to the Southeast
corner of said Lot 12F being also, the Southwest corner of Parcel Map No. 153, as
shown on the Map thereof, ::Filed in Book 6 of Parcel Maps at page 17--A, Fresno
County Records; thence Southerly, along the West line of Lot 10, of said Horn Addi-
tion, being also, along the existing City Limits of said City, to a point which is
48.50 feet North of the South line of said Section 33; thence Westerly, parallel
with and 48.50 feet North of the South line of said Section 33, to the Point of
Beginning. APPROVED -LAFCO
File No. 1958 (Revised) -"
Drawing No 6-A-9883C
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ExecG five 011' :cer
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DATE
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Executive Off:c_r
,•;•••' EX/ST//VG
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FILE No.
ANNEX No.
ACRES=
COUNCIL DISTRICT No.
ALLOCATED TO COUNCIL DISTRICT NO. AS PER COUNCIL DR. EY.
DISTRICT MAP DATED 10-24-78 DATE -
DISTRICT SCALE=1 6_A- ��la
"_ 4tOD
EXHIBIT "C"