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HomeMy WebLinkAboutResolution - City Council - 79-375 - 1979-09-04Ruth Pouf ter x r Ed Biel icki RESOLUTION NO, 79 - 3 7 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,:CALIFORNIA IN THE MATTER OF THE HUNTINGTON-BUSH NO. l DISTRICT REORGANIZA- TION ORDERING A REORGANIZATION TO THE CITY OF FRESNO AND THE MID 'VALLEY FIRE PROTECTION DISTRICT WHEREAS, this proposal is made pursuant to the District Reorganization Act of 1965 contained in Division l of Title 6 (commencing with Section 56000) of the California Government Code; and WHEREAS, the nature of the proposed change is a reorganization consisting of the detachment of certain territory consisting of 2.89 acres and hereinafter called the "subject territory from the Mid Valley Fire Protection Distract and the annexation of the subject territory to the City of Fresno; and WHEREAS,, no other counties, cities, or districts are affected; and WHEREAS, the subject territory proposed to be detached from the Mid Valley Fire Protection District and annexed to the City of Fresno is inhabited, is described in Exhibit "A", and is graphically depicted, upon the map marked Exhibit f and by these references is made a part of this resolution; and wHEREAs, LAFCO has determined the project to be an acitzvity of a type which: would not have a significant effect on the environment; and WHEREAS, pursuant to the requirements set forth in 'Government Code Section 35102, a service plan for the subject territory has been prepared and said ser- vice plan is attached hereto as Exhibit "C"", and by this reference made part of E this resolution; and WHEREAS, all information and findings regarding the: subject proposal, inc- j eluding the service plan, was prepared and provided by the applicant and has been found to be adequate by City stafff and WHEREAS, no new districts are proposed to be formed by this reorganization and WHEREAS, the owner of the subject territory to be annexed has given his written consent to the reorganization; and WHEREAS, the Fresno Local Agency Formation Commission, on the 25th day of July, 1979, at a duly noticed public hearing, considered all matters relevant -to the proposed reorganization and heard all persons interested, and adopted Resolution No:. RO-79-6, "Making Determination and Approving Proposed Huntington - Bush No. l Reorganization",'all at -the time and in the farmand manner as prescribed by law; and 221 Page 1 of WHEREAS, said Fresno Local Agency Formation commissionResolution No. RO- ?9-6''authorized. this Council to conduct the proceedings for the reorganization both without notice, hearing, or election, pursuant -to Government Code Section 56261; and WHEREAS, the Fresno Local Agency Formation Commission's resolution making determinations was presented and summarized to this,Council and WHEREAS, the Fresno County Assessor's roll will, be used for the purpose of levying any assessments or taxes on the subject territory; 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 shall become due on account of any outstanding bonded indebted- ness incurred by the City prior to the effective date of such annexation and WHEREAS, upon completion of this reorganization proposal, the subject terri- tory will be included in Municipal Bond Area "D".and will not be taxed for any existing bonded indebtedness or contractual oblicjationsf and WHEREAS, it 'will,be to the best interest of the inhabitants to annex the name: or detach the same, as the case may be; and WHEREAS, lands have not been improperly omitted from or included within said proposed annexation and detachment; and WHEREAS, ` pursuant to Fresno ,Municipal Code Section :2-208 the subject territory is allocated to the Roosevelt Council District No 5. NOW, THEREFORE, the Council of the City of Fresno resolves and orders: 1. The territory within those boundaries described in Exhibit "'.A"r attached hereto and incorporated herein and more particularly depicted upon the map marked Exhibit "B," attached hereto and incorporated herein, is hereby annexed to the City of Fresno and the same territory is hereby detached from the Mid Valley Fire Protection District of Fresno County. 2. The 'reasons for this proposed reorganization are as follows: a.. The subject territory is within the City of Fresno's Sphere of influence. b. The owner of the subject territory has expressed a desire to annex to the City. c. The consolidation of the subject territory into one detachment - annexation project s-s beneficial to the affected governmental processes and the resultant City and District boundaries. Page 2 of 3 } t4 } cif RF-CEIVED RESOLUTION NO. R0-79--6 & INSPECTION GEP . PLANNING 4 CITY OF FRESNO 1 MAKING DETERMINATIION AND APPROVING) RESOLUTION OF THE PROPOSED "HUNTINGTON-BUSH #1" ) FRESNO LOCAL AGENCY 2 REORGANIZATION, FORMATION COMMISSION 3 4 WHEREAS, preliminary proceedings have been initiated by 5 Bile Tatham Investments Company, property owner, for the proposed 5 "Huntington -Bush 41" reorganization to annex certain; territory to 7 the City of Fresno and detach from Mid -'Malley Fire Protection 8 District in the County of Fresno; and - 9 WHEREAS, an application for said proposal has been accepted 10 for filing by the Executive Officer of this Local Agency Formation 11 Commission pursuant to Part 2 of Title 4, Division 2 of the 12 Government Code; and 13 WHEREAS, the.Executive Officer has reviewed said. application 14 and prepared a report, including his recommendations thereon, said 15 application and report having been presented to and considered by 16 this Commission; and 17 WHEREAS, this Commission has considered all relevant factors 18 and heard all interested parties wishing to speak on said 19 application; and 20 WHEREAS, 'it appears to the satisfaction of this , Commission 21 that, all owners of the land within, the territory proposed to be 22 reorganized havegiven written consent to such proposal 'and 23 WHEREAS, written notice was given to those agencies whose 24 boundaries ' would be affected by the proposal as :required by 25 Section 56261 of the Government Code, and " no demdn for public 26 hearing was made; and 27 WHEREAS, the proposed project was determined to be an activity 28 of a type which would not have a significant effect on the env ron-- 29 merit and is, therefore, not subject to the.provisions of the 30 CaliforniaEnvironmental Ouality Act. 31 NOW, THEREFORE, the Local Agency Formation Commission of the 32 County of Fresno DOES HEREBY RESOLVE,, DETERMINE AND ORDER as follow., COUNTY air r*XffN* RC NO. CALWORNIA 1 Section 1. This Commission certifies it has reviewed and 2 considered the environmental finding-- 3 Section 2. Said proposal is approved subject to the terms 4 and 'conditions hereinafter, specified. 5 Section 3. Any resolution of the conducting agency ordering this reorganization shall provide that such reorganization shall be 7 subject to the following texas and conditions: 8 None 9 Section 4 The boundaries of the territory progcosed. to be 10 reorganized, as set forth in attached Exhibit A or as amended by 1.1 condition,are approved.. Said territory is found to be inhabited 12 and is "assigned the following distinctive short form designation;, 13 Huntington --Bush #1. 14 Section 5.' The City of Fresno is designated as the conducting 15 agency and the governing body of said agency is hereby directed. to 6 initiate reorganization proceedings, said proceedings are. authorize 17 both without notice and hearing, and election, pursu4nt to 18 Government Code Section 56261. 19 Section 6. Further proceedings shall be initiated, conducted, and completed pursuant to required law: Proceedings and any 21 resolution of approval shall comply with this resolution. 22 Section 7 The Executive Officer is hereby directed to mail 23 certified copies of this resolution as provided.in Section 56272 24 of the Government Code. 25 ADOPTED this 25th day of Jury 1979 by the following vote 26 AYES: Valdez, Howard, Donaldson,` Petery, Johnson 27 NOES: None 28 ABSENT: Albright 29 STATE or CALIFORNIA) COUNTY OF FRES`NQ � 30 I, MARVIN L. PANTER, Executive officer .of the Local Agency Formation Commission certify that the foregoing resolution was, 31 adopted by the Fresno County Local Agency ` FormationCoMmIssi.on, California, at a regular. meeting held on the 25th day of July 1979. 2 3alp MA.RVIN L. P,ANTER t Executive officer �u�T,► of, :,He �EN1�. CAL.IIrORNIA TU L c,4'�?L ,a..e- - N.vcveL'a NE CpleCJF W VZ LvT�.f1 hE Cce L4r 4n iT(1 EA�TE ' �r ��► C Nc7 t�STL`1eS'-r N`^iCnf'. Le9 s� C w E noif L,--,TaI NE P?�%P� -, G p A �! t�1 EXAT f n � env ►•+ C,�'�( i''1pnPC7�-,Ep !-CNN E>C,rJTiC�t�.l P.�nUNQA�Y APPROVLEQ-_,., MA► Vj7: i r.. . Executive 0.11c:r EX �l I �E)IT 'B ;=�o-T-P- : ►-►Z-779 C IT Y 0 F F �'5. '_ inn -\ND DE ,\C.W�lENT Fr::OM fDVALLE T � Y �2.. 6 � �. 51 7 �a �, • I -a . U N T i N� Tn tom!