HomeMy WebLinkAboutResolution - City Council - 79-428 - 1979-10-02Puth Pointer
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RESOLUTION NO. 7 9 - 4 2
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA IN THE MATTER OF THE SHIELDS -FOWLER 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. 78-445 adopted on
October 17, 1978,, being a resolution of application by the City of Fresno
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requesting the Fresno Local Agency Formation Commission to take appropriate
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proceedings for the annexation of land to the City of Fresno and the detachment j
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of the same territory from the Mad Valley Fire Protection District, such re-
organization proposal has been assigned the short form designation "Shields -Fowler
Noe3", 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 fora and manner provided by law, said Commission did on the 28th day of
February, 1979, meet at the time and place appointed therefor in said notice to
consider all matters relevant to the proposed reorganization and to Bear 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,
"Making Determination and Approving Proposed Shields -Fowler No.'3 Reorganization"
of the City of Fresno and the Mid Valley Fire Protection District, on February 28,
1979 all at the time and in tre form and 'manner as prescribed by law; and
WHEREAS, said Fresno Local, Agency Formation Commission Resolution No.
RO-78-36 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 August 21, 1979, Resolution No. 79-339, 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 2nd day of October, 1979, at 2: 5 p.m., in the Council
Chamber, City Hall,-2326 Fresno Street, Fresno, California 93721, all in the
manner prescribed by lawn and
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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
law; 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 hens set for hearing thereof were
considered 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 pre-
sented and summarized to the Council, and
WHEREAS, the Council considered all factors required by law for a proposed
reorganization and considered: all testimony, pretests and all evidence presented
with respect thereto, and
WHEREAS,, the Council determines thatthe proposed reorganization constitutes
uninhabited territory as defined by law and that gritted protests filed and not
wthdrawn 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 terri--
Cory is allocated to the McLane Council District Now4.
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
f described in Exhibit ,"A",attached hereto and incorporated, herein by reference
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fand more particularly depicted upon the map marked Exhibit "B" attached hereto
and incorporated herein by reference, be and it is hereby annexed to the City
of Fresno and the sameterritory and it is hereby detached 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 maybe, and that no lands have been
improperly omitted .from or included within said proposed annexation and detach-
ment.
Page 2 of 3 Pages
3. That the reasons for this proposed reorganization are as fol.lcaws.
a. The subject territory is within the City of Fresno's Sphere of
Influence.
b.. All property owners within the area have expressed a desire to
annex to the City.
c. The consolidation of thesubjectarea 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 Fare Protection. District.
4. Written protests filed and not withdrawn 3cepresent less than fifty
percent (50 ) of the assessed value of land therein,
5. It is further ordered that such reorganization shall be subject to the
condition imposed by the Fresno Local .Agency Formation Commission, namely that
a revised map and legal description, approved ;by the County Assessor's .office
and including the west 499.1.0' of APN 440--040--58 and 59 only, shall be sub- j
mitted to the Local Agency Formation Commission..
6. The Council findsthat the: condition which is identified herein as No.5
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is fulfilled.
7. The Clerk of the City of Fresno shall immediately cause to be transmitted
to the Executive Officer of the Fresno Local. Agency Formation commission a
certified copy of this resolution. Upon the filing of the appropriate d.ocuartents
by the said Executive Officer in the manner prescribed by law, the reorganiza-
tion shall be completed,
IT IS FURTHER RESOLVED by the Council of the City of Fresno that the subject
territory designated as the Shields -Fowler No.3 District Reorganization, des --
cubed in said Exhibit "A" and depicted on said Exhibit '13" be and is hereby
allocated to the McLane Council District No.4.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA 7
COUNTY OF FRESNO } ss,
CITY OF FRESNO
I, JACQUELINE L. R,YLE, 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 n d day of o c tnh e r 1979.
t L) AS TO FORM, JAcQUELINE L. RYLE
City Clerk
;;XTY ATTORMS 1
GAK f Dety
9-5--79
Pago 3 09 3 Pages
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a RE-AfiLUTION NO. RO-78_36
MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE
PROPOSED "SHIELDS -FOWLER #3" FRESNC LOCAL AGENCY
REORGANIZATION FOR14ATION COMMISSION
WHEREAS, preliminary proceedings have been initiated by the
City of Fresno to annex certain territory to the City of Fresno and
detach from Mid -Valley Fire Protection District in. the County of
Fresno`; and
WHEREAS, an application for said proposal has been accepted for
filing by the Executive officer of this Local Agency Formation
Commission pursuant to Title 6, Division 1, Part 2 of the
I Government Code and
WHEREAS, said application was set for hearing by the Executive
f Officer on the 20th day of December 1978 and continued to
February 28, 1579, to allow time for the City Council.. of Fresno to
consider the McLane Community Plan, to receive more information
concerning availability of sewers, and a new environmental assess-
ment on any change from the previous environmental document; and
WHEREAS, notice of the hearing of said application was duly
given by nail, pasting, and newspaper publication as required by
law; and
WHEREAS, said Executive officer has reviewed said application
in
..and. prepared a report, including his recommendations thereon, said
application and report having been presented to and considered by 1
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this Commission; and
WHEREAS, a letter was received from the property owner's
representative, J. Carp Mot.schiedler, requesting the westerly 30.2
acres only be considered, and
WHEREAS,, this Commission has considered all relevant factors
and heard all interested parties wishing to speak on said
application; and
WHEREAS, a negative declaration of environmental impact had
been prepared and properly noticed by the City staff and said
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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 declaration.
7 Section 2 - Said proposal is approved; subject to the terms and
8 conditions hereinafter specified.
Section 3. Any resolution of the conducting agency ordering
10 this reorganization shall provide that such reorganization shall be
following 11 subject to the f g terms and conditions;
12 1. A revised map and legal description, approved by the County
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13 Assessor's office and.including the west 499 19' of APN 440-040 -58
14 and 59 only, shall be submitted to the Local Agency Formation
15 Commission: i
16 Section 4 The boundaries of the territory proposed to be
17 reorganized, as set forth in attached Exhibit A and as amended by
18 condition, are approved. Said territory is found to be uninhabited
19 and is assigned the following distinctive short form 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
23 initiate reorganization proceedings in compliance with this
24 resolution.
25 Section G. Further proceedings shall be initiated, conducted,
26 and completed pursuant to required lave. Proceedings and any
27 resolution of approval shall comply with the Commission resolution
f 28 of approval.
29 Section 7., The Executive Officer is hereby authorized and
30 directed to mail certified copies of this resolution as provided
31 in Section 56272 of the Goverment Code.
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COUwry or 7r"ZSN0
FRFSNO, CALIFORNIA
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Alm
SHIELDS -FOWLER NO.
DISTRICT REORGANIZATION
Area to be detached from the Mid -Valley Eire Protection District and
Annexed to the City of Fresno
Consists of a portion of the Northwest Quarter of Section 28, T13S R21E"
M. D ;B SUM.
BEGINNING at the Northwest corner of the Northeast Quaff -ter of Section 28,
Township 13 South, Range 21 East, Mount Diablo Base and Meridian, as :said
Section is shown on the United States Township Plats, being also, a point
can the existing City Limits of the City of Fresno; thence Seth. 89956140"
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 0209143"
East, being also, along the existing City Limits of said City, a distance of
2643e35 feet, to the intersection with the North line of the South half' of
said Section 28; thence Forth 89259 $53" 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 Na. 1909'
Acres = 30.21
Drawing No. G-A--9 39 (Revised)
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ALLOCATED TO COUNCIL DISTRICT NO. AS PER COUNCIL
DISTRICT MAP DATED 10-24-78
EXHIBIT
.QE'VCSc�-O s�2�/79
F 1 L. E No. Z9 2,21,
ANNEX No. -
ACRES
COUNCIL DISTRICT No.
DR. BY. T�
DATE
SCAL F's�'�_ ��