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HomeMy WebLinkAboutResolution - City Council - 79-430 - 1979-10-02Ut h Alffik Ecl Biel icy'.1 RESOLUTION NO. 7 9 `" 4 3 8 .A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, IN THE MATTER OF THE INDIANAPOLIS-GLENN NO A DISTRICT REORGANIZATION ORDERING A REORGANIZATION TO THE CITY OF FRESNO AND THE NORTH CENTRAL FIRE PRO- TECTION DISTRICT. WHEREAS, proceedings for a reorganization were commenced by the Council of the City of Fresno pursuant to its Resolution No. 79-23 adopted: on January 23, 1979, being a resolution of application by the City of Fresno requesting the Fresno Focal. Agency Formation Commission to take appropriate proceedings for the annexation of land to the City of Fresno and the detachment of the same territory from the North Central Fire Protection District, such reorganiza- tion proposal has been assigned the short form designat:i.on "Indianapolis - Glenn Ito, 4'" the boundaries of which are hereinafter more particularly , described; and WHEREAS, subsequent to the filing of said resolution of application with i the Fresno Local Agency Formation Commission, and subsequent to the giving of f 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 form and manner provided by law, said Commission did on the 28th day of March, 1979, meet at the time and place appointed therefor in said 1 I notice 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--79-5 "Making Determination and Approving Proposed Indianapolis -Glenn No.4 Reorganiza- tion" of the City of Fresno and North Central Fire Protection District, on March 28th, 1979, all at the time and in the form and manner as prescribed by law; and WHEREAS, said Fresno Local Agency Formation Commission Resolution No. RO--79-5authorized the Council to conduct the proceedings for the reorgani_za, tion in the manner provided by law, and WHEREAS, the Council initiated proceedings for said proposed reorganiza- tion by adopting on August 21, 1979, Resolution. No. 79-341, generally entitled a "Resolution Initiating Proceedings for the Reorganization of the City of Fresno and the North Central Fire Protection District" and set a hearing on the `� FF r"r Page I of 4 proposed reorganization for the 2nd day of October, 1979, at 2.-15 p.m.., in the Council Chamber, City Half, 2326 Fresno Street, Fresno:, California 93721, all in the manner prescribed by law; and 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 hour 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 presented and summarized to the Council; and WHEREAS, the Council considered all factors required by law for a proposed reorganization and considered all testimony, protests and all evidence pre- sented with respect thereto; and WHEREAS the Council determines that the proposed reorganization constitutes inhabited territory as defined by law and that written protest filed and not withdrawn represented less than twenty-five percent (25) of the number of lWnd owners within all territory proposed to be annexed: or detached, owning not more than twenty-five percent (256) of the assessed value of land therein and less than twenty-five percent (25 0) of the voting power of Voters entitled to Grote as a result of residing within or owning land within such territory; and WHEREAS, pursuant to Fresno Municipal Code Section 2--20.8 the subject terri- tory is allocated to the Hoover Council District No.6> 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 described in Exhibit "A", attached hereto and incorporated herein May reference and more particularly depicted upon the map marked. Exhibit "B" attached hereto Page 2 of Ps, ANA6. and incorporated herein by reference, be and it is hereby annexed to the City of Fresno and the same territory and it is hereby detached from the North Central 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 may be, and that no lands have been improperly omitted from or included within said proposed annexation and detachment 3. That the reasons for this proposed reorganization are as follows a. The subject territory is within the City of Fresno's Sphere of Influence. b. Three property owners within the area. have expressed a desire to annex to the City. c. The consolidation of the subject area into one detachment - annexation project is beneficial to the affected government' 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 forth Central Fine Protection District. 4. That it is ordered that such reorganization be deemed consummated without an election in that the territory is inhabited and that written protests filed and not withdrawn represented less than twenty-five percent (25 s) of the number of landowners within all territory proposed to be annexed or detached, owning not more than twenty-five percent (250) of the assessed value of land therein, and less than twenty --five percent (Za) of the voting power of voters entitled to vote as a. result of residing within or, owning land within such territory. 5. It is further ordered that such reorganization shall be subject to the conditions imposed by the Fresno Local. Agency Formation commission as are more particularly set forth as follows: a. Inclusion of APNs 426-342-30 and 19. b. Submission of revised map and :Legal description, approved by the County Assessor's Office, to the Local Agency Formation Commission. 6, The Council finds that the conditions which are identified herein as No. 5. a and: 5. b are fulfilled. 7. The Clerk of the City of Fresno shallimmediately cause to be trans- mitted to the Executive officer of the Fresno Local Agency Formation Commission Certified copy of this resolution. Upon the filing of the appropriate Page 3 of 4 documents by the said Executive Officer in the manner prescribed by law, the reorganization shall be completed. IT IS FURTHER RESOLVED by the Council of the City of Fresno that the subject territory designated as the Indianapolis --Glenn No.4 District Reorganiza- tion, described in said Exhibit "A" and depicted on said Exhibit "B" be and is hereby allocated to the Hoover Council District No,6, CLERK CERTIFICATION STATE OF CALIFORNIA` } COUNTY OF FRESNO ) ss v CITY OF FRESNO } 1, 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 d day of October~ 1979. JACQUELINE L . R.YLE City Clerk B---------------- } Dy GAK/FEG: ak 9-7-79 Page 4 of '4 "'E"CEIVED C�LUTION NO RO-79-5 `{ 12 97 PLANNING & INSPECTION DEFT. 1 MAKING DETERMINATION AND Af4'69 C ESNO RESOLUTION OF THE PROPOSED "INDIANAPOLIS--GLENN ' 4" } FRESNO LOCAL AGENCY 2 REORGANIZATION FORMATION COMMISSION A WHEREAS, preliminary proceedings have been initiated by the 5 City of Fresno to annex certain territory to the City of Fresn and detach from North central Fire Protection District in the 7 County of Fresno; and 8 WHEREAS, an application for said proposal has been accepted 9 for filing by the Executive Officer of the Local ,Agency Formation 10 Commission pursuant to Title 6, Division 1, Part 2 of the u 11 Government Code; and 12 WHEREAS, said application: was set for hearing by the Executive i 13 Officer on the 28t.h day of ,March 1979, at the hour of 1.:25 P.M. 14 of said day; 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 .� WHEREAS, the Executive Officer has reviewed said application 19 x and prepared a report including his recommanda,tions thereon, said 20 application and report. having been presented tQ 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 26 been -prepared and properly noticed by the .Executive Officer and 27 said ;negative declaration was considered by the Commission,. 28 NOW-, THEREFORE, BE IT RESOLVED that the Local .Agency Formation 29 Commission of the County of Fresno does HEREBY RESOLVE, DETE14MINE 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 FRESNO F MSKO, CAUFORNIA 1 found that the proposed inclusion will have no environmental impact beyond that added in the information submitted in the environmental l 3 finding for the proposal. 4 Section 2. Said proposal is approved subject to the terms and i 5 conditions ns hereinafter specified. 6 Section 3. Any resolution of the conducting agency ordering l 7 this reorganization shall provide that such reorganization shall be { 8 subject to the following terms and conditions: ' 9 1. Inclusion of APN 426-342-30 and 19 and submission of 10 revised, map and legal description, approved by`the County assessor 11 office, to the Local Agency Formation Comiission.. 12 Section 4. The bou)adaries of the territory proposed. to be 13 reorganized, as set forth in attached Exhibit A and as amended 14 by condition, are approved. Said territory .is found to be inhabited 115 and is assigned the following distinctive short form designation. 16 Indianapolis -Glenn #4. 17 Section 5. The City of Fresno is designated as the conducting 18 agency and the governing body of said agency ,is hereby airect.ed to 19 initiate reorganization proceedings in compliance with this 20 resolution. 21 Section 6. Further proceedings shall be initiated., conducted:, 22 and completed pursuant to required law. Proceedings and any; 23 resolution of approval shall comply with +he Co uniss ,on esolutic n 24 of approval. 25 Section 7. The Executive officer is hereby authorized and 26 directed to mail certified copies of this resolution as provided' 27 in Section 56272 of the Government. Code. 28 2'9 33 . 31 32 COUNTY or rytZSNts 1 ADOPTED THIS 2 8th day of March 1979 by the following vote: AYES: Valdez Howard:, Albright NOES: None 4 ABSENT; Donaldson, Johnson 5; 6 STAVE OF CALIFORNIA} COUNTY OF FRESNO } 7 1 MARTIN L. PANTER, Executive Officer of the Local Agency 8 Formation Commission certify that the foregoing resolution was adopted by the Fresno County Local Agency Formation Commission, 9 California, at a regular meeting held on the 28th day of March 1979. _ 10 7 12 MARVIN L. PANTER, Executive -Officer 14 15 15 17 18 19 2 21 22 23 24 25 2� 2' 28 29 30 31 32 COUNTY OF FRZ3N0 FREMNO, CALIFORNIA „,r,, ,axw,at�tcr •,�s� ;e�:Ba3;���a s��di�°Ge��'"";;if ... �� __. A .XMIANAPOLIS—G:XNN NO. 4 WISTRICT REORGANIZATION PART 7C Area to be Detached from the North Central Fire Protection District and Annexed to the City of Fresno. ,,Cons fists of Lots 12 to 14, inclusive, and portions of Lots 71 8 and 15, all .of Pleasant View Acres, lying in Section 16, 13f 20 M.D B . &M BEGINNING at the intersection of the Westerly production of the North line of Lot 6 of Pleasant View Acres, as said lot is shown on the Map thereof, filed in the Office of the County Recorder October 23, 1920, end recorded in Volume 8 of Plats at page 92, Fresno County Records, -with a line which is parallel` with and 30.00 feet West of the. West line of said Lot 6. 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 F, and along the North line of said Lot 6, being also, along the existing City Limits of said City, to a point which is 112.03 feet East of the West line of said Lot 6 thence Northerly, along a line which is parallel with and 112.03 feet East of the West Line of Lot 74P of said Pleasant View Acres, to the intersection with the South line of Lot 81 of said Pleasant View Acres; thence Easterly, along the! - South line of said Lot 8, to the intersection with the East line of the West Half of said Lot 13; thence Northerly, along the East line of the West Half of said Lot 8, to the intersection with the North lane of said Lot 8; thence' Westerly, along the North Line of said Lot 8, and along the Westerly production of the North line of said; Lot 8, to the intersection with a line which is parallel with and 30 .00, feet East of the East line of Lot 12, of said pleasant view.Acres; thence Northerly, along said line being parallel with and 30.00 feet East of the East line of said Lot 12, to the intersection with the Easterly production of the North line of said Lot 12; thence Westerly, along the Easterly production of the North line 1 of said Lot 12; and along the North line of said Lot 12, to the Northwest corner of said Lot 12; thence Southerly, along the West lines of Lots 120. 13 and 1, of said Pleasant View Acres, to the Northwest corner'of Trot 15 of said Pleasant View Acres; thence Easterly, along the North line of said Lot 15, to a point which is 85.00 feet West of the Northeast corner of said Lot 15; thence Southerly, a:Long a line which is parallel with and 85.00 feet West of: the East line of said ]At 15, to a point which is 30.00 feet South of the South line of said Lot IS; thence Easterly, along a line which is parallel with and 30..00 feet South of the South line of said Lot 15, to the intersection with a line which.is parallel with and the 30 30 feet West of the West line of said Lot 6, being also, a point on lel ing City Limits of said City, thence Northerly, .long said line being parallel with and 30.00 feet West of the West line of said Lot 6, ,and being also, along the Existing City Limits of said City, to the Point of Beginning. PART II Area to be Detached from the.,North Central Fire Protection District and Annexed to the City of Fresno. Consists of a portion of the southeast Quarter of section 16 13/20 M.D.B &M. BEGINNING at the intersection of a Fine which is parallel with and 30.00 feet East of the East line of Lot l of Del liar Estates, as said lot is shown on the Map thereof filed in the Office of the County Recorder January 1.2, 1956 and re-, corded in Volume 18 of _Plats at page 29 Fresno County Records, with the North line of the Northeast Quarter of section 21, Township 13 South, Range 20 East, Mount Diablo Base and Meridian, as said Section is shown on the United States Township Plats, said point, being also,• a point on the existing City Limits of the. City of Fresno thence Easterly, along the. North line of the Northeast Quarter of said Section 21, being also, alone the South line of the southeast Quarter of ,s Section 16 of said Township and Range, being also along the existing City Limits of said City, a: distance of 160.99 feet, more or less, to a point which is 355.00 feet West of the Southeast corner of said .Section 16 the, forth Oa(i8'00” West, parallel with and 355.00 feet West of the East line of said Section 15, being of said City, a distance of 1789 feet; also, along the existing City Limits ' thence West, a distance of 199.33 feet; thence South 01,010011 East, a distance of EXHIBIT seA" Page 1 of 2 47 178.54 feet, to the {tersection with the Souti lin the Southeast Quarter ine the Southeast of said section 16 ence Easterly, along the: Sou of Quarter of said Section 16, a. distance of 36.46 feet to the Pojnt of Bthq nni.ng. File No. 1953 Acres - Part. I = 4043 5.25 Total Acres - Part II = 0.82 Drawing No. 6-A--9 8 3 6/4/79 Ar TWB/pt ,AP ROVcD-LAi=CO - Dui k i Ecec u tive . Of"I'Cer 1 i ` 1 EXHIBIT "A" Page 2 of 2 _e .R�.P�-+� - "•`�!1i9'• +Or'LQ.�L1Ci.�.nat..rk..+. `. = e'.i.•3s"... .. T T Y.S .3 u ,V 01 AVE. ; •' is . ` !e' W a /V/L, Lor/1 AVA. /i J /S . J O• EID,14ADTQ \ �L 1 2 ••' Al L!N OT 8 OVA. : 7 I N 4 or 6 P. Y.A. �.�•'• ••• .•. • . • • • • 41NE �. • . . s/NE Lor.r.�Yq. A V E 0 1-69 :ram::::'- 0 CZ-2 - Q7 2 a. 6 -1 � z 13 izr z 42390 ,f7 7f' ,f7 sV 1.1� �t�si IO •••-�f''wt- JSS�O-....R-•3850---........ .. �. fo0 C :::::::::::::::': R 3114.��,� -Se..ae1: :..... ........ 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