HomeMy WebLinkAboutResolution - City Council - 82-029 - 1982-01-190 • Ed Bielicki
RESOLUTION NO. 82-29
RESOLUTION INITIATING PROCEEDINGS FOR THE
REORGANIZATION OF THE CITY OF FRESNO, THE
KINGS RIVER CONSERVATION DISTRICT AND THE
MID VALLEY FIRE PROTECTION DISTRICT, IN-
VOLVING UNINHABITED TERRITORY DESCRIBED
HEREIN AND DESIGNATED AS THE PROPOSED
HARVEY-GARDEN NO. 2 DISTRICT REORGAN-
IZATION, SETTING THE TIME, 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 No.
81-280, adopted on July 28, 1981; and
WHEREAS, the Fresno Local Agency Formation Commission on
the 25th day of November, 1981, met at the noticed time and place
to consider all matters relevant to the proposed reorganization
and heard all persons interested therein, and adopted at the time
and in the form and manner prescribed by law its Resolution No.
RO-81-53, "Making Determination and Approving the Proposed
Harvey -Garden No. 2 District Reorganization", a copy
of which is attached hereto and identified as Exhibit "A"; 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 shall become due
on account of any outstanding bonded indebtedness incurred by the
City prior to the effective date of such annexation; upon completion
of the reorganization proceedings for this proposal the subject
territory will be included in Municipal Bond Area "D" and will not
be taxed for any existing bonded indebtedness or contractual
obligation.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the
Council of the City of Fresno, as follows:
1. Proceedings are hereby initiated for the proposed
Harvey -Garden No. 2 District Reorganization as
described in Exhibit "B" and graphically de-
picted in Exhibit "C" wherein the City of Fresno,
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the Mid Valley Fire Protection District and
the Kings River Conservation District are all sub-
ject 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. 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 annexation is being initiated by the City
of Fresno in accordance with the Council's
Policy to unify the metropolitan area.
C. It is advantageous for the territory within
the Harvey -Garden No. 2 District Reorganization
to be a part of the City of Fresno.
5. February 23, 1982, at the hour of 3:00 p.m., 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 resolution be, and is
hereby, established as the time, date and place
of hearing on the proposed reorganization. At
this time and place any interested person de-
siring to protest said reorganization shall do
so by written communication filed with the Clerk
of the City of Fresno not later than than the
hour set for hearing. Written protests shall be
signed and submitted after the adoption of this
resolution and shall contain the date of signature.
Page 2 of 3
A written protest by a landowner shall contain a
description sufficient to identify the land owned
by him.
7. The Clerk of the City of Fresno shall give notice
of such hearing once in a newspaper of general
circulation at least fifteen days prior to the
date specified herein for hearing.
8. 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.
9. The Clerk shall further cause notice to be mailed
to each person who owns land within the subject
territory and to all other affected cities or dis-
tricts, and any other person who has a written re-
quest for special notice. Such mailings shall be by
first class mail, postage prepaid, at least fifteen
days prior to the day specified herein for hearing.
10. The Clerk 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.
CITY OF FRESNO )
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 19th day of January, 1982
JACQUELINE L. RYLE
APPROVED AS TO r'ORY City Clerk
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By
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Page 3 of 3
R oOLUTION NO. RO-81-53
� I
1 MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE
PROPOSED "HARVEY-GARDEN 42" ) FRESNO LOCAL AGENCY
2 REORGANIZATION ) FORMATION COMMISSION
3 --------------------
4 WHEREAS, preliminary proceedings were initiated by the City of
5 Fresno to annex territory generally located south of Harvey Avenue
6 between Garden and Winery Avenues to the City of Fresno and detach
7 from the Mid -Valley Fire Protection District and Kings River
8 Conservation District in the County of Fresno; and
9 WHEREAS, an application for said proposal was accepted for
10 filing by the Executive Officer of this Local Agency Formation
11 Commission; and
12 WHEREAS, said application was set for hearing by'the Executive
13 Officer on the 25th day of November, 1981, at the hour of 2:30 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
18 WHEREAS, the Executive Officer reviewed said application and
19 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 considered all relevant factors and
23 heard all interested parties wishing to speak on said application;
24 and
25 WHEREAS, the Commission has reviewed and considered the
26 information in the Negative Declaration as provided in the Executive
27 Officer's Report duly prepared and filed by the City of Fresno.
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:
23
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Exhibit "A"
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Section 1. Said proposal is approved. Any resolution of the
conducting agency ordering this reorganization shall provide that
such reorganization shall not be subject to any terms and
conditions.
Section 2. Said territory is found to be uninhabited and
is assigned the following distinctive short form designation:
"Harvey -Garden 42".
Section 3. The City of Fresno is designated as the conducting
agency, and the governing body of said agency is hereby directed to
initiate reorganization proceedings in compliance with this
resolution.
Section 4. Further proceedings shall be initiated by the
conducting agency not later than 35 days after the date of adoption
of the Commission resolution and shall be conducted and completed
pursuant to required law. Proceedings and any resolution of
approval shall comply with the Commission's resolution of approval.
Section 5. The Executive Officer is hereby authorized and
directed to mail certified copies of this resolution as provided
in Section 56272 of the Government Code.
ADOPTED this 25th day of November, 1981, by the following vote:
AYES: Wilder, Tucci, Howard, Levy, Johnson
NOES: None
ABSENT: None
STATE OF CALIFORNIA)
COUNTY OF FRESNO )
I, MARVIN L. PANTER, Executive Officer of the Local Agency
Formation Commission certify that the foregoing resolution was
adopted by the Fresno County Local Agency Formation Commission,
California, at a regular meeting held on the 25th day of November,
1981.
MARVIN L. PANTER, Executive Officer
HARVSY-GARDEN NO. 2 DISTRICT REORGANIZATION
Area to be Detached from the Mid -valley Fire Protection District, the
Kings River Conservation District, and Annexed to the City of Fresno.
Consisting of Lots 1, 2, 3 and 4, in Block 3 of Belmont Gardens,
in Section 31, 13/21, M.D.B. & M. lying
Beginning at the intersection of the Northerly
line of Lot 4 in Block 3 of Belmont Gardens, asprosaidclotnisfshownEontthe
Map thereof, filed in the Office of the County Recorder June 4, 1936 and
recorded in Volume 11 of Platts at page 39, Fresno County Records, with
a line which is parallel with and 30.00 feet South of the South line of
Lots 3 and 4 in Block 6 of said Belmont Gardens, being also, a point on
the existing City Limits of the City of Fresno; thence Westerly, along a
line which is parallel with and 30.00 feet South of the South line of
said Lots 3 and 4 in said Block 6, being also, along the existing City
Limits of said City, to the intersection with a line which is parallel
with and 30.00 feet East of the East line of lot 5 in•Block 4 of said
Belmont Gardens; thence Southerly, along a line which is parallel with
and 30.00 feet East of the East line of said lot 5, in said Block 4, to
the intersection with the Westerly production of the South line of lot 1
in said Block 3; thence Easterly, along the Westerly production of the
South line of said Lot 1, and along the South lines of Lots 1, 2, 3 and
4, in said Block 3, to the Southeast corner of said lot 4 in said Block
3; thence Northerly, along the East line of said lot 4 in said Block 3,
and along the Northerly production of the East line of lot 4 in said
Block 3, to the point of beginning.
File No. 2133
Drawing No. 6-A-1163
Contains 3.86 Acres
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May 28, 1981
Revised
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10/22/81
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MARVIN L. PANTER
Executive. Officer
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Proposed Harvey - Garden No.2
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