HomeMy WebLinkAboutResolution - City Council - 82-088 - 1982-02-23• • Ed Bielicki
RESOLUTION NO. 82-88
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, IN THE MATTER OF THE
OLIVE -PLEASANT N0. 4 DISTRICT REORGANIZATION
ORDERING A REORGANIZATION OF THE CITY OF
FRESNO, THE NORTH CENTRAL FIRE PROTECTION
DISTRICT AND THE KINGS RIVER CONSERVATION
DISTRICT.
WHEREAS, The Fresno City Council, pursuant to its
Resolution No. 81-269 adopted on July 7, 1981, requested the
Fresno Local Agency Formation Commission to take appropriate
Proceedings for the annexation of the subject territory to
the City of Fresno; and
WHEREAS, the proposed reorganization known as Olive -
Pleasant No. 4, is described in Exhibit "A" and graphically
depicted in Exhibit "B""; and
WHEREAS, with notice given according to law, LAFCO met
on September 23, 1981 to hear
interested persons, consider the pro -
Posed reorganization, and adopted Resolution No. RO-81-39,
"Making Determination and Approving Proposed Olive- Pleasant
No. 4 District Reorganization" of the City of Fresno, the
North Central Fire Protection District and the Kings River
Conservation District and
WHEREAS, in response to requests from landowners within
the subject area to revise said Resolution No. RO-81-39 and
to delete the area southeast of the Marks and Olive Avenue
intersection, from the annexation,
the Fresno Local Agency
Formation Commission on the 28th day of October, 1981, met
at the noticed time and place to consider all matters
relevant to said request; and
WHEREAS, the Commission heard all persons interested
therein, and adopted at the time and in the form and manner
Prescribed by law Resolution No. RO-81-39a, "Approval of
Request to Revise Resolution" to revise .its Resolution No.
RO-81-39 approving the Olive -Pleasant No. 4 District Reor-
ganization; and I
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WHEREAS, Resolution No. RO-81-39 authorized the Council
to conduct the proceedings for the reorganization in the
manner provided by law; and
WHEREAS, on January 19, 1982, the Council initiated pro-
ceedings for said proposed reorganization by adopting Re-
solution No. 82-30, "Resolution Initiating Proceedings
for the Reorganization of the City of Fresno, the North Central
Fire Protection District and the Kings River Conservation
District", and setting a hearing for the proposed reorgan-
ization on February 23, 1982 at 3:00 p.m., in the Council Chamber,
City Hall, 2326 Fresno Street, Fresno, California, 93721;
and
WHEREAS, the Council gave the required notice of the time
and place for hearing objections to the proposed reorganization;
and
WHEREAS, the Council conducted a hearing, at which time
they heard all persons who wished to object to the proposed
reorganization; and
WHEREAS, protests or objections in writing to the pro-
posed reorganization, delivered to the Clerk of the City
Of Fresno before the hour set for hearing, were considered
and are on file in the office of the Clerk of the City of
Fresno, County of Fresno, State of California; and
WHEREAS, at said hearing and prior to consideration of
protests, LAFCO's resolution making determination and revision
was presented and summarized to the Council; and
WHEREAS, the Council considered all factors required
by law for a proposed reorganization; and
WHEREAS, the Council determined that the proposed
reorganization constitutes inhabited territory as defined
by law and that written protest filed and not withdrawn re-
presented less than twenty-five percent (25%) of the number
of landowners within all territory proposed to be annexed,
owning not more than twenty-five percent (25%) of the assessed
value of land therein; and less than twenty-five percent (25%)
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of the voting power of voters entitled to vote as a result of
residing within or owning land within such territory; 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 will 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 indebt-
edness incurred by the City prior to the effective date of
such annexation, and upon completion of this reorganization
proposal, the subject territory will be included in Municipal
Bond area "D" and will not be taxed for any existing bonded
indebtedness or contractual obligations.
NOW, THEREFORE, BE IT RESOLVED by the Council of
the City of Fresno as follows:
1. The Council hereby orders that the territory
referred to as Olive -Pleasant No. 4 District Reorgan-
ization, and described in Exhibit "A" and graph-
ically depicted in Exhibit "B" attached hereto
be annexed to the City of Fresno and the same
territory be detached from the Kings River
Conservation District and the North Central Fire
Protection District of Fresno County.
2. The proposed reorganization is in the best inter-
est of the territory Olive -Pleasant No. 4 District
Reorganization and lands have not been improperly
omitted from or included within this reorganization.
3. For the purpose of the proposed reorganization, the
subject territory is found to be inhabited.
4. The reasons for this proposed reorganization are as
follows:
a. The subject territory is within the City of
Fresno's Sphere of Influence.
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b. Municipal services will be more efficiently
and economically provided.
C. Property owners within the project area
have expressed a desire to annex to the
City of Fresno.
d. It is advantageous for Olive -Pleasant No. 4
District Reorganization to be part of the
City.
This reorganization shall be completed without an
election in that the property is inhabited and
the Council finds that written protests filed and
not withdrawn represent less then twenty-five
percent (25%) of the number of landowners within
all territory proposed to be annexed, owning not
more than twenty-five percent (25%) of the assessed
value of land therein, and less than twenty-five
percent (25%) of the voting power of voters entitled
to vote as a result of residing within or owning
land within such territory.
IT IS FURTHER RESOLVED by the Council of the City of
Fresno that the Olive -Pleasant No. 4 District Reorganization
be and is hereby allocated to Council District No. 1.
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 23rd day of February, 1982
JACQUELINE L. RYLE
City Clerk
33
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APPROVO AS fp rW Page 4 of 4
CITY A
By
•
LEGAL DESCRIPTION FOR
OLIVE -PLEASANT NO. 4 DISTRICT REORGANIZATION
Description of area to be annexed tothe City of Fresno and detached
from the North Central Fire Protection District and the Kings River
Conservation District.
Consisting of Lot 107 of ROEDING VILLA CdLONY, according to the map
recorded in Book 2 of Record of Surveys, Page 43, Fresno County Re-
cords; and Lots 65 and 66 of WEST FRESNO TRACT, according to the map
recorded in Book 3 of Record of Surveys, Page 17, Fresno County
Records.
Beginning at the intersection of the West line of Section 31, Town-
ship 13 South, Range 20 East, Mount Diablo Base and Meridian as
said section is shown on the United States Township Plats, and the
Westerly production of the North Line of said Lot 107, being also
the South line of Lot 106, being also on the City Limits of the
City of Fresno; thence Easterly along the Westerly prolongation of
the North Line of said Lot 107, being also along the City Limits of
the City of Fresno, and continuing along the North Line of said
Lot 107, being along the City Limits of the City of Fresno,to the
Northeast corner said Lot 107, thence Southerly along the East line
Of Lot 107, being also the West Line of Lot 100, being also along
the City Limits of the City of Fresno, and along the Southerly pro-
duction of the East Line of said Lot 107 to the intersection with
the South Line of the Northwest Quarter of said section 31; thence
Westerly along the South line of the Northwest Quarter of said
Section 31 and thus leaving the City Limits of the City of Fresno,
to the intersection with the West line of said Section 31, thence
Southerly, along the West line of said Section 31, being also, the
East line of Section 36, Township 13 South, Range 19 East Mount
Diablo Base and Meridian, as said section is shown on the United
States Township Plats, to the intersection with the Easterly pro-
duction of the South line of said Lot 65; thence Westerly along
the Easterly production of the South line of said Lot 65 and along
the South Line of said Lot 65 and 66 to the Southwest corner of
said Lot 66; thence Northerly along the West Line of said Lot 66
and along the Northerly production of the West Line of said Lot 66
to the intersection with the South Line of the Northeast Quarter
Of said Section 36; thence Easterly along the South Line of the
Northeast Quarter of said Section 36 to the East Quarter corner
Of said Section 36, being also the West Quarter corner of said
Section 31; thence Northerly along the West Line of said Section
31 to the Point of Beginning.
Date 4/14/81
Acreage30.00±
File No. 2117
Drawing No. 6-A-1147
Revised 8/18/81
Revised 10/30/81
MW/vc
Revised 12/9/81
APPROVED-LAFCO
DATE
MARVIN L PANTER
Executive Officer
EXHIBIT "A"
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Executive Officer
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ANNEX No.
ACRES = 3o.00_t
COUNCIL DI(ZT;;,!(--r Po
ALLCCATEC TO COUNCIL DISTRICT NO. 0.
DISTRICT MAP DATED AS PER COUNCIL OR-8-:
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EXHIBIT "B"
• SOLUTION NO. RO-81-39a
1 APPROVAL OF REQUEST TO REVISE) RESOLUTION OF THE
RESOLUTION APPROVING ) F'RESNO LOCAL AGENCY
2 OLIVE -PLEASANT #4 ) FORMATION COMMISSION
--------------------
4 WHEREAS, on September 23, 1981, the Local Agency Formation
5 Commission did approve the proposed Olive -Pleasant 44
6 Reorganization to annex to the City of Fresno and detach from the
7 North Central Fire Protection District and Kings River Conservation
8 District; and
9 WHEREAS, an application was received to revise said resolution
10 Of approval by Mr. I. B. Chambler, chief petitioner, which
11 application requested deletion of the area southeast of the Marks
12 and Olive Avenue intersection; and
13 WHEREAS, this application was scheduled for hearing before the
14 Commission on October 28, 1981, at the hour of 3:30 p.m. and
15 notice was given as required by law and
16 WHEREAS, the Commission did consider the testimony of the
17 applicant and landowners signing the Petition and did hear all
18 interested parties wishing to speak on the application.
19 NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation
20 Commission of the County of Fresno does hereby approve the request
21 to revise the resolution approving the Olive -Pleasant #4
22 Reorganization (RO-81-39). I
23 ADOPTED this 28th day of October, 1981, by the following vote.
24 AYES: Levy, Howard, Johnson
25 NOES: Wilder
26 ABSENT: Tucci
27
STATE OF CALIFORNIA)
28 COUNTY OF FRESNO )
29 I, MARVIN L. PAINTER, Executive Officer of the Local Agency
Formation Commission certify that the foregoing resolution was
30 adopted by the Fresno County Local Agency Formation Commission,
California, at a regular. mectino held on the 28th clay )f October,
31 1981.
32 �61ctl
�ouryTv�FgCSHp MARVIN L. PANTER, Executive Officer
•n C3N O. CA��F OR ry,A
{
• RESOLUTION NO. RO-81-319
1 MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE
PROPOSED "OLIVE -PLEASANT #4" ) FRESNO LOCAL AGENCY
2 REORGANIZATION ) FORMATION COMMISSION
--------------------
3 L.
4 WHEREAS, preliminary proceedings were initiated by the City of
5 Fresno to annex territory located generally on the northeast,
6 southeast, and southwest corners of Olive and Marks Avenues to the
7 City of Fresno and detach from the North Central Fire Protection
8 District and Kings River Conservation District in the County of
9 Fresno; and
10 WHEREAS, an application for said proposal was accepted for
11 filing by the Executive Officer of this Local Agency Formation
12 Commission; and
13 WHEREAS, said application was set for hearing by the Executive
14 Officer on the 23rd day of September, 1981, at the hour of 1:30 p.m.
15 of said day, and
16 WHEREAS, notice of the hearing of said application was duly
17 given by mail, posting, and newspaper publication as required by
18 law; and.
19 WHERE:>S, the Executive Officer reviewed said application and
20 prepared a report, including his recommendations thereon, said
21 application and report having been presented to and considered by
22 this Commission, and
23 WHEREAS, this Commission considered all relevant factors and
24 heard all interested parties wishing to speak on said application;
25 and
26 WHEREAS, the Commission has reviewed and considered the
27 information in the Negative Declaration as provided in the Executives
28 Officer's Report duly prepared and filed by the City of Fresno. I
29 NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation
30 Commission of the County of Fresno does HEREBY RESOLVE, DETERMINE,
31 AND ORDER as follows:
:ouNTv o rResNo
N LlN O, CALIFORNIA
I Section 1. Said proposal is approved. Any resolution of the
2 conducting agency ordering this reorganization shall provide that
3 such reorganization shall not be subject to any terms and
4 conditions.
5 Section 2. Said territory is found to be inhabited and is
6 assigned the following distinctive short form desicnation:
7 "Olive -Pleasant #4".
8 Section 3. The City of Fresno is designated as the conducting
9 agency, and the governing body of said agency is hereby directed to
10 initiate reorganization proceedings in compliance with this
11 resolution.
12 Section 4. Further proceedings shall be initiated by the
13 conducting agency not later than 35 days after the date of adoption
14 of the Commission resolution and shall be conducted and completed
15 pursuant to required law. Proceedings and any resolution of
16 approval shall comply with the Commission's resolution of approval.
17 Section 5, The Executive Officer is hereby authorized and
18 directed to mail certified copies of this resolution as provided in
19 Section 56272 of the Government Code.
20 ADOPTED this 23rd day of September, 1981, by the following vote:
21 AYES: Howard, Wilder, Huey, Johnson
22 NOES: None
23 ABSENT: Levy, Tucci
24
STATE OF CALIFORNIA)
25 COUNTY OF FRESNO )
26 I, MARVIN L. PANTER, Executive Officer of the Local Agency
Formation Commission certify that the foregoing resolution was
27 adopted by the Fresno County Local Agency Formation Commission,
California, at a regular meeting held on the 23rd day of September,
28 1981.
29 ov
30 MARVIN L. PANTER, Executive Officer
31
32
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