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HomeMy WebLinkAboutResolution - City Council - 82-095 - 1982-03-02Ed Bielicki RESOLUTION NO. 82-95 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 BELMONT- CHESTNUT NO. 1 DISTRICT REORGANIZATION, 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. 81-325, adopted on August 25, 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-81-52, "Making Determination and Approving the Proposed Belmont -Chestnut No. 1 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 Belmont -Chestnut No. 1 District Reorganization as described in Exhibit "B" and graphically de- picted in Exhibit "C" wherein the City of Fresno, Page 1 of 3 ocpk 75 0 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. The pro- posal includes parcels of owners who have con- sented to annexation in return for the provision of water service from tha City of Fresno. C. It is advantageous for the territory within the Belmont -Chestnut No. 1 District. Reorganization to be a part of the City of Fresno. 5. April 6, 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 0 A written protest by a landowner shall contain a description sufficient to identify the land owned by him. 6. 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. 7. 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 irate specified herein for hearinj and continue to the time of said hearing. 1� 8. 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 fo:• hearing. 9. The Clerk is hereby instructed to forward a copy of this resolutioc; to the Executive Jfficer ct' 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 2nd day of March, 1982 APPRW= AS TO FOAM GM A1'TOA EY OFFICt �y JACQUELINE L. RYLE City Clerk A - Dan„ty�h Pagp 3 of 3 RESOLUTION NO. RO-81-52 1 MAKING DETERMINATION AND APPROVIN (ECEFEDRES�r RESOLUTION OF THE PROPOSED "BELMONT-CHESTNUT ##1" �)t Qr FRESNO LOCAL AGENCY 2 REORGANIZATION 12 J2� ��� 2; f'o9RMATION COMMISSION �`,1 --------------------- 3 FUJ:NING AND II;SPEC11ON 0_Fi. 4 WHEREAS, preliminary proceedings were initiated by the City of 5 Fresno to annex territory generally located north of Belmont Avenue 6 between Chestnut 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: 21 32 ]LINTY 0I iNCS"O .ono. caw on.a. Exhibit "A" u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20, 21 22 23 24 25 26 27 28 29 30 31 32 Section 1. Said proposal is approved with revised boundaries to delete that area east of Garden Avenue, and a revised map and legal description shall be submitted to the Executive Officer subject to approval by the County Assessor. 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: "Belmont -Chestnut kl". 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: Levy, Wilder, Howard, Tucci, 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. PPVTER, Executive Officer BELMONT-CHESTNUT NO. I 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 6, 7, 8, 9, 10 of Block 1, of Belmont Gardens, lying in Section 31, 13/21, M.D.B.&M. BEGINNING at the Southwest corner of the Southwest Quarter of Section 31, 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 on the existing City Limits of the City of Fresno; thence Easterly, along the South line of the Southwest Quarter of said Section 31, being also along the existing City Limits of said City, to the intersection with a line which is parallel with and 50.00 feet East of the West line of Southwest Quarter of said Section 31; thence continuing Easterly, along the South line of the Southwest Quarter of said Section 31, to the intersection with a line which is parallel with and 30.00 feet East of the East line of Lot 6, in Block 1 of Belmont Gardens, as said lot is shown on the Map thereof, filed in the Office of the County Recorder June 4, 1936, and recorded in Book 11 of Plats at page 39, Fresno County Records; thence Northerly, along a line which is parallel with and 30.00 feet East of the East line of said Lot 6, in Block 1, to the intersection with the Easterly production of the :forth line of said Lot 6, in Block 1; thence Westerly, along the Easterly production of the North line of said Lot 6, in Block 1 and along the North lines of Lots 6, 7, 8, 9, and 10, Block 1, of said Belmont Gardens and along the Westerly production of the North line of said Lot 10, Block 1, to the intersection with the West line of the Southwest Quarter of said Section 31, being also, a point on the exist- ing City Limits of said City; thence Southerly, along the West line of the, Southwest Quarter of said Section 31, being also, along the existing City Limits of said City, to the POINT OF BEGINNING. File No. 2149 Drawing No. 6-A-1179 APPROVED-LAFC..O Contains 4.92 Acres p 7/28/81 DATE ' GBM/pt Revised: 10/21/81 MARVIN L. PAN T E,Z GBM/pt Executive Officer Revised: 1/8/81 GBM/pt Exhibit "B" / 2 3 4 5 ? I � i i N . LlAlE Al. LINE N. LINE N. UNE N UNE L% I GUT to LUi 9 LOT' S LOT 7 I ------------ I::::::::: ..... ...... ......... L .. 48o7 i1n to / W. bl'JE 5W 4 . SECT 31 /\J / Un1E f- f r W BE LMONT 5W 4. 5ECJ 31 '%/ W. ecrSECf' 31, '%/ APPROVED-LAFCO DATE "r.= AMAPVIN L. PAINTER Executive Officer LEOF-m D 1111 -Xl5T/Aj6 GfTY AREA Exhibit "C" AK,6A ?O �,E DETAag5c' FRaM THE MI0 VALLEY FIRE PR077ECTioM 0/5TR/G7-, THE KWC75 Rr(/ER C01'1rl,6X"T off /s7eloT, Arlo AAJAlEX�l� To TWE Cr?Y of FRESrJo. REVrsc'O ///9j'8/ AgOEp ACCRE55 5`/57EM REV15ED r/71M- aELMov-r - CYfe7 NUT" A/0. / 01577L/CT` R�Ok*AAI1ZArloA( GONslSIiNG of LOTS V, 7. 8, 9 AA/p /o, IN ELOGk / OF Z�nMOMT GARDEVC, , GY/NG /A/ 5E07' . 3/, ' " M.O. b. Y M. ALLOCATED TO COUNCIL DISTRICT NO. AS PER COUNCIL DISTRICT MAP DATED FILE No. 2/49 ANNEX No. ACRES = 4 9j � COUNCIL DISTRICT No. S DR. BY: �p DATE: _7(1Gr 148E 6-A- j/---- SCALE:Q J tt I It! it a cEau d.Ei . � ��-�`�4; �.= • � 'F, .e ^91'— k„, � �(i'' _ �u Y / I yA d .� ... I / �' %f l� �� ��� � � i � ' -I _ - - (� •- � � `ilk o - SPVE I� - �� -� � •_I _11 - u to 1 J 11 -' - 1,EtlPER1H[F N N a 1 i w r �r n r'U rt 1 pp:p39j isl:j j3 :gEi�i °m OO — t �F! t 6 eft V O f.G V f Ome aft V