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HomeMy WebLinkAboutResolution - City Council - 82-110 - 1982-03-09• • Ed Bielicki RESOLUTION NO. 82-110 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 HERNDON-CHESTNUT NO. 1 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. 81-229A, adopted on June 23, 1981; and WHEREAS, the Fresno Local Agency Formation Commission on the 23rd day of December 1981, met at the noticed time and place to consider all matters relevant to the proposed reorgan- ization and heard all persons interested therein, and adopted at the time and in the form and manner prescribed by law its Resolution No. RO-81-41, "Making Determination and Approving the Proposed Herndon -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 Herndon -Chestnut No. 1 District Reorganization as described in Exhibit "B" and graphically depicted in Exhibit "C" wherein the City of Fresno, Page 1 of 3 M4 ID 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. 9. 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 project was initiated at the request of two of the property owners within the project area. C. It is advantageous for the territory within the Herndon -Chestnut No. 1 District Reorganization to be a part of the City of Fresno. 5. The conditions imposed by LAFCO, namely the deletion of 50 acres at the southwest corner of Alluvial and Chestnut Avenues, and a approved revised map and legal description submitted to the Executive officer of the Fresno Local Agency Formation Commission, have been complied with. 6. April 20, 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 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 9th day of March. 1982 CITY A By wwV JACQUELINE L. RYLE City Clerk Degeky- Page/3 of 3 WOLUTION NO. RO-81 ��qq�� CITY Nf �QND MAKING DETERMINATION AND APPRM A9 QM ""SOLUTION OF THE PROPOSED "HERNDON-CHESTNUT �RwNlm qip 1tjpC, N4 1,G SNO LOCAL AGENCY REORGANIZATIONFORMATION COMMISSION -------------------- WHEREAS, preliminary proceedings were initiated by the City of Fresno to annex territory located generally between Maple and Willow Avenues and between Herndon and Alluvial Avenues to the City of Fresno and detach from the Mid -Valley Fire Protection District and Kings River Conservation District in the County of Fresno; and WHEREAS, an application for said proposal was accepted for filing by the Executive Officer of this Local Agency Formation Commission; and WHEREAS, said application was set for hearing by the Executive Officer on the 23rd day of December, 1981, at the hour of 2:30 p.m. of said day; and WHEREAS, notice of the hearing of said application was duly given by mail, posting, and newspaper publication as required by law; and WHEREAS, the Executive Officer reviewed said application and prepared a report, including his recommendations thereon, said application and report having been presented to and considered by this Commission; and WHEREAS, this Commission considered all relevant factors and heard all interested parties wishing to speak on said application; and WHEREAS, the Commission has reviewed and considered the information in the Negative Declaration as provided in the Executiv Officer's Report duly prepared and filed by the City of Fresno. NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation Commission of the County of Fresno does HEREBY RESOLVE, DETERMINE, AND ORDER as follows: ^xhibit "A" Section 1. Said proposal is approved with revised boundaries to delete approximately 50 acres at the southwest corner of Alluvial and Chestnut Avenues, 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 con- ducting 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: "Herndon -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 23rd day of December, 1981, by the following vote AYES: Wilder, Howard, Levy, 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 23rd day of December, 1981. MARVIN L. PANTER, Executive Officer ■ 1 Section 1. Said proposal is approved with revised boundaries 2 to delete approximately 50 acres at the southwest corner of 3 Alluvial and Chestnut Avenues, and a revised map and legal 4 description shall be submitted to the Executive Officer, subject 5 to approval by the County Assessor, Any resolution of the con- 6 ducting agency ordering this reorganization shall provide that such 7 reorganization shall not be subject to any terms and conditions. e Section 2. Said territory is found to be uninhabited and 9 is assigned the following distinctive short form designation: 10 "Herndon -Chestnut M1". 11 Section 3. The City of Fresno is designated as the conducting 12 agency, and the go,terning body of said agency is hereby directed to 13 initiate reorganization proceedings in compliance with this 14 resolution. 15 Section 4. Further proceedings shall be initiated by the 16 conducting agency not later than 35 days after the date of adoption 17 of the Commission resolution, and shall be conducted and completed 18 pursuant to required law. Proceedings and any resolution of 19 approval shall comply with the Commission's resolution of approval. 20 Section 5. The Executive Officer is hereby authorized and 21 directed to mail certified copies.of this resolution as provided 22 in Section 56272 of the Government Code. 23 ADOPTED this 23rd day of December, 1981, by the following vote 24 AYES: Wilder, Howard, Levy, Tucci, Johnson 25 NOES: None 26 ABSENT: None 27 STATE OF CALIFORNIA) COUNTY OF FRESNO ) 28 Z, MARVIN L. PANTER, Executive Officer of the Local Agency 29 Formation Commission certify that the foregoing resolution was adopted by the Fresno County Local Agency Formation Commission, 30 California, at a regular meeting held onQthe .2233r�d day of December, 1981. 31 I 32 MARVIN L. PANTER, Executive Officer • HERNDON-CHESTNUT NO. 1 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 the South Half of the Southeast Quarter of Section 36, 12/20; portion of the Southeast Quarter of the Southwest Quarter of Section 36, 12/20; a portion of the North Half of Section 1, 13/20; and a portion of the North Half of Section 6, 13/21, all of Mount Diablo Base and Meridian. BEGINNING at the intersection of the Southerly production of the West line of the East Half of the Southwest Quarter of Section 36, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, as said Section is shown on the United States Government Township Plats, with a line which is parallel with and 30.00 feet South of the North line of Section 1, Township 13 South, Range 20 East, Mount Diablo Base and Meridian, being also, a point on the existing City Limits of the City of Fresno; thence Easterly, along a line which is parallel with and 30.00 feet South of the North line of said Section 1, and along a line which is parallel with and 30.00 feet South of the North line of Section 6, Township 13 South, Range 21 East, Mount Diablo Base and Meridian, being also, along the existing City Limits of said City, to the intersection with the East line of the West Half of the Northeast Quarter of the Northwest Quarter of said Section 6, being also, a point on the existing City Limits of the City of Clovis; thence Northerly, along the East line of the West Half of the Northeast Quarter of the Northwest Quarter of said Section 6, being also along the existing City Limits of the City of Clovis, to the intersection with the South line of said Section 36; thence Easterly, along the South line of said Section 36, being also, along the existing City Limits of the City of Clovis, to the Southeast corner of said Section 36; thence Northerly, along the East line of said Section 36, to the intersection with the North line of the South Half of the Southeast Quarter of said Section 36; thence Westerly, along the North line of the South Half of the Southeast Quarter of said Section 36, and along the North line of the Southeast Quarter of the Southwest Quarter of said Section 36, to a point which is 262.13 feet West of the East line of the Southwest Quarter of said Section 36; thence Southerly, along a line which is parallel with and 262.13 feet West of the East line of the South- west Quarter, to the intersection with the South line of the North Half of the North Half of the Southeast Quarter of the Southwest Quarter of said Section 36; thence Westerly, along the South line of the North Half of the North Half of the Southeast Quarter of the Southwest Quarter of said Section 36, being also, the North line of the South 30 Acres of the Southeast Quarter of the Southwest Quarter of said Section 36, to the intersection with the West line of the East Half of the Southwest Quarter of said Section 36, being also, a point on the existing City Limits of said City; thence Southerly, along the West line of the East Half of the Southwest Quarter of said Section 36, and along the South- erly production of the West line of the East Half of the Southwest Quarter of said Section 36, being also, along the existing City Limits of said City, to the POINT OF BEGINNING. Revised 1/11/82 APPROVED-LAFCO File No. 2040 1'2-d-8/ Drawing No. 6-A-1070 DATE Contains 113.12 Acres TWB/pt MARVIN L PANTER Exhibit "B" Executive Officer } } ... .... A'!u� SE%, Ssrc 3L. 1/a •: ; •I.Q•r' ::•;�-:•; :•; :•: :¢?:: PJ PI l5 16 27 10 79 ( JO Ji _ LLL h .• ......' 1, ............ ............ S%re, SE V N /s sir: .sees- as 'Y• :�.. �K ......... .................... A :::::::::::::::: 0 i• n: w....... fi A W V :7 ?R.•:::::; :: :::. O" :'.N 1.:J.c: Silt. �.iSl� ... . O:" ... .. ..... "ie^. 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