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HomeMy WebLinkAboutResolution - City Council - 82-118 - 1982-03-16• • RESOLUTION NO. 82-118 RESOLUTION INITIATING PROCEEDINGS FOR THE REORGANIZATION OF THE CITY OF FRESNO, THE KINGS RIVER CONSERVATION DISTRICT, AND THE MID VALLEY FIRE PROTECTION DISTRICT INVOL- VING UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED AS THE PROPOSED TYLER-GARDEN 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. 81-448, adopted on November 3, 1981; and WHEREAS, the Fresno Local Agency Formation Commission on the 27th day of January 1982, 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-81-65, "Making Determination and Approving Proposed Tyler -Garden 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 comple- tion of the reorganization proceedings for this proposal the sub- ject territory will be included in Municipal Bond Area "D" and will not be taxed for any existing bonded indebtedness or con- tractual 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 Tyler -Garden No. 1 District Reorganization, as described in Exhibit "B" and graphically depicted in Exhibit "C" wherein the City of Fresno, the Page 1 of 3 8a-/fir Mid Valley Fire Protection District and the Kings River conservation District are all subject 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 City has initiated this project pursuant to the Council's policy to unify the metropolitan area. The proposal includes parcels with signed agreements consenting to annexation in exchange for the provision of water services from the City of Fresno. C. It is advantageous for the territory within the Tyler -Garden No. District Reorganization to be a part of the City of Fresno. 5• 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 desir- ing 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 nearing. Written protests shall be signed and submitted after the adoption of this resolution and shall contain the date of signa- ture. Page 2 of 3 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 date specified herein for hearing and continue to the time of said hearing. 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 for hearing. 9. 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 16th day of March 1982 JACQUELINE L. RYLE City Clerk By (0 Dept2ey W-0 ° ROVXD AS TO pow kTromw'* Page�of 3 ] Ds t� O • 0SOLUTION NO. RO-81-65I 1 2 3 RECEIVED IIQQpp99 CITY DF FRESNO MAKING DETERMINATION AND APPROYY&MB —9 PI'I 3' USOLUTION OF THE PROPOSED ''.TYL•ER- GARDEN - N1 PLANNING �'w Ims3 E NDII FORMATIONCAL COMMISSION REORGANIZATION -------------------- 4 WHEREAS, preliminary proceedings were initiated by the City 5 of Fresno to annex territory generally located northeast of the 6 Tyler and Garden Avenue intersection to the City of Fresno and 7 detach 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 27th day of January, 1982, at the hour of 10:00 a.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 26 27 28 29 30 311 38 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: Exhibit "A" E 1 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 uninhabited and 6 is assigned the following distinctive short form designation: 7 "Tyler -Garden #111. 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 19 in Section 56272 of the Government Code. 20 ADOPTED this 27th day of January, 1982, by the following vote: 21 AYES: Wilder, Tucci, Howard, Levy, Johnson 22 NOES: None 23 ABSENT: None 24 25 26 27'' 28 29 30 31 32 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 27th day of January, 1982. MARVIN L. PANTER, Executive Officer TYLER-GARDEN 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 portions of Lots 3 and 4, in Block 7 of Belmont Gardens, lying in Section 31, 13/21, M.D.B.&M. Beginning at the intersection of the North line of Lot 4, in Block 7 of Belmont Gardens, according to the Map thereof, filed in the Office of the County Recorder June 4, 1936, and recorded i., Volume 11 of the Plats at page 39, Fresno County Records with the East line of the West Half of said Lot 4 in Block 7, being also, a point on the existing City Limits of the City of Fresno; thence Westerly, along the North line of said Lot 4, in Block 7 and the Westerly production of the North line of said Lot 4, in Block 7, being also, along the existing City Limits of said City, to the intersection with a line which is parallel with and 30.00 feet West of the West line of said Lot 4, in Block 7; thence Southerly, along aline which is parallel with and 30.00 feet West of the West line of said Lot 4, in Block 7, being also, along the existing City Limits of said City, to the intersection with a line which is parallel with and 30.00 feet North of the North line of Lot 1, in Block 6 of said Belmont Gardens; thence Easterly, along a line which is parallel with and 30.00 feet North of the North line of said Lot 1 in Block 6, being also, along the existing City Limits of said City, to the intersection with a line which is paral- lel with and 75.00 feet East of the East line of said Lot 4, in Block 7; thence Northerly, along a line which is parallel with and 75.00 feet East of the East line of said Lot 4, in Block 7, a distance of 165.00 feet, to the intersection with a line which is parallel with and 135.00 feet North of the South line of Lot 3, in Block 7, of said Belmont Gardens; thence Westerly, along a line which is parallel with and 135.00 feet North of the South line of said Lots 3 and 4, in Block 7, to the intersection with the East line of the West Half of said Lot 4, in Block 7; thence Northerly, along the East line of the West Half of said Lot 4, in Block 7, to the Point of Beginning. File No. 2148 Drawing No. 6-A-1178 APPROVED-LAFCO Contains 2.24 Acres GBM/pt 9/10/81 DATE Revised 1/8/82 MARVIN L PANTER GBM/pt Executive Officer Exhibit "B" a II N. L/NE LOT / APPROVED-LAFCD DATE MARVIN L PANTER LEGEA/O Executive Officer 2- Al. &I E 4072 b Z EX/ST/NCy 617-Y L/M/75 Exhibit AREA TD BE OETAc NED FROM THE M /D (/A ALE y F/RE PROTEGTiaN O/STRICT THE KIN05 91VE,e CONSERIrAT/on/ 0/57-R/G7-, AnIO ANNEXED TO THE G/TY OF FREsAlO. AOOEO A001?Ess sv5TeAy FILE No. /LER - GAROEn/ NO. / p/ R/G% REORGAN/Z11T/OA/ FD /NG Of PORT/OA/5 OF LOTS 3 ANO {, IA/ &p0k 7ANNEX N0. F (3ELMONT GARDENS, LYING /n/ SECT. 3/T /3ACRES=R2/ E. M.O 5 s 14. COUNCIL DISTRICT No.LOCATED TO COUNCIL DISTRICT NO. , AS PER COUNCIL DR.er:TRICT MAP DATED DATE:.SG�/9QL B_A- %� SCALE_.!_"_'LOQ 78— M." EIO NOR sopoo OODOOIR A I I III