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Home My WebLink AboutResolution - City Council - 82-439 - 1982-09-21• • · ~ 82-439 RESOLUTION Nt.i • A RESOLUTION OF THE COl~NCIL OF THE CITY OF FRESNO, CALIFORNIA, IN.THE MATTER OF THE SIERRA-MAROA NO. 2 DIS'J:Rl:CT REORGAl~IZATION ORDERING A .REORGANIZATl:ON OF THE C:CTY OF FRESNO, THE MID VALLEY FIRE PROTECTION DISTRICT, THE KINGS RIVER CONS:SRVJVJ!ION DISTRICT AND THE PINEDA.LE COUN~t'Y WA.TER DISTRICT .. WHEREAS, The Fresno City Co-uncil, pt:trsuant to its Resolution No. 82--147 adopted on .March 30, 1982!• requested. the Fresno Local Agency Formation Com;m.ission to take appropriate proceedings for the annexation of the sub;ject territory to the City of Fresno; and WHEREAS, the proposed re ..... .rganization k:nown as Sierra·-Maroa No .. 2, is described in Exhibit nAu and graphically depicted in Exhibit "B"; and WHEREAS, with notice given according to law,, LAFCO met on May, 26, 1982, to hear interested person.a., consider the pro- posed reox·ganization, and adopted :Resolution No~ RQ,;.-82·--24, 11 Making Determination and Approvin~J ProposE:<;1. Sierra ... ·Maroa No. 2 District Reorganization ° of the City of Ft·es:no, the Mid Valley Fire Protection District, the Kings: River Conservation District,. and the Pinedale County Water Dist:i::rict; and WBE!<EAS, Resolution No. R0-82-24 authorized the Council to conduct the proceedings for the .t"eorganizat:ion in the manner provided by law; and WHEREAS, o.n August 17, 1982, the Council initiated pro- ceedings for sa.id proposed reorgani2:ation by adopi:ing Re- solution No. 82--3701 "Resolutic1n Initiating l?roceE~dings for the Reo:c:·ganization of the City of Fresno 1 the Mid Valley Fire Protection District, the Kings :River Conservation District~ and the Pinedale County Water District"1 and setting a hearing for the proposed reorganization on s~~ptenfuer 21, 1982, at 3: 00 p~m., in the Council Chamber, City Ha,11, 2326 Fresno Street 1 Fresno, California, 93721; and WHEREAS, the Council gave the rt~quired n<)tice of the time and place for heari:ng objections to the proposed re- organization; and Pagel of 4 • • WHEREAS, the Council conducted a hea,ri11g, at which time they heard all persons who wished to object t;O the proposed. reorganization; and WHEREAS, protests or objections in writing to the p:r:o-• posed rec>rg-a:nization, delivered b:, the Clerk of the City of Fresno before the hour set for hearing, were considered and a1:e on file in the office of the Clerk of the City o:E Fresno, County of Fresno, State o:E California: and WHEREAS, at said hearing and prior to consideration of protests, LAFCO's resolution making deter:tnination and approval was presented and summarized to tfa1e Council; and WHEREAS, the Council conside:i~ed 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 pl:trcent C?5%) of the number of landowners within all territory proposed to be annexed, owning not m.ore 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; and WHEREAS, the Fresno County As:sessor 1 ~1 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 interestj, Qr any other amounts which shall become due on account of any outstanding bonded indebt- edness inct1rred by the City prior to the effective datei of such annexation, and upon completion of th.is reorganization proposal, the subject territory will be int?,luded i!l Municipal Bond area "D v, and will not be taxed for an~{ existing bonded indebtedness or contractual obligations. Page 2 of 4 · .. ... • • NOW, THERE!FORE , BE IT RESOLVED h,!{ the Cc)un,~il c>f the City of Fresno as follows: 1.. The Council hereby orders that the territory refeJ:-red to as Sierra-Maroa No. 2 District Reorsranization, and describEtd in E:ithibit "A" and graphically depicted in Exhibit nBt• attached hereto be annel:ed to the City of FJ:.-esno and the Pinedale County Wate;,: District, and the same ter- ritory be detached from the Kings ~ti ver Conservation District and the M:i..d Valley .Wire P1:otection District of Fresno County. 2.. The proposed reorganization is in the best interest of the terr.i tory of Sier1~a-Maroa No. 2 District Reorganization and lands havE~ not be,en improp1erly omitted from or included within this reorganization .. 3. For the purpose of the propof1ed reo:t'ganization, the subj,eot territory is found tc1 be inhabited .. 4. The :reasons for this proposed. reorgcmization are as follows: a. The subject te:r:ritory is within the City of Fresno's Spher,e of Influence. \ b. Municipal services will be more efficiently and economically provided.. c.. Previous owners of the s·;1bject territory signed a Statement of Covenants conse11ting to annexation to the City of Fresno and. which nruns with the subject property and shall be binding upon each succe.ssive owner of the E,ubject territory. u d. :rt is advantageous fo:i:-the terrttory within the Sierr;::1.-Maroa No .. 2 District ,Reorganization to be part o:f the City. 5.. The condition imposed by LAFCC), nameJ.y that annexation to the Pinedale Cou:n.ty Water District be made a part of this proposal, has beE~n met. Page 3 of 4 • 6. This reo:r:·ganization shall be completed without an I eJ.ection in that the property is i1ihabited and the Council f ind.s that written protes:ts filed and not wi thclrawn represent less then 1;.wenty-fi ve percent (25%} of t:he number l,f lanciowners within all territory proposed to be annexfJd, owning not more than twenty-five percent {25%} of the assessed value of land th~:rein, a,nd le:ss than twenty-five percent {25%) of the voting J?OWe:t~ 9;f voters entitled to vote as a result of residing within or owning land within such territory. IT IS FURTHER RESOLVED b~r the Coun<~il of the City of Fresno that the Sierra--Ma.roa No.. 2 Distl~ict Re.:organization be and is hereby allocated to Council Di,stric:t No. 2. CLERK'S CJ:~RTIF!CATION -. --.,.,,____, ___ , STATE OF CALIFORNIA) COUNTY OF FRESNO ) ss. CITX OF FRESNO ) I, JACQUELINE L. RYLE, City Clerk oJ the City of Fresno,. certify that the foregoing res1olutio:n wcu; adopted by the Council. of the City of Fresno, Califoxnia, at a .1~egula:i:-meeting held on the 21st day of ___ .§.§ptember, J9St2___,.... Page 4 of 4 .t-~#~.,;::: J? "-,';;). ... SIERRA-NAROA NO. 2 ! DISTRICT REORGA:iIZATI(~N ~ t Area to be Detached from the Mid Valley Fire Pro·lectlon District and the Kings River Conservation District, and Annexed to the -01ty of Fresno and the l?inedale County Water District. ~- Consisting of Tract No. 3061, lying in the South~~st,Quurter of Section 4,. 13/20, M.D.B.&M. BEGINNING at the intersection .of the North line of the Southeast Quarteir of Section 4, Township 13 South, Range 20 East,. Mqun;~ 'Oiabl.::> Base and Meridian,. as said Section is shown on the United States TOW)ftship Pl'ats, with a li.,ne which is parallel with and 347 .85 feet East of th1~ West line of the Southeast Quarter of said Section 4, being also, a point on:: the~ e:,dsting City Lim.its of the City of Fresno; thence Westerly 1 along the ~k>1~th lint~ of the Southeast Quarter of said Section 4, being also, along the ~t.xisitiug City Limits of sai<.l City, to the No:r'thwest corner of the Southeast Qufo;te~r of said Section 4; thence Southerly, along the West line of the Sout:heastQ~~artier of said Section 4, being also, along the existing Cia::y Limits of said Cityr to the intersection with the Westerly production of the South line of Tract Noj! 3061, as said T,ract is shown. on the Map thereof filed in the Office. of the Cou~(ty Rec:,order May 29, 1979 and recorded in Volume 33 of Plats at Page 81,, Fresno '_:County Re<;ords; thence East,... erly, along the Easterly production of the South l:ine of said Tract No~ 3061, and along the South line of said Tract No. 3061, tl\o the S1putheast' coiner of said Tract Noo 3061; thence Northerly, along the Ef'I.St line of said Tract No. 3061, and along the Northerly production pf the E~:St line of said l'rac.t,No. 3061, to the intersection with the North line of tj~e Southeast Qua:cter of said Sec.tion 4; thence Westerly, along the North line df the Southe;:ist Quarter of said Section 4, to the P01NT OF BEGINNING,. .. File No. 2191 Drawing No. 6-A-1221· Contains 7.55 Acres MB/p~ 3/9/82 ~evised 5/27/82 FEG/~g (I MARVJN L. PAN".rER 1:xe.cutave Offlcer~ i ·; ... . . . .. • ELLERY APPROVEO•LAFCO S-;14-8:J CATE i-AA VIN L. PANTER Executive Officer' . . . . . . . ....... . . . . . . . . . . . . . . . . . . . . . □ . . . . . EX !ST/Al& CITY A./M!T:5 fJP,EA ro i3E VETACHEI) FROM THE IY}/p l/li~£'1 1=/!iE-PROTECTIOIJ Vl5T. !CT THE X'JJt;-j-: RIV£ff I coAt5£flV ;::Jr;o,.u v1sr111cr, IUJP flAIA'JEY£P ro TH£ CITY OF r/f€5AIO ,'/NO 77-/e ,O/,.VcL>4~e CouNrY w"Arc./< J;)/ST~lcr. AVE. N. TE AYA I ~~ z 0 a:: . . . . . ' • • • E J"/S TIN'G P/,-VeDAL.E COVI /TY 4./A l~~ ,t:)/ST~/cr EOONLJ/t< Y_ REV/✓~() G;/£.t'"#L ~£41$ R~I/IS Eti!l ~./4 7/4:l r~<:; 11/?PCP ~ PPFfe$S :.'9'1-575.11 S!£RRfJ-Mt9RD/i NO. e, Pl5Tfl!CT fl£Ol?GfJAJJ,7:l}T/O!J COIJ5 !STIIJ{; OF TfffJCT A/0. 3061 ,/,_'/It.IC,. ht/ THE 5£ ~ OF S£CTIOAI 4, l~/zo, M,l)./31/M. ALLOCATED TO COUNCIL. DISTRICT NO ._.i;..;;:~ AS PER COUNCIL l T ICT P DA ED 1·22 ·82 FILE No. AN EX No. ACRES= 21'1 I 7.55 COUNCIL DISTRICT o. -..-.z:2 _____ _ ~ 1 ..i,.. 2 3 4 5 6 l 7 8 9 lOt, llt • MAKING DETERMINATION AND APPROVING) PROPOSED "SIERRA-MAROA #2 11 } REORGANIZATION ) RESOLUTION OF THE FRESNO LOCAL AGENCY .. FORMATION COMMISSION * -------------------- WHEREAS,, preliminary proceedings were initia.tecl by the City of :Presno to annex territory generaJl;ly loca'.ted at tbei southeast corner of Sie:i:·ra and Maroa Avenues t\o the G,ity of 1rresno a:nd 'det.atch from the Mid-Valley Fire Pr<:,tection Oistri~t and Kings Rive:r; Conservation District in the County lpf Fres'.no; and WHEREF . .S, an application for saifa proposal was accepted for filing by the Executive Officer o;f tli:1is Local AgerH:;y Formation Commission; and 1 4 WHEREAS, said application was se~t for 1~earing by the Executi,.ve 13 Officer on t.he 26th day of May I' 1982, at the hour 0£ 1: 30 p .. m .. 'of. 14f said day; and 15 16 1? 18 19 20 WHEREAS, 1:1otice of tht? hearing (>f said applicat.ion was duly • given by mail, posting, and newspapel!; pur.)li cation as required by law; and WHEREAS, the Executive Officer xreviewed said application and prepared a report, i.ncluding his rec(!lmmenda.tions thereon, s;;3.i.cl .,, ·\ ' .• ... application and report ha.ving bE~en pn1esented. ,to and considered by . 21 this Commission; and 22 WHEREAS I this Commission consid~red all relevant factolrs and i' .. 23 heard all intexested parties wishing to speax: on said application; 24 and 25 WHEREAS,. the Commission has reviewed and conside:ced the ' 26 .. information ii-1 _the Negative Declarati,on as p~;:ov.ided in. the Executi ·. i 2? Officer 1 s Report duly prepared and fi.l.edby the City··of Fre~u10. 28 NOW, THEREFORE, BE IT RESOLVED that· the Local' Agency Formation· 29 Commission of the County of Fr~~sno doibs HEREBY RgSOL'V'E~ DETERMINE, 30; AND ORDER as follows: 31 Section 1. Said proposal is app:roved subject t:.o t:he icerms 32 and conditions hereinafter specdfied.. Any resolution of thi= COUN'TV t1F FRESNO FAESNO, CALtFORNIA. ff -; . '!I. • • 1 conducting agency ordering this re<:,rganizat:ion shall provit:!.e that 2 such reorganization shall be 4~ubject to the following terms and 3 conditions: 4 1. The subject area sha~:l be an:nexed to the Pinedale County 5 Water District as apart of ttiis proposal .. Said territor1y is ,~ound to be inhabi.ted and s l 7 r is assigned the following dist~lncti"ire' : :shor\t. form desigr1ation; 8 nsierra-Maroa #2H .. · 9 section 3. The City of F~\esno is designated as the conducting L 10 agency, and the governing bod.y pf saidJagency is hereby direci;ed 11 to initiate reorganization proc13edings in compliance with this 12 resolution .. 13 14 section 4.. Further procee~lings sha.11 be initiated by the I 15 of the Commission resolutio~,-anq, shall be cor:i.ducted and completed 16 pursuant to required law. Proce,edings and any r,esolutj.on of 17 approval shall comply with tlie c\\?mmission•s resolution of approval .. 18 section 5. The Executive O~Eficer is hereby authorized and 1' 19 directed to mail certified c,,p:Le~1 of this resolution as provi~ed 20 in section 56272 of the Govern:merlt Code .. 21 ADOPTED this 26th day of Ma:t., 1982, by the· following. vote: 22 23 24 25 AYES: NOES; Wilderj, satterbe;r;-g/ Levy, Johnson None ABSENT: Howard STAT.E OF CALIFORNIA} 26 COUNTY OP FRESNO ) 27 I, MARVIN L. PANTER, Executi,re Officer of the Local Ag~r,tClJ:·· Formation Coromiss ion certify that ithe foregoing resolution ,~ra.·s ··· · 28 adopted by the Fresno County Local Age11cy Formation Commission, California, at ,a regular meeting b\eld on the 26th dax .of May, 1982 .. 29 30 31 32 (}\c~.~W~· MARVIN\\ L.. 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