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HomeMy WebLinkAboutResolution - City Council - 82-442 - 1982-09-28• • RESOLUTION NO.. 82: ... 44 2 RESOLUTION INITLA.TING PROCE:ElDINGS FOR THE REORGANIZATION OF THE CITY .OF FRES~lO,. THE KINGS RIVER CONSERVATION DISTRICT )l~:0 THE M:CD VALLEY FIRE PROTECTION :DIS'TR!CT, IN- VOLVING UNINHABITED TERRITOJ"<Y DESCRIBED HEREIN AND DESIGNATED AS TH'.ls PROl?d:SED CALIFORNIA-CLOVIS NO. 2 DIS~t'RICT Rt:O.RGANIZA·"' TION, SETTING THE TIME, DATJ~ 1\ND l?'LACE FOR HEARING PROTESTS THERETO, AliJD GIVI'.t\!G NOTICE THEREOF Ed Bielicki, WHEREAS, proceedings for a propos~ed re<.">l:·ga:nization were commenced by the City of F1~esno pursuelnt. to ;L ts Resolution No., 82-1, adopted on January 5, 1982; and WHEREAS, the Fresno Local Agency.Formation Commission on the 23rd day of June, 1982, met a.t the noticed time and place to consider all matters releva.nt to the proposed reorgani~~ation and heard all persons interested there:Ln" and adopted at the time and in the form and manner prescr.ibed by law its Resal11· ... tion No.. R0-82-27, "Making Determinati<()n ctnd)\pproving the Proposed California-Clovis No. 2 District Reo;cganization°, a copy of which is attached hereto and identified as Exhibit "A0 ; and WHE'.P.EAS, a request was presented t:o the Commission on August 4, 1982, to revise said Resolution No. R0-,82-27 to delete Condition No. 3 requiring 11 a11nexation also to ;the Fresno Metro- politan Flood Control District as a part of this reorganization"; and WHEB.EAS, on August 4, 1982, the F:t.~(~sno Lor::al ll~gency Formation Commission revise.d its Resolution No .. R0-82-27, by adopting its Resolution No. R0-82-27a,.,. qLpproval of the request to delete said condition No. 2 requiring· annexa.tion to Fresno Metropolitan Flood Control District, a oopy of which is attached hereto and identified as Exhibit 11 Bn; and WHEREAS, the Fresno County Assessor''' s roll will be ttsed for the purpose of levying any assessments o:t taxes on the subject property; and lvHEREAS, the subject territory prop(:>sed to be annexed to the City of Fresno shall be exempt from taxation for the payment of Page 1 of 4 • principal or interest, or any other amounts which shall become du~e 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 subj ec'.t territory will be included in Municip,al Bond Area "1::,n and will not be taxed for any existing bonded indebtednt~ss or contractual obligation. NOW 1 THERlsFORE 1 BE IT Bl~SOtVED 1 l)ETERMINED AND ORDERED by the Council of the City t:>f Fresno, as follows: 1. Proceedings are hereby inittated for the proposed California-Clovis No. 2 Dis~;:.rict Reorganization as described in Exhibit "C" and graphically de- picted in Exhibit "D" wherein ·the Cit~{ c,f Fresno, the Mid Valley Fire Protect:Lon 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 propc,sed r€!Org,inization, the subject territory is fou.nd to be uninhabited,. 4. The reasons for this proposed reorganizatic>n are as follows: a. The subject territory is within the City of Fresno's Sphere of Influence. b. Property owners within the project area petitioned for annexation to the City of Fresno. c. It is advantageous for the territory within the California~·Clovis N<:>. 2 Di strict Reorganization to be a part of the Cit~r of F:r:·esnc1 .. 5.. The first condition of approiral imposed by LAFCO, namely that the City shall purchase a site for a fire station near the vicinity of Clovis and Butler ,i\venues, will be met prior to recoirdation of the C,al.ifor11ia-Clovis No. 2 District Reo1:ganization. Page 2 of 4 1 I • • > • • 6. In order to satisfy LAFco•s second condition of approval, the Council hereby indicates its will- ingness to agree to an interconnection with Waterworks District No. 24 near Fawler and California Avenues .. 7. October 26, 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 tl1e date of adoption of this resolution is hereby: es- tablishE~d as the time, d1:1te and place of hearing on the proposed reorganizat:ton. 1\.t th:i.s time and place any intE;rested pe:rson deti>i:t:·ing· to protest said re- organization shall do so by wx·itt:en communication filed with the Clerk of the City of Fresno not late:t:· than this hour set for hearing.. Written protests shall be signed and submi tt.ed a:l:ter th€~ a.doption of this resolution and shall contain the date of signature. A wx:i tten protest by a la:ndowner shall contain a description s1.1f f icient tc, identify .the land owned by him. 8. The Clerk of the City of Fresno shall give notice of such hearing once in a newspaper of general circulation at least fifbeen days prior to the date specified herein for hearing .. 9. The Clerk shall further cia.use al 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. 10. 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 Page 3 of 4 • • first class mail, postag€i prepaid, at least fifteen days prior to the day specified rterein for hearing. 11. The Clerk is hereby instructed to forward a copy of this resolution to the Executive Officer <.'>f the Fresno Local Agency Formation Commission. CLERK 1 S CERTIFICATION STATE OF CALIFORNIA) COUNTY OF FRESN0 ) s s" CITY OF FRESNO ) I, ,1ACQUELINE L. RYLE, City Cle:rk of the City of Fresno, certify that the foregoing resolutio:n was adopted by the Council of the City of F.resno, California, at a :regular meeting held 0,n the 28th day of· .s~pt~mber t 1982 ,. l?a,ge 4 of 4 j '• • • l .MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE FRESNO LOCAL AGENCY FORMATION COMMISSION PROPOSED 11 CALIFORNIA-CLOVIS #2 11 ) 2 REORGANIZA 1rION · ) -------------------- 3 4 J"lHEREAS, preliminary proceedings were initiated by the City • ' 5 of Fresno to annex territory generally bounded by Clovis; Fowler" 6 Ca.lifornia, and Jensen Avenues to the City of Fresno and. detach 'l from the Mid-Valley Fire Protection District and Kings River 8 Conservation District in the County of Fresno; anc 9 WHEREAS, an application for sai:d proposal was accepted for 10 filing by the Executive Officer of this Loc:1al Agency Formation 11 Commission; and 12 WH}ZREAS; said application was s,et for hearing by the Executive 13 Officer on the 25th day of August, 1~82., at the houx· of 2:45 p.,m .. 14 of said day; and 15 WHEREAS, notice of the hearing ,of saic1 application was duly• 16 given by mail, posting, and newspape.i: publication as required by 17. law; and 18 WHEREAS, the Executive Officer ;~eviewed said application and .19 prepared a report, "including-his rec1::>mmendatio11s thereon, said 20 application a:p.d. report having been p;resented to. and considered by 21 this Commission; and 22 WHEREAS, this Commission considmred aJ~l relevant factors at)d 23 heard all interested parties wishing to spe~ak on said applicati~,n;; 24 and 25 'WHEREAS, the Commission has revtewed a.nd considered the 26 information in the Negative Declaratj.on as provided in the Executive· 27 Officer's Report duly prepared and fj~led b3r the City of Fresno .. 28 29 Commission of the County of Fresno dC)es HEilEBY RESOLVE, DETERMINE, 30 AND ORDER as fallows: 31 Section 1. Said proposal is apf.►roved with revised boundaries 32 to delete APN 316-010--02; 316-021-01, 09, ,t2, 13, 14f 15, 34, 37, COUNTY OF FRF.SNO FRESNO. CAI.IFQRNJA EXHIBIT "A" Page 1 of 3 . () i • • 1 '"47, 48, 49, 50, 51, 52, and 53, and a revised map and legal 2 description shall be submitted to the E.:t{€tcuti ve Officer, subje.ct 3 to approval by the County Assessor. Any resolution of the 4 cond~cting agency ordering this ·reorqani.~~ation shall provide tha·t 5 such reorganization shall be subject to the following terms and 6 conditions: 7 l. The City shall purchase the site for a new fire station, 8 located near the vicitti ty of Clovis a:o.d Butler Avenues .. 9 2. There shal 1 be an agreement l~y the City for a water main 10 intertie ,.,i t'.h Waterworks District No. 24; the intertie to be near:· 11 California and Fowler Avenues. 12 3.. Included in the proposal shall be an annexation to the 13 Fresno Metropolitan Flood Control Distirict £or that area 11ot in 14 the District north of Jensen A1venue, n1ear Sunnyside Avenue;; 15 Sectiog__~.. Said territory is fout~d to be uninhabited and . 16 is assigned the following d.istincti ve ~1hort £<:,rm designati.on: 1'7 "California-Clovis #2° .. 18 Section 3. The City· of Fresno is designated as the conducting 19: agency, and the governing body of said :a.get1cy is hereby directed· 20 'to initiate reorganization proceedings Jn compliance with this 21 resolution .. 22 Section 4. Further proceedings shG~ll be initiated by the 23 conducting agency not later than 35 daysi after the date of adopt.i.ori 24 of the Commission resolution, and shall be conducted and completed' 25 p 11rsuant to required law.. Proceedings q;nd any resolution of 26 approval shall comply with the ·8ommissiot1 1 s resolution of approval. 27 §ection 5,., The Executive Officer it~ hereby authorized and 29 in Section 56272 of the Government Code .. ' 30 31 32 COtJl'tT'' OF f"JqESNO F'~l!:SNO, CAlt-.WORNI'"- EXHIBIT "A 11 Pag,e 2 of 3 ii J It I .. • • l . ADOPTI:~D this 25th day of August, 1982r by the following vote: 2 AYES: Howard, Levy, .Silva, W.i:lder 3 NOES: None 4 ABSENT: Johnson 5 STATE OF C.,ALIFORNIA) 6 COtJN:t'Y OF ]1RESNO ) 7 I, MARVIN L. PANTER; Executive O::Efj.cer of the Local Agency FuL·.cttc:1-L.io.u Co.ut..a1.i.ts:::;l0n cert.lfy that the; .c~u: l.i~go.Lug L ~t,vl uLlun wc1.::, 8 adopted by the Fresno County Local Aglpncy Ft:n:mation Commission, California, at a regular meeting held.: on the 25th day of AugU;$t, 9 1982. I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25, 26 27 29 30 31 32 OA-~~g?~ MARVIN L,t PANTER, Executive Officer COU~tTV OF F'RESHO 'Rf!SNO, CA\..IFORt-OJ\ , EXHIBIT nA 11 Page 3 of 3 ◄~---~ "b ~_Jfialf i ~J Wit.I ◄¥1<, fii• ;Jt ,1 II 4;"11i11:' 'I 11• t .1o>q-..;~~~•>CS1•·,.,JJ,~(t',.,,-...,...,..._..,,.,,; _ _,.,,_...._,,,._.,_~H><-a;,-<"'~""'''°'1~,c·~~'"'W;,,~: --:,\,..;~ ,',,... I . l • ,~-~7c:p .ir. r-:1 1· r,i t. ·:;.. '-1:.. a i !J I 1 /. l • "! ~ l -APPROVAL OF REQUEST TO RESOLUTION APPROVING REVISE} Rl~SOLU 11'1ION OF THE . u.:::mG ;,!,J i:~~.:tu~;:~! VZi t.HESNO LOCAL AGENCY 2 "CALIFORNIA-CLOVIS #2 11 ) FORMATION COMMISSION -------------------- WHEREAS, on June 23, 1982, the Loctal Agency Formation 5 Commission did approve the proposed "C<;~liforn:i.a-Clovis #2 11 6 Reorganization to annex to the City of Fresno and detach from the 7 Mid-Valley Jrire Protection District anci Kings River Conservation 8 District, subject to three conditions; ~~nd 9 WHEREAS, a request was presented -t~o the Commission on August 4, 10 1982 to revise said resolution of appr<:►val by the Executive OfficE~r 11 to delete Condition No. 3 requiring anJ1~exa.tion also to the Fresno j 12 Metropolitan Flood Control District as.a part of the reorganization. 13 NOW, THEREFORE1 BE I.T RESOLVED th<;tt the Local Agency Formation 14 Commission of the County of Fresno doe$ hereby apprcfve the request: 15 to revise the resolution by deleting C<:>nd:i.t.ion No .. 3 from the 16 1tcalifornia-,Clovis #2 11 Reorganization (R0-82-27) .. 17 18 19 20 21 ADOPTED th~s 4th day of August, 1982, by the following vote: AYES: NOES: Wilder, Howard, Silva, Jobns,on None ABSENT: . Levy STATE OF CALIFORNIA) 22 COUNTY OF FRESNO ) 23 24 25 26 27 28 29 30 31 32 co,UN"rY OF Fne:s,1Q FFfi!(SNO, CALl!f'ORMIA I, MARVIN L. PANTER, F.:xecutive Office!!:" of the Local Agency Formation Commission certify that the :foregoin9 resolution was adopted by the Fresno County Local Agency Formation Co:romission., California, at a regular meeting held :on the 4th day of August,. \\\1 /1 ' .Q~· A-w~'-c:::;t--~d~ll<...~ MARVIN L .. PANTER, Executive Officer EXHIBIT "B" . . • • Jt.w . ..: • 't .. • ~ CALIFOR.."'tIA-CLOVIS NO. 2 DISTRICT REORGA..~I2;ATION • Area to be Detached from the Mid Valley Fire Protection D:i.stric:t :t the Kings River Conservation District, and Annexed to the City of Fresno .. Consisting of Lots T and 8, lying in the Northwest Quarter of Section 16, 14/21 of Henrietta Rancho; Lots 1, 2, 3 and 4, lyi1ag in the Southwes1c Quarter of Section 16, 14/21, of Henrietta Rancho; a portion 'of ·the East Half of Section 16, 14/2..l, M.D.B.&M. BEGINNING at the intersection of the East li11e .of Section 17, Township 14 South, Range 21 East, Mount Diab lo Base and Meridia~1, as said Section is shown on th1~ United States Ti:,wnship Plats, being also, thi~ West .line of Siaction 16 of said, Township and Range, with the North line of the South Ralf, of the Northwest Qu,!ir- t-,; ..... nf" C',;,4d c:::, .... ,..t""T-'"'!"1' 'f6, r.'"'"''""' ~1r:-o, ~ n-.-: ...... l"' ..... t1,r1,,::,~,--,i,..,+-4nn ('-l+--,7l'•;a;t-s of: t-1-,i:;. -•-4 ... '¥• .. .;;.>\,,,!i..... '--""".:o-:-"-L• ...... y "'-" ........ "'O \.A..J-W' , .... \, r--v................ jJ"J...s.~ ..... __ ,e,..~ .. -..... ~ b ~ .... "'"~,) .,, ... ,,.,.£... ------,,_, __ ~;""" City of Fresno; thence Southerly, along the J~ast line of said Section 17, being also, alon;g the West line of said Section 16, being alst►, alor.J.g the existing '. '· ·I .' City Limits of said City, to the intersectioi:1 with a line which is pa.ntllel w:lth and 2349. 00 feet North of the South line of 1said Section 17; thence continuing Southerly, along the East line of said Secti;:m 17, being also, along the West: line of said Section 16, to the intersection; with the Westerly pl'..'oduction of 1~he· South line of Lot 1, lying in the Southwest Quarter of said Section 16, c,f ' Henrietta Rancho, as said lot is shotvn on the Map thereof, filed in the O:ffici~ of the County Recorder August 21, 1884 and recorded in Volume 2 of Plats at p;~.ge 20, Fresno County Records; thence Easterly, along the-Westerly production of the South line of said Lot 1, and along the South lines of Lots 1, 2, 3 and 4, lying in the Southwest Quarter of said Section 16 ~ of said Henrietta Ratlcho, and ali:Jng the Easterly production of the South line of said Lot 4; to ~he intersection 1:Jith the East line of the Southwest Quarter of sc1,id Section 16; thence Southerly, along , the East line of the Southwest Qt.tarter of sa.id Section 16, to the intersec.tion with the South line of said Section 16; thet(ce Easterly, along the Sou1;h line of said Section 16, to the Southeast corner of said Section 16; thence Northerly,,,. along the East line of said Section 16, to t~he intersection with the North linE;! of the South Half of the Northeast Quarter ttf said Section 16; thence Westerly,, along the North line of the South Half of die Northeast Quarter of said Section .:L6 i, co the ii1:tersect1011. with the Ease line ~>t the i.'io'rtHwest: Qua11.er of said ~et, .. tion 16; thence So1.1therly, along the East line of the Northwest Quarter of sa:a.d Section 16, to the center corner of said Sei~tion 16;, thence Westerly, along tpe South line of the Northwest Quarter of said•, Section 16, to the intersection with the Southerly production of the 11:ast liws~ o:E Lot 7, lying in the Northwest Quar .... ter of said Section 16, of said Henrietta R:ancho; thence Northerly, along the; Southerly production of the East line of saJ .. d Lot 7, and along the East l:tne 10£ said Lot 7, to thl~ Northeast corner of said: Lot 7; thence Westerly, along the: North lines of Lots 7 and 8,, lying in the Northwest Quart.er of said Section T6,, of said Henrietta Rancho, and along the Wesiterly production of the North line of said Lot 8, being also, along the North line of the South Half of the Nortb:we:st Quarter of said Section 16, to the POINT OF BEGINNING~ File No. 2130 Drawing No. 6-A-1160 Contains 360 Acres 12/9/81 TWB/pt Revised 7/2/82 l1B/pt APi~:,ROVED ;oof;AFCO -~-fi: 1-:.,~~ DAT1:: MARYIN L. PAt~TER Executive' Offic•~r EXHIBIT .. • • . • • -.. : : : : : :·::: I'.::::::: I ........ . : : : : : : : : : E Ll~E ~VJ Y'4 , · .. : : : : : ?Et!T. 1 b 1 1 ... 1-/7-1 I •• •.•••. : : : : : : : : : I :;:::::'. I .• ••• •... • 1 : : : : : : : : : : : : • : : : : : : : : : : : : : : : : : : : • : : : : : : : : : : : : • I •• • • • • • • • • • • • • ••••••••••••••••••••••••••••• I •••• • ••••••• • ••••••• •.• ..... • ••• ••• ••• • •••• ~=-=-~~~~~~'-----..a.---------1.'1.::::5,;~:a=:..· a~·"-':::..:.:.:...:::~::::::::::: :::::::::s.9.J:> . S JY CoA'. .SE~~ . .S ,,,cC;r. / ~ /~/ S.£cr. /~/ /~/ 1 .-: .. t-.) r- APPROVED-LAFCO -;/ . .:Er-..E . .1~/ D --. Ex/ST/Ne; C/TY /7ReA '8 -~ 8:t:, - DATE l) \ VI ""•-I Executive Off leer ~RfA T.c?...B..c ...ZJ£TAC#.L;.O FRO~ ,;74!: ~L?-./ALL.e,Y ~£ .PR.oT'"".c"CT/?"/1/ LJ/ST/P/C ~ T#£ /'r/#~S"' ~P"c,e CoA'"S~A?i,,AT/t:7/J,,,. _z:>/.sTR/c.,?;" .-,4.,.,y.c:, ,,,4 /V/Y £A'~ r~ T#£ c,,, r r ~r ~.s ,..,-1-'~7. EXH"C T "D" FILE t'1o. ANNEX No. ,~CRES= 360 COUNCIL DISTRICT o. -'$" _____ _ • i .. .. - • I .. .. .. "' PROPOSED CALIFORNIA-CLOVIS NO. 2 DISTRICT REORGANIZATION (approximate scale) • --,. __ --◊----·----"',_......,.~ . ._ □--&-. ===-. ---.. __ -----...,. __ J O C - -,-... ·--· ... Roosevelt Community Plan .... •