HomeMy WebLinkAboutResolution - City Council - 82-452 - 1982-09-28l
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RESOLUTION NO. 8.2 ... 452 -·-
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, IN THE MATTER OF TJ.IE
HE:RNDON.,..HARRISON NO. 4-2 DISTRICT REORGAN-
IZATION ORDERING A REORGANl,ZATION OF THE
CITY OF FRESNO, THE MID VALl7.iEY FIRE PRO-
TECTION DISTRICT, THE NORTH CENTRAL FIRE
PROTECTION DISTRICT AND THE ,KINGS RIVER
CONSERVATION DISTRICT ..
Ed Bielidd
WHEREAS, The Fresno City Council, pursuant to its
Resolution No. 82-154 adopted on April 16, 1982, requested the
Fresno Local Agency Formation Co!lli~ission to take appropriate
proceedings for the annexation of the s1:ibject territory to
the City of Fresno; and
WIIBREAS, the proposE~d reorganization known as Herndon-
Harrison No .. 4-2, is described in Exhibit "An and graphically
depicted in Exhibit nB"; and
WHEREAS, with notice given according to law, LAFCO met
on June 23, 1982, to hear interested persc,ns, consider the pro-
posed reorganization, and adopted Resolution No .. R0-82-29,
"Making Determination and Approving Proposed Herndon-Hctrrison
No .. 4-2 District Reorganization u of the City of 'E,resno, the
Mid Valley Fire Protection District, the N(Jrth Cemtral Fire
Protection District and the Kings River Conservation District; and
WHEREAS, Resolution No. R0-82-29 autho.t:'ized the Council
to conduct the procee1dings for the reorgani~tation in the
manner provided by law; and
WHEREAS, on August 31, 1982, the Council initiated pro-
ceedings for said proposed reorganization by adopting Re-
solution No. 82-391, nResolution Initiating P·roceedings
for the Reorganization of the City of Fresno, the Mid Valley Fire
Protection District, the North Central Fire Plrotection District
and the Kings River Conservation District n, a:n.d setting a hearing
£or the proposed reorganization on September 28, 1982, at 3:00 p.re.,
in the Council Chamber, City Hall, 2326 Fresno Street, Fresno,
California, 93721; and
WHEREAS, the Council gave the required notice of the
time and place for hearing objections to the prc,posed re-
organization; and
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WHEREAS, the Council conducted a h<:~aring, at which time
they heard all pEarsons who wished to ob:jeot to the proposed
reo1:ganiza tion; and
WHEREAS, pr•:>tests or objections in writing to the pro-
posed reorganization, delivered to the Clerk of the City
of. Fresno before the hour set for heari1ig, were considered
and are on file in the office of the ClE~rk of the City of
Fresno, County of Fresno, State of Calij;ornia; and
WHEREAS, at said hearing and prior to consideration of
protests, LAFCO' s resolution making det~~rmination and approval
was presented and summarized to the Coui~cil: and
WHEREAS, the Council considered a1:l1. factors required
by law for a proposed reorganization; au.d
WHEREAS, the Council determined th,a.t the proposed
reorganization constitutes inhabited te:rritory as •defined
by law and that written protest filed and not withdrawn re--
presented less than twenty-five percent (25,%) of the number
of landowners within all territory prop,:,sed to be anne~ed,
owning not more than twenty-five percent. (25%) of the assessed
value of land therein; and less than twienty-five perce11t {25%}
of the voting power of voters entitled to vote as a result of
residing within or owning land withi11 such territory; and
WHEREAS, the Fresno County Assessot'' s roll w:tll be
used for the purpose 0£ levying any ass,essments or taxes on
the subject territory; and
WHEREAS1 the subject territory proposed to be annexed
to the City of Fresno will 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 indebt-
edness incurred by the City prior to the effective date of
such annexation, and upon completion of this reorganization
proposal, the:! subject territory will bs included in Municipa·l
Bond area "D" and will not be taxed for any existing bonded
indebtedness or contractual obligations ..
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NOW, THEREFORE, BE IT RESOLVED by the Council of
the Ci t.y of Jlresno as follows:
l. The Council hereby orders that the territory
referred to as Herndon-Harrisc,n No. 4-2 District
Reorganization, and described in Exhibit nAu and
graphically depicted in Exhibit 11 B 0 , attached
hereto 11 be annexed to the City of Fresno an~l the
same territory be detached f1:om the Kings River
Conservation District, the M:Ld Valley Fire Protection
District, and the North Central Fire Protection
District of Fresno County.
2.. The proposed reorganization'is in the best interest
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of the territory of Herndoni-Harrison No. 4-2 District
Reorganization and lands ha.ve not been improperly
omitted from or included within this reorganization.
3.. For the purpose of the proposed reorganization, the
subject territory is found to be inhabited.
4. The reasons for this prope>sed :reorganization are as
follows:
a,. The subject territory is within the City
of Fresnots Sphere cf Influence.
b.. Municipal services will be more efficiently
and economically provided ..
c. The City of Fresno has initiated this proposal
to comply with a LltFCO condition of approval
applied to the Her:ndon-Ingrarn No. 4 District
Reorganization whe:ceiri recordation of sa.i.d Herndon-
Ingrain No. 4 District Reorganization was held in
abeyance pending receipt of a City of Fresno ap-
plication for annE?Xation of the subject territory,,,
d. It is advantageouta for the territory within
the Herndon-Harrison No .. 4-2 District Re-
organization to be part of the City.
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The condition impose:d by LAFCO, namely that the City
Service Plan shall be revised to provide for the improve-
ment of all streets within the subject territory where
there are curbs and gutters, such improvements shall be
in conformance with .establi~~hed City policies and shall
be done at the soonest possible time, is adequately met
through the existing provisions of the City's Ma.ster
Service Delivery Plan.. The timetable for the requi:ced
improvements will be determined by available funding and
project priorities.
6.. This reorganization shall be completed without an
election in that the property is inhabited and
the Council finds that writben protests filed and
not wi thdra.wn represent less then twenty-five
percent (25%} of the number ,~f landowne:t~s within
all territory proposed to be annexed, owning not
more than twenty-five percent (25%) of the assessed
value of land therein, and l€iss than twenty-fiv,e
percent (25%) of the voting power of voters entitled
to vote as a result of residing within or ow11ing
land within such territory.
IT IS FURTHER RESOLVED by the Courvoil of the City of
Fresno tha.t the Herndon-Harrison No.. 4-:2 District Reorganization
be and is hereby allocated to Counci.l District No .. 2.
CLERK'S CERTIFICATI()N
STATE OF CALIFORNIA}
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, J'ACQUELINE L .. RYLE, City Clerk of the City of 1-'resno,
certify that the foregoing resoll1tion was adopted by the Council
of the City of Fresno, California, at a !t'egular meetinq held on
the 28th day of September, 1982 . "'
JACQUELINE L. RYLE
City Clerk.
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HEfu'>-{DON-HARRISON NO .. · 4-2
DISTRICT REORGANIZArroN
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Area to [be Detached from the Mid Valley Firie Protection District,_ the Kings
River Corrnervation District and Annexed to ·t:he City of Fres~o.
Consistibg of Lots 1-51, Inclusive, of Palm Avenue Homes, and Lots 1-42,
Inclusivle, of San Joaquin Heights~ Lying in Section 32, 12/20, M,.D .• B ~-& M.
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BEGINNINb at the Northeast corner of San Jo1;~quin Heights, as .shown o:n the
map t:her.~of, filed in the Office of the County Recorder, January 25, 1956,
and recorded in V<>lume 18 of Plat:$ at Page ~\2 1 Fresno County Records, be-
ing also I, a point o:rr the existing City Limit.s of the City of. Fresno; thence
along thf various courses of said existing £1:i.ty Limits as follows;
(1) Nor~h 89~ 51 l OOH West, along the North 1ine ~f said San Joaquir:
Heights, a distance of 709. 00 feet:, to the :Northwest co,:ner of
said San Joaquin Heights; thenc1:
{2) Sout:h 00°14' 001 ~ West:, along the West line of said San Joaquin
Hei~hts to the Southwest corn.er thereof; thence
(3) Soufh 89°51 1 00n East, along the South 1,tne of said San Joaquin
Heights., a distance of 216. 00 feet, to ;the Northwest coi:ner of
Palm. A,tenue Homes, as shown. on the map thereof, filed in the
Off ice 0£ t.he County Recorder November ;?2, 1950,, and recorded
in Volume 15 o:i: Plats at Page 431, Fresn◄) County Records; thence
(4) South 00°14 '00" West, along the vfost lijie of said Palm Avenue
Homes, a distance of 327 -00 feet; thertcE~
(5) North 89°51'00" West, a distance: (➔f 25.-HO fee.t; · thence
(6) South 00°14 1 00" West, along the W€$t line of said Palm A:venue
Homes, a distance of 570.00 feet; thence,
(7) South 89°51' oon East, a distance of 25. CIO feet; thence
(8) South 00°14' 00° West, along the West liite of said Pal1n Avenue
Homes, and along the Southerly production of the: West line of
said Palm Avenue Ho-mes, a distance of 22;,5.00 feet, to the inte:r-
sec.tion with the South line of Section .3l2~ T. 12S .. , R,. 20E.,
M.1>.B .. & M.; thence
(9) North 89°43 '33" .East, leaving said existing City L;t:.uits of the
City of Fresno, along said South li11;e, t:p the intersection with
the Southerly production of the East line of said Palm Avenue
Homes being also, a point on the existing City limits of isa.id
City, a distance of 493.00 feet; thence
(10) North 00(114 1' 00" East, along the East lint?S of said Palm Avenue
Homes and San Joaquin Heights and the Soitttherly productiort · there-
of being also, along e:idsting City limiti~ of said City, to the
Northeast corner of sai.d San Joaquin Hei~thts, a distance of
177'2. 00 feet, said point being also the j)oint of Beginning ..
Drawing No. 1074
File No. 2044
.heres = 23 .. 6
LCC/Rabe Engineering
2/13/80
Revised 3/18/82
~EG/pt
.APPROVED•LAFCtO
(p-~3-Q~L_-
DATE .
M.ARVIN L PAHTEffit
Executive Offker;
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Area to be .Detached from the North Central Fir1~ Protection District, the Kings
River Conservation District and Annexed to the City of Fresno ..
Consisting of a Portion of Section 5:1' 13/20; M .. D.B. & M.
. Commencing .at the. Northeast corner of San Joaqt:tin Heights, as shmm on the
map thereof, filed in the Office of the County ;Recorder, January 25, 1956,
and recorded in Volume 18 of Plats at Page 32, Fresno County Records, thence
as follows to the TRUE POINT OF BEGINNING of thi.s descri.ption:
(1) North 89°5l'Oon West., along the North line of said San Joaquin
Heigl1ts, a distance of 709. 00 feet 1 to the Northwest corner of
saidiSan Joaquin Heights; thence,
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EXHIBIT "A"
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(2) South 00°14' oon West, along the West line of said San Joaquir;t
Heights to the Southwest ,corner there.of; thence
(3) South 89°51'00u East, along the South line of said San Joaquin
Heights, a distance of 216.00 feet, to the Northwest corner of
Palm A'\i~nue Homes, as shown on the map therec,f, filed in the
Office of the County Recorder Novembe:r 22, 1950, and r1;corded in
Volume 15 of Plats at Page 43, fresno, County ,Records; thenc.e
(4) South 00°14'00" West" along the West line of $aid Palm Avenue
Homes, a distance of 327 .00 feet; ther\c.e
(5) North 89°51•00" West, a distance of 25.00 feet; thence
(6) South 00°14 1 0011 West, along the West line c:,f said Palm Avenue
Homes, a distance of 570.00 feet; thence
(7) South 89°51 '00" East, a distance of 251 .• 00 feet; thence
(8) South 00°14 too" West, along the West l;tne of said Palm Avenue
Homes, and along the Southerly product:~on of the West line of
said Palm Avenue Homes, a distance of ~\25.00 £¢;et, to the inter-·
section with the South line of Section:32, T,. \l.2S ... , R,. 20E,., M.D ..
B. & M.,, said point being the TRUE POIN'T OF BEGINNING of this
description and a point on the existing City L:lmits line of the·
City of Jfr.esno ;· thence
(9) South 00°14' OO"West, continui11g along the Southerly production o:f
the West line of said Palm Avenue Homes 11 and along said existing
City Limits line a distance of 133., 00 f~ie.t to the intersection
with the centerline of West Herndon Avenue Expressway (designated,
ur,ie line on the Fresno County Department of Public Wo-eks Drawing
No. 5318-13) ; thence ·
(10) North 89°l~3 t33u East, along said' c1~nterllne; and along said City
L:tmits line, to the intersection w:lth tfo~ Sauther.ly production of
the East.line of said Palm Avenue Homes, a distance of 493.00 feet;
thence
(11) North 00°14'00" East, along the ex:i.sting City Lim:f.ts of said City
and along the Southerly production of th~·. East 1:tne of said Palm
Avenue Homes, a distance of 133. 00 feet ti::> the South line of said
Section 32, T .. 12S., R. ZOE.,. M .. D .. B~ & M.; thence
(12) South 89°43 f 3311 West, leaving said existi1ig City Limits of the City
of Fresno along the South line of sa.id Se<:ttion 32, a distance of
4 93. 00 feet to the TRUE POINT OF aEGINNING! of this de.scriptioit ~
Drawing No. 1974
File No. 2044
Acres -1~5
LCC/Rabe Engineering
2/13/80
Revised 3/18/82
FEG/pt
Revised 4/29/82 FEG
Total Acreage= 25.1
APPROVED ... LArCO
_...fa-C!1~l~a;;t .... _
DATE
MARYU'l L PANTE.It
Exac:uttve .: Officei
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DATE
MArtYIN L PANT It
Executive Officer
AREA 7?J eE OETAci-lE.D FRtW& T1-IE f'J'.to VAuev FIRE. P1un1=cr,01J , 77-le K/Nf:rS
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f=-tLE No. ,2.044
'1../Cb/J -f./M./N-5oN ,,Vo. 4-2 0/5Tl?lcr REoRelNJtZATlON' J\ NEX No.
t\CRES =
Cols15771-1e or UJT5 ~-51 11/ct-. or PALM AVE.Nu£ I/~, UJrS 1-42.
tNcl. or= 54.tJ "J"c.AQv.'.IJ HElctJ./T-s , All. LYIN&I IN R:Ji?Tto!-lc;
OF c:,1=cnoA1 ~:z I J.,.;~ Al.lo secr10JJ G, 1
~0 . M .o. 8. ~ M.
C UNCIL STRICT NO. -2,. __ AS PER COUNCIL
DISTRICT MAP DATED I -2 2 • 82
25.IO
COUNCIL DISTRICT No. ~2.;:::;.._----'-
0 R. Y: .iii;}lj_t.a,_
DATE : N'f(ll.~,1/e:l.-6-A-_!0 14: SCALE :_I' z,40:,' -
1 MAKING DE'EERMINATION AND APPROVINGJ
PROPOSED "HERNDON-HARRISON #4-2u )
2 REORGANIZATION )
4lsoLUTION
RESOLUTION OF THE!
FRESNO LOCAL AGE)')~CY
FORMAT.ION COMMISSION
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4 _WHEREAS, prellminary proceedings we;t-e initiated by the City of
5 . Fresno to annex territory generally located on the northwest corner:·
6 of Herndon and Harrison Avenues to the C:i.ty of Fresno and detach
7 from the Mid-Valley Fire Protection DistJ.:-ict, North Central Fire
8 Protection District, and Kings River Coni~ervation District in the
9 County of Fresno; and
10 WHEREAS, an application for said pr()posal was accepted for
11 filing by the Executive Officer of this l,.,ocal Agency Formatior1
12 Commission; and
13 WHEREAS, said application was set fc~r hearing by the Executive
14 Officer on the 23rd day of 1June, 19 8.2, ai; the hour.~ of l: .30 p .m., of
15 said day; and
16 WHEREAS, notice of the hearing of s~iid applicatic,n was duly.
l? given by mail, .Posting, and newspaper publication as reqi.tired by
18 law; and
19 WHEREAS, the Executive Officex:· reviEiwed said application and
20 prepared a report, including his rec:ommettdations thereon, said
21 application and report having -been presel'.~ted to and . considereid by
22 this Commission; and
23 WHEREAS, this Commissioin consi,o.ered all relevant factors and
24 heard all interested parties wishing to spea:k: on said application;
25 and
26 WHEREAS, the Commission has reviewed and considered the
27 information in the Negative Declaration as provided in the Executive
28 Offi cer 1 s Report duly prepared and filed by the City o-f Fresno ..
29 NOW, THEREFORE, BE IT .RESOLVED that· the Local Agel)CY FormatiOl'l
30 Commission 0f -the County of Fresno does H;SREBY RESOLVE, DETERMINE1
31 . AND ORDER as follows:
::ouNTY OF FRESNO
'fl!l!:SNO. CALIFORl'f{Jlo
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1 Section 1.. Said proposal is appro-v·ed subject to the terms and
2 conditions hereinafter specified. Any lfesolution of the conducting
3 agency ordering this reorganiz.ation shall provide that such
4 reorganization shall be subj E:'!ct to the Joll,ow:Lng terms a:nd
5 conditions:
6 1. The City Service Plc:3.n shall be revised to· provide for the
7 improvement of all streets within the subject territory where the:t~e
8 are curbs and gutters... such impro~\irements shall be in conformance
9 with established· City policies .and shall be done at the soonest
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10 possible time ..
11 Section 2. Said territory is :f:ound to be inhabited a11d is
12 assigned the following distinctive shox;t form designation:
13 11 Herndon-Harrison #4-2 11
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14 Section 3. The City of .Fresn.o is aesignated as the conducting
15 agency, and the governing bod:y of said agency is hereby directed
16 to initiate reorganization proceedings in compliance with this
17 resolution.
18 Section 4. 'Further proceedings sliall be initiated by the
19 conducting agency not later than 35 days after the date of adoption
20 of the Commission resolution and sh,all • be conducted and completect
21 pursuant to required law. Proc~Jed:L:ngs and any resoJ.utio1.1 of
22. approval shall comply with the Conunission's resolution of approval.
23 section 5. The Executive Officer-is hereby authorized and
24 directed to mail certified copies of this resolution as provided .
25 in Section 56272 of the Government Code.
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::ot,N.'l,'V OF FRESNO
'A!:SHO, CALIFORNIA
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COUNTY OF FRESNO
~RESNO, CAL.IFQ,RNIA
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ADOPTED this 23rd day of June, 198:2, by the following vote:
AYES: Howard, Silva!, Levy, Wilder
NOES: None
ABSENT: Johnson
STATE OF CALIFORNIA)
COUNTY OF FRESNO )
I, MARVIN L. PANTER, Executive Officer of the Local Agency
Formation Commission ciertify tha.t the £orego.i.ng resolution was
adopted by the Fresno County Local Agency Formation Commission,.
Californiar at a.regular meeting held an the 23rd day of June, 1982.
NI . :OQ.-A-
\fti-ll.£~1,.,"' -~ ~
MARVIN L. PANTER, Executive Officer
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HER1.TDO -HARRISON O . 4-2
DISTRICT REORGANIZATION
(APPROi."I 11-\TE SCAL E)
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