HomeMy WebLinkAboutResolution - City Council - 82-479 - 1982-10-12• •
RESOLU'rION NO~ 82-4719
RESOLUTION INITIATING PROCEEDINGS J?OR THE
'.RJ?iORGANIZATION OF 1:rHE CITY OF FRESNO, THE
KINGS RIVER CONSERVATION DISTRICT AND THE
M.ID VALLEY FIRE PROTECTION DISTRICT, IN-
VOLVING UNINHABrrED TERRITORY DESCRIBED
HEREIN AND DESIGNATED AS THE PROPOSED
:rULAR.E-DE WITT NO. 1 DISTRICT REORGANIZA·-
TION, SETTING THE T1IME, DATE AND PLACE FOR
HEARING PROTESTS THERETO, AND GIVING NO'I'ICE
THEREOF
Ed Bielicki
WHEREAS, proceedings for a proposed r,eorganization were
commenced by the City of Fresno pursuant to its Resolution No.
82-266, adopted on June 15, 1982; and
WHEREAS, the Fresno Local Ag·ency Formation Commission on
the 25th day of August, 1982, n1et at the noticed time and place
to consider all matters relevant to the proposed reorganization
and heard all persons intere:s1ted therein, and adopted at the
time and in the form and manner prescribed by law its Resolu-
tion No. R0-82-42, "Making Determination and Approving the
Proposed Tulare-De Witt No. 1 District Reor,ganizationu, a. copy
of which is attached hereto and identified as Exhibit "An; 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 payme~nt 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 annexatii.:>n; upon completiorj,
of the reorganization proceedings for this proposal the subject
territory will be included in Municipal Bond Area 11 D11 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 initiat~d for the proposed
Tula.re-De Witt No. 1 District ReoJ:ganization as
described in Exhibit "Brr and graphically de-
picted in EJithibit "C" wherein the City of Fresno,
Page 1 of 4
•
the Mid Valley Fire Protection District and
the Kings River Conservation District are all
subject to a change of orqanizat:io:n.
2. All 0£ the subject territory affected is within
the County of Fresno ..
3. For the purpose of the proposed re<:)rganization,
the subject territory is found to be uninhabite~d.
4. The reasons for this proposed reorganization are
as follows:
a. ~rhe subject territory is within the City
of Fresnotts Sphere of Influence.
b. 'J?he owner of 24 of the 27 parcels within
the project area has consented to annexa-
tion to the City of Fresno.
c.. It is advantageous for the territory within
the Tulare-De Witt No. 1 District Reorganization
to be a part of the City of Fresno.
' 5. The condition imposed by LUCO, namely that prior to
completion of the subject district reorganization an
annexation proposal shall pe submitted to LAFCO £01:
the Mobile Home Pa:r:k to the east, was met upon initia-
tion of the proposed Tulare--Clovis No. 4-A District Re-
organization on September 28, 1982, and subseqt:tent
submis$ion of the LAFCO application to LAFCOu
6.. November 16, 1982, at the hour of 3:00 p .. m., iri the
Council Chamber, City Jt,Iall, 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 is hereby, es-
tablished as the time, date and place of hearing on
the proposed reorganization. At this time and place
any interested. person desiring to protest said re-
Page 2 of 4
• • organization 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.
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 F'resno 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 <1oor 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 co1:1tinue
to the time of said hearing.
9. The Clerk shall furthex 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, pc:>stiage 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 Ag·ency Formation Commission ..
Page 3 of 4
• •
CLERK I S CERT'IFICATION
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 1:esolu.tion was adopted oy the Council
of the City of Fresno, California, at a regular meE~ting held on
the 12th day of -·-October, 1982
Pag·e 4 of 4
APPrtOVISD AS TO FORM·
CITY ATTORNEY it S OFFICE
.OLUTION NO. R0-82-42
l. MAKING DETERMINATION AND APPROVING) .. RESOLUTION OF THE
FRESNO LOCAL AGENCY
FORMAT:CO,N C0ML\\!ISSIO?~
PROPOSED 11 TULARE-DeWIIJ:T #1 u )
2 REORGANIZATION ) ---------------------3
WHEREAS, preliminary proceedings were initiated by the City
5 of Fresno to annex te.t:ritory generally located. north of Tulare
6 Avenue and east of DeWitt Avenue to the City of Fresno and detach
''l from the Mid-Valley Fire Protection District and Kings River
8 Conservation District in the County c:f Fr.esno; and
WHEREAS, an a_pplication for sa.i..d proposal was accepbed f~or
10 filing by the Execut.i:ve Officer of this Local Agency Formation
ll Cofill.'Tdssion; and
12 WHEREAS, said application was set for hearing by the E:x:equtive
i
'
13 Officer on the 25th day of August, 1982, at the hour of 1:30 p.m.
14 of said day; and
15 WHEREAS., notice of the hearing of said application was duly
16 g.i ven by mail, posti11g, and newspaper publication as required by
l?. law; and
WHEREAS, the Executive Officer reviewed said application anc:1
19 prepared a report, including his recommendations thereon, said
20 application and report havi1'lg been prese'nted to and considered by
21 this Commission; and
22 1-'fHEREAS, this Commission considered all relevant factors and
2;; heard all interested parties wishing to speak on said application;
24 and
25 ··waEREAS, the Commission has reviewed and consider'ed the
26 information in the Negative Declaration a:s provided in the Execu~ive
27 Officer's Report duly prepared and filed by the City of Fresno ..
28 NOW, THEREFOREr BE IT RESOLVEP th:at the Local Ager:tcy Forma·tion
·; -
29 Commission of the County of Fresno does HER.EBY RESOLVE,1 DE:TERMINE.,
30 AND ORDER as follows:
31 Said proposa.l is approved subject to the terms and
32 conditions hereinafte.r specified. Any resolution of the conducting
!QIJNTY 01" FRESNO
mtsl'(O, C:ALIP'ORkJA
EXHIBIT lf]:,, rt
Pagel of 2
. . •
1. agency ordering this reorganizatj_on shall provide that such
2 reorganization shall be subject to the following terms and
3 conditions: ...
4 1.. Prior to completion of this proposal, a proposal to an11:ex
5 the mobile home pa,t:'k tq the east shall be subm:i/>}ed to LAFCO ..
6 Section 2., Said territory is found to be uninhabited and
7 is assigned the followj.ng distinctive short fc;rin designation:
8 11 Tu.lare-DeWi tt; #1 u.
....
9 Section l• The City of Fresno is designated as the conducting•·
'
10 · agency, and tha governing body of said agency is hereby directed
11 to initiate reorganj_ zation proceedings in compliance with this
12 resolution ..
13 2ection 4. Further proceedings shall be initiated by the
..
14 conducting agency not later than 35 days after i:he date of adoption .
1!5 of the Commission resolution and shall be conducted and completed.
16 pursuant to required law. Proceedings and any resolution of
17 approval. shall _comply with the Commission's resolution of approval.,
18 Section 5. The Executive Officer j,s hereby authorized and
19 directed to mail certified copies of thi.s resolution as p:covided
20 in Section 56272 of the GOvernment Code ..
21 AOOPTED
22 AYES:
23 NOES:
24 ABSENT:
25
this 25th day of August,. 1982, by the following vote:
Silva, Satterberg, HOWiird.r · Levy,i' Johnson
None
Wilder
STATE OF CALIFORNIA}
25 COUNTY OF FRESNO )
27 I., MARVIN L. PANTER .. Executive Officer of the Local Agency
Formation Commission certify that the foregoing resolution was
28 adopted by the· Fresno County Local Agency Formation Comrnis.sion.,
California, at a regular meeting held on the 25th day of August,
29 1.982.
~~:p~
MARVIN L .. i PANTER, Executive Officel:-
32
Q\lf;l"tY Of"' FRESNO
llflNO;, CAV..ll"'ORHl#I
EXHIBIT "A''
Page 2 0£ 2
7
1
.: .. • TULARE-DE WITT NO. 1
DISTRICT RE0RGANIZA1'1.0N
Area to be Detached from the Mid Valley Fire Protection Dist:rict,_ the Kings
River Conservation District and Annexed to the City of Fresno ..
Consisting of West Half of Lot 31 11 of Easterby Rancho,. lying in Section 5.,
14/21, M.D.B.&M..
BEGINNING at the Northeast corner of the South Half of tot 30 of Easterby
Rancho, as said lot is shown an the Map thereof, filed in the Office of the
County Recorder June 24, 1880 and recorded in Volume 2 of Plats at page 6,
Fresno County Records, being also, a point on the existing City Limits of
the City of Fresno; thence Southerly, along the West line of Lot: 31, of said
Easterby Rancho, being also, the East line of said Lot JO, be;Lng alsoD along
the existing City Limits of said City, to the intersection with the North
liue of the Southeast Quarter of Section 5,. 'township 14 South,. ]tange 21 East,.
Mount Diablo Base an.d Meridian, as sa:Ld Section is shown on: the United States,
Gmrernment Township Plats; the11c.e Easterly, along the North line of the South-
east Quarter of said Section 5, b.eing also,. along the existing City L:brtits of
said City, to intersection with the Southerly production of tha East line of
the We.st Half of said Lot 31; thence Nprtherly, along ·the Southe:cly production
of thei East lin.e of the West Half of said l1'ot 31 .and the East line of t.he West
Half of said Lot 31,. to the Northeast corner of t:he West Half of said Lot 31;
thencei Westerly,.. along the North line of the West:. Half of said tot ,31,. to the
Northwest co1.-ner of said Lot 31; thence Southerly,. along the West line of said
Lot 31,. being also, the East line of said Lot 30> TO THE FOIN'r ,OF BEGINNING.
i
File No. 2209
Drawing No. 6-A-1239
Contains 10.10 Acres
GBM/pt
5/27/82
Revised 8/9/82
FEG/pt
APPROVED •LAFC o
--l .. 1125 ·Id. __ _
ttATE
MAllYIN L PANTER~
Executive Officer
-
... •
..LN. UAIE W,i, f.dT 3/
---7---nr-r>1~1~:::: ::::::::::: :::: ::::: NW cor: l?T 31 ; : : : : : : : : : : : : : :.: : : : : : : : : : : ,
-:~ ::::: JJe . co~ Wj, 31
----------,: ~~~C KENZ::y > ---------I·.... . .... ,: . G.c-...-,,., : : : : :
Pt ~ l3t;J-_;_
Ne . cor, S 2 ~ ·;:50
30
,. ::.A,· ~"!,~ :::::
I·. , ... . , ... . 1:: ..
1-••• I: : : :
•:: gs,, •.....
i:: :e. NeVAOA ,: : ...
,: : S.'?0.2. r .. .
r .. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "' . -. • • • • • • • • • • • • • • • • . . . . u '. / ,. ,i::-'_.,.."2, -·: ·: ·: .·_ ·: •••••••••••••• ••••• • • • • yy ...,,."''-' (.,,(,,,I'/ .,;., . . . . .. . . .
AJ:IPROVED ~LAFCO
8 ·2t$-f¢'
DATE
MA VIN L PANTER
Elceeu ive Officer
. . . . . . . . . . . . . . : : : : 1:: : : : : .. +. · · C.;5o I .. . . . . . : : ...... :.:::_ ~--..r
:::: :: : : :e,; l'-l .. lNOIS . . . . ....
~
• :: : : l'"'::S::--:t:,02.~----.._ . . . . . . . . . . . . . . .. .
i =:1 :: : : . . . . . .
. -: :· --· ·-------. . . . . ..
tS . · .... . . . . .. . . . . .. . . . . . .. . . . . . ..
~ :: : ::: . . . . . .. . . . . . . . . . . . . . . . . . :-:--::: :: .·.· .... -.·.. . . .. . . . . . . . . . . . . . . . . . ... . . · .... ~ . . . ... .
. :-=1: ~ : : : : : : :
z:::. --n' ,, A -r: : •: • • : : • ... : : • : . : : : : : : : '. '. : : : : : : '.
r;;;,_ I v'-'~c;;;. •••• • . • .. . . • . • • • • . . • . . ...;..;;...~---~:;;;._--·•-.i.•. ---------. -. . . . .......................... .
etl.5T7Ne CITY AKe4
r----;; l ::-----:,
0 IC<> .zoo·
31
~ 70 Be OEtACJ-IEJ:J r.<~'1{ --nle MIO VAU-eY tRe l'l<Lffl=C11otV 01:fl'T"r!/cr;
7J..IE K1N<lJS K1ve;e aJl../6ef<vlr:17oAI Ot$TR.1cr, ANo ANIJexeo
73 7Ue CITY OF r!Zaf.lo.
1Ul,ARE -Cc W rrr A/0 . I o,sm,cr !?eOM:JA/J/ZtTT7oN
a:1J~5TiA}q OF II/£ WeST 1/At,r oF urr 2,/ , Or t:A'STcteESf
RA 'Cl-lo , lY1N6 1/J SecnotJ ~, 'tz, , M . o . e . ~ M
AL OCATEO TO COUNCIL DISTRICT NO. 5 AS PER COUNCIL
DIS I CT MAP 0 1.\TED I-2 2 -82
FILE No. 22.oq
ANNEX No.
ACRES= 10. lo
COUNCI DISTRICT No . -=5 __ ,
.. ..
• I ..
r
I
(. N0lffl4 ..
.. _,
..
i
I I 3
.. "' .. .. .. ..
. -"--
... . .. ... .... 1:.
I
·--·--....... ... -
" --· ◊-----·--. ---.............
Nl ..... -..n,_ ._
•---.. .....
-----..,... __
,cc --
Roa evelt
Community Plan
•
•