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HomeMy WebLinkAboutResolution - City Council - 82-483 - 1982-10-12• • RESOLUTION NO. 12-483 RESOLUTION INITIATING PROCEEDINGS FOR THE REORGANIZATION 0]' THE CITY OF FRESNO, THE KINGS RIVER CONSERVATION DISTRICT AND THE MID VALLEY FIRE PROTECTION DISTRICT, IN- VOLVING UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED AS THE PROPOSED Hl-1:i.RVEY-WINERY NO. 3 DISTRIC'.l: REORGANIZA- Tl:ON, SETTING THE TIME, DATE AND PLACE FOR HEARING PROTESTS THERETO, AND GIVING NOTICE THEREOF Ed Bielicki WHEREAS, proceedings for a proposed reorganization were commenced by the City of Fresno pursuant to its Resolution No. 82-270, adopted on June 15, 1982; and WHEREAS, the Fresno Local Agency F,ormation Co1nmission on the 25th day of August, 1982, met at the noticed time and place to consider all matters relevant to the proposed reorganization and heard all persons interested therein, and adoptedat the time and in the form and manner prescribed by law its Resolu- tion No. RO-82-43, "Making Determination and Approving the Proposed Harvey-Winery No. 3 District Reorganization", a copy of which is attached hereto and identified as Exhibit "A 11 ; and WHEREAS, the F1c:-esno 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 bec.ome due 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 subject territory will be included in Municipal Bond Area "D" and wi.11 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 initiated for the proposed Harvey-Winery No .. 3 District Reorganization as described in Exhibit "B" and graphically de- picted in Exhibit "C'" wherein the City of Fresno, Page 1 of 3 ?-- • • the 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 proposal was initiated by the City of Fresno in accordance with the Council's policy to unify the metropolitan area. The subject territory also includes one verbal request for annexation and two parcels whose territory is subject to a contract wherein property owners have agreed to consent to annex- ation to the City of Fresno in exchange for tht1 City's agreement to extend municipal water ser,.,. vices to the property. c. It is advantageous. for the territory within the Harvey-Winery No. 3 District Reorganization to be a part of the City of Fresno. 5. November 16, 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 sixt11 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- organization shall do so by written connnunication filed with the Clerk of the City of Fresno not later than the hour set for heal·ing. · Written protests shall be signed and submitted after the adoption of this resolution and shall contain the date of ~3ignature .. 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. '.rhe 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 12th day of October, 1982 .. JACQUELINE L. RYLE City Clerk .,,,.,,--.,.r~------u, APPROVED AS TO PO'Mt . · .,,,,, ... " .... ~•"'·- ffli Affll'iNE"l' S OFFICE .. \ \ 1 •• .OLTJTIO& NC>.. R0-82-43 . i ~..KING. DE,TE:RMINATIO'.N. MD ·J\PP.:RQV'.]:ijq): ·· RESOLUTION OF THE FRESNO LOCAL AGENcY F01Rb'.ATION COMMISSION PROPOSED nHARVEY-WINERY #3 11 ) 2 . REORGANIZA'!IIO!i ) 3 4 _wr-IEREAS, prelimina.r-y proceedings were initiated by the City 5 of Fresn<~ to anp.ex terr~ tory generally located west of Winery 6 Avenue ,aJnd south of Harvey Avenue to the City of Fresno and detach ~ from the Mid-Valley Fire Protection District ~nd Kings River 8 Conservat.ion District in the co.unty of Fresno; and 9 WHEREAS, an ~pplication for said proposal was accepted for 10 filing by the Executive Officer of this Local Agency Fo:tmation 111 Com..'tt.ission; and 12 WHEREAS, said application was set for hearing by the Executive 13 Officer on the 25th day of August,. 19 82:, at the hour of l: 30 p .m. "' 14 of said day; arid 15 WHEREAS, notice of the hearing of said appJ.icatiort was duly 16 given by mail, posting, a.nd newspaper J;,ublication as requi.red by. 1.7 law; and 18 WHEREAS, the Executive Officer reviewed said application and 19 prepared a report, including his reconu:nendations thereon, said 20 application and report having been pre:~ented to and coi'lsidered b¥ 21 this Commission; and 22 WHEREAS, thi.s Commission consider~vd ~ll relevant factors anci 23 heard all interested parties wishing to s~eak on said application; 24. and 25 ·wI-IEREAS, the Commission has reviewed, and considered. the 26 information in the Negat:Lve Declaration as provided in the Executive; " I 27 Offic1~r• s Report duly p1."epared and filed by the City of ~·t,:t-esno. j 28 I NOW, THEREFORE, BE IT RESOLVED that the I.iocal Agency For1natio1 I) 'i 29 Commiss:i.on of the CoUJrJ.ty of J511resno does BEREB1' RESOLVE, DETERMINE:,/ 30 AND ORDJt:R as fol lows : 31 Secti<:>n 1. Said proposal is approved.. Any resolution 0£ tbe ;52 conducting agency orde~ring this reorganization shall provide thai; COUl>ITV OF ,.RESNO i'f.:IUJ,fC, l;:Al.ifl'Cl'IW.fA • l such reorg-anizat.i,on ;shall not be subject to any terms and . 2 conditions ... 3 .§_ect,~o:q 2. .said te1. .. ri tory is found to be un.inhabi ted and 4 is a~signed the fallowing distinctive short form designation: 5 "Harvey-Winery #3 11 .. 6 Section 3. The City of Fresno is designated as the conducting 7 agency, and the govE~rning· body of said agency is he:r;eby dire<::ted 8 to initiate reorganization proceed.ings in cotnpliancE~ with this 91 resolution. 10 Section 4. Further proceedings s'h?tll be initiiated by the 11, conducti.ng agency n.1:>t later than 35 days after the date of adoption l~a of tlie Commission resolution and shall be conducted and complei;ed 1 ~ · d l _-..} pursuani: to require · aw .. Proceedings and any resolution of 14 approval shall comply w:L th the Commission• s resolution of approval. 15 ~gj=1.Q~-The Executive Officer is hereby authorized and l.6 directed to mail certified copies of thj.s resolution. as provided . l7 in Section 56272 of the; Government Code .. · 18 19 20 21 22 ADOPTED this 25th day of August, 1982, by the following vote: "" . AYES: Silva., Satterberg, F!oward., Levy, Johnson NOES: None ABSENT: Wilder STATE OF CALIFORNIA) 23 COUNTY OF FRESNO ) 24 25 26 27 28 29 30 31 32 ~OUMTY 011' FRESNO fl'IIIIUNO. CA1'.IFOR11t1A I, .MARVIN L. PANTER,, Executive Officer of the Local Agel'lCY Forrnatiori. Commission certify that the foregoing resolution was adopted by the Fresno County Local Agency Fomcation. Corn:mission, California, at a regular rneeting held 01'1 the 25th day of Augu.st, ·. 1982., ~£-P~ MARVIN L. PA.NT.ER, E.xecuti ve Officer;' l such reo.t"ga.nization -shall not be subject to any terms and • Sect~:p. 2. SaJLd territory :i..s found to be w1inhabited anc;i 4 is a~signed the fol:Lowi;ng distinctive short form designation: 5 "Harvey-Winery #3" • 6 .§.~ction 3.. The City of Fre:sno is desj,gnated. as the conducting 7 agency, and the governing body of said agency is hereby directed 8 to initiate reorganization proceieclings in c:omplia1ice with this 9 resolut.ion ... 10 §.!.S:tigp 4. Further prc::>ceed:J .. ngs shall be j.ni 1:iated by the ll conduct::i.ng agency nc:,t later than · 35 da1rs after the date of ad.opt:Loi:1, I· i 12 of tlie Comnissi~:>n r•2solution and shall 'be conducted and cc:>1nplete<1 l:S pursuant to reqaired law.. Proceeclin,gs and any resolution of 14 approval shal.l comply with the Commission 1 s resolution of appr,ova,l. I 15 Section_§,. ThE! Executive Officer is hereby authoriZE:d and l6 direc:ted to mail ctartified copies of this resolution as provid~~d · J .. 7 in section 56272 0£ the~: Government Code .. lS 19 20 21 22 ADOPTEI). this 25th day of August, 1982, by the following vote: -AYES: Silva, SatterbeJ::-g, Howard, Levy, Johnson NOES: None ABSENT: Wilder STATE OF CALIFORNIA) 23 COUNTY OF FE~ESNO ) 24 I, MAR"'lIN L. PANTER, E~tecutive Officer of the Local Agency , Formation C<:>nunission certify that the foregoing resolution was 25 adopted by the Fres1:io County Local AgerJ.cy Formation Connn.ission, · California, at a regular meeting held on the 25th day, of 1!J.ugust:r 26 1982 .. 2/'l 28 29 30 31 32 MTYOF"f'.SNO !U~ <:AL.tffCJIINIA ~~~ MARVIN L .. PAN'l'ER,. Executive Office.x.·· HARVEY-WINERY NO. 3 DISTRICT Rl~ORGANIZATION • Area to be .·Detached frc1m :the Mid Valley Fire Protection ·Disu:rict: ·and the ··Kings River Conservation District and Annexed to the City of Fresno .. Consisting of Lot 5 and portions of Lot 6, in Block 3,. all of Belmont Gardens, l:ying in Section 3ljl 13/21 M.D.B.&M. BEGINNING at the Northeast corner of the Southwest Quarter of the Southwest Quarter of Section 31, Township 13 South, Range 21 South, Mount Diablo Base and Meridian,. as said Section is shown on the United States Gov-ernment Township Plats,. being also, a point on the existing City Limits of the City of Fresno; thence Westerly, along the North line of the Southwest Quarter of the Southwest Quarter of sa;id Sectioti 31, a distance of 150 .. 91 feet, being also,, along the existing City Limits of said City, to the intersection with the Northerly production of the West line .. of Lot 5, in Block 3, of Belmont Gardens, as said lot is ahow-n on. the Map thereof, filed in the Office of the County Recorder June 4, 1936 and recorded in Volume ll of J?lat:s at. Page 39, Fresno County Records; thence Southerly i .a.long the Northerly~ production of the West line of said Lot 5, in Block 3 and along the West :tl.ne of· said Lot 5~ in Block 3, being also,.· along the existing City Limit:s of said O;tty, to the Southwest corner o:E said Lot 5, in Block 3; thence conti.tu.1ing Southerly, along the West line of Lot 6 of said Belmont Gardens, to the·. intersection with .a. line which is parallel with and 108. 00 feet. South of the North line of said Lot 6 ,. in Block. 3; then ct~ Easterly,, along a line which is parallel with and 108 .. 00 feet South of the North line of saia Lot 6,, in Block 3, and a.long its Easterly produc- tion to the intersection with the East line .of the Southwest Quarter of the South- west Quarter of said Section 31~ being also~ parallel. with and .30~00 fee~t East of the East line of said Lot 6; thence Northerly~ along the East line of the South· ... west Quart.er of the Southwest Q.l,Jar.ter of said Section J:t,, to the POINT CtF .BEGINNING"' File Nou 2205 Drawing No. 6-A-1235 Contains 1. 5 2 Ac1ces GJ3M/pt 5/19/82 iO.PPIFHlVED ii-LAFCQ ,=l:~,:8-2. ·-DATE . M.ARVII~ L. PANTER Exea1tive Officer .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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