HomeMy WebLinkAboutResolution - City Council - 82-496 - 1982-10-26• •
RESOLUTION NO. sz .... lr,96
A RESOLUTION OF THE COUNCIL OF THE C!'I'Y OF
FRESNO, CALIFORNIA, IN THE MATTER OF THE
FOUNTAIN ... BAAWLEY NO. l DISTRICT REORGANIZATION
ORDERING A REORGANIZATION OF THE CITY OF
FRESN0 1 THE NORTH CENTRAL FIRE PROTE!CTION
DISTRICT AND THE KINGS RIVER CONSERVATION
DISTRICT.
Ed 13 1 e 1i ck i
WHEREAS,, The :Presno City Council1 pursuant to i.ts
Resolution No., 82·-64 adopted on February 9, 1982, requested the
Fresno Local Agency :E'ormation Commission to take appropriaba
proceedings for the annexation of the subject territory to
the City of Fresno; and
WHEREAS, the proposed reorganization known as Fountain-
Brawley No. 1, is described in Exhited 0 An and graphicc:tlly
depicted in Exhibit "B"; and
WHEREAS, with notice given according to law,, LAFCO met
on Au.gust 4, 1982 to hear interested persons, consider the pro-
posed reorganization, and adopted Resolution No .. RO-82-35,
11 Making Determination and Approving Proposed Fountain-Brawley
No .. 1 District Reorganization " of the City of Frraisno,, the North
Central Fire Protection District and the Kings River Con.servatior:t
District; and
WHEREAS, Resolution No. RO-82-35 authorized the Council
to conduct the proceedings for the reorganization in the
manner provided by law; and
WHEREAS, on September 21, 1982, the Council initiated pro-
ceedings for said proposed reorganization by adopting Re-
soluti0n No .. 82·-430, 0 Resolution Initiating Proceedings
for the Reorganization of the City of Fresno, the North Central
Fire Protection District and the Kings River Conservation
District O , and setting a hearing for the proposed 3:;-eorgan-
ization on October 26, 1982 at 3:00 p.m .. , i1.1 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 proposed re-
organization; and
Page 1 of 4
• •
WHEREAS, the Council conducted a hearing, at which time
they heard all persons who wished to ob:ject t.o the proposed
reorganization; and
WHEREAS, protests or objections in writing to the pro-
posed reorganization, delivered to the Clerk of the City
of Fresno before the hour set for hearing, were considered
and are on file in the off:ice of the Clerk of the City of
Fresno, County of Fresno, State of Calif<,rnia; and
WHEREAS, at said hearing and prior to consideration of
protests, LAFCO 1 s resolution making determination and appr1:iva.l
was presented and summarized to the Council; and
WHEREAS, the Council considered all factors required
by law for a proposed reorganization; and
WHEREAS, the Council determined that the proposed
re,orqanization constitutes inhabited territory as defined
by law at:ld that written protest filed and not withdravn1. re-
presented less than twenty-five percent (25.%) of the number
of landowners within all territory proposed to be annexed,
owning not more 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
WHEREAS1 the .Fresno County Assessor's 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 interest, or any other amounts which
shall become due on account of any outstanding bonded indebt-
ednes\s incurred b~1· the City prior to the effective date of
such annexation, a.nd upon completion of this reorganization
proposal, the subject territory will be inoluded in Municipal
Bond area no 1
• and will not be taxed for any existing bonded
indebtedness or contractual obligations ..
Page 2 of 4
• •
NOW, THEREFORE, BE IT RESOLVED by the Council of
the City of Fresno as follows:
1.. The Council hereby orders that the territory
referred to as Fountain-Brawley No. 1 District
Reorganization, and described in Exhibit nA•• and
graphically depicted in Exhibit "B" a·ttached
hereto be annexed to the City of Fresno and the
same territory be detached from the Kings River
Conservation District and the North Central Fire
Protection District of Fresno county.
2. The proposed reorga:nization is in the best interest
of the territory of Fountain-Brawley No. 1 District
Reorganization and lands have not been improperly
omitted from or included within this reorganization.
3. For the pu:cpose of the proposed reorganization I the
subject territory is found to be inhabited ..
4.. The reasons for this proposed reorganization a·re as
follows:
a. The subject territory is within the City
of Fresno's Sphere of Influenc.e ..
b.. Municipal services will be more efficiently
and economically provided~
c. The proposal was initiated by the City of
Fresno in keeping with Co11ncil is policy to
unify the Metropolitan area.
d.. It is advantageous for the territory within
the Fountain-Brawley No. 1 District Re-
organization to be part of the City.
5.. Before .any landowner in the area. shall be x·eguired
to extend and/or connect sewer lines, the City wi.11
begin proceedings to form. an improvement district
for such extensions and improvements. Such an
agreement shall be made available to each la11downer,
all in compliance with LAFCO's condition of approval.
Page 3 of 4
,.
" i
•
6.. This reorganization shall be completed without an
election in that the property is inhabited and
the Council finds that written protests filed and
not withdrawn represent less then twenty-·:Ei·ve
percent (25%) of the number of landowners within
all territory proposed to be annexed, owning not
more than twenty-five percent {25%) of the aissessed
value of land therein, and less than twenty-five
percent (25%) of the voting power of vote.rs entitled
to vote as a result of residing within or owning
land within such territory ..
IT IS FURTHER RESOLVED by the Council of the City of
Fresno that the Fountain-Brawley No. 1 District Reorganization
be and is hereby allocated to Council District No. 1.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA}
COUNTY OF FRESNO ) ss ..
CITY OF FRESNO )
Ir 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 26th day of October, 1982 •
APPROVEll AS TO FORM
CITY ATTORNEY'S OFFICE
'1:~
Deptffy
JACQUELINE L. RYLE
Clerk
Page 4 of 4
• FOONTAIN-BRAWLeY NO .. 1 • DISTR!CT BEORGAN:tZ'ATION'
Area to be Detached f.ront the North Central Fire Protection Oi~it:tict:, the
Kings River Conservation District1 and Anne-xed to the City of Fresno.
Consisting of Hacienda Heights No~ 2 and portions of Lot 31, 32, and 33
of tthe Winterton Tract, all lying in the southwest Quarter of Section 24 1
13/19, J:1,.0,..B. & M.
;Beginning at. the intersection of the West line of the Scn .. 11:hweat Quarter
of Section 24, Township 13 South, Range J..9 East, Mount Oiablo Base and
Meridian, as said Section is shown on the United States Gove?:tl.ment Town-
ship Plats, being also, a point on the existing C:tty Limits of the City
0£ Fresno, with the Westerly production of the Sottth line of the 1'lo:rth
Ha1f of Lot 32 of the Winterton T:t:act., as said lot is shown on the .Map
thereof, filed in the Offic_e qf the County Reco:t:der July 10,. 1905 and.
recorded in Volume 3 of Record of Surveys at Page 21, Fresno County
Records; thence Easterly, along the weste3;ly production of the South
line of the North Half of said Lot 32, and along , :the South lines of the
North Half of Lots 32 and 33, of said the Winterton Tract1 being also,
along the South boundary line of Hacienda Heights No, 2, as shown on the
~P thereof, filed i11 the office of the County Recorder June 2 7,. 1956 and
:t:ecorded in Volume 18 of Plats at Page 71, Fresno County Records, being
also, along the existi.ng City Limits of said City, to the, Southeast corner
of the North Half of said Lot 33, being also, the Southeast ~o:rner of said
Hacienda Heights No~ 2; thence Northerly, along the East line of said Lot
~33, being also, alqng the East J.ine of said Hacienda Heights No. 2, being
also, along the existing City Limits of said City, to the Southwest C(:>rner
of Lot 29 of said the Winterton Tract, being also, ~:he Northeast comer of
said Hacienda Heights No. 2; thence Westerly, along the South line of Lot
30, of said the Winterton Tract, being also 1 along the North line of said
Ha,eienda Heigh·~s No. 2, 'iJeing· also, along the existing.,City Limits of sa.id
City, to the S ... .>utheast corner of Lot 31 of said the Winterton Tract; then.ca
Northerly, along the East line of said Lot 31,. being also, along i:he e~ist-
ing City Limits of:said City, to the intersection with a line which is par-
allel with and 331..\08 feet no1~th of the south line of} said !,ot 31; thence
Westerly., along a line which is parallel with and 331~08 feet north of the
, Sout.~ line of said Lot 31, being also, along existing eity Limits ,of said
City, to the intersection with the West line of the S;:,uthwest Qu.ar·ter of ,, ..
said Section 24; thenc~ Southerly, along the West 1,ine of the Southwest
Qua;r;ter of said Section 24,to the Northeast corner of the Southeast Quarter
of the Southeast Quarter of Section 23, Town$hip 13 Sc>uth, Ri~ge 19' East,
Mount Diablo Base and Meridian, a$ said Section is shc>wn on the United States
Government Township 1?1ats, being also, a point on the existirig City Limits of
t.he City of Fresno; thence continuing, southe:t:ly, alor1.g the West line of the
Southwest Quarter of said Seotion 24, being also-, along the ensting City
Limits of said City to th~ Point of Beginning.
File No,. 2100
Drawing No. 6-A-1130
Conta:i.ns 24 .. 77 Acres
TWB/GBM/vc
12/10/81
Revis.ed
6/2/82
APPR0V£D•LAFCO
, . s..,~-lL~
DATE
MARVIN L. PANTER ..
!xecutlvt Clffic1r.
• •
DATE
e'IISTII.Ja vrrY AlfeA i~A VI L p A, T!:.
Executi\t'e Officer
B
. . . . .
A!?eA 7Z) l!;e OE.;ACl-{e.D FROM ,HE 0/ff CEiJT!<A L,. Fl~E
f'JZaTECT!OAJ 0!5TR!CT, TJ.IE. k!N(;S Krt/e/i! C<JA/-=,ef?VAT/0,V
0l~77?tcr, ANO AtJNeXEO ro 77-IE err, a= F~E.5/JO.
ADDED AOORE.55 9-/STE..M
Fa/mi 1rJ-8/?AW~eY Alo . 1 01STR1qT /eeo~ANIZ£!7oA/
HAc re. DA !-lelctl-rTS A.Jo. 2 , E!:e!Nc, At'5::J, ?bf{TloNs
OF lOT 3/ AN'O ";./f; "1~ OF ltf'TS 32 AJ..IO 33 OF
-r,.~ 1NTcnoJ -me;-,-, l.YtN~ 1AJ '5ecr 24, '¾'! .
ALLOCATED TO COU CIL DISTRICT NO. _j__ AS PER COUNCIL
TEO 10·24-78
FILE No. JOO
A EX No.
ACRES= 14.77
COU 'CIL DIST ICT o. ___,/ ____ _
I .
.. . . . . . . . . . . . ·.· . . . . .. . . .. . . . . . . . . . . . . .. . . ~· :-:• <· ..
. . . . . . . . . . . . . . . . .
•
!~: ::::
. . ....................... ., ......... . . . . . . . . . . . . . . . . . . ' . . . . . . . . . . .. . . ...... . . . . . . . . . . . . . . . . . . . . . . . . . . .
• • • • • ••••••• 4 •••••• ...... ., . . . . . . . . . . . ..........
. . . . . ' . . . . . . . . .............. . . ·r:···~ ...... ··········· ··r ·•·-1······· ................... . . . . . .. .,,,,.,--, ............................. ·:
. . ..
··() ....
•
::( C) \j
-r r< ;\
. .. . .. " . .. . .
: : ' .. . . . . . ... . . . .. . . . . •
f.,tJT 3/
u:JT3:z ldT 33
....... ....... ....... . . . . . . .
• • • 1,1 •••••••••• ....... . . . . . . . . . . . . . .
I
v!TY AREA
APPROVEO ·LAFCQ
8-i-i#
DATE
ARVI L PA, r::::t
Executive a · IC .. r
of<('!-/ Cet.JTM ,_ Fll<c
/f1v1E1<. COM 5El?VAT!ON
CrrY OF Ffi!E.5;.iO.
Ar<eA Tl) ae Oe:TACl-{e.D F/<.OM ti-IE
f'1Zorecr10AJ 01~R 1cT, me 1<1/\./ es
Ol~~ICT, ANO A!JNeXEO 10 TJ.IE
FILE Ne. 2100
Fa:/~ 1.,J-BRAWL-et Alo. I 01sm1vT ~eol?BAAI tZAT/otJ A 'NEX No.
ACRES=
~Cl E , OA HelcrHTS I.JO . .2
U) 3 / "l{E, ~
'E CT ,
E:e.!NC:l Al'50, /b,'(T!ONS
32 AJ.JO 33 OF
"Seer 24, 1¾9 .
,_}_ ~ PER COUNCIL. ..
2-4.77
COU Cl !STR ICT No. L
6-A-
•
l . M.~!NG: DETERMINATION AND APPROVI~lGl RESOLi.ITIOM OF T.BE
FRESNO LOCAL AGENCY
J:PRMATION COMMISSI0N
PROPOSED 11 FOUNTJ~IN-BRAWLEY #1 11 )
2 .. REORGANIZATION } ~
4
0
7
a
9
10
ll
12
--------------------
• WHEREAS, preliminary proceedings were initiated by the City
of Fresno to annex te~r.t'i tory generally located on the east side of
Brawley Avenue between Dakota and Shields Avenues to the City of
Fresno a11d detach from the North central Fire Protect.ion District
a,nd Kings River Conservation District in the County of Fr.esno; and
WHEREAS, an application fer said proposal was accepted for
filin~J by the Executive Officer of this Local Agency Formation
Commi~1sion; and
WHERE.&S, .said application was set fo.r hearing by the Exectttive,
13 Offi,cer on the 4th day of Augus1.:, 1982-.. at the hour of 1: 30 p ,,m.. of,
14 said dayi and
15 WHEREAS, notice of the hearing <'lf said application -was duly
16 given by m~lil, posting, and newspaper publication as required by
17 law; and
18 WHEF.EA.S, the Executive Officer reviewed said application and
19 prepared a report,. including his recommendatior.11s thereon, said
20 application and report having been presented to and considered by
21 this Ceimmis~si on; and
22 WHERE}~S, thj~s Commission considered all relevant factors and
23 beard all interested parties wishing to speak on said applicat.ion;
24 and
25 WHEREAS, the commission has reviewed and considered the
26 information in the Negative Declarat.ion as provided in the Executive,;
27 Officer I s Report duly prepared and filed by the City o.f Fresno.
NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation
29 Comnu.ssion <)f the County of Fresno does HEREBY RESOLVE, DETERMii1E,
30 AND ORDER as follows:
31 Section.l .. said proposal is approved subject to the terms and
32 condi t:ions he1:-einafter specified. Any resolution of the conducting
COUNTY 011" !l'fltQWQ
rfle5M0. CAil..lftOtUHA
i11
• •
l ager1,cy ordering this reorga.nization shall provide that. such. reor-
2 ganization shall be subject to the following terms and conditions:
3 1. Prior to completion of this proposal, the Cit~r ~;hall agree
4 that.before any landowner in the area shall be required to extend
5 and/or connect sewer lines, the City shall begin proceedings to
6 form a11 improvement district for such extensions and improvements,.
7 Such cU'l agreement shall be made available to each landowner.
8 §ection 2. Said territory is fou.nd to be u~inhabi ted and
9 j~s assigned the £9llowing distinctive short form designation:
10 uFountain-Brawley #lu.
ll Section 3. The City of Fresno is designated as the conductin1~, .
l,2 age11cy·, and the governing body of s.aid ~~gen<..-y is hereby· directed
13 to initiate reorganization proceedings in complia:r.tce with this
14 resolution.
15 g_§.ction 4. Further proceedings shall be initiated by the
16 conducting agency not later than 35 day.~; after the date of adoptio1:i. ·.
1? of thE~ . Commission resolution and shall he conducted and co:rnpleted
18 pursuant to rPquired .Law. Proceedings and any resolution of
19 approval shall comply with the Commissi(:>n' s r·esolution of approval;,
20 Section 5. The Executive Officer is hereby authQrize<.t and
21 directed to mail certified copies of this resc>lution as provided
22 in section 56272 of the Government Code ..
23, ADOPTED this 4th day of August, 1982, by th<~ following vote;
24 AYES: Wilder;•, Howard, Silva, Johnson
25 l\fOES: None
26 ABSENT: Levy
27 STATE OF CALIFORNIA)
COUNTY OF FRESNO )
28
I, MARVIN L .. PANTER, Executive Officer of the Local Agency_
29 Formation Commission certify that the foregoir.t.g resolution was··
30
51
32
<:0Ui'l1'Y OF FAlltsNO
IUESNO, CAt..U'"OANIA
adopted by the Jt.,resno County Local Agency Formation Commission,
CalifoI.·nia, at a regular meeting held on the 4th day «::>f August,
1982.
MARV:tN L .. PANTER, E:xecutj.ve Off.ii.cer
'
•
l agency ordering this re<~rganizati.on shall provide that~ such. reor ....
2 ganiz,ati.on shall be s1uJ::>j eci; to the following terms ,a.i1d condi t.ions:
;
l. Pr :i,,or to comple'l:.ion of this proposal, the City shall agree· .
~
4 l that. be·fore any landowner in the al:-ea shall be required to ext~nd
5 and/ot· cor.uiect i:t.ewer lines,. the Cit.y sha-11 begin proceedings to
6 form an improvern.ent district for such extensions and. itnprovements ..
7 such a>.1. a.g.t·eem.ent shall be made a,railable to each landowner.
e S4ection 2. Said terri to. ry is :f:ound to bie unir.thabi ted and ___.~~ ....
9 is assigned this following distincti v·e short f,:,rm designation:
10 n Fotu1t.::~in-Brawl ey #1" •
ll gction 3 .. ii The City of Fre~;no is designated as the conducting. 1
12 agency, an.d the govern.ing body of s.aid agency is he.1deby dtrected
13 to ini t.iate r·eorganization proceedings in compliance with this
14 resolution ..
15 Section:.._i.. Further proceedings sh~ll be initiated by ·the
16 conducti,ng agency' not late.r than 35 days aft.er the date of adoption
17 of the Commission resolution and shall be conducted and completed
18 pursuant to recrui.t:ed law. Proceedings and any resolut:t.on of
19 approval shall colttiply with the Commission• s resolution of approval ..
20 §.~_Q.11. 5.. The Executive Officer is hereby authorized and
21 directed to mail certified copies of this resolution as provided
22 in Section 56272 c,f the Government Code ..
23 ADOP~rED this 4th day of August, 1982, by the following vote:
24 AYES: Wilde.t·, Howard, Silva, Johnson
25i NOES: None
2t5 ABSENT: Levy
zrt STA:L'E OJI' CALIZORNI.ii~)
. : COUNTY OP FRESNO )
28
3<)
31.
l1''1 01W F!llUMO
¥110. ¢Al.,tfi'O~NJA
I, MARVIN L .. PANTER, Executive Officer of the Local Agency
Formation Co1nrniss i<~n certify that the foregoi11g resol1.ition was
adopted by the Fresno County Local Agency Fonnation Cc)mmission,
California, at a regular meeting held on the 4th day of August,
1982 ..
MARVIN L. PANTER, E~:ecutiVE~ Officer
w
W ASt.._A"
FOUNTAIN BRAW Y NO. 1
DISTRICT REOa ANIZATION
w
(APPROXIMATE SCALE}
W CLINTON
W Me IEY
W OUVf
w T
p ft
!
I
z
1/) i ◄ i %
z z 'll
.......... ----· ... , ,_, ..,, .............. ., •• ,.., t ...... , .... , ... ..
.. ~" .................... --~-................ ~ .eit1 .... .. --,. -...._.,, --~. ,_ --..... ·-----............... .. ·--.... , ...... ~·· " .................... _ ........ ..,. ••ttat • t t • ..e •--0 ,9 ,__._...~•II J I ._ 'J ....... ,,_u
,el,.__
Of 111• -4-;1
~ e ,,o 1g/1-Roedi11
Co11111, 1nlty Pl 11
-~=-~=~;.L:._.~;...... . .;,..... .. .._..;=-. ...... a_;; ...
l i I z ,t ¥
Lf(JENQ
• ma □-.. . C)lN ...... ,
c--•-• ..........
Cl•----•••• -----··
◄ 2
z
n,w. 5 t'11ill/JII ................. ...... , ......... . ---------. --. , ...... .. """'---................ <>--' .. .... ,. ..... .. ·--.... . ........
i
z
If[■ lltM4
□--. -·--.. __
--· -0000 -..._,_,., -------. ·-
•
"""
Mc ICfHllf •
i I f TUUAE
z
TOH a.VI)
f ---
-