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HomeMy WebLinkAboutResolution - City Council - 82-498 - 1982-10-26RESOLUTION NO. 82 --498 . A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, IN THE MATTER OF THE ASHLJlli .... COENELIA NO.. 3 DISTRICT REORGANIZATION ORDERING A REORGANIZA- TION.OF THE CITY OF FRESNO, THE NORTH CENTRAL FIRE PROTECTION DISTRICT AND THE KINGS RIVER CONSERVATION DISTRICT. WHEREAS 1 the Council of the City of Fresno, pursuant to its Resolution cf Application No .. 82-20 adopted on January 5, 1982, requested the Fresno Local Agency For- mation Commission to take appropriate proceedings for the annexation of the subject territory to the City of Fresno; and WHEREAS, the proposed reorganization known as Ashlan- Cornelia No. 3 Distl:ict Reorganization is described in Exhibit "A." and graphically depicted in Exhibit "Bn; and WHEREAS, with notice given according to law, LAFCO met on August 4, 1982 to hear interested persons and consider Ed Bielicki the proposed reorganization; and adopted Resolution No. RO-82-33 11 Making Determination and Approving Propc,sed Ashlan-Cornelia No. 3, District Reorganization" of the Ci.ty of Fresno, the North Central Fire Protection District and the Kings River Conservation District; and WHEREAS, LAFCO Resolution No. R0-82-33 authorized the Council to conduct the proceedings for the reorgaaization in the manner provided by law; and WHEREAS, on September 21, 1982 the Cc1uncil i1titiated proceedings for the proposed reorganization by adopting Re- solution No. 82-432, nResolution initiating proceedings for the reorganization of the City of Fresno, the North Central Fire Protection District and the Kings River Conservation Dis- trict", and set a hearing on the p:toposed reorganization for October 26, 1982 at 3:00 p.m .. , in the Council Chan'l.bers; and WHEREAS, the Council gave the required notice of the time and pla<:.!e for hearing objections to the proposed reorganiza- tion; and Page 1 of 4 • • WHEREAS, the Council conducted a hearing, at which time all persons who wished to object to the proposed reorganization were heard; and WHEREAS, written protests or objections to the pro- posed re;organiz~tion, delivered to the Clerk of the City of Fresno before the hour set for hearing, were considered and are on file in the office of the Clerk of the City of Fresno, County of Fresno, State of California; and WHEREAS,. at said hearing and prior to consid.eration of px·otests, LAFCO' s resolution making determination and approval was presented to the Council and sum.mariz,ed; and WHEREAS, the Council considered all factors required by law for a reorganization; and WH:EREASir the Council determined that the territory to be reorganized is uninhabited and that written protests filed and not withdrawn represented less than fifty per- cent (SO%) of the assessed value of land therein; and WHEREASr 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 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 indebtedness incurred by the City prior to the effective date of such annexation, and upon completion of this reorganization pro- posal, the subject territory will be included in Mtt.'1.icipal Bond Area nnn and will not be taxed for any existing bonded indebtedness or contractual obligations; and WHEREAS, pursuant to Fresno Muni<:~ipal Code Section 2- 208, the subject territory is allocated to Council District No .. 2 .. 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 Ashlan-Cornelia No~ 3 District Page 2 of 4 .· --. I •• . . • • Reorganization and described in Exhibits "A 0 and "B"r attached hereto, be annexed to the City of Fresno, and the same territory be.detached from the Kings River Conservation District and the North Central Fi:re Protection District of Fresno County. 2., This reorganization is in the best interest of the terri to:r:y of lishlan-Cornelia No" 3 District Re- organization, and lands have not be~en improperly omitted from or included within thj.s reorganization~ 3. The reasons for this reorganization are: a. The subject territory is within the City of Fresno's Sphere of Influence. b.. The subject territory has been processed at the request of the property owners of two parcels within the project area. c. It is advantageous for the territory within the Ashlan-Cornelia No. 3 District Reorganiza- tion to be a part of the City of Fresno .. 4-LAFGO's conditionally approved Ashlan-Cornelia No. 3, where LAFCO' s conditio,n stipulates: 0 Prior to the completion of the annexation all landowners or developers of parcels which are undeveloped shall enter into an agreement with the Central Unified School District for the provision c>f school facilities. n City staff is in-t;restigating and pursuing methods for compliance of this condition .. IT IS FUR'I1HER RESOLVED by the Council of the City of Fresno that the Ashlan-Cornelia No. 3 District Reorganization be and is hereby allocated to Council District No. 2. Page 3 of 4 " '. t • t • • 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 C.it:.t of Fresno, California, at a regular meeting held on the 26th day of October, 1982 .. JACQUELINE L. RYLE City Clerk Page 4 of 4 APPROVID AS TO Poma· CITY ATTORNEY'S Oi4"FICE t ., ' • .. • ASH!AN-CORNELIA NO.. 3 DISTRICT ~~NIZATION Area to be teta.cbed fratt the North Central Fi.i-e J?ro·tection Oistrict, the Kings Ri'-i1e:l::-CCnservation District, and Annexed tQ the City of F:t·esno .. consisting of a portion of the East Half of the .Northeast Qt.latter of Section. 22, 13/19, an(i a portion of the Northwest QuartP.x of Section 23, l:3/19, M.D.B .. &M. Beginnin<J at the Soutb:wes·t corner of Sect.ion 14, ToWnship l.3 south,' Renge l9 ,] East, M:nmt Diablo :ease <Sll'ld MeJ:;idian, as said Sectior1 is sllCW'n on the· UniteCi Sta:tes G:~t Township Plats, being alsct, a point on tiie e..usting City IJ.mits cf the Clty of l:~ssno;. tllenc.e. Easterly, along the South line c1f said Section 14, be'L.-ig als:o, along the ~ting City Limits of said ci .. ty, to the intersection w:i.tb. the East line of the Northwest Quarter of the· No~.st Q~...er of the Nort.~st Qii.Jal:'t:P..r of Sectioi1 23, of said Township and I-?ange; thence Southerly, along the Ea,st line c,f the North.West. Q,:iarter c,f the No~st Quarter of the Northwest · 1 Quai:ter of said Se:~on 23jt i::o the in~ection with the &out:h. line of tJ:le NOrth Hal.£ of ti.I:! Nbl:'tbiiest Quari:eJ~ of the Northmst Quarter of the Nortmv-est Quarter of said Sect.i.<:)rt 23; t:hence ~st.E~l:.Y r along the South line of tne· North Half of · tile Nol.""f:i'lwest Quarter of the Nort:hwest Quarter, ,of the NOrt..liwest Quarter of said Section 23, to the i.nte,:$Eiction with ~t-ie West line of $aid Section 23; thence So1.tt-JJ.erly, (l along the West li.tie of said Section 23, being also, along tp.,e East line of Section ,, 22, of said ~t'own.sbip and .Range., to the intersection with the So~11. line of the North Hali ,of the South.east QUaJ::ter of the Nc~rtbeast Quarf:Etx of said Section 22; ther1ce Westo-rly, along the South line of the NOl7th Half of the SOut.h.east Quart.er of the Northeast Qtiarter of said Section 22, to the intersect.ion with the West li:nr: o:f tbs East &ilf of the Nbrt:h.east Quart:er of said Section 22; thence Northerly, along the West Line of the East Half of the Northea:~~, Qua:tter of said Secti.011 22, to the intersection with i:he Norl:h line of said Seeti6t"' 2.2; thence Easterly along the North line of said Section 22, to the i;:oin.t of beginning .. E'ile No. 2l. 72 Drawing NO .. 6·•A-l202 Contains 65+ Acres T.MB/lt-- 12/16/81 APF1ROViED •LAF CO -• $: ~'i~~.3.4 O¼ $ A D,\.TE MARVIN-L PANTER Exe.cutive ()fficer ,, . . . . . . . . . . .. .. . • • ♦ •••• . . . . . " . . .. . . . . . . . . .. . . . . . . .. . . . . . . . . . . • • • • • ♦• • tz-o~ L34G,. SW' t:"oA't. Sier. /-f!, ~, • ♦ •••••• ., .......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . • • • • • • • • • • • • ♦ ...................... . . . . . . . . . . . . . . . . .. .. . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . .... ~ .............. . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . ~ .. . PPROVED·LAFCO 8-~1-3;;.. DTE N\ARVIN L PA T R Execut ive Of icer - -L ~ G END -""--' w. Ljt4A,.,.t:>z:ct AfCcr CxtST/.iVG C /ry ,,4,e.e;A 7 [ -- EJ . . ./lR£A ro ~~..DLr4c#~.O ~~cJ/14 TN..4"~,E>rAr' C.1!'NT,,,.t;?A.c. ~.e p~ 0 .r~ Cr/ a,// -2? /.ST,,-€'/ C ~ r.A-'~ ~...¥ c:;...s-.,,f' / ~ Co,,,,v ..S £~ V.J .r;,r :.,,,t/ ,.0 / S 77e / C ~ A/YP .,4 A'.#'.d!"'X4.:? ~ T_,,,,,,L C / ry c:, ~ ~£$"...Y ~ ....-4 oJt:>-4:,,,0 --4°~.P,,e,.,L,."'CS ...:SYS r~ _,.¢.s/2/~A.N-Co.-"?H~~/A /f/S!.. 3 .,ZJ/..$' r~/CT ReoRGA/V/ZA r/oA✓ PoR?'l~~,,y 17~ r,,,r;& .C: Y...z t:::,,I" r,,,y~ /Ye~ 0/ S1::c .,r/'7A' .22/ "'-3//.P/ A#P A ~A??'/~#' o,,,,.:-r,,.,,.,4 #)P' ¼ ti'_,. .S'.d:Cr/a,,,y .2..3,, /~/~ -4-/. .0. ..8. ~ ~ TO C UNCIL Dl STRICT NO.-~ AS PER COUNCIL AP DATED 10-24-7 ethihif ''5'' FILE No. 2LZ2 ANNEX o . ACRES= <$.S:± COUNCIL IS RICT o. _g___ OR . Y: ,<wB _ OA TE : L),ec /z'.!i:,(' ,,.. A L/ '? .,,,,., 2 SC ALE • / '':.:..:Jal:)_' 0 --~ ...... uc....,,._ •• • .OLUT!ON NO .. R0-82-33 l MAKING DETERMINATION AND APPROVING) PROPOSED stASHL.AN--i-CORNELIA' #3 11 . ) 2 • REORGAN!ZA'I'ION } RESOLUTION OF THE Ji'REEINO .. LOCAL AGENcY ]'OR.NATION COMMISSION·· 4 WHEREAS, preliminary proceedings werts initiated by the City cf:. , 5 Fresno to annex territory generally located west of Cornelia·Avenue 6 between Ashlztn and Dakota Avenues to the City· of Fresno and detach ' 7 from the North Central Fire Protection District and Kings River 8 Conservation District in the County of Fresno: and 9 WHEREAS, an application for said proposal w,as accepted for • l.O filing by the Executive Officer of"this Local Ag,ency Formati.on l.l Commission; and 12 WHEREAS, sa.id application was set. for bearing by the Execu.tive .· l3 Offic~~r on the 4th day of August, 1982, at the hour of l: 30 p.m. of 14 said day; and 15 WHEREAS, notice of the hearing of said application was duly 16 given by mail, po.sting, and newspaper publication as required by l JI. 7 law; an.d WHEREAS, the E!xecuti ve Officer 1 :reviewed said .applicatiotll and 19 prepared a report, incl udin.g his re<:!ommendations thereon, sal d 20 application and report having been presented tc) and considered by 21 this Conunission; and WHEREAS, this Commission considered all relevant factors and 2:; heard all interested pia,rties wishing to speak on said application: 24 and WHEREAS, the Conun~Lssio:n has reviewed and considered the 26 information in the Negative Declaration as provided in the Execu·civE~. 2''/ Officer' s Report duly prepared and filed by the City of Fresno.. , NOW I THEREFORE, Bl': IT RESOLVED that the Local Agency Format;lon . 2S~ Commission of the County of Fresno does EtREBY RESOLVE, DETERMIN:E't.,, 3C) ):,.ND ORDER as follows: 3l Section J~. Said propc)sal is a.pp.roved subject to the terms and 3.E~ conditions hereinafter specif'i.ed. .'Ar.iy resolution of the cond11cting C•mJNTY OF rRESNC F'JftllSHO. CAt.JfL"OIINIA i ' 1 , I ,, • • ., l agency ordering this reorganization shall provi.d1e that such reor- 2 ganization shall be subjec·t to the~ following terms and conciitions~: 1. l?rior to completion of t;?:~e a.nnexatiora, all landowne.t~-s or 4t deve-1-oper.s of parcels which are m:1developed shall enter into an 5 agreement with the Central Unified Schoo.l Di.strict for the pro- 6 visiotl of school facilities. 7 Sec~.on 2. Said territory is found to be uninhabited ac~ 8 i.s assigne!d the following distinctive short form designation: 11 9 "Ashlan-Cornelia #3 11 • 10 ~.on 3. The City of Fresno is designated a.s the conductir.;1.g ll agency, ar.1;d the governing body of said agency is hereby directed 12 to initiate reorganization proceedings in compliancf;e with this ; 13 resolution_ 14 Sec:t;ion 4. ?uJ:ther proceedings shall be initiated by the 15 conducting agency not later than 35 days after the da.te of adoption 16 of the Commission resoluti1on and shall be conducted and completed l? pursuant to required law. Proceedings and any resolution of 18 approval shall comply with the Commission's resolution of appt~ova.l. 19 ~tion j_.. The Executive Officer is hereby authori.zed a.nd · ,' 20 directed to mail certified copies of this resolution as provided, 21 in section 5627,;a of the Govet"lunent Code. 22 23 24 25 ADOPTED thj.s 4th day of August, 1982, by· the following vt:~te~: AYES: Wj_ lder, Howard, Silva NOES: Johnson ABSENT: Levy 26 STATE OF CALIFORNIA) COUNTY OF FRESNO ) 27 I, MARVIN t. PANTER, Executive Officer of the Local Agency 28 Forma.tiori Commission certify that the foregoin.g resolution was adopted by the Fresno county Local Agency :Forrnat.io.n Coni.mission, 29 Califorrd.a., at a regular meeting held on the 4th day of August~, 1982. 30 31 32 COUPlTY C!P FA'aNO IU!!'!t.:•O, CA~IFOfllNIA M..ARVIN L .. PANTER,, Executive Offi.<:e.r W Tf W A Ht AII PROPOSED 0 11 OTA ASHLAN-CORNELIA NO. 3 DISTRICT CLI NT !::. ... W Mc KIN £Y OII VE .,, LMOHT SP!lR ~---.,_··-··-··-··-II HZI .. ! ::; "' "' ~ "' ... "" "" 1 ... ~ ~ ~ ► .. ~ :3 i % Ill li • ,.. z z. z ~ 2! z ;z z z TON VO ........... no Hlgh-Raeding 0 0 0 0 ---... ,, ... , === Community Plan