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
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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
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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
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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
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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 $aid Section 23; thence So1.tt-JJ.erly, (l
along the West li.tie of said Section 23, being also, along tp.,e East line of Section ,,
22, of said ~t'own.sbip and .Range., to the intersection with the So~11. line of the
North Hali ,of the South.east QUaJ::ter of the Nc~rtbeast Quarf:Etx of said Section 22;
ther1ce Westo-rly, along the South line of the NOl7th Half of the SOut.h.east Quart.er
of the Northeast Qtiarter of said Section 22, to the intersect.ion with the West
li:nr: o:f tbs East &ilf of the Nbrt:h.east Quart:er of said Section 22; thence
Northerly, along the West Line of the East Half of the Northea:~~, Qua:tter of said
Secti.011 22, to the intersection with i:he Norl:h line of said Seeti6t"' 2.2; thence
Easterly along the North line of said Section 22, to the i;:oin.t of beginning ..
E'ile No. 2l. 72
Drawing NO .. 6·•A-l202
Contains 65+ Acres
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APF1ROViED •LAF CO
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MARVIN-L PANTER
Exe.cutive ()fficer
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TO C UNCIL Dl STRICT NO.-~ AS PER COUNCIL
AP DATED 10-24-7 ethihif ''5''
FILE No. 2LZ2
ANNEX o .
ACRES= <$.S:±
COUNCIL IS RICT o. _g___
OR . Y: ,<wB _
OA TE : L),ec /z'.!i:,(' ,,.. A L/ '? .,,,,., 2
SC ALE • / '':.:..:Jal:)_' 0 --~ ...... uc....,,._
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• .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 ,,
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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
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