HomeMy WebLinkAboutResolution - City Council - 82-520 - 1982-11-09•
RESOLUTION NO. 82 ... 520
RESOLUTION INITIATING PROCEEDINGS ]'OR THE
REORGANIZATION OF THE CITY OF FRESNO, TE[E
KINGS RIVER CONSERVATION DISTRICT Z~ND THE
MID VALLEY FIRE PROTECTION DISTRICT, IN-·
VOLVING UNINHABITED TERRITORY DESCRIBED
HEREIN AND DESIGNATED AS THE PROPOSED
Hl\.RVEY-PEACH NO. 2 DISTRICT REORGANIZA-
TION, SETTING THE 'I'IME, DATE AND l?LACE FOR
HEARING PROTESTS THERETO, AND GIVJ:NG N01J2fICE
THEREOF
WHEREAS, proceedings for a proposed reorganization were
commenced by the City of Fresno pursuant to its Resolution No.
82-290, adopted on June 29, 1982; and
WHEREAS, the Fresno Local Agency Formation Commission on
Ed Bielicki
the 22nd day of September 1982, met at the noticed time and place
to consider all matters relevant to the proposed reorganization
and heard all persons interested therein, and adopted at the
time and in the form and manner prescribed by law its Resolu-
tion No .. RO-82-52, "Iv.iaking Determination and Approving the
Proposed Harvey--Peach No. 2 District Reorganizatio:nn, a copy
of which is attached hereto and identified as Exhibit "A 0 ; 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 territo.ry 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 become due
on account of any outstanding bonded indebtedness incurred by the
City prior to the effective date of such ann.exatic:.u1; upon completion
of the reorsranization proceedings for this proposal the subject
territory will be included in Municipal Bond Area "Dn 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 initiated for the proposed
Harvey-Peach No.·2 District Reorganization as
described in Exhibit "B" and graphicall:~t 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
stibj ect 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 p1toposed reorganization are
as follows:
a. The subject territory is within the City
of Fresno's Sphere of Influence.
b. This project was initiated as a result
of a request f.or annexation from one of
the property owners within the project area.
c. It is advantageous for the territory within
the Harvey-Peach No. 2 District Reorganizatio:n
to be a part of the City of Fresno.,
5.. December 14, 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 sixty days afteJ::-the
date of adoption of this resolution is hereby es-
tablished as the time, date and place of hearing on
the proposed reorga.nization. At this time and place
any interested person desiring to protest said re-
organization shall do so by written communication
filed with the Clerk of the City o:f Fresno not later
than the hour set :Eor hearing. Written protests shall
be signed and submitted after the adoption of this
resolution and shall contain the date of sigr1ature.
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 F~:esno 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. The 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-
guest for special notice. Such mailings shall be by
first class mail, postage prepaid, at least fifteen
days prior to the day specified herein for hlearing ..
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 ) s s •
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 o:E Fresno, California, at a regular meeting helq. on
the 9th day of November, 1982 •
of 3
l that such reorganization shall not be subject t<:> any terms an.d
2 c1:>nditions.
3 section 2. Said tE!rritory is found to be uninhabited anc1
4 is assigned the following distinctive short form designation:
5 "Harvey-Peach #2° •
6 .§ection 3·. The City of Fresno is designated as the conducting
7 agency, and the governing body o.f said agency is het·eby dix:•ected
8 to initi.ate reorganization proceedi:n.gs in compliai1.ce wii:.h this
9 rE~sol ution.
10 SectioJLi.. Furthe.t· proceedings shall. be initiated by the
ll conducting agency ncrt l~Lter than 35 days aft.er the date of adoption
12 of the Corn.mission resolution and shall be t:?onducted and compl~ted •
l:S pursuant to required law. Proceedings and .any resolution o;E
14 approval shall comply with the Cornm:JLssion 1 s resolution of ~1;.proval ...
15 ~ctigjU. !a· The Executive Offi(~er .is hereby authorized· ar.td
16 directed to rna.il certif :i.ed copies of: this i~esolui:ion as proirid~~d
17 in Section 56272 of the Government Code.
18 AOOP'rl~D this 22nd clay of September, 1982, by the followin~J
19 vote:
20
21
22
23
AYES: HC:>Ward, Levy, Silva, Wilder
NC>ES:: None
ABSENT: ~JohnS;On
S'I'ATE OF CALIFORNIA)
24 COUNTY OF FRESNO )
25 I~. MARVIN L. PAlqTER, Executive Officer of the Local Agen(~]'
Fo1"1nati.on coinmission certij:y that th~~ foregc:,ing resolution was .
26 adopted by the Fresno County· Local A~;ency Formation Commission,
California, at a 1:·eg,1lar met~ting held on th~~ 22na day of September.,
27 1982.
28 ~w~
29 MARVIN L. l?..AAPI1ER, Executive Offi.c~r
30
31.
32
. cou,.,r"t ~ fllUUNCl
#fllQ.M~. ~#\it.lflORNIA
•
l MAKING DETERMINATION AND APPROVING)
PROPOSED u HARVE:t-l?EACH # 2 11 )
2 REORGANIZATION }
RESOLUTION OF THE
FR.'ESNO LOCAL AGENCY
FOAA.ATION COMMISSION
WHEREAS., preliminary proceedings were initiated by tl1e Cit~r
,jl,
3
4
5
6
7
of Fresno to annex territory generallY' located east of Peach Avenue
between Hc~rvey and Turner Avenues to the City of Fresno and de'tach •1
from the Mid-Valley Fire Protection District and I<ings River
8/ Conservation Pisitrict in the County of Fresno: and
9 WHEREAS, an application. for saic1 proposal was accepted £or
10 filing by the E~e-cuti ve Officer of thjLs Local Agen(:y Formation
ll Commissi(:>rJ.; al'ld
12 WHEREAS, s2Lid ·application was set~ for hearing by the Execut~:Lve •
13 Officer on the ~t2nd day of September, 1982, at the hour of l: 3.0 p .m
14 on s.aid day; and
15 W:HEREA.5, notice of the hea.t·ing of s•aid. application was duly
16 given by mail, :r;,(:>sting ~ c,nd newspaper publicatic>n as requi .. red by·
l'i' law; and
18 WHEREAS, the Execut.i ve Officer reviewed said application. a.nd
19 prepared a re~port, including his recc,mmendations thereon, said
20 application ~~nd report having been pt·esented to and considered by
:al this Commission: and
22 WHEREAS,. this Commi.ss.j.on considered all relevant factors .amd
23 heard all interested. _parties wishing to speak on said ap:plicat1on}
24 and
25 WHEREAS, the Commission has reviewed and considered the
26 information :in the Negative Declaration as provided in the Exeeutiv
27 Officer• s; Report duly pJ:epared and fi.l~~d by the City of Fresno ...
28 NOW, 'IHEREFORE, BE IT RESOI1VED that the Local .Agency For:ma,t.ion •
29 Commission of the County of Fresno does HEREBY RESOLVE, DETERMINE,
30 AND ORDER as fol.lows:
3.l section.,.l.. Said p:r:-oposal is approved.. Any resolution of·
32 · the conducting agency ordering this reoJ:-ganization shall provide
CQU...-tY ¢F FAUN()
. ~~IIS .. O. c.-,LIFORNll\
Bxhibit 0 A••
, .. ,.. .
.'=\ •• BARVEY.~ .. J?EACH NO. 2
DISTRICT REORGANIZATION
Area to be De.t,ached f1:.-om the Mid-Valley Fire Protection D:i.strictlt the Kings '
River Conservation D:i.strj.ct, and Annexed to the City of Fresno~
Consisting of Lots (\2 to 51, Inclusive, of Forsyth Gardens No •. 2, in Sect:ton
32, 13/21 ..
BEGINNING at the intersection of a line which is pa,ra.llel with and.30.00 feet·
\,est of the West line of Lot 11 of Forsyt:h Ga:i:dens No. 2, as sa:f.d lo,t is shown
on the Map thereof, fi.led in the Office 0£ :the ,County Recorder June 28:t 1950
and recorded in V~lume 15 of Plats at page 2.6, Fres1w County Records, with a
line which is parallel. with and 30 .. 00 feet Morth of the No:i:th line of said Lot
11, being also, a point 011. the E~xisti1ttg City Limits of the City of Fresno;
thence Westerly, along a line which iis pe.l!"allel with and 31),.00 feet Not't;h of
the North lines of Lots 43 and 4.4, of said For$yth Gardem~ No. 2, being also~
along the existing City Limits of saiti City, tct the inte:rsection with the Ear~t
line of Section 31,. Township 13 South:, Range 21 East, ~Mount Diablo Base. and
Meridian, as said Section is sh.own on the United States Government Township
Plats; thenc.e Southerly, ctlong the East line of said Section 31,, being .also,
along the West line of Se(:tion 32~ of said Town$hip and ~nge. being also,
along the· existing City Limits of said City, to the intersection \vith a line
which i$ parallel with and 30,.00 feet South of the South line of Lot 51, of said
F'orsyth Gardens No .. 2; thence Easterly,. along th~ line whi'ch is parallel with
and 30.00 feet South c ►f the Sout:h line of said Lot 51, to the intersection with
the Southerly production of the East ljLne of said Lot 51; thence Northerly;
along the Southerly production of the East li11e of said Lot 51, and along the·
East lines of Lots .51, 50, 49, {•8 and 47 of said Forsyth Gardens No. 2, to the
Northeasterly c.orne1:.-~f said Lot 47; thence Northeasterly, along the South-
eastEtrly line .of Lot l~.z, of said Forsyth Gardens No.. 2, and along :the NortheaEit-
erly production of the Southeasterly line of said Lot 42, tot~ intersection
with a line which is parallel wi.th and 30.QO feet West of the Wes.t line of. saitl
Lot 1.1; thence Northex~ly, along a line which is parallel with and 30.00 feet West
of the West line of said hot 11$' to the POINT OF BEG!N'NING ..
Fi.le No. 2203
Drawing No. 6-A-1233
Contains 3.32 Acres
5/19/82
TWB/pt
APPR10VED·LAFCO
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DA"TE
J~ARVl,N L PANTER
l:xe.eutive Officer
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Exhibit nB u . c;:,
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MARVi L p TER
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ALLO ATED TO COUNCIL. DISTRICT NO. -t/ AS PER COUNCIL
DISTRICT MAP DATED l -2 2 -a~
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Exhibit "C "
FILE No.
ANNEX No .
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COU NC IL 01S RICT No.
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