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HomeMy WebLinkAboutResolution - City Council - 82-522 - 1982-11-09. . l • RESOLUTION NO. 82··5 22 RESOLUTION INITIATING PROCEE.DINGS FOR THE REORGANIZATION OF THE CITY O:Ft FRESNO, THE KINGS RIVER CONSERVATION DIS 1rRICT AND THE NORTH CENTRAL FIRE PROTEC~PION DISTRICT, IN- VOLVING UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED AS THE l?ROl?OSED SHIELDS-BRAWLEY NO.. 2 DIS'J~RIC1'.P REORGANIZA- TION, SETTING THE TIME, DlllTE AND PL.P;i.CE FOR HEARING PROTESTS TliERETO, AND GIVING '.NOTICE THEREOF J;d Bl e 1 i.cki WHEREAS, proceedings for a proposed re:organization were commenced by the City of Fresno pursuant to its Resolution No. 82-198, adopted on May 4, 1982; and \IBEREAS, the Fresno Local Agency Formation Commission 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 adopted at the time and in the form and manner .prescribed by law its Resolu- tion No. R0-82-45, "Making Determination and Approving the Proposed Shields-Brawley No. 2 District Reox·ganization u" a copy of which is attached hereto and identified as Exhibit "A"; and WHEREAS, the Fresno County Assessor• s t'oll will be used for the purpose of levying any assessments or taxes on the subj,ect property; and WHEREAS, the subject territory proposi=d 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 annexation; upon completion of the reorganization 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 .. NOW1 THEREFOREr BE IT RESOLVED# DETERMINED AND ORDERED by the Council of the City of Fresno, as follows: 1. :Proceedings are hereby initiated for the proposed Shields-Brawley No.. 2 District Reo,1::-g~inization as described in Exhibit "B 0 and graphically de .... picted in Exhibit "C" wherein the City of Fresno, Pagel of 3 If • the North Central Fixe 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 uninhatbited. 4. The reasons for this proposed reorganization are as follows: a. The subject territory is within the City of Fresno us Sphiere of Influence. b. The annexation is being processed as a result of sever.al request. for annexation from propE::rty owners within the project area. c.. It is advantageous f:or the territory within the Shields-Brawley No. 2 District Reorganiza- tion to be a part of the City of Fresno. 5. The conditions imposed by LAFCO, namely that prior to completion of this proposal, the Cit:t shall initiate a proposal to annex the unincorpoxatied surrounded area. to the en.st, north of West Clinton Avenue .. An annex- ation proposal to initiate proceedings to annex said surrounded unincorporated area, will be brought :Oefore the Fresno City Council in the near future. 6. 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 after the date of adoption of this resolution is hereb}"' es·- tablished a.s the time, date and place of hearing on the proposed reorganization.. At this time and place any interes:ted person desiring to p:r:otest said re- organization shall do so by written communication Page 2 of 3 0 • • filed with the Clerk of the City of Fresno not later than the hour set for hearing .. Written protests shall be s,igned and submitted after the adoption of this resolution and shall contain t.he date of signature. A w1,·itten protest by a landowner shall contain a description sufficient to identify the land owned by him. 7. 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~ 8. 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 a.t least fifteen days prior to the date specifie!d herein for hearing and continue to the time of said hearing. 9. The Clerk shall further cause notice to be mailed to each person who owns land within the subject territory a.nd to all other affected cities or dis- tricts, and any other pe1.:-son 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. 10. The Clerk is hereby instructed to forward a copy of this resolution to the Executive Officer of the Fresno Local Agency Forma.tion Commission,. CLERK'S CERTIFICATION STATE OF CALIIi'ORNIA ) COUN~['Y OF FRESNO ) s s .. CI~Y 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 held on the 9th day of November~ 1982 ., of .3 • l MAKING DETER11INATION AND APPROVING} RESOLUTION OF THE FRESNO LOCAL AGJ::NCY FORMATION COMMISSl'.ON PROPOSED 11 SHIELDS-BRAWLEY .#2 II ) 2 REORGANIZATION ) 3 4 .WHEREAS, preliminary proceedings were initiated by the .City 5 of Fresno to annex territory genei~ally located near Shields and 6 Brawley Avenues to the City of Fresno and detach from the North 7 I Central Fire Protection District and Kings River Conservatiop, ;: 8 District in the County of Fresno; and 9 WHEREAS, cln application for said proposal was cLccepted for 10 · filing by the Executive Officer of this Local Agency Formation 11 Cornmiss ion; and . .. 12 WHEREAS, said application was set for hearing by the Executive 13. Officer on the 25th day of August, 1982, at the hour of 1:30 p.m., 14 of said day; and 15 WHEREAS, notice of the hearing of said application was duly 16 given by mail, posting, a.nd newspaper pu.bli cation as required-by. 17 law; and 18. WHEREAS, the Exe cu ti ve Officer reviewed said application ancl 19 prepared a report, including his recommendations thereon" said 20 application and report having been presentEsd to and cons,idered by 21 this Commission; and 22 WHEREAS, this Commission considered all relevant factors and 23 heard all interested parties wishing to speak on said application; 24 and 25 WHEREAS1 the Connnission has reviewed ?-nd considered the 26 information in the Negative Declaration as provided in the ]~xecutive' 27 Officer's Report duly prepared and filed by the City of Fresno. 28 NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation 29 Connnission of the County of Fresno does HEREBY RESOLVE, D~:I'ERMINE1 30 AND ORDER as follows: 31 Section 1 .. Said proposal is approved subject to the terms 32 and conditions hereinafter specified.. Any resolution of the , UNT~r OF FRES~IO !$NO~ CAt..lf'ORNIA ., . ·• • l conducting agency ordering this reorganizati.on shall provide that. 2 such reorganization shall be subject to the followi11.g terms and 3 conditions: 4 .1.. Pr:.lor to comple·c.ion of this proposal, the City sha,11 5 initiate a proposal to 2.nnex the unincorporated s1.1rrounded area 6 to the east, north of Clinton Avenue. Section 2. Said territory is found to be uninhabited and 8 is assigned the following distinctive short for'm designation: 9 11 Shields-Brawley #2°. 10 Section 3. The City of Fre~no is designated as the conduct:ing 11 agency, and the governing body of said agency is hereiby directed :L2 to initiate reorganization proceedings in compliance with this 13 resolution ... 14 Section 4. Further proceedings shal.l be initiated by the 15 conducting agency not later than 35 days· after the date of acioption 16 of the Cammi ss i<)n resolution and shall be condULcted and completed I l? pursuant to requi.red law. Proceedings and any resolution of 18 approval sha.11 comply with the Commissionts resolution of approval. 19 Section 5. The Executive Officer is hereby authorized. ana 20 directed to mail certified copies of this resolution as provided 21 in Section 56272 of the Government Code .. 22 23 24 25 26 ADOPTED this 25th day 10:E August, 1982, by the following vote:·. AYES: Howard, Satterberg,,. Levy, Silva, Johnson NOES: None ABSENT: Wilder STATE OJ? CALIFORNIA) 27 COUNTY OF FRESNO ) 28 I, ~l\.RVIN L. PANTER, Execut:lve Officer of the Local Agency Formation Commission certify that the foregoing resolution was 29 adopted by the Fresno Cour1ty Local Agei1cy Formation Commission,. California, at a regular meeting held on the 25t.h day of August, 30 1982 .. 31 32 ~vi~~~ MARVIN L. PANTER, Executive Office.t· l\JNTY OF FRa»o '!SN.O, CA!..lFOr-iNIA ;<~ ,..}:.::.::.:~!!', 41,\_ .,._'\, SHIELDS-·BRAWLEY NO. 2 DISTRICT REORGANIZATION Area to be Detached from. the North Central Fire Protection District, the rungs River Conservation District, and Annexed to the City of Fresno. Consisting of Lots 7, 10 and portions of Lots Sand ll, of Victoria Colony, Lying i.n Section 25, 13/19, M.D .B .. & M. :Beginning at the intersection of the East line of the West Half of Lot ll, of 'lictoria Colony, as said lot is shown on the Ma1, thereof, filed in the Office of the county Recorder January 13, 1891 and rec<,rded in Volume 4 of Plats at page 61, Fresno County Records, with the South line of Lot.6 of said Victoria Colony, being also, a point on the ~xisting City Limits of the City of ?resno; thence Westerly, along the South line of said Lot 6, being also1 along the exist- ing city Li.mi ts of said City, to the Southwest corner of said Lot 6; thence North- erly, along the West line of said Lot 6, and along the Northerly p,1::-oduction of the West line of said Lot 6, being also, along the existing City Limits of said City, to the intersection with the south line of; the Southwest Quarter of Section 24 ·; Township 1.3 South,. Range 19 East,, Mount Diablo Base and Meridian, as said Section is shown on tha United States GovernmentfTownship l?latsi thence Westerly, along the South line of the Southwest Quarter of said Section 24, being als,o, along the existing City Limits of said City, to the Southwest corner of $aid Section 24, br~ing also, the Northwest corner of Sect.ion 25 ,, of said Township and Range:; thence~ Southerly, along the West line of the Northwest Quarter of".". said Section 25, to th1~ intersection with the Westerly production of the Sou.{.!h line of the South Half of the North Half of the South Half of Lot 8 of said Victoria Colony; thence Easterly, along the Westerly production of the South line of the South H~lf of the North Half of the South Half of said Ii0t 8, and along the South line of the South Half of the Nc::>rth Half of the South Half of said Lot 8, to the intersection with the West line of Lot 7, of said Victoria Colony; t.1-ience Southerly, alottg the West lines of Lots 7 and 10 ,. of said Victoria Colony, and along the Southerly production of _the West 1.ine of said Lot 10, to the intersection with the South line of the Northwest Qud..rter of said Secti<:>n 25, thence Easter1,y, along the South line of the North- west Quarter of .said Section 25, to the intersection with the Southerly production. of the East line of the West Half of said Lot ll; thence Noz-therl.y along the Southerly production of the East line of the West Half of said tot 11, and along .. 'tJ.½e East line of the West Half of said Lot ll, to the point of Beginning. File No. 2181 Drawing No. 6-A-1211 Contains 65+ Acres TWB January 26, 1982 A?S/BL/vc APPROVED,..L.AFCu 8-J.s·-1i _ DATE MARYIN L PAN!ER Exe.cutive Officer 'Exhibit uBn . . . ' 9 \ • ::~::::: . -~-.... : :~::::: ........ : Jc:::: s -'/~4": ~~ . . . . . . ': : : . . . . . . I . . . .. . . . . ....... . . . . . . . . . ....... . . . . . . . . . .... . ~/oY ~ /0 _L, i:(t_D r ~~ i~:;:;= .. L../ :::=:::: ........ . . .. .. . .. . . .... . .. . ....................... . . .. . . . . . . .. .. . . . . . . . . . . .. . . .. . .. . ............. ' ........... . : :; :,;-:9:0 : : : : : : : : : : : : : : : : : .-.JCO 0 ..... ff ~Ct?,,,12 . JEcr. ,zs; /~..9 -LEG£:.A/.D- • 'I l L J • DATE MARVIN L .. 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