HomeMy WebLinkAboutResolution - City Council - 82-536 - 1982-11-16I
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RESOLUTION NO. 82,.. 536
A RESOLUTION OF THE COUNCIL OF THE CITY
OF FRESNO, CALIFORNIA, IN THE MATTER OF
THE TULARE-DE WITT NO. 1 DISTRICT
REORGANIZATION ORDERING A REORGANIZA-
TION OF r.C'HE CITY OF FRESNO, THE MID
VALLEY FIRE PROTECTION DISTRICT AND
THE KINGS RIVER CONSERVATION DISTRICT.
WHEREAS, the Council of the City of Fresno, pursuant
to its Resolution of Application No. 82-266 adopted on
June 15, 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 Tulare-
DeWitt No .. 1 District Reorganization is described in
Exhibit 11 A11 and graphically depicted in Exhibit 11 B'*; and
WHEREAS, with notice given according to law, LAFCO met
on August 25, 1982, to hear interested persons and consider
Ed Bielicki
the proposed reorganization; and adopted Resolution No,. R0-82-42
"Making Determination and Approving Proposed Tulare-De Witt
No. 1, District Reorganizationn of the City of Fresno, the
Mid Valley Fire Protection District and the Kings River
Conservation District.; and
WHEREAS, LAFCO Resolution No. R0•-82-42 authorized the
Council to conduct the px.·oceedings for the reorganization in
the manner provided by law; and
WHEREAS, on October 12, 1982, the Council initiated
proceedings for the proposed reorganization by adopting Re-
solution No. 82-479, "Resolution initiating proceedings for
the reo1:ganization of the City of Fresno, the Mid Valley
Fire Protection District and the Kings River Conservation Dis-
trictn, and set a hearing on the proposed reorganization for
November 16, 1982, at 3:00 p .. m. in the Council Chambers; and
WHEREAS, the Council gave the required notice of the time
and place for hearing objections to the proposed reorganiza-
tion,: and
Page 1 of 3
WHEREAS, the Council conducted a hearing 1 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 reorganization, delivered to the Clerk oi: tl'ie City
of Fresno before the hour set fo.r 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 conside:i:ation
of protests, LAFCO's resolution making determination and
approval was presented to the Council and summari~~ed; and
WHEREAS, the Council considered all factors required
by law for a reorganization; and
WHEREAS, the Council determined that the territory
to be reorganized is uninhabited .and that written protiests
filed and not withdrawn represented less than fifty per-
cent (50%) of the assessed value of. land therein; and
WHEREAS, 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, a:nd upon completion of this reorganization proposal,
the subject territory will be included in Municipal Bond Area
"D" and will not be taxed for any existing bonded indebtedness
or contractual obligations; and
WHEREAS, pursuant to Fresno Municipal Code Section 2 .... 208,
the subject territory is allocated to Council District No .. 5 ..
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 Tulare-De Witt No. 1 District
l?age 2 of 3
• Reorganization and described in Exhibits "A" and "B",
attached hereto, be annexed to the City of Fresno,
and the same territory be detached from the Kings
River Conservation District and the Mid Valley Fire
Protection District of Fresno County ..
2. This reorganization is in the best interest of the
territory of Tulare-De Witt No. 1 District Reorgan-
ization, and lands have not been i.mproperly omitted
from or included within this reoJ~g·anization.
3.. The reasons for this reorganization are:
a. The subject territory is within the City of
Fresno's Sghere of Influence.
b.. The owner of 24 of the 27 parcels within
the project area has consented to annex-
ation to the City of Fresno.
c.. It is advantageous for the territory within
the Tulare-De Witt No. 1 District Reorganization
to be a part of the City of Fresno.
4. The condition imposed by LAFCO, namely that a proposal
to annex the mobile home park to the east be submitted
to LAFCO prior to the completion of this proposal, was
met on October 7, 1982 when the City submitted the ap-
plication for the Tulare-Clovis No. 4.-A District Reorgan-
ization.
IT IS FURTHER RESOLVED by the Council of the City of Fresno
that the Tulare-De Witt No. 1 District Reorganization be and is
hereby allocated to Council District No. 5.
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 of Fresno, California, at a regular meetin<J held on
the 16tb day of November 1 1982 ..
APPROYIDt AS TO FORM·
Cl'l'Y ATTOftNZY•S OFFIC!t
,I
Page 3,/~f 3
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• • TUURE-DE WITT NO. 1
DISTRICT REORGANIZATION
Area to be Detached from the Mid Valley Fire Protection District, the Kings
River Conservation District and Annexed to the City of Fresno.
Consisting of West. Half of Lot 31, of Easterby Rancho, lying in Section s~
14/21, M.D.B.&M.
BEGINNING at the Northeast corner of the South Half of Lot: 30 of Easterby
Rancho, as .said lot is shown on the Map thereof, filed in the Office of the
County Recorder June 24, 1880 and recorded in Volume 2 of Plats at page 6,
Fresno County Records, being also, a point on the existing City L:lmits of
the City of Fresno; thence Southerly, along the West line of Lot 31.ll of said
Easterby Rancho, being also, the Ea.st line of said Lot 30, being also, along
the existing City Limits of said City, to the intersection with the North
line of the Southeast Quarter of Section 5 ·~ Township 14 South, Range 21 East,
Mount Diablo Base and Mei:·j.dian, as said Section is shown on the United States
Government Township Plats; thence Easterly, along the North line of the South-
east Quarter of said Section 5, being also 1, along the e2C:isting City r .. imits of
said City,, to intersection with the Southerly production of the Ea.st line of
the West Half of said Lot 31; thence Northe:rlyit along the .Southerly production.
of the Eas,t line of the West Half of said Lot 31 and the East line of the West
Half of said Lot 31, to the Northeast corner of the West Half of said Lot 31;
thence Westel:'ly, along the North line of the West Half of said Lot 31~ to the
Northwest corner of said Lot 31; thence Southerly, along the West line of sa:i,d
Lot 31, belng alsoli the East line of said Lot 30, TO nIE POINT OF BEGINNING ..
File No~ 2209
Drawing No. 6-A-1239
Contains 10.10 Acres
GBM/pt
5/27 /82
Revised 8/9/82
FEG/pt
APPROVED ·LAFCO
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DATE
MARYIN L PANTER
Executive Officer .
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EXHIBIT 1tAn
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APPROVED !!iLAFCO
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DATE
MARVIN L PAa TEI.
Leeutive Officer
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.AReA -ro re OETACHEO F/(.()1',{ "'71/e MIO VAc.t,eY Fttee f'f<dn!C71oN Ol~/C:,:
71/e /ON(SJS l{/VE,K ca,,../6Er<,V,t!;T/ON DISTRICT ANO ANAleXED
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"' -me CITY OF FReS/Jo.
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/<MCI-lo , lYtNG 1/J -secm:;t-J ~, 1fv , M. o. e,. -,,
L O rEO TO COUN IL DISTRICT NO. 5 AS PER COUNCIL
DISTRICT MAP DATED I-2 2 · 82
FILE No, 2:;.!oc,
ANNEX No.
ACRES= /a '. /o
COU IL DISTRICT No. 5
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l. MAKING DETF~RMINATION AND APPROVING)
PROPOSED "TULARE-DeWITT #ln )
2 REORGANIZATION )
-----------·------Q-----·-----
_ .. RESOLUTION OF THE
FRESNO LOCAL AGENCY
FORMATION COlllJJY.IISSION
3
4 _WHEREAS, preJ.iminari..r proceedings were initiated by t~he City -
5 0£ Fresno to annex te.rri tory generally located north of '1:ula.re
6 Avenue and east of DeWitt Avenue to the City of Fresno arid detach
? from the Mid-Valley Fire Protection District and Kings River
8 Conservation District in the County of Fresnoi arid
9 WHEREA.S, an application for said proposal was a.ccepted f_or
10 filing by the Execui;.i've Officer of this Local Agency Formation
ll Commission; and .
12 WHEREAS, said application was set for hearing by the Executive -
13 Officer 011 the 25th day of August, 1982, at the hour of l: 30 p .. m ..
14 of said day; and
15 WHEREAS, notice of the hearing 0£ said application was duly_
16 given by mail, posting, and newspaper publication as required by_
I
17 law; ancl
18 WHEREA.S, t.he Executive Offi cex· reviewed said application and '
19 prepa.rea a report, including his recommendations thereon, ~)aid G
20 applicatiot1 and report having been presented to and considt~red by
l~l this Commission; at'ld
22 ·wHEREAS, t:his Commission considered all relevant factors and
23 heard all interested parties wishing to speak on said application:
24 and
25 ·WHEREAS, the Ccnnmission has reviewed an,3. cons:Ldered the
26 information. in the Negative Declaration as pl:ovidec:i in the Execut.i ve " -.
27 Officer• s Report duly prepared and filed by the City of Fresri•::>.
28 NOW, THEREFORE, BE IT RESOLVEP that the Local .Agency Format~on
29 Commission 0£ the County of Fresno does HEREBY RESOLVE, DETERMI~1
30 AND ORDER a.s follows:
31 §ection 1. Said proposal is approved subject to the terms and
32 conditions hereinafter specified. Any resolution of the conduct£ng
OUNTY OF Jl'lll£51,IO
~«SNO, Cl\1..~~0IUdA
1 agency ordering this reorganization.shall provide that such
:a reorganization shall be subject to the following terl'.ns and
3 conditions :
4 1. Prior to completion of this proposal, a proposal to an~:iex :
5 the mobile home park to the east shall be submitted to LP..FCO.
6 §_ecti.9.11..,_g_. Said territory is found to be uninhabited and
'7 is assigne:cl the following distinctive short form designation:
8 "Tulare-DeWi i:.t #l 11.
9 sectioil,~.. The City of Fresno is designated as the conducting ·
10 ag-ency,. and the governing body of said agency is hereby directed
ll to initiate nt:eorganization proceedings in c<:>mplia11ce ·with this
12 resolution ..
13 section _i. Further proceedings shall be initiated by the
14 conducting a9ency not later than 35 days after the date o:E adOJ?tion
15 of the Comnri.ss ion resolution and shall be conducted and completed
16 pursuant to required law. Proceedings and any resolution of
:l?. approval shalJ. _comply with the Comrr.ission ls resoluti,>n of approval.
18 S t . t:· ec J.on -t .. The Executive Officer is hereby a11thoriz1~d and
19 directed to matil. certified copies of this resolution as provided
20 in Section 56272 of th~::: Government Code ..
,21
22
23
24
25
ADOPTED
AYES:
NOES:
ABSENT:
this 25th day of August, 1982, by the following vote:
Silva, Satterberg, Howard, Levy, Johl.1son
None
Wilder
STATE OF CALIFORNIA)
26 COUNTY OF FRESNO )
27 I, Mll.i.RVIN L. PA.NTER, Execut::i.ve Officer .of the Local Agency
Formation Commission certify that the foregoing resolution was
28 adopted by the Fresno County Local Agency FoJ::-mation Commission.,
California, at. a regular meeting held on the 25th day of August,.
29 1982.. ·
30
31
32
OUNTY Of" FRitSNO
'ttl:~NO. CAL.lfl'ORNfA
~~'P~
MARVIN L .. PANTER, Executive Officer
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