HomeMy WebLinkAboutResolution - City Council - 82-539 - 1982-11-16' I
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:RESOLUTION NO. 82-5~
A RESOLUTION OF THE COUNCIL OJ? THE CITY
o:E1 FRESNO, CALIFORNI.A, IN THE MA1:t'TER OF
THE HARVEY-WINERY NO. 3 DISTR'.tCT
REORGANIZATION ORDERING A REORGANIZA-
TION OF THE 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. 82-270 adopted on
June 15, 1982, requested the Fresno Local Agency For-
mation. Commission to take appropriate p:r:oceedings for the
annexation of the subject territory to the City of Fresno;
and
WHEREAS, the proposed reorganization known as Harvey-
Winery No. 3 District Reorganization is described in
Exhibit "A" and graphically depicted in Exhibit "Bu; and
WHEREAS, with notice given according to law, LAFCO met
on August 25, 1982 to hear interested pe:tsans and consider
the proposed reorganization; and adopted Resolution No .. R0-82-43
"Making Determination and Approving Proposed Harvey-Winery
No. 3 District Reorganization 111 of the City of Fresno, the
Mid Valley Fire Protection District and the Kings River
Conservation District; and
WHEREA.S, LAFCO Resolution No. R0-82-43 authorized the
Council to conduct the proceedings 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. 82-483, "Resolution initiating proceedings for
the reorganization of the City of Fresno, the Mid Valley
Fire Protection District and the Kings River Conservation Dis-
trict", and set a hearing on the proposed reorganization £cir
Novern.ber 16 , 19 8 2 at 3 : O O p . rn.. in the Council Chambers; and
WHEREAS, the Council gave the required not.ice of the time
and place for hearing objections. to the proposed reorgar.tiza-
tion; and
Pagel of 3
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' WHEREAS, the Council conducted a hE~aring, at which
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tirne all persons who wished to object t<:> the proppsed
reorganizati<:>n were heard; and
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WHEREAS, written protests or object.ions to the pro-
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posed reorganization, delivered to the Clerk of the City
of Fresno befor·e the hour set for hearing, were considered
and are on file in the off ice of the Clerk of the ': City of
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Fresno, County of Fresno, State of Calij;ornia; and
t.fflEREAS, at said hearing· and prior to consideration
of protests, LAFCO's resolution making determination and
approval was presented to the council and summarized; and
WHEREAS, the Council considered all factors r~quired
by law for a reorganization; and
WHEREAS, the Council determined tha.t the territory
to be reorganized is uninhabited and that written protests
' filed and not withdrawn represented less than fifty per-
cent (50%) of the assessed value therein; I of land and
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WHEREAS, the Fresno County Assesso.r 1 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 anneJted 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 proposal,
the subject territory will be included in Municipal Bond Area
nnn and will not be taxed for any existing bonde~d indebtedness
or contractual-obligations; and
WHEREAS, pursuant to Fresno Municipal Code Section 2-·208,
the subject territory is allocated to Council District No. 4.
NOW, THEREFORE, BE IT RESOLVED by the Council !Of the City
of Fresno as follows:
1. 'rhe Council hereby orders that the territory
:referred to as Harvey-Winery No. 3 District
Page 2 of 3
• • Reorganization and described in E,s:hihits "A" and "B",
attached hereto, he annexed to thei 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 intere;st of the
territory of Harvey-Winery No. 3 District Reorgan-
ization, and lands have not been improperly omitted
from or included within this reorganization.
3.. The reasons for this reorganization are:
a. The subject territory is withi11 the City of
Fresno's Sphere· of Influence.
b. The proposal was initiated by the City of
Fresno in accordance with the Council's policy
to unify the metropolitan area. The subject
territory includes two proJ;>erties that are
subject to contracts where.in property owners
have agreed to consent to annexation to the
City of Fresno in exchange for the City's
agreement to extend municipal water services to
the properties.
c.. It is advantageous for the territory within
the Harvey-Winery No. 3 District Reorganization
to be a. part of the City of Fresno.
IT IS FURTHER RESOLVED by the Council•of the City of Fresno
that the Harvey-Winery No. 3 District Reorganization be and is
hereby allocated to Council District No. 4.
CLERK'S CERTIFICATION
STATE Olr CALIFORNIA)
COUNTY OF FRESNO ) s s .
CITY OF FRESNO }
I, JACQUELINE L" RYLE, City Clerk of: the City of Fresno Ji
certify that the foregoing resolution wa~~ adopted by the Council
of the City of Fresno, Califo:tnia, at a regular meeting held on
the 16th day of lNoverrlber 1 1982 ..
APPROVED .UJ TO FORM•
CITY ATTORHEY' S OFrlCU:
JACQU1~LINE L. RYLE
City Clerk
Page 3.,'of 3
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HARVEY-WINERY NO. 3
DISTRICT Rle:ORGANIZATIO'N
Area to be Detached from the Mid Valliay :Fire ProtE~ction District and the Kings
River Conservation District and Annexed to the Cit:y of F:i:-esno ..
Consisting of Lot: 5 and portions of Lot 6, in Bloc.k 3, all of Belmont Gardens,
lying in Section 31, 13/21 M.D.,B.&M.
BEGINNING a.t the Northeast corner of t:he Southw-est: Quarter of the Southwest Quarter
of Section 31,, Township 13 South, Range 21 South, Mount Diablo Base and Meridian,
as said Section is shown on the United States Govtarnment Township Plats, being
also, a point on the existing City Limits 0£ the City of Fresno; thence Westerly,
along the North l.ine of the Southwest Quarter of the Southwest Quarter of sa:ld
Section 31~ a di.stance of 150.91 feet, being also, along the existing C:Lty Limits
of said City, to the intersection with the Northe;tly p·roduction of the We~st line
of Lot 5, in Block 3, of Belmont Gardens, as said lot is shown on. the Map th,~reof,
filed in the Office of the County Recorder June 4> 1936 and recorded itt Volume 11
of Plats at Page 39, Fresno County Reic-.ords; thenc1a Southerly, along the Northerly,
production of the West line of said Lot. 5 t in Blorck 3 and along the West line of
sa~d Lot 5, in Block 3, being also,. along the exi:sting City Limits of said City,
to the Southwest corner of said Lot S:,. in Block 3; thence c.ontinuing Southerlyi1
along the t-le~t iine of Lot 6 of said F.,elmont Gard,ens, to the intersection with a
line which is ·parallel with a.nd 108 .. 00 feet South of the North line o:f said Lot 6_.
in Block 3; thence Easterly, along a line which i,s parallel with and 108.00 feet
South of the North line of said Lot 6:, in Block 3., and along its Easterly produc-
tion to the intersection with the East line of the Southwest Quar.ter of the South-
west Quarter of said Section 31~ being also., parallel with and 30.00 feet: East of
the East line of said Lot 6; thence Northerly, along the East line of the South-
west Quarter of the Southwest Quarter of said S_ec.tion 31~ to the POINT OF BEGINNll~G ..
File No. 2205
Drawing No. 6-A-1235
Conta.ins 1.52 Acres
GBM/pt
5/19/82
:APPROVED•LAFCO
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II!=, I JlBI
C1ATE
MARVIN L~ PAt'lrrER
Executive Officer
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APPRCVEOi!LAFCO
8-;15-32,
DATE
MARVIN L PAN1·e
Executive Officer
AREA ,lJ e£. OET"AcHE:D F~oM. Tl-le:. M.10 VAlLEY FIRE Pl?CTT1:cnoAI 01~,cr
MIO 77-le k!N<S-5 IVV~ ca,../S£KVA:'T?ot.J 0l5T'Rtcr AAJO AIJN/!.'{f:.O Tl>
'TJ.JE Ct7Y OF rR.t:SIJO.
Aooeo A~ ~ -
'ARVe.Y-WIAIER.Y NO . 3 O1577?./Ct Kl=OR.GANIZATI0A/
C.0AISt5TtJ./ei OF I.OT 9 ANO l'Qf{!7t)IJS OF ldT CJ, , IN e;lOC/.:. .3,
AL!.-oFeE(,.l,k)JJT eARI::eA/5 , lYl)JCi IN 5EcT!otJ 31 ~ M .0.8.~M .
A LOCATED TO COUNCIL DISTRICT NO. 4: AS PER COUNCIL
O STR CCT MAP DATED I -2 2 -82 £XH !BIT II B i1
FILE No. 2205
NNEX No.
ACRES= /. 5.2..
COUNCIL DISTRICT No. 4
.SOLUTION NOo R0-82-43
l MAKING DETERMINATION AND APPROVING)
PROPOSED 0 HARVEY-WINERY #3" }
2 REORGANIZATION' )
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RESOLUTION OF THE
FRESNO LOCAL AGENCY
FORMATION COl~ISSION
4 .WHEREAS, preliminary proceedings were i11.i tiated by the City
fi . of Fresno to annex terri to•ry generally loca-t~ed west of Winery
€> Avenue and south of Harvey Avenue to the City· of· Fresno and detach
7 from the Mid-Valley Fire Protection District and Kings Pd.ver
8 Conservation District in the County of Fresno; and
9 WHEREAS, an application for said proposal was accepted fo1r
10 filing by the Executive Officer of this Local Agency Formation
-"
11 Com..rniss~on; a1:1d
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 WHERE.AS, notice of the hearing of said application was duly
16 given by mail., posting, and newspaper ptlblication as requir,ed by
17 law; and
18 ·wHEREAS, the Exe cu ti ve Officer reviewed said application and
J.9 prepared a report., including his recomm~;ndations thereon, said
20 application and report having been presented to and considered by
21 this Commission~ and
22 WHEREAS, this Commission considered all rele·vant factors and
23 heard all interested parties wishing to speak ori :said application:
24 and
25 WHEREAS, the Commission has reviewed. and considered the
26 information in the Negative Dec:laration as provided in the Executi 11e
27 Officer's Report. duly prepared and filed by the City of Fresno.
28 NOW, THEREFORE, BE IT RESOLVED that the Local Agency For1nation
29 Commission of the County of Fresno does HEREBY RESOLVE, DEiJ~ER.MINE,
30 AND ORDER as follows:
31 Section l. Said proposal is approved. JA.ny resolution of the
32 conducting agency ordering this: reorganization shall provide that
COIINT'Y OF FRESNO
;71lfCS:l,fO. CAL.IFORNtit,
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J.. such reorganization shall not be subject to any terms and
j2 condi ti ans.
3 _pect;Lon 2. said territory is found to be unil'lhabi ted and
4 is a~s:Lgned the following distinctive short form designation:
5 "Harvey-Winery .#3" n
6 .§.~tion ~-The City of Fresno is designated as the conducting ,
7 agency, and the governing body of said agency is hereby di.i::-ected
8 to inj.tiate reorganization proceedings in compliance with this -
9 resoluti..on ..
,g;~;_!on 4" J?urther proceedir:,.gs shall be initiated by the
conduct:tt'lg agency not later than 35 days afte+ the date of adoption,. r-· ·
«. -:·,:.:<.;::..--:...
12 of thE; Commission resolution and shall be conducted and completed 1
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13 pursuant to required law. Proceedings and any resolution. of
14 approval shall comply with the Connnis-sion' s resolution of apprc.>val..,
15 §~~. The Executive Officer is hereby authorized and
16 directed to mail certified copies of this resolution as provided.
17 in Section 56272 of the, Government Code.
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ADOPTED this 25th day of August, 1982, by the following i1ote:
AYES:
NOES:
Silva, Satterberg, Howard, Levy, Johnson
None
ABSENT:: Wil.der
ij STATE OF CALIFORNIA)
23 COUNTY OF FRESNO )
24 I.. MARVIN L. l?A..~TER, Executive Officer of the Local Agency
Formation Corom.issic)n certify that the foregoing resolution was ·
25 adopted by the Fresno County .Local Agency Formation Commission,
CalifoJ::-nia, at a regular meeting held on the 25th day of August~
26 19 82.
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:::'Ou»TY o,=-Fli'!:FStlO
·l'l!en:a. CAI..W(.>f;NIA
~gp~
MARVIN L. PANTER, Executive Officer
PF,OPOSE
HARVEY-WINERY NO. 3
DISTRICT 'REORG
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