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HomeMy WebLinkAboutResolution - City Council - 82-550 - 1982-12-07. '• • • RESOLUTION NO.. 82-550 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, Cll.i.LIFOENIA, IN THE MATTER OF THE CALIMYRNA-lvEST NO. 4 DISIJ:1RICT REORGANIZAT'.rON' ORDERING A, REOR'.GANIZATION OF THE CITY OF FRESNO, THE NORTH CENTRAL FIRE PROTECTION DISTRICT AND THE KINGS RIVER CONSERVATION DISTRICT. Ed Bielicki WHEREAS, The Fresno City Council, pursuant to its Resolution No. 82-267 adopted on June 15, 1982, requested the Fresno Local Agency l!"ormation Commission to take appropriate proceedings for the annexation of the subject territory to the City of Fresno; and WHEREAS, the proposed reorganization known as Calimyrna- West No. 4, is described in Exhibit 1'A O and graphically depicted in Exhibit "B"; and WHEREAS, with notice given accoJcding to law, LAFCO met on September 22, 1982 to hear interested persons, consider the proposed reorganization, and adopted Resolution No. R0-82-41, 11 Making Determination and Approving f>roposed Calimyrna-West No. 4 District Reorganization II of the City of Fresno, the North Central Fire Protection District and the Kings River Conservation District; and WHEREAS, Resolution No .. R0-82-41 authorized the Council to conduct the proceedings for the reorganization in the manner provided by law; and WHEREAS, on November 9, 1982, the Council initiated pro- ceedings for said proposed reorganization by adopting Resolu- tion No .. 82-519, "Resolution Initiating Proceedings for the Reorganization of the City of Fresno, the North Central Fire Protection District and the Kings River Conser,ration District", and setting a hearing for the proposed reorgan- ization on December 7, 1982 at 3;00 p~m., in the Council Chamber, City Hall, 2326 Fre&no Street, Fresno, California, 93721; and WHEREAS, the Coun,cil gave the rec;[uired notice of the time and place for hearing objections to the proposed re- organization; and Page 1 of 4 • WHEREAS, the Council conducted a hearing, at which time they heard all persons who wished to obj eat to the p.r•oposed reorganization; and WHEREAS, protests or objections in writing to the pro- posed reorganization, delivered to the Clerk of the City of Fresno before the hour set for hearing, were consider,ed and are on file in the of £ice of the Cl,erk of the Ci t.y o:E Fresno, County of Fresno, State of California; and WHEREAS, at said hearing and prior to con.sideration of protests, LAFCO's resolution making determination and approval was presented and summarized to the Council; and WHEREAS, the Council considered all factors required by law for a proposed reorganization; and WHEREAS, the Council determined that the proposed reorganization constitutes inhabitecl territory as defined by law and that written protest filed and not withdrawn re- presented less than twenty-five perc!ent (25%} of the 11umbe:r.- of landownexs within all territory proposed to be annexedr owning not more·than twenty-five percent (25%) of the assessed value of land therein; and less than twenty-five percent (25%) of the voting power of voters entitled to vote as a result of residing within or owning land within such territory; 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 subject territory proposed to be annexed to the City of ~·resno 'ft.rill be exempt from taxation for the payment of principal or interest, or any other amounts which shall become due on account of any out.standing bonded indebt- edness 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 "Dn and will not be taxed for any existing bonded indebtedness or contractual obligations. ;!?age 2 of 4 It .. . • NOW, THEREll'ORE, BE IT RESOliVED by the Council of the City of F,resno as follows: I. The council hereby orders that the territory refer.red to as Calimyrna-West No .. 4 District Reorganization, and described in Exhibit "Alf and graphically depicted i11 Exhibit nBn attached hereto be annexed to the City of Fresno and the same territory be detac!hed from the Kings River Conservation District and the Noxth Central Fire Protection District of Fresno County. 2.. The proposed reorganization is in the bE:!st interest of the territory of Calimyrna-West No. 4 District Reorganization ancl lands have not been improperly omitted from or included within this reorganization .. 3.. For the purpose of the proposed reorganization, the subject territory is fot:ind. to be inhabited,. 4. The reasons for this proposed reorganization are as follows: a.. The subject territory is within the City of Fresno's Sphere of :Cnfluen<::e. b.. Municipal services will be mo:r:e efficiently and economically provided. c. The City of Fresno initiated this proposal to comply with a LAFCO condition of approval ap- plied to the proposed Mesa-Dolores No. 1 Dis- trict Reorganization wherein reicordation of said Jvlesa~-Dolores No.. 1 District Reorganization would be held in abeyance pending receipt of a City of Fresno application fior annexati,on of the subject territory. d.. It is advantag.eous for the terr;L to:ry within the Calimyrna-West No. 4 District Re- organization to be paxt of the City,. Page 3 of 4 i • • 5. This reo:x.:ganization shclll be completed without an election in that the p.roperty is inhabited and the Council finds that written protests filed and not withdrawn represent less then twenty-five percent (25%) of the nmnber of land.owners within all territory proposed to be annexed, owning not more than twenty-five percent (25%} of the assessed value of land therein, ru:1d less than twenty-five percent {25%) of the voting power of voters entitled to vote as a result of residing within or owning land within such t~rritory. IT IS FURTHER EESOLVED by the Council of the City of Fresno that the Calimyrna, ... west No. 4 District Reorganization. be and is hereby alJ.ocated to Council District No .. 2. CLERK'S CERTIFICJ.\TION STATE OF CALIFO'.RNIA) COUNTY OF FRESNO ) ss . CI'I'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 of Fresno, California, at .a :regular 1neeting held on the 7th day of December~ 1982 .. --·-..,,t:-- ~Hao · V,o A:S 1'0 FOru, fttr,t,o IJ\\'l'r• S OF'P!cm t'.; \ '\ ' .,.. . . -- . o.~ Page 4 of 4 • CALIMYRNA-WEST NO* 4 DISTRICT REORGANIZATION • Area r:o be Detached from North Central Fire Protection District, the Kings River Conservation District, and Annexed to the City of Fresno .• Consist:i,ng of Calimyrna West, and Tract No. 2862 lying in Sec~:ion. 6,. 13/20:i M.DqlL&M .. BEGINNING at the intersection of the East line of Secticn 6, :township 13 South, Range 20 East, Mount Diablo Base and Meridian, as saitl Section is shown on the United States Government Township Plats, with the Easte:tly prc,duction of the North line of Lot 8 of Bullard Lands Ir1:igated Subdivisior;. No. 2, l~ring :tn said Section 6 ~ as said lot is shown on the Map thereof, filed in the Off it~e of the County Recorder, March 7" 1913 and re.corded in Book 9 of Rec::>rd of S1,.1rveys at page 15 :'I Fresno County Records, being a.lso, a point on the existing City Lim:tts of the City of Fresno; thence Westerly, along the Easterly production of the North line of said Lot 8,. and along the North line of said Lot 8, being also, al:ong the existing City Limits of said City to the Sou.theast corner of Lot 10, of saii:l Bullard Lands Ircl.- gated Subdivision No. 2; thence Northerly, along the East lin,a of said Lot 10, and along the East line of Parcel Noo 3 of Parcel Map No .. 3028, ·as said parcel is shown on thE~ Map of Par,cel Map No .. 3028, filed in the· Office of the County Recorder September 2,, 1976 and recorded in Book 21 of Pa.reel Maps at page 63, Fresno County · Records, being also, along the existing City Limits of said City, to the :North- easterly corner of said Parcel No,. 3; thence continuing Northerly, along the East: line of Parcel Na. 4,. of said Parcel Map, and alc>ng tfae East lines of Lots 10, 9 and 8, of Oak.wood Forest No. 2, as said lots are shown on the Map thereof, filed in the Office of the County Recorder August 22, 1973 ,and recorded in Volume 28 of ·-: · Plats at page 27, Fresno County Recol."ds, to the intersection v1itha line which is parallel with and 10.00 feet South of the North l.ine of the South Ralf of Lot 5, of said Bullert·d Lands Irrigated Subdivision No., ~t, lying in said Section 6; thence Easterly, along a lin~ which is parallel 11i th and 10. 00 feet South of the North line of the South Half of said Lot 5, t~ 1:he intE~rsection with the East line of said Section 6; thence Southerly, along the East line of said Section 6~ to t:he POINT OF BEGI}illING. File No .. 2204 Drawing No. 6-A-1234 Contains 11.98 Acres TWB/pt 5/19/82 Revised 7/29/82 FEG/fg APPR □VED •LAFCt:J · 9-;z:,.~ r"4 • -__ QS, .... i..l;~ ... DATE MARVIN-L PAti(TER. Execu.tive OffiCEtr • :l!S 17' ( /~ :r~ / J\ ~ /.:I- ~.r I ✓~ri --er 13 W.Me.SA W. STUART 27 2 1 j .·.· .·.·. · ...... · .·. ·.·.· ... ·. ·. ·. ·. ·.· .·. ·. ·.· ····· ·.· .· ····· .· ........... ·.· .· ... ·. · .. ·.·. 1;.•.·. • •• • •• ••• •••• •••••• ••••••• ••••••••• \ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. . I • . . . . . • ........... , ...•.. • •....... ~ .. • . • . . . . ·r ...•......... • .• • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .......... . • • . • • . • ......•..•..•...•.•...••. X . It • • • • • • • ••••••••••••••••••••• I . . . . . . ....................... , £; . . . . . . . . . . . . . . . . . ........... . .I' • . . . . . ...................... ~ . . . • . . . . . . . . ...............•..• -~.. .,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. . . . . . .................. · 1· . . . . . . . . . . . . . ................. . / --r~. . .................. i:!.. . . . • • • • • • . . • • . • • • . • • •• ·-· ••••••••••. • 1 9 0 J-~ · VJ 1:J r{ ~ 8 [) J e 9 f, . J r < J.' .£5 j J _:.:e CbR. s~cr. c;_ /~20 LJ . . R.Z:, -LE 6 EN .Z,-,-11-:-. -'-~"4.-..1... Ex/.sr. C.")ry ~R.c:;;4 1 M , VIN L PANTf. Executive Officer h~A' rt::1..e.e-2:)r-rAC#~r,A::1~· ll¥~ /'J,/c,,,p7,;y C..s-Y~A~ ~.4 ~o~·cr/G7/Y-Z'/STR/C7; TH£ A'?,,rc;s .,,e,,y6f> CoNs~~r/o.h' .D/ST~/C~ .A'#~ _,,4/V/Y£..X-~.L:> TP T#..e C) TY 0~ /'°R£.S#a .. _A1'o..o~P /4.o..e~ ... S"r.s-r..c.A? REV'/.f~ 7-.Z?~z. ~£ CAL/l½f'YRHA-f'Ye..s-r /Y'.e 4 ..D/STR/Cr ~..:ORGAA-''/ZA'r/O.A/ FILE No. ANNEX No . ACRES= ✓-'/:28 C4L./~YR//A f'Y.es~-7......e-.;cr/f/~286.2,; £;Y-//YG /# ...S£CT/O/V ~ ,,,~~g .4r..L2..8~ ALLOCATED TO COUNCIL DISTRICT NO . _2.....__ AS PER COUNCIL DISTRICT MAP DATED I -2 2 -82 .. . .,.... . . COUNCIL DISTRICT No. _2;---. __ - EXHIBIT "B" • 1 . MAKING DETERMINA1I1ION AND APPROVING) PROPOSED II CALIMYRNA-wEs'r #4 11 ) 2 REORGANIZATION ) R.LUTION NO. R0-82-41 s . RESOLUTION OF THE FRESNO LOCAL AGENCY FORMATION COMMISSION ---~---------------- 4 WHEREAS, preliminary proceiedj_ngs were initiated by the City 5 of Fresno to annex territory generally located west of West Avenue 6 on both sides of Calimyrna Avenuei to the City of Fresno and detach 7 from the North Central Fire Protection District and Kings River 8 Conservation District in the Co~mty of Fresno; and 9 WHEREAS, an application fot· said proposal was accepted fc)r 10 filing by the Executive Officer of this Local Agency :E'ormation 11 Commission; and 12 WHEREAS., said• application was set for hearing by the Executive 13 Officer on the 22nd day of September, 1982, at the hour of 1:30 p. 14 on said day; anc 15 WHERl:!AS, notice of the hearing of said application was dµly 16 given by mail, posting, and newspaper publication as rec;uired by 17 law; and 18 WHEREAS, the Executive Officer reviewed said application and 19 prepared a report, includinc;r his recommendations thereon,. said 20 application and report. havix:tg been present~~d to and con.:sidered by 21 this Commission; a.nd 22 WHEREAS, this CommissiQn considered all relevant factors and 23 · heard. all interested parties wi.shing to s:peak on :said application; 24 and 25 WHEREAS, the Ccnttnission has rev:Lew,ed and considered the i 26 information i.n thei Negative Declaration as prc>vided in thE~ Executi. 27 Officer's Report c1uly prepared and filed by the City of F1.~esr10. 28 NOW, THEREFORE, BE IT RESOLVED that the Loca~l Agency Formation 29 Com.mission of the CouJ1ty of Fresno does HEREBY RESOLVE, DETERMINE, 30 AND ORDER as follows: OUNTV Of' FRESNO lll':SNO, CALIFORNIA Section 1. Said proposal is approved. Any resiolufion of j,a,..~ __. ~ J> ~ ~: • the conducting agency <::>rdering this reorganizaticin shalil: p.rbvide • ,: ;:; t'.'.i c·, ., __ .. -~ -4: •--{ -... ; ~1 t,., <..M l, Cr') " • . • '¼ .. " •► a •• • .. , 1 that such re.organization shall not be subject to any terms and 2 conditions .. 3 Section 2. Said territory is found to be inhabited and 4 is a;3signed the following distinctive short form designation: 5 11 Calimyrna-west #4 11 • 6 Section 3·. The City of Fresno is designated as the conducting '7 agency., and the governing body ·of said agency is hereby directed 8 to initiate reorganization proceed:Lngs in compliance with this 9 resoluti-on., 10 ~tion 4. Further proceedings shall be initiated by the ll conducting agency not later th.:1.n 35 days after the date of adoption . 12 of the Commission 1resolution a11d shall be conducted and com;pleted 13 pursuant to requ.ired law~ Proceedings and any resolution of 14 appro,,al shall ,::amply with the Commission• s resolution of a:pl)roval .. 15 Section:-2,. The Executive Officer is hereb~l authorized a1:1d 16 directed to rnaiJ. certified copies of this resolution as provided 17 in Section 56272 of the Governmet1t Code .. 18 ADOPTED this 22nd day of September, 1982,· by the following 19 vote: 20 21 22 23 AYES: Silva, Howard, Levy, Wilder NOES: None ABSENT: Johnson STATE OF CALIFORNIA) 24 COUNTY OF FRESNO ) 25 I, MARVIN L .. PANTER, Executive Officer of the Local Agen9y· Formation Commission certify that the fo:regoing rescilution was 26 adopted by the Fresne1 County Loca,l Agency Formation Commission, California, at a reg1..1lar meeting held on the 22nd day of September, 27 1982. 2a OA...~ e Ya..:t.._ 29 MARVIN L .. PANTER, Executive Officer 30 31 OIJH,_..Y OF ~Rl::SNO ::tl!'.SMO. CJ\t.;1FORNIA ,. •' . ·-. ·- . :-::-~~~---/ r7 " IO~•· .....,,...,~-:, ~""-'~c:.:,;..:.:.;,;=~~ :~;iiiii~~:i~it~i!Il~gi::. =·... ~=~ '""'"''""""" ~~~~ ~i::::'\\i!i\iiiiiiiiiiiii ~-= DA-WEST O . 4 • &1.ll/Y1H •n :;;;==::::,:::=· ~~ EORGAN (Approx imate Scale) t t .. _ .. · . ,g O :it=, @) , ., .. ·:,-\ g ;?11 Jl : . .. ... 0 ....... • ---~•~~ W L •IIO AVf _::··· fi iif :; ·. 18 . . ····,, ..·=:•.•· lli1o ::'E::i · Q ....... CJ ... __..., ... ,. ....... c.c. ' "'"'-· t ..,._,"_.,... J!' T"lt:I • Community Plan j ,; " "