HomeMy WebLinkAboutResolution - City Council - 82-561 - 1982-12-14• •
RESOLUTION NO. 82-561 ---
A RESOLUTION OF THE COUNCIL 01? THE CITY
OF FRESNO, CJ\LIFORNIA, IN THE MATTER OF
THE HARVEY-PEACH NO .. 2 DISTRICT REORGAN-
IZATION ORDERING A R'EORG.2-\NIZA'l~ION OF THE
crr.t~Y OF FRESNO, THE MID VALLEY FIRE :PRO-
TECTION DISTRICT AND THE KINGS RIVER
CONSERVATION DISTRIC~t'.
WHEREAS, the Council of the City of Fresno, pursuant
to its Resolution of Application No,. 82-290 adopted on
June 29, 1982, requested the Fresno Local Agency For-
mation Commission to take appropriate proceedings for thie
anne:x:ation of the subject territory to the City of Fresno;
and
Ed Btelickl
WHEREAS, the proposed reorgani:z:ation known as Harvey-Peach
No. 2 District Reorganization is described in Exhibit 11 A11 and
graphically depicted in Exhibit 111 B" ; and
WHEREAS t with noti,:1e given according to law, LAFCO met
on September 22, 1982 to hear interested pt9rsons and consider
the proposed reorganization; and adopted Resolution No .. R0-82-52
"Making Determination and App:coving :Proposed Harvey-Peach No. 2,
District Reorganization° of the City of Fre·sno·, the Mid Valley
Fire Protection District and the Kings River Conservation
District; and
WHEREAS, LAFCO Resolution No. RO-82-52 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
proceedings for the proposed reorga;ni~iation by adopting Re-
solution No. 82-520, ":Resolution in;itiating proceedings for
the reorganization of the City of Fresno, the M.i.d Valley
Fire Protectiol'l District and the Kings River Conservation Dis-
trict", and set a hearing on the pra:l)osed reorganization for
December 14, 1982 at 3:00 p.m~, in th(~ council Chambers; and
WHEREAS, the Council gave the r1equired notice of thei time
and place for hearing objections to thei proposed reorganiza-
tion; and
Pa.ge 1 of 3
.
\ • •
WHEREAS, the Council conducted a hearing, 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 of the City
of Fresno before the hour :set for hearing, we:re considered
and are on. file in the office of the Clerk of the City of
Fresnor County of Fresno, State of California;. and
WHEREAS, at said hearing and prior to consideration
of protests, LAFCO's resolution making determination and
approval was presented to the Ca1,.u1cil and sununarized; 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 protests
filed and not withdrawn rE~presented less than fifty per-
cent (50%) of the assessed value of land therein; and
WHEREAS, the Fresno County ,A..ssessor' s roll will be
used for the purpose of levying any assessments or taxes
on the subject territory; and
WHEREASr the territory proposed to be annexed to the
City of Fresno will be exempt from taxation for the paym1~nt
of principal or interest, or any other amounts which shall
become due on account of any outs~tanding bonded indebted11ess
incurred by the City prior to the effective date of such
annexation, and upon completion of this reorganization proposal,
the subject territory will be includ€:d in Municipal Bond Area
0 D" and will not be taxecl for any existing bonded indebtedness
or contractual obligations; and
WHEREAS, pursuant to Fresno Municipal Cod.e Section 2-208r
the subject territory is allocated t.o Council District No. 3.
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 Harvey-Peach No. 2 District.
Page 2 of 3
1, • •
Reorganization and desc:ribed in Exhibits "A•1 and nB 1
' 1
attached hereto, be annexed to the Ci t:r of Fresno,
and the saine territo:ty be detached from the Kings
River conservation District and the M:td Valley
Fire ProtGction District of Fresno County.
2.. This reorganization is in the best lnterest of the
territory of Harvey-Peach No. 2 District Re-
organi~ation, 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 within the City of
Fresno•s Sphere of Influence.
b.. This project was initiated as a result of a
request for anne}l:ation from one of the property
,
owners within the area$
c. It is advantageous for the territory within
the Harvey-.Peach No. 2 District Reorganiza-
tion to be a part of the City of Fresno.
IT IS FURTHER RESOLVBD by the Council of the City of Fresno
that the Harvey-Peach No. 2 District Reorganization be and
is hereby allocated to Council District No. 4.
CLERK'S C.ERTIFICATION
STATE OF CALIFORNIA)
COUN 1rY OF FRESNO } ss ..
CITY OF FRESNO )
Ir SACQUELINE L. RYLE1 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 meeting held on
the 14th day of December, 1982 ..
JACQUELINE L~ RYLE
Cit Clerk
Page 3 of 3
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•• HP-.RVEY-PEACll NO, 2
DISTRICT REORGANI7..ATION
Area to be Detachiad from the M:f.d-Valllay Fire Protection District, the Kings
RiveJt:' Conservatiot1 District, and Annexed to the City of Fresno.
Cons:Lsting of Lot~lt '•2 to 51, Inclusive, (!f Fo-rsyth c;arderts No. 2, in Secti,on
32, :LJ/21.
BEGINNING a.t the ;tnr.ersection of .a line which is; parallel with and· 30.00 fee~t
West of the West line of Lot ll oi: Forsyth Gardens No. 2-, as said lot is shown
on the Map thereof, filed in the Office 10:f the County Recorder June 28, 1950
ail.d 1;ecordled in V~lume 15 of Plat~1 at pa.ge 26, Fresno County Recordsjl with a
line which is parallel with and 30.00 feet North of the North line of said l.iot,
11, being also, a point on the existing City Limits of the City of Fresno;
thenc:e Westerly, along a line which is parallel with and 30.00 feet. North e>f
the Morth lines of Lots 43 and 44 ,i of said Forsyth Gardens No. Z, being also> ·
alonsj the existing City Limits of said C:ity, to the inte:r:section with the East
line of Section 31, To\'mship 13 South, Range 21 East, ~Mount Diablo Base and •.
Meridian i► as said Section is shown on the United States GovernmE~nt Township
P'lats:; thence Southerly, along the East li.ne of said Sec ti.on 31,, being also,
along; the West line of Section 32, of said Township and R.:iLnge, being also,
along: the existing City Limits of sai.d City, to the interstection with a line
which. is parallel wj,th ar1d 30.00 feet South of the South line of Lot Sls of said
Forsyth Gardens Noo 2; thence Easterly, along the,. line r111hi-ch is parallel with
and 30.00 feet South of: the South line of said Lot 51, to thia inters·ection with
the Southerly produc:tio•n of the Ea.st line of said Lot 51; thence Northerly,
alo11g the Southerly production of the East line of siaid Lot 51, and along the~
East lines of Le1ts 5lt 50, 49, 48 and 47 of said Forsyth Gardens No. 2,. t<> th◄!
Northeasterly corner of said Lot 47; thence Northea.sterly, along the So11th· .. ,
easterly line of. Lot 42, of sai.d Forsyth Gardens No,, 2~ and along the Northeast;..,
erly production of the Southeasterl:y lin~e of said Lot, 42~ to the intersectiot).
with a line whic:h is parallel with and 3/J,.OO feet West of the West line of.said
Lot 11; thence Northerly, along a line whi<:h is parallel with and 30 .. 00 feet West
of the West line of said Lot. 11. ·to the :~o:cNT OF BEGINNING.
File No. 2203
Drawing No. 6-A-1233
Contains 3.32 Acres
5/19/82
TWB/pt
APPROVED •LAFCO
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MARVIN L PANTER
Executive O-rfic:er
Exhibit "A"
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AL CAT ED TO
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COUNCIL DISTRICT NO.
ATEO I -2 2 · 8l
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HARVEY-PEACH NO. 2
DJSTRICT REORGMTIZATION
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 Lots 42 to 51, Inclusive, of Fo1;syth Gardens No. 2, in Section
32, 13/21.
BEGINNING at the intersE~ction of a line which is parallel wi.t:.b. and· 30.00 feet
West of the West lir,Le of Lot 11 of Forsy·th Gardens No. 2, as said lot is shJ:>wn
ori the Map thereof, file~d in the Office of the County Recorder June 28, 1950
and recorded in Vo-lume l.5 of Plats at page 26, Fresno County Records, with a
l.i.ne which is parallel with and 30u00 feet North of the 1101:th line of said Lot
11,, being also, a point on the exi::lting City" Limits of the City of Fre~sno;
thence Westerly, along a line which is parallel with and 30.00 feet North of
the North lines of Lots 43 and 44, of said Forsyth Gardens No .. 2, being also,
al.ong; the exist1.ng City Limits of said City, to the intersection with the Ea~it
line of Section 31, TowriLship 13 South, Range 21. East, ~Mount Diablo Base and
Meridian, as said Section is shown on tb:e United States Cove1."11ment Township
Plats; thence Southerly, along the East .line of said Section 31, being also,
along the West line of Secti,on 32, of said Township and Range, being also,
· along; the exist:lng City Limi.ts of said City, to the intersection with a line
which is para.llE~l with aLnd 30.00 feet South of the South line of Lot 51, of said
Forsyth Gardens No. 2; thence Easterly, along the line whi-c.h is parallel ~rith
and 30.00 feet South of the South line of said Lot 51, to the intersection with
the Southerly production of the East line of said Lot 51; thence Northerly,
along. the Southetrly prod~uction of the East line of said Lot 51, and along the,·
East liues of Lots 51" 5i0, 49, 48 and 47 of said Fo'Csyth Gardens No. 2, to the
Northeas.terly corner of said Lot 47; thence NQrtheasterly, along the South-
easterly line of Lot 42, of ;1;aid Forsyth Gardens No. 2, and along the Northeast-
erly production of the Sout:heasterl:y line of said Lot 42, to the inte1~section
with a line which is parallel with an.d 30 .. 00 feet West of the West~ line of. said
to1: 11; thence Northerly, along a line which is parallel with and 30 .. 00 feet West
of the West line of said; I.ct: ll, to the POINT OF BEGINNING.
File No. 2203
Drawing No. 6-A-1233
Contains 3.32 Ac1:es
5/19/82
TWB/pt
.APPROVED ·LAFCl!J
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DATE
MARVIN L PANTER
Executive Officer
Exhibit "A"
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1 MAKING DETERMINATION AND APPROVING) RESOLUTION OF lJ~HE
FRESNO LOCAL AGENCY
FORMATION COMM.."CSSJ:ON
PROPOSED "HARVEY-PEACH #2 11 )
2 REORG~~IZ~~TION ) -·------------------3
4 WHEREAS, preliminary proceedings were initiated by the City
. 5 of Fresno to annex t.erritory g 1enerally located east of Peach Avenue
6 between Harvey cLnd Turner Avenues to the City of Fresno ar1d deta;ch
7 from-the Mid-Valley Fi're Protection District and Kings River
a Conservation District in the County o.f Fresno; and
9
10
WHEREAS, an application for sa.id proposal w~ts accepted f,or·
filing by the Ex.ecufci ve Officer 1of this Local Agency Formatj.on
Commission: and
I t
lll
12
13
14
15
16
l?
18
19
20
21
22
23
24
25
26
2'7
28
29
30
31
WHEREAS, said-application was set for hearing by the Executive
Officer on the 22nd day of September, 1982, at the hour of 1:30 p.m.
on said day; and
WHEJ::tEAS, 11otice of the l1eari:rt•g: of s•aid applicatiou was dul.y
given by mai.1# posting I and newspa:i.t;~er publication as required by
law; and
WHEREAS, the Exec·titive Officmr reviewed sai.d application antl
prepared a repo~t, including his .t·ecommendatior.ts thereon1 said
application and report having been p.resented to and considered by
this Comrniss;ion; elld
WHEREAS< this Commission considered all relevant facto.rs and
heard all interested parties wishing to speak on said appJ.icatiion;
and
WHEREAS 1 the Commission has reviewed and conside~ced the
information in the Negatiye Declaration as provided in the Executiv
Officer's Report duly prepared and filed by the City of Fresno.
~
NOW I THEREFORE, BE r.r RESQL.'i,l'ED that tht:; Local Agency Formation
Commission of the County of Fresno does HEREBY :RESOLVE, DETERMINE,
~.ND ORDER as follows:
~j:ion 1. Said proposal. is approved.., An.y resolution of
32 the conducting agency ordering this reorganization shall provide
IJt,tTY OF FRJ!:SNO
l!SNO. CAI..IFORHIA
io
•••
l. that such reorganization shall not be subject to any terms and
2, conditions.
Sectiot'L1. ... Said territory is found to be uninhabited and
4 is a~signed the following disti11ctive short form designatj.on:
5 11 Harvey-Peach #2°.
6 section 3. The City .o,f Fresno is designated as the COJ:'l.duc-t~ing ·
7 agency, and the governing l::1ody of said agency is 11ereby directed.
a to initiate reorganization proceedings in compliance with this
9 resolution.
10 Section 4.. Further proceedings shall be initiated by the
ll conducting age~ncy not later than 35' days after the dat:e of ad.optio1:1
12 of the Commission reisolution and s1':1.all be con;ducted ar.~d completed.
13 pursuant to required law. Proceedings and any resolution of
14 approval shall comp.1.y with the Conu:nission J s resolution. of approval ... ·
15 §~ction .§.. The Executive Officer is hereby authorized and
16 directed to mail ceitif i ed copies <)f this resolution ~:1.s J;irc::>vided
l? in Section 56272 of the Governn1.ent c,ode.
18 ~..DOPTED this 22nd day of September, 1982, by the folJ .. owing
19; vote:
20
21
22
23
AYES: Howard, Levy, Silva, Wilder
NOES: None
ABSENT:. Johnson
STATE OF CALl:FORNIA)
24 COUNTY OF FRE:SNO )
25 I, MARV'.'.t:N L. PANTER, Executive Officer of the Local Agency
Formation Cornmiss ion certi:Ey that the foregoing resolution was
26 adopted by the Fresno County L<jcal Agency Formation Commission,
California, aLt a regular meetiitg held on the 22nd day of September,
27 1982.
28 ~ £-P~
29 MARVIN L. PANr!'ER,. Executive Officer
UMTY ·a, fl'fl!IUNO
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