HomeMy WebLinkAboutResolution - City Council - 82-562 - 1982-12-14I
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RESOLUTION NO .. 82 --5 62 ---··-
A RESOLUTION OF THE COUNCIL OF THE C!TY
OF FRESNO, CALIFOJ:lNIA, IN THE M.A.TTER OF
THE SHIELDS-BRAWLEY No~ 2 DISTRICT RE-
ORGANIZATION ORDERING A R'.E:ORGANIZATION
OF THE CITY OF FRESNO, THE NORTH CENTRAL
FIRE PROTECTION DISTRICT AND THE KINGS
RIVER CONSERVATION DISTRICT ..
Ed Bielicki
WHEREAS, the Council of the City of Fresno, pursuant to its
Resolution of Application No .. 82-198 adopted on May 4, 1982, re-
quested the Fresno Local Agency Formation Commission to take appro-
priate proceedings for the annexation of the subject territory to
the City of Fresno; and
WHEREAS, the proposed reorganization known as Shields-Brawley
No. 2 District Reorganization is described in Exhibit nAn and graphi-
cally depicted in Exhibit n:s 11 ; and
WHEREAS, with notice given according to law, LAFCO met on
August 25, 1982 to hear interested persons and consider the pro-
posed reorganization; and adopted Resolution No .. R0-82-45 "Making
Determination and Approvinsr Proposed Shields-Brawley No. 2, Dis~~
trict Reorganization•~ of the City of Fresno,, the North Central Fire
Protection District a.nd the Kings River Conservation District; and
WHEREAS, LAFCO Resolution No. RO-82-45 authorized the Council
to conduct the proceedings for the reorg,anization in the manner
provided by law; and
WHEREAS, on November 9(/ 1982 the Council initiated proceedings
for the proposed reorganization by adopting Resolution No. 82--522,
"Resolution initiating proceedings for the :reorganization bf the
City of Fresno, the North Central Fire Protection District and the
Kings River Conservation District", and set a hearing on the proposed
reorganization for December 14, 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 reorganization; and
WHEREAS, the Council conducted a hearing, at which time all
persons who wished to object to the proposed reorganization were
heard; and
Page 1 of 3
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WHEREAS, written protests or objections to the proposed re--
organization, delivered to the Clerk of the City of Fresno before
the hour set for 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 consideration of protests,
LAFCOts resolution making determination and approval was presented
to the Council and summarized; and
WHEREAS, the Council considered all factors required by law
for a reorganization; and
WHEREAS, the Council determined that the territory to bE~ re-
organized is uninhabited and that written protests filed and not
withdrawn represented less than fifty percent (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 te:i::·ritory proposed to be annexed to the City of
:E'resno will be exempt from taxation for the payment of principal
or interest, or any other amounts which sh.all become due on
account of any outstanding bonded indebtedness incurred by tht~
City prior to the effective date of such annexation, and upon com-
pletion of this reorgciniza.tion proposal, the subject ter:citory will
be included in Municipal Bond Area "D" and will not be ta.xed for
any existing bonded indebtedness or contractual obligations; and
WHEREAS, pursuant to Fresno MuniciI?al Code Section 2-208, the
subject territory is allocated to Council District No ... 1.
NOW I JJ:1HEREFORE, BE IT RESOLVED by the Council of the City of
Fresno as follows:
1. The Council hereby orders that the territory
referred to as Shields-Brawley No. 2 District
Reorganization and described in Exhibits nAn
and "B", attached hereto, be anne:..-ted to the
City of Fresno, and the same territory be de•-
tached from the Kings River Conservation Dis~
trict and the North Central :Fire Protection
District of Fresno County.
Page 2 of 3
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2. This reorganization is in the best interest o.f the
territory of Shields-Brawley No .. 2 District Reor-
ganization, and lands have not been improperly
o:mmitted from or included within this reorganiza-
tion.
3. The reasons for this l."eorganization are:
a. The subject territory is within the City of
Fresno's Sphere of Influence.
b.. The annexation is being processed as a result
of several requests for annexation from pro-
perty owners within the project area.
c. It is advantageous for thie territory within
the Shields-Brawley No. 2 District Reorganiza--
tion to be a part of the City of Fresno ..
4. LAFCO's condition of approval requires the City to
in.i tiate a proposal to anne~x the unincorporated area
to the east of the subject proposal,. This proposal
is designated as the Clinton-Marks No .. 4-B District
Reorganization and will be schieduled for Council
initiation in the near future.
IT IS FURTHER RESOLVED by the Council of the City of Fresno that
the Shields-Brawley Noe 2 District Reorganization be and is hereby
allocated to Council District No. 1 .
STATE OF CALIFORNIA)
COUNTY OJ:~ FRESNO ) ss ..
CITY OF :PRESNO )
. CLERK I S. CER~~IFICATION
I, JACQUELINE L. RYLE., City Clerk o.f the City of Fresno,
certify that the :foregoing resolution was adopted by the Council
of the City of FrE~sno, California, at a regular meeting held on
the · 14th · day of · December, 198,3 •
JACQU;ELINE L .. RYLE
City Clerk
Page 3 of 3
!PP.ROY!» AS TO ,OMf·
CITY ATTORNBY' S OFF!ltCI
SHIELDS-BRAWLEY NO .. 2
DIS'l'RICT REO.RG,iU-IIZATION
Area to be Detached from the Nor·th Central Fire 'Protectio11 District, t:he Kings
Riviar Conservation District, and Anne:.:ed to the City of Eresne ..
Consisting of Lots 7, 10 and portions of Lots Sand 11, of Victoria Colony,, lying
in Section 25, 13/19, M.D.B. & N.
Beginning at the intersection of the East line of the West Half of Lot ll, of
victoria Colony, as said lot is shown o:n the Hap thereof, filed in th1a Office
,of t11e County Recorder Januacy 13, 1891 and recorded in Vol1J1ne 4 of Plats ,;it
pag,e 61, f'resno County Reco.rd.s, with the south line of Lot 6 of said. Victo:1:ia
Coli:::my, being also, a point on the ~xisting City Limits of the City of Fresno;
thence Westerly, along the South line of said Lot $, being also,. along the exist-•
ing City Limits of said City, to the Southwest corn.er of sa~d Lot 6; thenc,~ Uorth-
e:l.y, along the West l.ine of said Lot 6, and along the Northerly production of
the West line of said Lot 6, being also, along the existing City Limits of said
Ci-ty, to the intersection with the South line· of the Southwest Quarter of Section
24; Township 1.3 South, Range 19 ·r.:ast, Mount Dia.bl.a Base and Meridian, a$ SEJ.id
Section is shown on the United States Government Tqwnship Plats; thence We~rterly,
along the South line of the Southwest Quarter of satid Section 24 t being alsio, aloni1 •
the existing City Limits of said City, to the southwesi; corner of said: Secst:ion 24,,
bei.ng also, the Northwest corner of Section 2S-, of .said Township and :Range; thence
Scn.itherly, along the West line of the Northwest Qua;rteJt of said. Sect:Lon 2S:1 to t,b,e
intersection with the WesterJ.y production of the Sc,u"!h line of thEt South Ha.lf of
· the North Half of the South Half of Lot 8 of said V"i.c:to.ria Colony~ thence Easterly,
a.long the Westerly production of the South line of the South Half of the North Hal.f
of the South Half of said Lot 8 , and along the Soui:,h line of the Sou.th Hal! of the
:N'orth Half of t'.he South Half of said Lot 8, to t.he intersection with the West line
of Lot 7, of sa.id Victoria Colony; tb.ence southerJ.y·, along the West lines of Lots
7 and 10, of said Victoria Colony, and along the Southerly production of.the West
lir~e of said Lot 10, to the intersection w:tth ·the South. line of the North.west
Quarter of said Section 25; thence Easterly, along the sout..~ line of t.i.11e Nort11-
west Quarter of satid Section 2S., to the intersection with the Southerl:y production
0£ the East line of the West Half of said Lot ll; thence Northerly along 't111e
Southerl.y productj.on of the Ea.st l.ine of the West Half of said:, Lot ll.T and along ·.
thE~ East l.irie of the West Hal.f of said Lot ll, to the point of Beginning ..
FiJ.e No. 2181
Drawing No~ 6-A-1211.
Cor1.tains 65::t_ Acres
'l~v'B January 26, 1982
APS/BL/vc
APPR □VEO ·LAFCW 8 & 4ri :S .. _32 __ .__
CATE
MARVIN L. PANTER
executive Officer .
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ALLJCATED TO CO'JN IL DiSTRICT tJO . __ l_ AS PER COU. ClL
OIST?.ICT MAP DATED 1-2 2 · 82
FILE l o .
ANNEX No.
A,CRES =
2181
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MAKING DETERMINATION AND APPROVING)
PROPOSED "SHIELDS-BRAWLEY #2 11
)
REORGANIZATION )
RESdL~OTION OF TEE
FRESNO LOCAL AGEMC'i
FORM.t\TION COMMISSION
_,
,WHEREAS, preliminary proiceedings were initiated by the Cit.y
of Fresno to annex territory generally located. near Shields and
Brawley Avenues to the City of Fresa:10 and detach from the North
Central Fire Prot:ection District ancl Kings River C<:>nservation
8 District in the co·un.ty of Fre,sno; and
9 WHl:!REAS, a1:1 application for sa.:Ld proposal was accepted foI~
10 filing by the E:itecu·t'i ve Of fic:er of 1:his Local Agen>cy Fo.t·rnation
11 Commission; and
12 WHEREAS, s,aid application was set for hearing by t.he Executive
13 Officer on the 25th day of August, 1982,, at the hour <::>f 1:30 p .. m.
14 of said day; and
15 WHEREAS, 11otice of the hearing, of said applic,a.tion was duly
16 given by n1.,ail, posting, and n.ewspap~~r publication as required by
17 law; and
18 WHEREAS, the Executive Officer reviewed said application and"
19 preJ;Jared a report, including his recommendations thereon, said
20 application and report havi119 be·en present.ed to. and considered by
21 this Commission; and
WHEREAS, this Commissiori considered all relev;ant .factors i:::J.nd
23 heard all interested p~rties wishing to speak on said a.pplicat.ic,n;
24 and
.
25 WHEREAS, the Con:rrnission has reviewed and qonsidered the
26 information in the Negative DeclaJ:ation as provided in the Executive
.27 Officer's Report duly pre:pared and filed by thet City c:d: Fresno:,.
28 NOW, THEREFORE, BE IT RE.!SOLVED· that the Local Agency Forro.ation
29 Commi.ssion of the county of I 1resno does HEREBY RESOLVEi, DETERMINE,
30 AND ORDER as follows:::
31. Sectio!L..l. Said proposal is approved subject to the terms
32 and conditions hereinafter specified. Any resolution of the
U~d,rF"'~NO
!!,NQ. C:,M,.tirOR'4&.r.
l conducting agency ordering this: reorgani:zation sh.all pr<:)vide that ...
2 such reorganization shall be subject to the following terms and
3 conditions :
4 .1.. Prior to completion of this proposal, the City shall
5 initiate a proposal to annex the unincorporated surrou1:1,ded area
6 to the east, north of Clinton .Avenue~.
7 Section 2. said terri tor~t is · :found to be uninhabited and
8 is assigned the following disti.ncti11e short form designation:
9 11 Shields-Brawley #2".
10 Section 3. The City of Fx~es110 ;Ls designated as the conducting
11. agency, and the gover1"1ing body 1::>f sa:Ld agency is hereby directed
12 to i.nitiate reo1:ganizatio1'l proceedi.t1gs :hi compliance with this
13 rese>l ution.
14 S~ction .. 't• Further proceedings shall be initiated by the
15 conducting agency not later than 35 days·after the date of adoption
16 of the Commission resolution and shall be conducted and completed
l
17 pursuant to required law. Proceedings and any resolut.:Lon of
18 approval shall comply with the Cornn1issj,on • s resol1.1tion of approval.
19 Sec·tion 5.. The Executive Of£icm~r is hereb"t;J' authorized. and __ ,___ . .l.
20 directed to mail certified copies of this reso1utio11 as provided
21 in Section 56 272 of the Governtner1t Code ..
22
23
24
25
26
ADOPTED this 25th day of 1\ugust,, 1982,. by the following vo-t::.e~
AYES; aoward, satterberg, LeV;t·, Silva, Johnsor1
NOES: None
ABSENT: Wilder
STATE OF CALIFORNIA)
27 CO~"TY OP FRESNO )
28 I, Mll.RVIN L. PANTER, Executive Officer o:E the Local. Agency .
Formation Commission certify that ·the foregoi.;ng resolution was
29 adopted by the Fresno County Local Agency Formation Corr.tnission"
1. California, at a regular meeting held on the 25th day of August,
30 1982..,
31
32
(}r~'"""g?~~
MARVIN' L. PANTER, Executive Officer
UkTY l;)I"' Fl'l~Sl-10
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