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HomeMy WebLinkAboutResolution - City Council - 82-569 - 1982-12-21• RESOLUTION NO. 82-569 RESOLUTION,INITIATING PROCEEDINGS FOR THE REORGANIZllTION OF THE CITY O:Et FRESNO, THE KINGS RIVER CONSERVATION DISTRICT AND THE MID VALLEY FIRE PROTECTION DISTRIC~L' 1 IN.,.. VOLVING UNINHABITED TERRITOR'l~ DESCRIBED HEREIN AND DESIGNATED AS THE PROPOSED NORTH-CEDAR NO. 3-B DISTRICT REORGAN- IZATION, SETTING THE TIME, D1LTE AND PLACE FOR HEARING PROTESTS THERETO, AND GIVING NOTICE THEREOF WHEREAS, proceedings for a proposed. reorganization were commenced by the Council of the City of Fresno pursuant to its Resolution No. 82-2, adopted on January 5, 1982; and WHEREAS, subsequent to the initiation the project bound- aries were revised to expand the project to the north and eliminate other ter:citcn:-y, including 160 acres of agricultural land, from the proposal.; and Ed Bi el i cki WHEREAS, Resolution Na .. 82-2 was rescinded and proceedings for a revised propos1ed reorganization were commenced by the Council of the City of Fresno pursuant to its Resolution No. 82-230,· adopted on May 25, 1982; and WHEREAS, the Fresno Local Agency Formation Commission on the 24th day of November, 1982, met at the noticed time and place to consider all matters relevant to the proposed reorganization and heard all pe:r:sons interE:!sted therein, and adopted at the time and in the form and manner prescribed by law its Resolution No. R0-82-39, "Making Determination and Approving the Proposed North- Cedar No. 3-B District Reorganization", a copy of which is at- tached hereto and identified as Exhibit 11 A11 ; and WHEREAS, the Fresno County Assessor's roll will be used f«::>r the purpose of levying any assessments or taxes on the subject property; and WHEREAS, the subject territory proposed to be annexed to the City of Fr~~sno shall be exempt fr,om 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.; upon com- pletion of the reorganization proceedingsi for this proposal the Page 1 of :l . . • • subject territory will be included in Municipal Bond Area "Dn and will not be taxed for any existing bonded indeo,ted- ness or contractual obligation. NOW, THEREFORE, BE IT RESOLVED, DETERMitJED AND ORDERED by the Council of the City of Fresno, as follows: 1. Proceedings are hereby initiated for the proposed North-Cedar No. 3-B District Reorganization as described in Exhibit "Bn an.d graphically de- picted in Exhibit "C" wherein the City of Fresno, the Mid Valley Fire Protection District and the Kings River ConservaLtion District are all subject to a change of organization .. 2. All of the subject territory affected is within the County of Fresno. 3. For the pu:tpose of the proposed reorganization, the subject territory is found to be uninhabited. 4. The reasons for this proposed reorganization are as follows: a. The subject territory is within the City of Fresno's Sphere of Influence! .. b. The owners of six parcels within the pro- ject area have consented to annexation to the City of :Fresno .. c. It is advanta:geous for the territory wit,hin the North-Cedar N0 .. 3-B District Reorganization to be a part of the City of Fresno. 5. January 18, 1983, at the hour of 3:00 p .. m., in the Council Ch.amber, City Hall, ,2326 Fresno Street, Fresno, California, which date is not less than fifteen days nor more than sixty da,ys after the date of adoption of this rese>lution is hereby es- tablished ias the time, date a;nd place of hearing on the proposed reorganization .. At this time and place any interested person des;tring to protest said re- organization shall do so lby w,;citten communication filed with the Clerk of the City of Fresno not later than the hour set for hearing .. Written protests shall Page 2 of 3 . . • • be signed and submitted after the adoption of this resolution and shall contain the date of signature~ A written protest by a landowner shall contain a descripti~.n sufficient tci identify the land owned by him. 6. The Clerk of the City of Fresno shall give notice of such hearing once in a newspaper of general circvlation at least fifteen days prior to the date specified herein for hearing .. 7. 1rhe Clerk shall further cause a copy of this resolution to be posted on or near the,door of the meeting place of the Council, said posting to be commenced at least :Eifteen days prior to the date specified herein for hearing and continue to the time of said hearing. 8.. , The Cle:i::k shall further c1:1,use notice to be mailed to each person who owns land w.ithin the subject territory and to all othe:c affected cities or dis-.. tricts, and any other person who hafl a written re-· quest for special notice. Such mailings shall be by first class mail, postage prepaid, at least fifteen ~ days prior to the day specified herein for hearing. 9. The Clerk is he:r:·eby instructed to forward a copy of this resolution to the Executive Officer of the Fresno Local Agency Formation Commission. CLERK'S CER'rIFICATION . STATE OF CALIFORNIA) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, JACQUELINE L. RYLE, City Cle:r:·k 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 21st ___ day of December, 1982 .. A::,r.,i:l'•'i~D AS TO FORM' C'J~TY ATTORNEi1Y•S OFF:tCC .. • 1fOLUTION NO. R0-82-39 1 MAKING DETERMINATION 2-\ND APPROVING) RESOLU1r ION OF TB:8 FRESNO LOCA.L AGENCY FORMATION COMMISSION PROPOSED "NORTH-CEDAR #3--B" } 2 1 REORGANIZATION } -------------------- 4 _WHEREAS1 preliminary proceedings were initiated by the City 5 of Fresno to annex: territory ge.nerally located west of .F'reeway 99 6 and east of Orange Avenue between North and Malaga Avenues to the ? City of Fresno and detach from the Mid-Valley Fire Protection 8 District and Kings Ri ~1er Conservation District in the County of 9 Fresno; and 10 WHEREAS, an application for said proposal was accepted for 11 filing by the Executive Officer of this Local Agency Formation 12 Commission; and . . 13 WHEREAS, said application was set for hearing by the Executive 14 Officer on the 24th day of November, 1982, at the h,:J.ur of 2:15 p.m. 15 of said day; and 16 WHEREAS, notice of the hearlng of said application was duly. l? gi ve::i by mail, _posting, and newspaper publication a:a required by 18 law; and 19 WHEREAS I t.he E:x:ecuti ve Officer reviewed said a39plication and 20 prepared a report, including his recommendations thereon, said 21 application and report having been presented to and considered by 22 this Commission; and \ 23 WHEREAS, this Commission considered all relevant factors and 24 heard all. interested parties wishing to speak 6n said application. 25 NOW, THEREFORE, BE IT RESOLVED that t~e Local Agency Formatioll; 26 Commission of the County of Fresno does HEREBY RESOLVE, DETERMINE, 2? AND ORDER as follows: 28 Section 1.. Said proposal is approved,. 'Any rest>lution of the 29 conducting agency ordering this reorganization shall provide that 30 such reorganization shall not be subject to any terms and conditions 31 conditions. COUN"l'Y OF 1'RESN0 "'"fiE$H.O, GA;li.:AFORNIA E.XH:CBIT uA'' Page 1 of 2 . .. • l Section 2. Said territory is found t,o be u11inhabited a:r:td 2 t is assigned the following distinctive short form designation: 3 "North-Cedar #3-B". 4 Section 3. The City of Fresno is designated as the conductihg 5 agency, and the governing body of said agency is hereby directed 6 to initiate reorganization proceedings in compliance with this 7 resolution. 8 Section 4. Further proceedings sh~:111 be initiated by the 9 conducting agency not Later than 35 days after tbe date of adoption 10 of the Commission resol·ution and shall be conducted and completed l.l pursuant to required law. Proceedings and any resolution of 12 approval shall comply with the Commission rs resolution of approval. 13 Section 5. The Executive Officer is hereby authorized and 14 directed to mail certified copies of this resolution as provided 15 in Section 56272 of the Government Code.· 16 17 18 19 20 ADOPTED this 24th day of November, 1982, by the following vote: AYES: H?Ward, Levy/ Wilder/ Johnson NOES: Silva ABSENT: None STATE OF CALIFORNIA) 21 COUNTY OF FRESNO ) 22 I, MARVIN L. PANTER, Executive Officer of the Local Agency Formation Commission certify that the foregoing resolution was 23 adopted by the Fresno County Local Agency Formation Commissi.on1 California, at a regular meeting held on the 24th day of November, 24 1982. • 25 (]'/I~ @t=tt__ 26 MARV:tN L .. PANTER, Executive Officer 27 28 29 30 31 32 C:O\.ll'tTY QF FRESNO FR£S~t0, ,C,M.IFORNIA EXHIBIT HA" Page 2 of 2 • NORTH-CEDAR NO .. 3-B DISTRICT REORGA.~!ZATION • Area to be Detached from the Mid-Ve..lley Fire Protection District, the Kings River Conservation District, and Annexed to the City of Fresno. Consisting of the following -. . All of Lots 40, 41, 56, 57, 69, 70, 75> 76, 85, 86, 91 and 92, Portions of Lots 8, 9, 24, 25, 26, 39, 42, 55 and 58, all o:E Malaga. Tract, lying in Sections 25 and 36, 14/20; and a portion of Section 26, 14/20, M.D.B.&M .. BEGINNING at the intersection of a line which is parallel \'tith and 75 .. 00 feet East of the East line of the West Half of the West Half of Lot 8 of M:alaga Tract, as said lot is shown on the Map thereof, filed in the Office of the County Recorder January 5, 1884 and recorded in Volume 2 of Plats at pa.ge 17, Fresno County Records, with the North line of Section 25, Township 14 South, Range 20 East, Mount Diablo Base .and Meridian, as said Section is shown on the United States Governm~nt Township l?lats, being also, a point on the exiting City Li:mits of the City of Fresno; thence Westerly, · _along the North line of said Section 25, lbeing also, along the existini;r City Lind ts • r:)f said city, a distance of 405. 36 feet, to the Northwest corner of said Section 25,. being also, the Northeast co:r·ner of Sectii:>n 26t of said Township and Range; thence south 00°-34 '-44° West, along the East lil[le of the North Half oi the N1ortheast Quarter of said Section 26, being also, along the existing City Limits of said City, to the Southeast corner of the North Half <,f the Northeast Quarter of said Sectior1 26; thence North 89°-47'-06 11 West, along the South line of the North Half of the Northeast Quarter of said Section 26, being also, along the existing City Limits of said City, a distance of 507.54 feet; thence continuing North 89°-~i7~-06° West,.along the South line of the North Half of the Nortli.east Quarter of said Section. 26, to the intersection with the .. West line of the Northeast Quarter ()f said Section 26 i thence St)Utherly, along the West line of the Northeast.Quarter of said Section 26, to the center corner of said Section 26i thence Easterly, along the South line of the Northeast Quart~:!ir of said Section 26, to the intersection with the East line of said Section 26; thencE~ Sout~herly; along t:h.e East line of said Section 26, to the Southeast corner'~ of said S~c:tion 26., being also 1 the Northwest corner of Section 36, of said Township and Range; thence Southerly, along the West line of said Section 36, to the West Quarter corner of said Section 36; thence Easte.rly, along the South line of the Northwest Quarter of said Sectio:t1o 36., to the center corner of said Section 36; thence Northerly, along the East line of the Northwest QuarteJC' of said section 36, to the Nc>rth Qmitrtex' corner of said Section 36, being also, the South Quarter corner of said S~ction 25; thence Westerly, along the SotLth line of the So,.1thwest Quarter of said Section 25, to the intersection with the East right of way line of tfo:'! Atchison, Topeka and· Santa Fe RailJ::oad; thence Northerly, along the East right of way line of said Railroad, to the~ int~:¼rsection with the Northeasterly right of way line of the California State Freewaty No.. 99; thence Northwesterly, along the . Northeasterly right of way line of said CaLlifo:tnia State Freeway No. 911J I to the inter::.. section with the East line of the Wesi: Half of the West Half of .Lot 9 ·c)f said Mala~ra Tract; thence Northerly, along the East line oj~ the West Half of the West Half of said. Lot 9, and alo~g the East line of the West Hali.: of the West' Half of said Lot 8, to a point which is 200 .oo feet South of the No,rth J.ine of said Section 25; thence JE:asterl.y, pard.llel with the North line of said Sectii::m 2S, a distance of 75,.00 f•~et; thence North- erly, a distance of 200.00 feet; to the :POINT OF BEGINNING. File No. 2158 Drawing No. 6-A-1188 Contains 350+ Acres Revised 5/3/82 TwB/vc APPi~ OVE[fl • J..AFCO . !f ... ~~J+-?:J.. ~-'--:-e ..... ·-£.. -·-H ' Revised 8/26/82 'lWB/pt £>ATE . ,.,.,., " j:; A.1ARVIN L. PANTER Executive Officer EXHIBXT "B 11 t '! ., - .S ~.,.,,,,,£ /Y ~ #E4_ s~er. :z~ ,,~"' ,, 1 i ! i i i i ~ i i ~ i ; ! i ! i : ! ! i ?~~~ ~: .. ('9\::::::::::::::::: ~~:c;-~n-.: :~ .. : : : : : : ; .....•... ·A-'~-.r.e~r. ·.:tr:; ....... . . . -... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ,.,: :: : : :: : : : : : : :: :: : : . ::::::::::::::: r ::::::: :: :::::===: ::::·:::::====:= ~::::::::::::::::::: ........... . Ce;,,y7i!!: ~ _,., S..ecr. ~~~ ~" 7.3 87 B.P s,o iV ~ co . J'~c.r. .7.; /'!f{p --------------· • . ...... . . . . . . . .... -.... ........ 4~ ........ . . . . . .. . . 86 ... .. . . . . . . . . . .. . :.Y.. 9.~::. : : : : .. -.. -....... . ............. -..... -..... s.:r 5 ~ (:.o;('. SEcr. .Z~/%, S8 S ~.,,.,.,,.. Sl#'ft, S.&er. .:ts; ..,:1£. . . .. . . . . . . . . ... 7~ ::: ::::: . .. .. ......... t. ..... . : : : : : : : P.~;::: . ........ -.. . . ....... . . ....... . ~3!. A~ 1 ..J7A T,;!; ~EL'~· ,Y 43 77 ~3 c~~ c~ S£CT-3~ /-#., 71 E. MA~.At:A- • Av. L APPROVED -LAFCD 11-~'f-P. _ DATE t-..1A VI L. PA Jf:, [·==3·········· .,,,, .,, ~ ,,,,, ~ ~utive Officer /-lRE.A re, ee..DerACHe.o r~~ r/2'.e /V//0-//AL.L..&Y / 7Re /-"ROTeCT/0/V . ........... . . . . . . . . .. . . ..D/STR/CT; T#cA?/Y'u..> ,,f'/ve,e CoHS~YAT/ON..D/ST.-f"/C?; ,,,(;1',,?,,,,¢,y,,,yexBt:> ro rfi'~-C/rr or,,,Z.r'?e:s/Vo, R.&.v. -o/""...c/e~ 7w:&> /'VoRr#-C.c.D-4~ /Y~ .3-B .D/STR/C T J'? L:ORGA/Y'/ZA T/0/V' C ~/i'TA/¥ ~rs ~D ,.e,G?~r. o~ L~r..s c;c ~L.4t:;.,4 /~Aa:; /Y/A/6 /# S,,e~r,,-,oA/.f 2..S-c.'c .36_, ~O.}~ AA"L:> A .,,OdRT. O;tt:-.5.ecn'OAI' 26; /-p"'~~ ~ .L)-.z:3 . .5c /YT. . ALLOCAT ED TO CO~NCIL D,STRICT NO. .3 AS PER COUN CIL DISTRICT MAP DATED 1-2 2 -32 FILE No. ANNEX No . ACRES= .350±:.. __ COU CIL DISTRICT No . ___.3 ___ _ EXHIBIT "C" C OI. ~ l ... PROPOSED NORTH-CEDAR No . 3-B [.CVfTRAu DISTRICT REORGANIZATION (Approximate Scale) .. ., "' s i .. .. .. ,.-.: .. :-;-___. ~....., .. -=~ • I .. r·· if IIITtfl..._ i p~ i i .... CAH'!ONIIO -- . -.. - ..... \' trN. -u ..... fT -.~ < .__ ..... . .................... _...._..,. ~- ) 0 C - Roosevelt Com111u11ity Pia,, •• • •