HomeMy WebLinkAboutResolution - City Council - 82-570 - 1982-12-21j
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RESOLUTION NO. 82-57~
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO INITIATING PROCEEDINGS FOR THE RE-
ORG11.NIZATION OF THE CITY OF FRESNO, THE
NORTH CENTRAL FIRE PROTECTION DISTRICT, THE
KINGS RIVER CONSERVATION DIS'J:1RICT IN"/OLVING
THE INHABITED TERRITORY DESCRIBED HEREIN
AND DESIGNATED AS THE PROPOSED SHAW-ROOSEVELT
NO. 4 DISTRICT REORGANIZATION, SETTING THE
TIME, DATE, AND PLACE FOR HEARING PROTESTS
THERETO, AND GIVING NOTICE THl~REOF
Ed B ie ti cki
WHEREAS, proceedings for this proposal were originally
under the provisions of the Municipal Organization Act (Morga)
of 1977 pursuant to the Council's Resolution No. 82-279 a.dopted
on J'une 22, 1982; and
WHEREAS, subsequent to the initiation LAFCO returned the
City's application becctuse the Morga does not provide for sim-
ultaneous detachment from the Kings River Conservation District
and the North Central Fire Protection District, as required by
State law and LAFCO policy respectively; and.
WHEREAS, Resoluti.on No. 82-279 was rescinded and proceed-
ings for a proposed reorganization were commenced by the Council
of the City of Fresno pursuant to i.ts Resol·ution. No .. 82-418,
adopted on September 14~ 1982; and
WHEREAS, the Fresno Local Agency Iro:r.mation Commission,
on the 24th day of November, 1982, met at the noticed time and
place to consider all :matters relevant to the proposed reor-
ganization and heard all persons interested therein, and
adopted at the time and in the form and :manner prescribed by
law its Resolution No. R0-82-59 "M~tking Determination and
Approving the proposed Shaw-Roosevelt No.. 4 District Reorgan-·
ization", a copy of which is attached hereto and identified
as Exhibit "A"; and
WHEREAS, the Fresno County As:sessor's Roll will be
used for the purpose of levying any assessments or taxes
on the subject property; and
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WHERE.AS, tlle subject territory proposed to be annexed
to the City of li'resno shall be ,exempt :l:rom taxation for the
payment of principal or interest, or any other amounts which
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 the reorganization pro-
ceedings f'or this proposal the subject territory will be included
in Municipal Bond .A.rea "D" and will not be taxed for any existing
bonded indebtedness or contractual obligation.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
by the Council of the City of Fresno as follows:
1. Proceedings are hereby initiated for the proposed
Shaw-Roosevelt No. 4 District Reorganization as
described in Exhibit RfB" an.d graphically depicted
in Exhibit "C" whE:=;rein the City of Fresno, the
North Central Fire Protection District, and the
Kings River Conservaton Distr:i.c~t are each subject to
a change of organization.
2. .All of the territory affected is within the County
of Fresno.
3. For the purpose of the proposed reorganization,
the subject. territory is found to be inhabit.ed.
4. The reasons for this proposed reor£ranization aJ::-e as
£ollows:
a. The subject territory is within the City of
Fresno's Sphere of Influence.
b$ The previous owners of three condominium
complexes within the project area signed a
Statement of Covents consenting to annexation
to the City of Fresno and whic:h. is binding upon
each successive owner of the condominium units ..
c ., It is advantageous for the ter1:-i tory within
the Shaw-Roosevelt No. 4 District Reorgan-
izatio1~ to be a part of the City of Fresno.
5. J'anuary 11, 1983 , at the hour of 3:00 p.m .. , in the
Council Chamber 11 City Hc:Lll, 2326 Fresno street,
Fresno, California, which date is not less than
fifteen days no,: more th.an sixty days after the
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date of adoption of this resolution, he, and is
herebyr established as the time, date and place
of hearing on the proposed reorganization .. At this
time and place any interested person desiring to
protest said reorganization shall do so by written
communication filed with the Clerk of the City of
F:resno not later than the hour set for hearsing ..
Written protests shall 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 descripticin suf-
ficient to identify the land owned by him .. A
written protest. by a resident-voter shall contain.
the residential address of such voter.
6. The Clerk of the City of Fresno shall give notice
of such hearing once in a newspaper of general
circulation at least fifteen days prior to the
date specified herein fQr hearing.,
7.. The Clerk shall further cause a copy of this re• ..
solution to be posted on or near the door of the
meeting place of the Council, said posting to be
commenced at least. fifteen days prior to the date
specified herein for hearing and continue bo the
time of said hearing.
8. ~rhe Clerk shall further cause notice to be mailed
to each person who owns land within the subject
territory a.nd to all other affected cities or dis-
tricts, and any other person who has a written re~-
quest for special notice. Such mailing shall be by
first class mail, postage prepaid, a,t least 15 days
prior to the day specified herein for hearing ..
9. The Clerk is hereby instructed to forward a copy of
this resolution to the executive officer of the ~resno
Local Agency Formation Commission.
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CLERK'S ~ERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF FRESNO ) ss,.
CITY 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 res1ula.:r meeting held on
21st day of December, 1982 •
JACQUELINE L. RYLE
Cj,pty Clerk
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APPRO'tJ 1EO A$ TO FORM
CITY ATTORNEY• S OFFICE
• .SOLU1'!0N NO.. R0-82-5 ...
1 MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE
FRESNO LOCAL AGENCY
FORMATION COMM.ISSION
PROPOSED 11 SHAW-RfJOSEVELT #4•1
)
2 , REORG.ANIZATION J
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.WHEREAS., preliminary proceedings were initiated by the City
of Fresno to annex territory generally located north of Shaw Avenue
on both sides of R<:,osevelt and Wishon A.venues to the City of Fresno
and detach from the North central Fire Protection !)istrict a:nd
8 Kings River Conservation District in the County of Fresno; and
9 WHEREAS, an applica.tion for said p:c-oposal was accepted for
10 filing by the Executive Officer of this Local Agency Formation
11 Commission; and
12 WHEREAS, said application was set for hearing by the Executive
13 Officer on the 24th day of November .. 1982, at the hour of 1:30 p .. m.
14 of said day; and
15 WHEREAS, notice of the hearini;r of said application was duly
16 given by mail, posting, and newspaper publ.ication as required by_
17 law; and
18 WHEREAS, the Executive Officei~ reviewed said application and "
19 prepared a report., ·including his r~~commendations thereon, said
20 application and report having been presented to and considere~d by
21 this Commission; and
22 WHEREAS, this Commission conside~red all relevant factors and
23 heard all interested parties wishing to speak cm said application; -
24 and
25 WHEREAS, the Commission has reviewed and considered the
26 information in the Negative Declaration as provided in this Executive'
27 Officer• s Report duly prepared and filed by the City of Fresno .. --
28 NOW, THEREFORE, BE IT RESOLVED that the Local Agency Format.ion
29 -Commission of the County of Fres,na does HEREBY RESOLVE_. DETERf',tINE~
30 AND ORDER as fol lows :
31 Section 1.. Said proposal is approved.. Any resolution of the
32 conducting agency ordering this r~or·ganization shall provide that
COUNTY OF ~RF.:SNO
~BESH.0, CALtFOF!NIA
EXf:IIBI'l'. "AH
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1 that such reorganization shall not be subject to any terms and
2 1 conditions ..
3 section 2 .. Said territory is found to be inhabited and
4 is a~signed the following distinctive short form designation:
5 11 Shaw•-Roosevelt #4 11 •
6 .Section 3.. The City of Fresno is designated as the conducti11g'
7 agency, and the governing body of said agency is hereby directed
8 to initiate reorganization proceedings in compliance with this
g re solution ..
10 Section 4. Further proceedint;rs shall be initiated by the
11 conducting agency not later than 35 days after the date of adoption
12 of the Commission resolution and shall be conducted and completed
13 pursuant to required law. Proceedings and any resolution ,of
14 approval shall comply wit.h the Commission• s resolution of approval ..
15 Section 5 . ., The Executive O:Efi.cer is ·hereby authorized and
16 directed to mail cer:t.ified copies <J,f this. resolution as pr<:lvided.
l? in Section 56272 of the Government Code ..
18 ADOPTED this 24th day of November, 1982, by the following vote:
19 AYES: Wilder, Howard, Johnson
20 NOES: . Levy ,..
21 ABSEN'I': Silva
22
STATE OF CALIFORNIA)
23 COUNTY OF FRESNO )
24 T, MARVIN L. PANTER, Executive Officer of· the Local Agiency
Formation commission certify that the foregoing resolution was
25 adopted by the Fresno County Local .,A..gency formation Commission,
California, at a regular meeting held on the 24th day of November,
26 1982.
27 (}Y\_wv~v\, £ ?a--v~v
28 MARVIN L. PAN1l.1ER, Executive Officer
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C:OUNTY OF !FRESNO
•A,E$NO, CAi,.tFORNlA
EXHIBIT nAn
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• • SH.At?-ROOSEVl~LT NO. L~
DISTRICT REORGA:·UZATION
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Area to be Detached from the North Central Fir~ Protection District, the Kings
River Conservation District and Annexed to the. City of Fresno ..
Consisting of Lots 1, 7, 8,,, 11...;·1,4, inclusive, portion of 18; 19-21, inclusive,
30, 32 and 33 of Marlo Palm Gardens, Tr.act 2570. Tract 2572,. Tract 2996')
Trar~t 3082:, Tract 3097, Tract 3098, and n portion of tha We:!st.: Half of Lot 90
of California Poultry Farm, lying in Section 9, 13/20, M,D.B.&M.
BEGINNING at the intersection of the South line of Section 9, Township 13 South,
Range 20 East, Mount Diablo Base and Meridian, as said Section is shown on the
United States Township Plats, with the Southerly pt·oduction of the East line oJ.
Lot 87 of Cal1..fornia Poultry Farm, as said lot is ~-hown on the Map thereof:> filed
in the Office of the County Recorder May 2, 1904 and re.corded in Volume 2 of
Recc,rd of Surveys at page 82, Fresno County Records.:, being also, a point on the
existing City Limits of the City 0£ Fresno; thence Northe.rly$ along the Southerly
production of the East line of said Lot 87 and along the East lines of Lots 87
and 82 of said California Poultry Farm, being also, along the West Boundary line
of Marlo Palm Ga.rdens, as shown on the Map thereof, filed in the Office oft.he
Courtty Recor<ler July 20, 1960 and recorded in Volume 20 of Plats at page 36,
Fresno County Records, being also, along t:he e}dsting City Limits of sa.:i.d C:i.ty,
to the :Northwest corner. of said Marlo Pallll Gardens; thenc<.~ Easterly, along the
North line of said Ma.rlo Palm Gardens,. being also, along the existing City Limits
of said City, to the intersection with the~ East line of Lot 80 o:f said California
Poultry Farm, being also the Northeast c.ot·ner of said Marlo Palm Gardens; thence
Southerly, along the East line of said Marlo Palm G,;irdens, being also, the East
line of Lut 80 .of said California Poultry. Farm, to the Northwest corner of Lot
90 of said California Poultry Farm; thence Easterly. along the North line of
said Lot 90, to the intersection with the East line of the West Half of said
Lot 90; thence Southerly, along the East line of the v1est Half of said Lot 90
and along the Southerly productton of the East line of the West Half of said Lot
90, to ·the intersection with the South 1:tne of said Section 9; thence Westerly,
along the South line of said Section 9) to the POIN1:t OF BEGINNINQ ..
File No. 2213
Drawing No. 6-A-1243
Contains 17.53 Acres
GBM/pt
6/3/82
Revised 8/20/82
GBM/pt
Revised 11/3/82
FEG/pt
APPROV£D ... LAFCCJ
~:i .. µ ·--DATE .
MARYi~-B., .PAN:r~a
-~~eeutive:.Ctffi.cet
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81
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APPROVEo -LAr:ca
lt-::it-s;;.. -______ ;_ _________ _.;... _____ nA~'-----------
iEGe,ND MARVIN L TE.
Executive Officor
........... Af?E.A JO ee. OE:TAl:,l-lf;O FROM 71/e Not<rf/ C/31-:fff<A(., Ft/Zc.
PROT!ZnolJ 015Tl<1c:r, rfle 1<-,tJes R1ve,e, c.o/11~/!:TlON 01:srR..1c,
AND ,&NAleteo "'To ,!IE cny OF FRes/JO .
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ALLOCATED TO co~ CIL ;STRICT NO . ---AS PER cou CIL.
01 T ICT A DATED 1 -t J. 811!
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FILE No.
ANNEX o.
223
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couNctL !STRICT No. _2=--
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