The URL can be used to link to this page

Home My WebLink AboutResolution - City Council - 82-582 - 1982-12-21.. • • RESOLUTION NO. 82 ... 582. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALI]'ORl~IA, · IN THE MATTER OF THE WASHINGTON-GI-1.RDEN NO .. 4 DISTRICT REORGANI.- ZATION ORDERING A '.REORGANIZATION OF THE CITY OF FRESNO, THE MID VALLEY FIRE PRO- TECTION DISTRICT AND THE KINGS RIVER CON- SERVATION DISTRICT. Ed Bielicki WHEREAS, The F:resno City Council, pursuant to its Resolution No .. 82-341 adopted on August 3, 1982, requested the Fresno Local Agency Formation Commission to take appropriate proceedings for the annexation of the subject territory to the City of Fresno; and WHEREAS, the proposed reorganization known as Washington- Garden No. 4, is described in E:x:hibit nAu and g:raphically depicted in Exhibit ''B"; and WHEREAS, with notice given according to law, LAFCO met on October 27, 1982 to hear interested persons, consider the pro- posed reorganization, and adopted Resolution No. RO-~82-55, uMaking Determination and Approving Proposed Washington-Garden No. 4 District Reorganization " of the City of Fresno,, the Mid Valley Fire Protection District and the Kings River Conservation District; and WHEREAS, Resolution No. R0-82·-55 authorized the Council to conduct the pr<:>ceedings for the :reorganization in the manner provided by law; and WHEREAS, on November 16, 1982, the Council initiated pro"- ceedi.ngs for said proposed reorganization by adopting Re- solt1tion No. 82-527, "Resolution Initiating Proceedings for ,the Reorganization of the City of Fresno, the Mid VallE~y Fire Protection District and the Kings River Conservation District", and setting a hearing for the proposed reorgan- ization on December 21, 1982 at 3:00 p .. m .. , in the Council Chamber, City Hall, 2326 Fresno Street, Fresno, California, 93721; and WHEREAS, the Council gave the required 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 pe:r:-sons who wished to object to the proposed reorganization; and WHEREAS, protests or objections ln writing to the pro- posed reorganization, delivered to the Clerk of the City of Fresno before the hour set for hea:r·ing, were considered and are on file. in the office of the Clerk of the City of Fresno, county of Fresno, State of California; Etnd WHEREAS, at said hearing and prior to consideration of protests, L.AFCO z s resolution making determination and approval was present19d 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 inhabited territory as defined by law and that written protest filed and not withdrawn re- presented less than twenty-five percent (25%1 of the number of landowners. within all territory proposed to be annexed, owning not more tha.n 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 t<) vote as a result of residing within o.c owning land within such territory; and WHEREAS~ the Fresno County Assessor's roll will be used for the purpose of levying any assessments or taxe~; on the subject territory; and WHEREAS, the subject territory proposed to be annexed to the City of Fresno will be exempt from taxation for the payment of principal or interest, or any other amounts which shall beicome due on account of any outstanding bonded indebt- edness incurred by the City prior to the effective date of such annexa.tion, and u.pon completion of this reorganization proposal, the subject territory will be included in Municipal Bond area 11 D" and will not be taxed for any existing bondjed indebtedness or contractual obligations. Page 2 of 4 I • NOW, ·rHEREFORE, BE IT RESOLVED by the Council of the City of Fx·esno as follows; 1. The Council hereby orders that the terr;Ltory referred to as Washington-Garden No. 4 District Reorganization, and described in Exhibit 0 AH ruid . graphically depicted in Exhibit 0 B0 attached hereto be annexed to the City of Fresno and the same territory be detached from the I<ings River Conservation District and the Mid Valley Fire Protection District of Fresno County. 2~ The proposed reorganization is in the best interest of the territory of W,;1shington-Garden .Nfo. 4 District Reorganization and lands have not been improperly omitted from or included within this rEtOrganization. 3. For the purpose of the proposed reorganization, the subject territory is found to be inhabited .. 4. Th€! reasons for this proposed reorganization are as follows: a. The subject territory is within the City of ,1'1:resno's Sphere of Influence. b. Municipal services will be more efficiently and e,conomicall y provided .. c. The proposal is in response to a LAFCO condition of approval applied to Grant- Garden No-1 District Reorganization, whereby recordation of said Grant-Garden No. l would be held in abeyance pending rece:i.pt •Of an an- nexation proposal for the subject: territory. d. It is advantageous for the territory within the Washi~gton-Garden No~ 4 DistJ~ict Re- organization to be part of the City .. :Page 3 of 4 • 5. This rieorganization shall be completed without an election in that the property is inhabited and the Council finds that wri tte~r1 protests filed and not withdrawn represent less then twenty-fiv<·e percent (25%) of the number of landowners within all territory proposed to be annexed, owning not more than twenty-five percent (25%) of the: assessed value of land therein, and less than twenty-f i 1te percent (25%) of the voting power of vote:es entitled to vote as a result of res~.:iing within or owning land within such territory. IT IS FURTHER RESOLVED by the Council of the City of Fresno that the Washington-Garden No. 4 District Re<)r~ranization be and is hereby allocated to Council District No. !5 .. CLERK 1 S CERTIFICATION STATE OF C:Ai.LIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, JACQUEL~NE L. RYLE, City Clerk of the City 10£ Fresno, certify that the foregoing resolution was adopted bJ_t 1::.he Council of the City of Fresno, California, at a regular meeting held on the 21st day of December, 1982 • -·----------- JACQUELINE L .. '.RYLE City Clerk APPROVSD AS TO ~OJUJ!· CI'J'Y ATTORNEY, S OFF"IOE - ~age 4 of 4 ... WASHINGTON--GARDEN NO. 4 DISTRICT REORGANIZATION Area to be Detached from the Mid Valley F:Lre Protection District., the Kings Ri.ver Conservation District ,and Annexed tc;i the City of Ftesno * Consisting of E.D. Po~ter Tract, Easterby Park Sub. No. 1 and portions of Lefts 15 and 16 of Easterby Rancho, lying in Section 6, 14/21, M~D.B.&M. BEGINNING at the Northeast corner of the Northwest Quar.ter of the Northwest ·0 Quarter of the Northwest Quarter of Section 6, Townshipl4 South, Range 21 East, Mount Diablo Base and Meridian, as sa:f.d Section i~~ shown. on the United States Government Township Plats, being also, a ppint ott the existing City Limits of the City of Fresno; thence Westearly, along th~i North line of the Northwest Quarter of the Northwest Quarter. of the Northwest: Quarter of said Section 5·; being also, along the existing City Limits of said City, to the intersect::i.on with a line which is parallel with an.d 50.00 feet East of the West line of said Section 6; thence Southe.rly, along a line which is pa:ralle--i; with and 50.00 feet East of the West line of said Section 6, being also, alon,g the existing City Limits of said City,. to the intersectipn with the center line of Madison Avenue; thence Southeasterly, along the ,cer~ter line of Madiscm Avenue, being also, along the existing City Limits of sald City, to the inter- section with the Northerly production of the East line o;E Lot 20, of E.D .. Por·te.r .. Tract, as said lot is :phown on the Map thereof, filed in the OfficE:.! of the County Rec.order on November 14, 1939 and recorded in Volume 11 ()f Plats at page 87, Fresno County Recorder; the.nee Southerly, along the Northerly p)~oduction of the East line of said Lot 20 and along the East lines of Lots 20-22., Irtclusive, of said E.D. Porter Tract and also along the So\1therly production of the East l:i.ne of said Lot 22., being also, along the existing City Limits -0£ sai.d City) to the. inter•~ section with the South line of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 6; thence Weste"tly, along the Sc>uth line of the. Northwest·Quarter of the Northwest Quarter of the Northwest Quarter of said S1ection 6, being also, along the existing City Limit;s of said City, to the intersection with the West line of said Section 6; thence Southerly, along thE~ West line of said Se,,ction 6, being also, along the existing City Limits of sai.d City, to the intersection with the North line of the South Half of the sc,uth Half of Lot 16 of Easterby Rane.ho, as said lot is shown on the Map thereof,, filed :Ln. the Office of the County Recorder June 24 :l 1980 and recorded in Volume 2 of Plats at Page 6, Fresno County Records; thence Easterly, along the North line of the South Half . .pf the South Half of said L0-t 16, being also, along the existing City Limits of said City, to the intersection with the East line of said. Lot 16; thence Northerly, along the East line of said Lot 16, being also, the West li.ne of Lot 15 of said Easterby Rancho, being also, along the existing City Limits of said City, to the intersection with a line ,;;1hich is parallel with and 165.17 feet South of the South line of the. Northeast Quarter of the North-west Quarter of the Northwest Quarter of said Section 6; thence Easterly, along a line which is parallel with and 165.17 feet South of the South line of the North- east Quarter of the Northwest Quarter of the Northwest Quarter of said Section 6,. being also, along the .existing City Limits of said City, to the :intersection with a line which is parallel with and 153.22 feet ~ast of the West lirte of said Lot 15; thence Northerly, along a line which is parallel with and 153.22 feet East of the West line of said Lot 15, to the intersection with the South line of the Northeast Quarter of tht~ Northwest Quart,er of the Northwest Quarter of said Section 6; thence Weste1·ly, along the South line of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of said Section 6, to the inter- section with the West line of said Lot 15, being also, the East line of sai<l Lot 16; thence Northerly, along the West line of said Lot 15, ,.Jo the POINT OF BEGINNING. File No. 2.216 Drawing No. 6-A-12Ll6 Contains 14.53 Ac:res GBM/pt 7/7/82 Revised 9/30/82 GBM/vc APPROVEO~LAFCtJ --10-c{}.7.::2:J ~-- 0 .. ~'tE A1ARVH·! t. p J·,.N1"!:R. E},acuth:e Offkei 'W'' j.:Z:X l-ll e_ I 'T e. NtAo,soAJ LE6EIJD E't!STTNet crrr AReA w. I.AN£ u:rr 15 E.. L,tNE urr Uo I& ......... I;"' lit.,.. ........ ., .. ~ .... . . .. .. . . , ..... ,.. AREA To/?£.. .CE.7.i!\CI/EO rRcwf -me. MIO ~¾ll-eY F!Ke PR071:.C!7al\J 0/517?/cr;' AND 71-le. K!Ares K!V/3!< CCJNBERV;.maJJ O!S!Rlw ✓ ANNe'/!EO -ro 77-1£ Cf7Y OF FRESNO. Acceo ACOR££,$ SY~ i--·-·--------------------·----------------- iVAS?ltM€ffoN -eAF<O!=N No. 4 D/<5TR !er 'Rl=C'RcrAA! tz,ffiQN -,----- C() V. 5( S77 /J (3r OF e. 0. rbl?TeR. -TRAcr-eA STERBY PAR'k f.:;()8. I FILE No. A~NNEX No. Ai.CRES= R.UTION NO. R0-82-55 l MAKING DETERMINA1?ION AND~;MEROV.lNG) (: l;S RESOLUTION OF THE FRESNO LOCAL AGENCY FORMATION COMMISSION PROPOSED 11 Wi\SHINGTON-GARDEN #4 11 ) 2 REORGANIZATION . UY!Hlt:; ;.:J l .• :i1 ~fu.J Ul:1 i. -------------------- 4 ,WHEREAS, preliminary proceedi11gs were initiated by the City of 5 Fres-10 to annex territory generally bounded by Belmont, Chestnut, 6 Washington, and Garden J,.venv_~~s to the City of Fresno and detach 7 from the Mid-Valley Fire Protection District and Kings River 8 Cons<:!rvation District in the CoU11ty of Fresno; and 9 WHEREAS, an application for said proposal 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 E:x:ecuti ve 13 Officer on the 27th day of October, 1982, at the hour of 2:20 p .. m ... 14 on said day; and 15 WHEREAS, notice of the hearing of said application was duly· 16 given by mail, posting, and newspaper publication as required by l? law; and 18 WHEREAS, the Executive Officer reviewed said application and .. 19 prepared a reportf including his recommendations thereon, said 20 application and report having been presented to and conside1::-ed by 21 this Cqmmission: and 22 WHEREAS, this Commission considered all relevant factors and 23 heard all interested parties wishing to speak on said applicatior1 .. 24 NOW, THEREFORE, BE IT RESOLVED that the Local Agt:;ncy Formation 25 Commission of the County of Fresno does HEREBY RESOLVE, DETERMINE, 26 AND ORDER as follows: 27 28 Section 1.. Said proposal is approved.. Any resolution of tht:;~ .,,r conducting agency ordering this reorganization shall provide that 29 such reorganization shall not be· subject to any terms and 30 conditions. couwrv oi:-l"Re:s:10 "'Rl!SNO, C:At.lFORNIA , .. ... . • . \ . • 1 §_§ction 2. Said territory is found to be inhabited and 2 is assigned the following distinctive short form designation: 3 11 washingbon-Garden #4u. 4 Section 3... The City of Fresno is designated as the conductlng 5 agency, and the governing body of said agency is hereby directed : to 6 initiate reorganization proceedings in compliance with this 7 resolution. 8 Section 4. Further proceedings shall be initiated by tte 9 conducting agency not later than 35 days after the date of adoption. 10 of the Commission resolution and shall be conducted and com:i;>leted 11 pursuant to required law. Proceedings and any resolution of 12 approval shall comply with thG Commission ts resolution of appro>1-;al,. 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 .. · 1~6 17 18 19 20 ADOPTED this 27th day of October, 1982, by the following vote': AYES: Wilder, Boward, Levy, Silva, Johnson NOES: None ABSENT: None STATE OF CALIFORNIA) 21 COUNTY OF FRESNO ) 23 24 25 26 27 29 30 31 32 I, MARVIN L. PANTERt Executive Officer of the Local Agency Formation Commission -certify that the foregoing resolution was adopted by the Fresno County Local Agency Formation Commission, California,, at a :regular meeting held on the 27th day of October .r 1982 .. MARVIN L. PANTERs Executive Officer .. , ::Ot,JHTY OF FRJ;:$NQ Rll!:SW:O, CALIFORNIA. ,. . 1 ..r PROPOSED llktllNU:'t WASHINGTON-GARD N o. 4 DISTRICT REORGANIZATION ( pproxima scale) • r i I .. .. • .....c., ., £.CCNTIIM. • i .. .. .. □-9, ....... , □--· □--□--------· D .... □-• -----r D •-•-11--- □-- r __ ,. - 1-~=* ---... -.. . ... -.. . --- o__,. ...... ._. & ......... ...... ·--, --. --. ..... ,. __ n ,_ • ..,.. <>-----·--. ------r,,aaa...m,~ ........... IP _.. ___ .___ -===---------....,. __ >oc-- Roosevelt Comn,unlty Plan