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Resolution - City Council - 79-118 - 1979-03-27
'ubl c Works 44- cou"1:y C1 " 3, RESOLUTION NO.-1 1 S COUNCIL CITY OF FRESNO, STATE 'OF CALIFORNIA In the Matter of } RESOLUTION CONSENTING TO PROCEEDING'S FRESNO COUNTY IMPROVEMENT } DESCRIBED IN PROPOSED RESOLUTION OF DISTRICT NO. 193- } INTENTION OF BOARD OF SUPERVISORS j OF FRESNO COUNTY IMPROVEMENT DISTRICT 7 Assessment District. NO. 193 8 WHEREAS, the Board of Supervisors of the County of Fresno has found 9, and determined that the public convenience and necessity require the 10 construction and acquisition of certain proposed improvements, all as more 11 particularly set forth in the proposed Resolution of Intention of said Board 12_ of Supervisors, a true and correct copy of which is annexed hereto marked 13 Exhibit "A" and made a part hereof; and 14 WHEREAS, a portion of the area of said Fresno County Improvement 15 District No. 193 lies within the boundaries of the City of Fresno, es well 16 17 as within the unincorporated area of the County of Fresno, all as more particularly shown on that certain map attached to said proposed Resolution 18 19 of Intention as Exhibit "B" thereto and made a part hereof, which indicates 24 by a boundary line the extent of territory included in said proposed 21 improvement district; and 22 WHEREAS, said Board of Supervisors is required to submit its proposed 23 Resolution of Intention, Exhibit "A" hereto, and said map to the Council 24 of the City of Fresno for its approval as required by law, and 25 WHEREAS, it is to the best interests of the City of Fresno that 26 said approval be given; and 27 WHEREAS, the County of Fresno, acting as Lead Agency for the project 28 known as "Pinedale Community Improvements" has prepared and filed a Negative 29 Declaration relative to that project; and 30 WHEREAS, the City of Fresno is a Res Pons i bl le Agency' relative to the 31 proposed project since it is required that the City consent to the formation 32 of the Assessment District as it affects property within the City of Fresno; an. OOUWY OF MONO 11'-3TXONO. CAhWi�i. RNiA 0.. 1. C. g�am4. �$ fir+ +`e ., .r ..; •.. :.7nte .t" . - < .!' WHEREAS, Section 15064 of the State EIR Guidelines requires that a 2 Responsible Agency must review and consider the i nformati opt contained in the 3 environmental documents prepared by the mead Agency prior to'acting on the 4 proposed project; and a WHEREAS,, the Counci 1 of the City of Fresno has reviewed and considered 6 the information contained in the Negative Declaration filed by Fresno County 7 on March 31, 1976; NOW, THEREFORE, BE IT RESOLVED; 19 1. This Council has reviewed and considered the information contained 10 in Fresno County Negative Declaration.No. 723 2. That said proposed Resolution of Intention, Exhibit "A" hereto, 12 and said map which is attached thereto marked Exhibit "B", which indicates 13 by a boundary line the extent of the territory included in said proposed 14 Improvement District (including any changes and modifications ordered by 6 said Board of Supervisors in accordance with law) be and they are hereby 6 approved, all in accordance with the provisions of Section 10103 of the 17 Streets and Highways Code of the State of California; 18 3. The City Clerk of the City of Fresno is hereby directed forthwith 19 to transmit a copy of this Resolution, duly certified to the Clerk of the 20 Board of Supervisors of the County of Fresno, 2l THE FOREGOING RESOLUTION was passed and adopted by the following vote 2 - of the Council of the City of Fresno this 27th day of March 19799 2� to wit 24 AYES: Alvarado, ooig, MacV, Relch, Wi it tags, Wills 25 NOES. None 26 ABSENT. Whltehursi /%y py M/.fit ATTEST "° ..:. . 28 :y., CITY CLERK --J 29 30 31 32' n .BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY of FRESN STATE OF CALI:EORNIA RESOLUTION -- In the Matter' of RESOLUTION OF INTENTION TO CONSTRUCT IMPROVEMENTS BY FRESNO COUNTY IMPROVEMENT } SPECIAL ASSESSMENT AND DISTRICT NO. 1935 ASSESSMENT BOND PROCEEDINGS } AND CONFIRMATION OF NEGATIVE Assessment District. DECLARATION OF ENVIRONMENTAL EFFECT RESOLVED by the Board of Supervisors of the County of Fresno State 10 of California, that the public interest, convenience and necessity require, 3l and it is the intention of said Board to order the construction and acquisition 1 of improvements, as set forth in Exhibit "A" attached hereto and incorporated 14 herein by reference. 15 BE IT FURTHER RESOLVED THAT: r Whenever any public way is referred to as running between two i 1. public ways, or from or to any public way, the intersections of the public 8 ways referred to are included to the extent that work shall be shown on the 1.9. plans to be done ' therein. 20 2. Whenever any work is hereby referred to as being constructed in an easement, it will include all work in intervening or termini streets to the extent that work shall be shown on the plans to be done therein. 23 3. Said streets and highways are more particularly shown in the 24 records in the office ofthe County Recorder of FresnoCounty and shall be 25 shown upon -the plans herein referred to and to be filed with the Clerk of the 6 Board of Supervisors of the County of Fresno. 97 4. All of said work and improvements are to be constructed at the 8 places and in the particular locations, of the forms, sizes: dimensions and 29 materials, and at the lines, grades and elevations as shown and delineated ZO upon the plans, profiles and specifications to be ;made therefor, as hereinafter 31 provi ded r 32 wl�. COUNTY OF FRESNO RV;6140. CALIFORNIA] 1 5. There is.to be excepted from the work herein described any of such 2 work marked excepted or shown not to be done on said plans, profiles and 3 specifications. 4 6. Notice is hereby given of the fact that in many cases said work 5 and improvements will bring the finished work to a grade different from that 6 formerly existing. To that extent, such grades are hereby changed and said 7 work will be done to such.changed grades. 7. The Board of Supervisors does hereby adopt and establish as the 3 official grades for said work the grades and elevations t1D be shown upon 0 said plans, profiles and specifications. All such grades and elevations are 1 to be in feet and decimals thereof with reference to the datum plane of 12 the U. S. Coast Geodetic Survey, r 3 8. All items of work do not necessarily extend for the full length 14 of the description thereof. The plans and profiles of the work and maps 35 E and descriptions of the acquisition, as contained in the Engineer's Report, I16 shall be Controllingas to the correct and detailed description thereof. p 17 9. The contemplated acquisitions and improvements are of more than 8 local or ordinary y public benefit, and this Board does hereby make the costs 9 and expenses thereof chargeable upon an assessment district. This Board 20 hereby declares such district to be the district specially benefited by said 23 acquisitions and improvements. The exterior boundaries of such district are 22 described in Dthi bit "B", attached hereto and incorporated herein by reference. 23 10. This Board further declares that all public streets and highways 24 within said improvement district in use in the performance of a public function 25 as such, shall be omitted from the assessment hereafter to be made to cover the 1 2& costs and expenses of said acquisition and improvements. 27 11. Notice is hereby given that serial bonds to represent the unpaid 28 assessments and to bear interest at a rate not to exceed eight percent (8%) 2 per antrum, will be issued hereunder in the manner provided in the Improvement 30 Act of 1911, Division 7 of the Streets and Highways Code of the State of 3�. California. The last installment of such bonds shall mature not more than 32 nine fig} years from the 2nd day of January, next succeeding the last day of COUNTY OF FRIMMO .. �., MESNO CALIFORNIA w 4 3. September following their date, and shall be subject to a call premium of 2 five percent (5/) of the unpaid principal upon all iryedemptions prior to 3 maturity. 4 12. Except as herein otherwise provided for the issuance of bonds, 5 all of said acqui si t ons and improvements shall be made and done pursuant, b to the provisions of the municipal Improvement Act of 19131, as amended. 7 13. Said proposed acquisitions. and improvements are hereby referred ` 8 to the Engineer -of Work, being the person having charge and control of the 9 construction of public improvements in the County`of Fresno. Said Engineer 3.0 of Work is hereby directed to prepare and file with the Clerk of this Board 11 a report i n writ'i.ngo presenting the following: 12 (a) Maps and descriptions of the faci l i ties, lands and easements to 13 be acquired; 14 (b) Plans and specifications of the proposed improvements to be 15 made pursuant to this resolutions 15 (c) An engineer's statement of the itemized and total estimated 17 costs and expenses of said acquisitions and improvements and of the incidental 18 expenses in connection therewith; 19 (d) A diagram showing the assessment district and the boundaries 20 and dimensions of the respective subdivisions of `hand within said district 21 as the same existed at the time of the passage of this Resolution of 22 Intention each of which subdivisions shall be given a separate number upon 23 said diagram; 24 (e) A proposed assessment of the total amount of the costs and 25 expenses 'of the proposed acquisitions and improvements upon the several 2& subdivisions of land in said district in proportion to the estimated benefits 27 to be received by such subdivisions, respectively, from: said acquisitions, 2 improvements and the expenses incidental thereto. 29 14. If any excess shall be realized from the assessment, it shall be 3© credited in the manner set forth in Section 10427.1 of the Streets and 31 Highways Code. 32 3.. COUNTY OF FRESNO FRESNO. CALIFORNIA 5. The Board of Supervisors hereby finds that the public interest will 2 not be served by allowing the property owners of land assessed or liable to be 3 assessed to contract for the construction of said work, 4 16, it is the intention of the Board of Supervisors to utilize a 5 grant of Community Development funds from the Department of Housing and 6 Urban Development of the United States Government to the County of Fresno, E i to help defray the cost of the improvements ,and acquisitions to the property owners in such assessment'dis rict. Said Community Development grant shall i 9 be applied to reduce such assessments by the following amounts: One hundred F 10 percent (1*00%) of the assessment against the land awned by the Housing Authority 11 of the City and County of Fresno, a' public agency•, fifty percent (50%) of the 12 assessment against all properties for curb-, gutter and driveway approach 13 improvements; one hundred percent (100%) of the assessment against all "14 properties for valley gutter,` curb return and street paving improvements; 15 the balance of the cost of installing flood control facilities over and 16 above the fees established for such facilities as set Forth in Chapter 17.64 17 of the Fresno County Ordinance Code; cne hundred percent (100%) of the 18 assessment against all the land Owned by the Clovis unified School District; 19 one hundred percent (100%) of, the assessment against the land owned by the 90 Pinedale County rater District, a special district-, one hundred percent (190%) of the assessment of the land owned by the County of Fresno and one hundred 22 percent (100%) of the assessment of the land owned by the State of California. 23 17. The Board of Supervisors further finds and confirms, based upon 2 a project evaluation made by the Department of Planning of the County of 25 Fresno, that the acquisitions and improvements to be done, will not have a 2 significant adverse effect upon the environment, in accordance with the 27 California Environmental Quality Act of 1970 and State and County regulations 28 implementing said'Act. By reason thereof, a negative declaration has been 29 filed with the County Clerk of the County of Fresno and a notice of such 30 negative declaration has been published in the Fresno Bee on March 21 1976, 31 l as provided in said regulations. 32 ..4_ irOUNTY OF FRUNO FRUN . CALIFoR143 18. It is the intention of the Board of Supervisors to enter into an 2 agreement with the Fresno Metropolitan Area F`I ood. Control Di str ct, a special 3 district, pursuant to Section 10110 of the Streets and Highways Cede of the, 4 State of California, which agreement, provides that the Fresno Metropolitan 5 Area Flood Control District shall operate, maintain and administer the flood control facilities and improvements to be constructed pursuant to such 7 assessment district, THE FOREGOING RESOLUTION was passed and adapted by the following vote 9 of the Board of Supervisors of the County of Fresno this 13th day of March 3.0 1979, to wit, 3 AYES 12 NOES 13 ABSENT; 1 3. CHAIRMAN, "Beard of Supervisors 3. 17 ATTEST: WARREN D. CANTRELL, Acting Clerk of the 18 Board of Super -visors 19 �Y 20 Deputy 3 fi 2 �9 S.. COUNTY OF Ft X-A;% a 'ii�BFt�. C:ALiIf?iR!'NtiJ4 r r� Q umpp n vi : A M.Cyy� N u w u„� i w..�! K .0 n r`.. �, �t L. • tl V D' MI Q a i! R D M D •+ i w - }O.N dfSt K pp y,, }, X cI W w 4.. M { r i..'O ri •� - i N C L• N ,ADH...0 1 lam•.�sR 6. +&&Sw h. N D �N. y (—O; �ii [Ln q 6 +aP now i. 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