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HomeMy WebLinkAboutResolution - City Council - 79-235 - 1979-06-05Transportation CAO RESOLUTION NO. 79 - 2 5 A RESOLUTIONS OF THE COUNCIL OF THE CITY OFF FRESNO, CALIFORNIA, REGARDING HOUSE OF REPRESENTATIVE BILL No. 3942, RELATING TO AIRCRAFT NOISE STANDARDS, WHEREAS, Subchapter 6 of chapter 9 of Title 4 of the California .Administrative Code establishes noise standards and regulations applicable to the Fresno Air Terminal ("'Airport"), which standards must be meet by the City by 1986 and WHEREAS, the federal government, pursuant to Federal. Aviation Regulation ("FAR") Part 36 and. Fart 91 has specified aircraft engine noise emission <standards on a phased time schedule ending on January l , 19 8 5 , and WHEREAS the Council finds and declares that it is desirable to mitigate and control noise at the source rather than by controlling theland uses affected thereby, and WHEREAS, the expected future cumulative aircraft noise level will affect the amount of recoverable damages, if any, by persons owning land in the airport environs which` persons have instituted a civil. suit, Bakma.n, et al, v. City crf Fresno, Superior Court No. i63451, against: the City on a theory of inverse condemnation and WHEREAS House of Representatives Bill, No 3942 would permit waiver of aviation noise deadlines established by FAR Part 91., would make it difficult or impossible for the City to comply with State standards and would increase the City's liability in its pending inverse condemnation case. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno, California, as follows Mkof ow 2. That the Council opposes Section 305 of said bill relating to waiver of noise standards. 3. That the Transportation Directo is authorized ; ,and directed to transmit copies of this Resolution to congressmen representing residents of the City of Fresno and. such -other persons as he deems appropriate. CLERKS CERTIFICATION STATE OF CALIFORNIA j 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 regular meeting held on the 5th day of June 1979 JACQUELINE , L . RYLE City Clem 13 �� _tom , J. AppROVID AS TO FORM' i CITY ATTORNSYt S OFF11GEWr *� put D10*rt