HomeMy WebLinkAbout7694 - Jet-Powered Aircraft IndemnificationRESOLUTION NO. 7694
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH URGING THE BOARD
OF SUPERVISORS OF THE COUNTY OF ORANGE
TO REQUIRE INDEMNIFICATION FROM THE
FEDERAL AND STATE GOVERNMENTS AND ALL
OPERATORS OF JET- POWERED AIRCRAFT
WHEREAS, on April 28, 1972 the California Supreme Court
decided the case of Nestle v. City of Santa Monica, which redefines
the right of citizens to recover from a public entity for damages
from noise, fumes and vibrations caused by the operation of an
airport owned by a public entity; and
WHEREAS, it is necessary that the residents of the cities
of Newport Beach, Costa Mesa, Tustin, Orange, Santa Ana and Villa
Park be compensated for any and all losses incurred as a result of
damages caused to them by the operation of jet - powered aircraft
at the Orange County Airport; and
WHEREAS, in order to protect the taxpayers of the County
of Orange, it is necessary and desirable that the County be reim-
bursed for any and all amounts which it is required to expend as
a result of judgments entered against it for damages caused by
the operation of the Orange County Airport;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach does urge the Honorable Board of Super-
visors of the County of Orange to undertake the following:
1. To require that all operators of jet aircraft, as
well as the federal and state governments, furnish
an insurance bond, surety bond or secured indemnifi-
cation agreement with the County of Orange as
beneficiary, in an amount adequate to reimburse
the County for any amounts which it finds necessary
to expend to compensate citizens for damages caused
by the operation of jet - powered aircraft at the
Orange County Airport;
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2. To require that an indemnification agreement be
guaranteed by a financially responsible individual
or entity;
3. In the event that the bonds or agreements are not
posted within 60 days from the date of adoption
of this resolution, to suspend all jet operations
at the Orange County Airport until such time as
the bonds or agreements are posted.
ADOPTED this 8th day of
ATTEST:
City Clerk
WTIFIED AS THE IGINAL
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CITY CLERK OF THE CITY O EWPORT BEACH
MATE MAY 12 1912
W—_
Mayor
19 72.
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