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HomeMy WebLinkAbout85-92 - John Wayne Airport Litigation• RESOLUTION NO. 85 -92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING RESOLUTION NO. 85 -67 AUTHORIZING EXECUTION OF THE STIPULATIONS FOR TERMINATION OF THE LITIGATION RELATED TO JOHN WAYNE AIRPORT WHEREAS, on August 26, 1985, the City Council of the City of Newport Beach adopted Resolution 85 -67 which authorized execution of stipulations and agreements which would terminate the litigation related to the proposed expansion of John Wayne Airport; and WHEREAS, it is contemplated that the Federal Aviation Administration ( "FAA ") would execute, as a non - settling party, a stipulation to be filed in Federal court litigation entitled "County of Orange v. Air Cal, C.D.Cal. No. CV85 -1542 TJH (Mcx);" and WHEREAS, in lieu of executing the federal court stipulation, the FAA has given certain commitments to the County of Orange relative to validity of the Settlement Agreement; and WHEREAS, these commitments of the FAA are the legal equivalent of that Agency's execution of the Stipulation. NOW, THEREFORE, BE IT RESOLVED that Sections 4 and 5 of Resolution Number 85 -67 are hereby amended to read as follows: 114. The City Attorney and Special Airport Counsel are authorized to execute the Stipulations for termination of the litigation related to John Wayne ,Airport which are identical to those attached as Exhibits "A" through "E," or Stipulations which are -1- identical save and except for the deletion of the Federal Aviation Administration as a signing, but non - settling party, provided the • City Attorney and Special Airport Counsel are satisfied with written commitments made by the FAA in response to requests submitted by the County of Orange. 5. This Resolution will not be effective without (a) execution of the Stipulated Judgment in the pending federal court litigation, and the stipulations in the other pending actions, by the County, SPON, AWG, and the FAA has made commitments in response to requests by the County of Orange, that are satisfactory to the City Attorney and Special Airport Counsel." NOW, THEREFORE, BE IT FURTHER RESOLVED, except as amended above, Resolution Number 85 -67 shall remain in full force and effect. ADOPTED this 12th d ATTEST: a 9tf Clerk E -2-