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RESOLUTION NO. 8102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY'
OF NEWPORT BEACH AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT TO SETTLE THE LAWSUIT
FILED BY THE COSTA MESA COUNTY WATER DISTRICT
AGAINST THE CITY OF NEWPORT BEACH
WHEREAS, on February 22, 1973, the Costa Mesa County
Water District filed a complaint against the City of Newport Beach
alleging, among other things, that the District had the legal
right to sever water service to the Cagney property located in
West Newport Beach (Orange County Superior Court Case No. 200066);
and
WHEREAS, both the City of Newport Beach and the Costa
Mesa County Water District deem it to be in the public interest
to settle this dispute as well as resolve possible future
disagreements with regard to their respective rights to serve
water to other areas along their boundaries; and
WHEREAS, an agreement has been prepared incorporating
all of the terms and understanding of said settlement; and
WHEREAS, the City Council has reviewed all of the language
of said settlement agreement and, after deleting all reference to
the properties located north of Palisades Road, find it to be fair
and equitable;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach hereby authorizes the Mayor and City
Clerk to execute a settlement agreement between the City of
Newport Beach and the Costa Mesa County Water District relevant
to Superior Court Case No. 200066, resolving possible future
disputes between the parties respecting their rights and duties
to serve water to various areas along their boundaries or within
the areas which are proposed for future annexations.
ADOPTED this 24th day of September, 1973.
ATTEST:
City Clerk " U
tCE IED AS T INAL
CLERIC OF THE CIN OF PART BiACH
®AM - OCT 2 1973
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9/26/73