HomeMy WebLinkAbout8112 - Agreement to Settle LawsuitRESOLUTION NO. 8112
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, AND
RESCINDING RESOLUTION NO_ 8102
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, on September 24, 1973, the City Council
adopted Resolution No. 8102 authorizing the Mayor and City Clerk
to execute a modified version of a proposed settlement agreement,
deleting all reference to the property located north of Bristol
(Palisades) Avenue; and
WHEREAS, an agreement has been prepared incorporating
all of the terms and understanding of said settlement, including
the reference to property located north of Bristol (Palisades)
Avenue; and
WHEREAS, the City Council has reviewed all of the
language of said settlement agreement, and finds 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
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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;
BE IT FURTHER RESOLVED that this resolution rescinds
and supersedes Resolution No. 8102.
ADOPTED this 9th day of October, 1973.
ATTEST:
m
Ci y Clerk
C f[ED AS THE WGINAL
M CLEM OF THE CITY OF FORT e:ACH
IDAM OCT 12 1970
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10.9/73