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
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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
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