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HomeMy WebLinkAbout6634 - Water Rights in Santa Ana River System• THSomec 8/9/67 4 RESOLUTION N0, 6634 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE ORANGE COUNTY WATER DISTRICT TO REPRESENT THE INTERESTS OF THE CITY OF NEWPORT BEACH IN LITIGATION INVOLVING THE DETERMINATION OF WATER RIGHTS IN THE SANTA ANA RIVER SYSTEM WHEREAS, in October, 1963, the Orange County Water Dis- trict commenced a lawsuit in the Superior Court of Orange County against all upstream parties who produce water from the Santa Ana River system above Prado Dam, entitled 'Orange County Water District v, City of Chino, et al ",Case No. 117628; and WHEREAS, several of the parties named as defendants in the above entitled lawsuit have indicated that they intend to file cross complaints against water users in Orange County; and WHEREAS, the possibility exists that the City of Newport Beach will be named as a cross defendant in said lawsuit; and WHEREAS, the Board of Directors of the Orange County Water District has offered to provide legal representation in said law- suit on behalf of the City of Newport Beach at no expense to the City; and WHEREAS, the City Council has determined that, in view of the numerous parties and legal complexities involved in said law- suit, it would be in the best interests of the City to authorize the Orange County Water District to provide representation for the City; NOW, THEREFORE, BE IT RESOLVED that the Orange County Water District, acting through its legal counsel, is hereby autho- rized to represent the City of Newport Beach in the lawsuit re- ferred to above. In so acting as attorneys on behalf of the City, the attorneys for the Orange County Water District may do any and all things which they in their discretion deem necessary to pro- tect the interests of the City; provided, however, that before entering into or agreeing to enter into any settlement, compromise a or stipulation affecting any substantial right or interest of the City of Newport Beach, the attorneys for the Orange County Water District shall first consult with and obtain the written consent of the City Attorney. BE IT FURTHER RESOLVED that it is understood between the parties that it is an express condition of the authority granted to the Orange County Water District pursuant to this resolution that the City shall not be responsible for any attorneys' fees, court costs, expert witness fees, damages, or any other costs or expenses relating to or arising out of the litigation described above. ADOPTED this 28th day of Augusta 1967. Mayor ATTEST: ity er 2. 5: U STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) I, LAURA LAGIOS, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 6634 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 28th day of August , 1967, by the following vote, to wit: NOES, COUNCILMEN: None ABSENT, COUNCILMEN: _T r,,,,U Dated this 29th day of August , 1967. City Clerk and Ex- Officio C�rk of the City Council, City of Newport Beach, State of California