HomeMy WebLinkAboutCC Res 4991 2002-03-25
RESOLUTION NUMBER ~q I
A RESOLUTION OF THE CITY OF SEAL BEACH
ENTERING INTO AN INDEMNITY AGREEMENT
FOR CIVIL ACTION CHALLENGING MEASURE W
WHEREAS, the City of Seal Beach opposed the Orange County Central Park and Nature
Preserve Initiative which appeared on the March 5, 2002 Orange County
ballot as "Measure W'" and
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WHEREAS, a majority of City ,of Seal Beach voters opposed Measure W; and
WHEREAS, on March 5, 2002, Measure W was approved by a majority of Orange
County voters; and
WHEREAS, the Airport Working Group of Orange County (A WG) desires to bring a
civil action in the Superior Court of the State of California, County of
Orange, challenging the lawfulness of Measure Wand the electoral process
which resulted in its passage. ("Civil Action"); and
WHEREAS, the Orange County Regional Airport AuthOlity (OCRAA) took action at its
March 13, 2002 Board meeting to appear as a named plaintiff, along with
A WG and other plaintiffs, in the Civil Action; and
WHEREAS, the City of Seal Beach is a membcr of OCRAA; and
WHEREAS, the City of Seal Beach also desires to appear as a named plaintiff, along
with A WG and other plaintiffs, in the Civil Action; and
WHEREAS, A WG desires to include the City of Seal Beach as a named plaintiff, along
with A WG and other plaintiffs, in the Civil Action; and
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WHEREAS, the City of Seal Beach does not wish to incur any costs, expenses, fees,
obligations or liabilities in connection with, or arising out of City's
participation in the Civil Action; and
WHEREAS, A WG agrees to prepare and file, in the Superior Court of the Statc of
California, CQunty of Orange, a civil complaint, which will include City,
along with A WG and other plaintiffs, as a named plaintiff therein,
challenging thc lawfulness of Measure W and the electoral process which
resulted in its passage. ("Complaint"); and
WHEREAS, A WG agrees to and shall indemnify and save City, its officials, employees,
and agents harmless from and against any and all liability, loss or damage,
including but not limited to any and all claims, demands, actions, and causes
of actions, including without limitation, expenses, costs, and attorneys' fees
which A WG, its employees and agcnts may at any time sustain or incur by
reason of City's participation in the Civil Action.
NOW, THEREFORE BE IT RESOLVED that: The City of Seal Beach agrees to enter
into an indemnity agreement with A WG regarding Civil Action challenging Measure W.
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AND, THEREFORE BE IT FURTHER RESOLVED that: The City of Seal Beach
hereby directs the City Manager to take whatevcr action is necessary to include thc City
of Seal Beach as a named plaintiff, along with A WG, OCRAA and other plaintiffs, in thc
Civil Action challenging the legality of Measure W.
Resolution Number ~~J'
PASSEPAPROVED AN
on ~ ~ dayof
AYES:
Councilmemb
y the City Council of the City of Seal Beach
2002 by the following vote:
NOES:
Councilmembers
ABSTAIN:
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 499/ on file in the
offic of the City Clerk, passed, approved, and adopted ~~jD' CQuncil of the City of
Seal , at a re lar meeting thereof held on the '!J ~ day of
2002.
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