HomeMy WebLinkAboutCity Council Resolution 1013 RESOLUTION NO. 1013
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA AUTHORIZING AND APPROVING
THE EXECUTION, DELIVERY AND IMPLEMENTATION
OF THAT CERTAIN STIPULATION FOR SETTLEMENT
RELATING TO FRE~NT UNION HIGH SCHOOL DISTRICT,
A SCHOOL DISTRICT VS. ROBERT BEYER, AS CITY
CLERK OF THE CITY OF SARATOGA, ET AL., SANTA
CLARA COUNTY SUPERIOR COURT, NO. 452274.
A. Fremont Union High School District ~"Fremont")
is petitioner and Robert Beyer, as City Clerk of the City
of Saratoga ("Beyer"), et al, are the respondents in that
certain action entitled Fremont Union High School District,
a School District, vs. Robert Beyer, as City Clerk of the
City of Saratoga, et al., No. 452274 now pending in the
Superior Court of the State of California for the County of
Santa Clara (the "lawsuit").
B. In the lawsuit Fremont filed a petition for writ
of mandate seeking, among other things, an order demanding Beyer
and other respondents to exercise discretion by removing
approximately 47,915 acres of real property owned by Fremont
(the "property") from the effect of Measure A and to process
Fremont's application for tentative map approval for the
property pursuant to existing city ordinances. Beyer and
each of the five members of the Saratoga City Council named as
respondents in the Fremont action ("council members") denied
and continue to deny each and every one of Fremont's allegations
as to all issues and in all respects.
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C. Fremont, Beyer, and Council Members acknowledge
that all assertions, allegations, or claims which have been or
could have been made by Fremont in the lawsuit are disputed by
Beyer and Council Members and all other respondents as to valid-
ity and any other aspects. Without admitting the validity of
any of the contentions which have, or might have been made by any
of them, Fremont, Beyer, and Council Members desire and intend
fully and finally to compromise and settle all such contentions
and other matters in controversy among them.
NOW, THEREFORE, the City Council of the City of
Saratoga ("Council") RESOLVES as follows:
1. The City Council hereby authorized and approves
the execution, delivery, and implementation by City Manager of
a stipulation for settlement on the terms and conditions as set
forth in said stipulation for settlement attached hereto marked
Exhibit "A" and incorporated herein by reference and any and
all other documents necessary to consummate such stipulation for
settlement. Recitals A through C hereinabove are incorporated
herein by reference.
2. The City Council further hereby authorizes and
directs that said stipulation for settlement be recorded with
the Office of the Recorder of Santa Clara County.
PASSED AND ADOPTED at an adjourned regular meeting of
the City Council of the City of Saratoga, held on the 2nd day
of June, 1981, by the following vote:
AYES: Councils Clevenger, Mallory, Watson, Mayor Callon
NOES: OouncilmemberJensen
ABSENT:None
ATTEST:
~~ ~ ~ May~ Saratora