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Res 1996-079
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Res 1996-079
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6/14/2007 10:20:17 AM
Creation date
6/14/2007 10:20:17 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1996-79
Date
5/13/1996
Volume Book
124
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<br /> 18 <br /> SECOND- <br /> AGREEMENT AMONG PLAINTIFFS <br /> REGARDING COST OF LITIGATION <br /> J/ <br /> This Agreement is made and entered into as ofthe/ý"day of May, 1996 by and among the <br /> Sierra Club, Guadalupe-Blanco River Authority ("GBRA"), City of sari Marcos ("San Marcos"), <br /> --- <br /> f City of New Braunfe1s ("New Braunfe1s"), New Braunfels Utilities ("NBU"), Bexar Metropolitan <br /> I <br /> Water District ("BMWD"), Green Yalley Special Utility District ("GYSUD") and Atascosa Rural <br /> Water Supply Corporation ("ARWSC"). <br /> WITNESSETH: <br /> The Sierra Club is Plaintiff and GBRA and the other parties to this Agreement are Plaintiff- <br /> Intervenors in Sierra Club v. Babbitt, No. MO-91-CA-069 in the U.S. District Court for the District <br /> . <br /> of Texas, Midland-Odessa Division. <br /> The district court in its May 26, 1993 Amended Judgment ordered that "judgment be entered <br /> against the Federal Defendants and in favor of Plaintiff and Plaintiff-Intervenors (together, <br /> "Plaintiffs") for the cost of litigation, including reasonable attorney and expert witness fees. . . ." <br /> I " <br /> On April 15, 1994, Plaintiffs filed their Joint Motion for Award of Their Combined Cost of <br /> Litigation Through October 11, 1993, the date of the initial status conference held by the district <br /> court after its Amended Judgment. <br /> On September 23, 1994, Plaintiffs and Federal Defendants entered into a Stipulation pursuant <br /> to which Federal Defendants agreed to pay Plaintiffs the sum of $2,000,000 in full settlement of <br /> Federal Defendants' liability for Plaintiffs' claim for Plaintiffs' combined cost of litigation through <br /> October 11,1993. <br />
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