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86R-073 RESOLUTION NO. 86R-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF CERTAIN AGREEMENTS BETWEEN THE CITY OF ANAHEIM AND THE DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES RELATING TO THE INTERMOUNTAIN POWER PROJECT AND A RELEASE BY THE CITY OF ANAHEIM OF LOS ANGELES IN THAT CERTAIN ACTION ENTITLED CITY OF ANAHEIM V. DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENTS ON BEHALF OF THE CITY OF ANAHEIM AND THE MAYOR TO EXECUTE SAID RELEASE ON BEHALF OF THE CITY OF ANAHEIM WHEREAS, the City of Anaheim brought an action entitled City of Anaheim v. Department of Water and Power of the City of Los Angeles in the Orange County Superior Court and said action was transferred to the San Bernardino County Superior Court, Case No. SCV 225 301; and WHEREAS, the Department of Water and Power filed a Cross-Complaint and First Amendment thereto against the City of Anaheim and certain officials and representatives thereof; and WHEREAS, in order to resolve said action, the representatives of Anaheim and Los Angeles have negotiated the Los Angeles - Anaheim Northern Transmission Service Agreement, Los Angeles - IPP Base Capacity Transmission Service Agreement, and the Los Angeles - Anaheim IPP Additional Capacity Transmission Service Agreement; and WHEREAS, the Public Utilities General Mananger has recommended that the City Council approve said Agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: l. The terms and conditions of the Los Angeles - Anaheim Northern Transmission System Agreement, the Los Angeles - Anaheim IPP Base Capacity Transmission Service Agreement, and the Los Angeles - Anaheim IPP Additional Capacity Transmission Service Agreement, attached hereto as Exhibits "A", "B", and "C", are hereby approved. 2. The terms and conditions of a Release relating to that certain action entitled City of Anaheim v. Department of Water and Power of the City of Los Angeles in the San Bernardino County Superior Court, Case No. SCV 225 301 are hereby approved. 3. The Mayor and City Clerk are hereby authorized and directed to execute on behalf of the City of Anaheim the Agreements described in Paragraph 1 above and to deliver said Agreements to the Public Utilities General Manager. 4. The Mayor is authorized and directed to execute the Release referred to in Paragraph 2 above and to deliv~r said Release to the Public Utilities General Manager. 5. The Public Utilities General Manager, or his designated representative, in accordance with that certain Memorandum of Understanding executed by the Public Utilities General Manager which Memorandum relates to this matter, is authorized and directed to deliver such documents as are necessary to dismiss that certain action entitled City of Anaheim v. Department of Water and Power of the City of Los Angeles, San Bernardino County Superior Court, Case No. SCV 225 301 and when said Agreements and Release are so delivered, such delivery shall constitute delivery by the City of Anaheim. THE FOREGOING RESOLUTION is approved and adopted this 25th day of February , 1986. ATTEST: r 1 _r---"' /II.~ /C ){./~~ /' '-- ~------_. CITY CLERK OF THE CITY OF ANAHEIM 4474U CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-73 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of February, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-73 on the 25th day of February, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of February, 1986. ~ /--7 ~ '---.--.-/ <,",-, /// ' ~ '/( . ' e::L /' ,- ----- CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-73 duly passed and adopted by the Anaheim City Council on February 25, 1986. ~~,/(.s~ CITY CLERK -""---.