63-0865RESOLUTION NO. 63R- 865
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN AGREEMENT TO
BE MADE AND ENTERED INTO BY AND BETWEEN
THE CITY OF ANAHEIM AND SOUTHERN CALIFORNIA
EDISON COMPANY, A CORPORATION, RELATING TO
PAYMENT OF POSSIBLE CALIFORNIA SALES TAX
ASSESSMENT, AND AUTHORIZING THE EXECUTION
THEREOF.
Finance
WHEREAS, the City of Anaheim has commenced an action
in eminent domain to condemn certain electrical facilities of
the Southern California Edison Company, now used by Southern
California Edison Company in furnishing electric energy to the
public served by said Edison Company as a public utility
corporation, said action being entitled City of Anaheim, a
municipal corporation, Plaintiff, vs. Southern California Edison
Company, a corporation et al., Defendants, Case No. 117511,
Superior Court of the State of California, in and for the
County of Orange; and
WHEREAS, the reproduction cost new, less depreciation,
of the tangible personal property being condemned in said action,
exclusive of severance damages, is the sum of $356,646.78; and
WHEREAS, although neither the City of Anaheim nor
Southern California Edison Company believes the imposition of a
sales tax in connection with said eminent domain action is
either legal or proper, in similar acquisitions the State of
California has demanded that a tax be paid; and
WHEREAS, the said Southern California Edison Company
has this day submitted to the City Council a proposed agreement
providing that the City of Anaheim will reimburse Southern
California Edison Company the amount of any such sales tax,
together with any and all penalties and interest which may be
collected by the State of California, and it appearing to the
City Council that the ultimate obligation for any such sales
tax (the legality of which both parties to said agreement deny)
would be the responsibility of the City of Anaheim, and it appear-
ing that said agreement is fair and reasonable on its face and
would be beneficial to the City of Anaheim and should be approved
and its execution authorized.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the proposed agreement this day submitted
to the City Council of the City of Anaheim relating to the payment
of a possible California Sales Tax assessment in connection with
the eminent domain action to which reference is made herein, be
and the same is hereby, approved and that the Mayor and City Clerk
be, and they are hereby, authorized to execute said agreement for
and on behalf of the City of Anaheim.
AND BE IT FURTHER RESOLVED that the copy of said
agreement this day submitted to the City Council be filed in
the Office of the City Clerk and that said agreement is incor-
porated herein by reference and made a part hereof the same
as though set forth in full herein.
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THE FOREGOING RESOLUTION is approved and signed by
me this 29th day of October 19 63
ATTEST
JJER OF THE ITY OF ANAHE
S EAL
STATE OF CALIFORNIA
COUNTY OF ORANGE ss,
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify that the foregoing resolution was
passed and adopted at a regular meeting of
the City Council held on the 29AlL day of October
1963 by the following vote of the members thereof
AYES. COUNCILMEN Dutton, Schutte, Krein and Coons
NOES COUNCILMEN None
ABSENT COUNCILMEN Chandler
OR OF T E I OF AMRTr
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 29th day
of October 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this ma day of
October 1963
OF THE CITY, OF ANAHEIM