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78-310RESOLUTION NO. 78R- 310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A LETTER AGREEMENT DATED APRIL 14, 1978, WITH THE LAW FIRMS OF SPIEGEL & McDIARMID AND BLECHER, COLLINS_AND HOECKER IN CONNECTION_WITH AN ANTITRUST SUIT AGAINST SOUTHERN CALIFORNIA EDISON COMPANY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID LETTER AGREEMENT. WHEREAS, the Cities of Anaheim, Azusa, Banning, Colton, and Riverside (the "Cities ") have filed a Complaint in the United States District Court (Central District of California) alleging that Southern California Edison Company violated the Sherman Antitrust Act and the Robinson- Patman Price Discrimina- tion Act by, among other things, selling power and energy to retail customers cheaper than power was sold to the Cities; and WHEREAS, the Cities wish to retain legal counsel to represent the Cities in the aforementioned action; and WHEREAS, the law firms of Spiegel and McDiarmid of Washington, D.C. and Blecher, Collins, and Hoecker of Los Angeles, California, are experienced and competent to handle antitrust litigation; and WHEREAS, said law firms have submitted a letter agreement dated April 14, 1978, outlining their fee arrangements for said litigation; and WHEREAS, the terms and conditions of said letter agreement are acceptable to the City Council of the City of Anaheim; and WHEREAS, a Cost Sharing Agreement has been submitted to the City Council of the City of Anaheim whereby costs of litigation (including attorneys' fees, consultants' fees, and out -of- pocket costs) shall be shared by the Cities in accordance with a formula set forth in said agreement; and WHEREAS, said Cost Sharing Agreement is to be executed contemporaneously with the aforementioned law firms' letter agreement. NOW, THEREFORE, BE IT RESOLVED that the terms of the letter agreement dated April 14, 1978, are hereby approved and accepted upon the following condition precedent: -1- That said Cost Sharing Agreement between the Cities.of Anaheim, Azusa, Banning, Colton, and Riverside be approved by said Cities. �. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby, authorized to execute said Letter Agree- ment on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of in '7Q ROF : j h -2-