87-003RESOLUTION NO. 87R-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE TERMS AND CONDITIONS OF
~RTAIN AGREEMENTS RELATING TO AN ENTITLEMENT FROM
THE HOOVER POWER PLANT AND APPROVING A STIPULATION
OF DISMISSAL RELATING TO AN ACTION ENTITLED STATE
OF NEVADA, PLAINTIFF V. UNITED STATES OF AMERICA,
ET AL., DEFENDANTS AND A RELEASE OF CLAIMS AND
AUTHORIZING THE EXECUTION OF SAID DOCUMENTS
WHEREAS, the Hoover Power Plant Act of 1984, Public
No. 93-381 (the "Act"), was enacted by the Congress of the
United States; and
Law
WHEREAS, the Act provides, among other things, for
disposition of power from the Hoover Power Plant and for an
increase in the capacity of the generating units at the Hoover
Power Plant by construction of the Uprating Program; and
WHEREAS, the City is required by the Act to contribute
funds to construct the Uprating Program pursuant to a contract
with the Bureau of Reclamation of the Department of the
Interior; and
WHEREAS, the City is entitled, pursuant to the Act and
regulations adopted by the Western Area Power Administration,
to purchase power from the Hoover Power Plant pursuant to
contract, and to receive credit for funds advanced to construct
the Uprating program pursuant to said contract on its power
bill from the Western Area Power Administration; and
WHEREAS, the Act requires that the Secretary of Energy
shall not execute contracts with certain parties to the action
entitled, "State of Nevada, et al., against the United States
of America, et al." in the United States District Court for the
District of Nevada, Case No. CV LV'82 441RDF, unless those
parties agree to file a Stipulation for Voluntary Dismissal
with prejudice of their claims, counterclaims, or cross-claims,
as the case ma7 be, and file with the Secretary of Energy a
document releasing the United States, its officers and agents,
and ail other parties who join in such Stipulation from any
claims arising out of the disposition by the United States
under Section 105 of the Act of capacity and energ7 from the
Hoover Power Plant; and
WHEREAS, the City and Southern California Edison Company
("Edison") desire that the entitlement of City to capacity and
energy from the Hoover Power Plant be integrated as a capacity
resource and dynamically dispatched by Edison for the benefit
of the City and Edison; and
WHEREAS, City's energy from the Hoover Power Plant is to
be delivered to Edison at Mead Substation and transmitted by
Edison from Mead Substation to the City.
0172w010587 _]_ ~ 9c ~
NOW, THEREFORE, the City Council of the City of Anaheim
does hereby RESOLVE as follows:
Section 1: That the terms and conditions of the
following ~-~reements, substantially in the form which has been
submitted to this meeting of the City Council, be and the same
are hereby approved:
A. Contract No. 7-07o30-P1021 between United States
Department of the Interior, Bureau of Reclamation, Boulder
Canyon Project and City of Anaheim, California for the Advance
of Funds for the Uprating Program at Hoover Power Plant.
B. Contract No. DE-MS65-86WP39573 between United
States Department of Energy, Western Area Power Administration,
Boulder Canyon Project and the City of Anaheim, California for
Electric Service.
C. Edison-Anaheim Hoover Integration Agreement between
Southern California Edison Company and the City of Anaheim.
D. Edison-Anaheim Mead Firm Transmission Service
Agreement between Southern California Edison Company and City
of Anaheim.
Section 2: The City Council of the City of Anaheim
hereby approves the terms and conditions of the following
documents substantially in the form which has been submitted to
this meeting:
A. Voluntary Stipulation of Dismissal with prejudice
in the action entitled, State of Nevada~ Plaintiff vs. The
United States of America. et al., Defendants in the United
States District Court, O1strict of Nevada.
B. Release of Claims pursuant to the Hoover Power
Plant Act of 1984.
Section 3: The Mayor and City Clerk are hereby directed
and authorized to execute the Contracts described in Section 1
of this Resolution.
Section 4: The law firm of Rourke & Woodruff is hereby
authorized and directed to execute, on behalf of the City, the
Voluntary Stipulation of Dismissal with prejudice and the
Release of Claims described in Section 3 of this Resolution.
Section S: The Public Utilities General Manager or his
nominee is hereby designated as the Authorized Representative
of the City, pursuant to the Agreements described in Section 2
hereof.
0172w010587 -2-
The
this 6th
AT?EST:
~ity Clerk
foregoing Resolution is passed and adopted on
day of January , 1987.
0172w010587 _.~_ o ~ ~
(SEAL)
CLERK
STATE OF CALIFOP~NIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R-3 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 6th day of January, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: One
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-3 on the 6th day of January, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of January, 1987.
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. 87R-3 duly passed and adopted
by the Anaheim City Council on January 6, 1987.
CITY CLERK OF THE CITY OF ANAHEIm-