78-309RESOLUTION NO. 78R- 309
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING THE TERMS AND CONDITIONS
OF AN AGREEMENT WITH THE CITIES OF AZUSA,
BANNING, COLTON AND RIVERSIDE IN CONNECTION
WITH ANTITRUST LITIGATION AGAINST THE SOUTHERN
CALIFORNIA EDISON COMPANY AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT.
WHEREAS, the Cities of Anaheim, Azusa, Banning, Colton
and Riverside (the "Cities ") purchase power and energy from
Southern California Edison Company ( "Edison "), at wholesale,
under rates, terms and conditions adopted by Edison, subject to
approval by the Federal Energy Regulatory Commission ( "FERC");
and
WHEREAS, the Cities have heretofore filed a Complaint
in the United States District Court (Central District of
California) alleging that Edison violated the Sherman Antitrust
Act and the Robinson - Patman Price Discrimination Act by, among
other things, selling power and energy to retail customers
cheaper than power was sold to Cities; and
WHEREAS, the Cities have retained legal counsel, as
well as engineering, economic and other consultants to represent
the Cities and to analyze evidence and present testimony on
behalf of the Cities in the aforementioned action; and
WHEREAS, the Cities wish to enter into an Agreement
between the Cities to share the costs involved in the litigation
filed against Edison in the Federal District Court; and
WHEREAS, an agreement, entitled "Cost Sharing Agreement"
( "Agreement ") has been prepared whereby the Cities will share
costs involved in said litigation; and
WHEREAS, the terms and conditions of Agreement are
acceptable to the City Council of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the terms and
conditions of said Agreement are hereby approved and accepted.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be, and they are hereby, authorized to execute said Agreement on
behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this th of May
1978.
, jJAYOR OF THE CI HE IM
ATTEST: f'
CITY CLERK OF THE CITY OF ANAHEI
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