HomeMy WebLinkAboutResolution No. 81560 0
RESOLUTION NO. 8156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA APPROVING THE TERMS AND CONDITIONS OF CERTAIN
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
Law No. 98-381 (the "Act"), was enacted by the Congress
of the United States; and
WHEREAS, the Act provides, among other things,
for disposition of power from 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 Adminis-
tration, 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
441 RDF, unless those parties agree to file a Stipulation
for Voluntary Dismissal with prejudice of their claims,
counterclaims, or cross-claims, as the case may be, and
file with the Secretary of Energy a document releasing the
United States, its officers and agents, and all 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 energy 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 trans-
mitted by Edison from Mead Substation to the City.
NOW, THEREFORE, the City
Azusa does hereby RESOLVE as follows:
Section 1: That the term
following Agreements, substantially
been submitted to this meeting of
the same are hereby approved:
Council of the City of
s and conditions of the
in the form which has
the City Council, be and
A. Contract No. 7-07-30-P1022 between United States
Department of the Interior, Bureau of Reclamation, Boulder
Canyon Project and City of Azusa, California for the Advance
of Funds for the Uprating Program at Hoover Power Plant.
B. Contract No. DE-MS65-86WP39575 between United
States Deprtment of Energy, Western Area Power Administration,
Boulder Canyon Project and City of Azusa, California for
Electric Service.
C. Edison -Azusa Hoover Integration Agreement between
Southern California Edison Company and the City of Azusa.
D. Edison -Azusa Mead Firm Transmission Service
Agreement between Southern California Edison Company and
City of Azusa.
Section 2: The City Council of the City of Azusa
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, District 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 5: The Director of Utilities or his nominee
is hereby designated as the Authorized Representative of
the City, pursuant to the Agreements described in Section
2 hereof.
The foregoing Resolution is passed and adopted
on this 5th day of January, 1987.
MAYO
I hereby certify that the foregoing Resolution
was duly adopted by the City Council of the City of Azusa
at a regular meeting thereof held on the 5th day of January,
1987, by the following vote of the Council:
AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES
NOES: NONE
ABSENT:
None