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RESOLUTION 66-43 AUTHORIZING THE ATTORNEY GENERAL <br />OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS FOR <br />THE CITY OF SANTA ANA <br /> <br /> WHEREAS, the CITY OF SANTA ANA (called Public End User herein) <br />has acquired certain concrete and steel pipe fro~a certain manufac- <br />turers thereof, either directly or indirectly; and <br /> <br /> WHEREAS, it appears that the manufacturers of said pipe and <br />other persons have acted in violation of the antitrust laws of the <br />United States and of the State of California and that Public End <br />User in the acquisition of said pipe may have paid more for said pipe <br />or projects containing pipe than would have been paid if lawful <br />competitive conditions had prevailed; and <br /> <br /> WHEREAS, the Attorney General of California, acting in his <br />official capacity to protect and further the legal interests of the <br />State, its political subdivisions and agencies, has offered to act <br />as the legal representative of Public End User in connection with <br />these matters; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED: That the Attorney General of <br />California is hereby authorized by Public E~d User, acting through <br />its duly constituted governing body, to take any and all legal action <br />and proceedings that he may deem appropriate to recover for Public <br />End User such monetary damages and other compensation to which it <br />may be entitled under applicable law, federal or state, by reason of <br />legal injuries received in the course of acquiring said pipe. In <br />so acting as attorney on behalf of Public End User, the Attorney <br />General may, among other things: <br /> <br />Determine in his discretion what pipe acquisition <br />transactions by Public End User, if any, would be <br />brought to suit. <br /> <br />Join all or any part of the claims of Public End <br />User in legal proceedings with all or any part of <br />similar claims by the State or any political <br />subdivision or public agency thereof, in any manner <br />he may deem appropriate. <br /> <br />e <br /> <br />Settle, compromise, or dismiss all or any part of <br />any claim of Public End User involved in such <br />proceedings in any manner he may deem appropriate. <br /> <br />0 <br /> <br />Distribute in such manner as may be determined or <br />approved by the Court any money or other recoveries <br />received fr~ the defendants in such proceedings, <br />whether by settlement, suit or othezwise, to the <br />State, its political subdivisions and public agencies, <br />including Public End User, which are parties to said <br />proceedings, excepting the amount of attorneys' fees, <br />costs and expenses determined or approved by the <br />court; and <br /> <br /> BE IT FURTHER RESOLVED= That Public End User will, on request, <br />advance such sums and amounts for costs and expenses of carrying on <br />the litigation herein, other than attorneys' fees, as may be <br />determined to be Public End User's fair share, but Public End User <br />shall not be obligated to advance any sums or amounts for costs and <br />expenses in excess of $1,600.00 without further action of approval <br />by its City Council. <br /> <br />-1- <br /> <br /> <br />