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69-049
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69-049
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Last modified
1/3/2012 12:35:45 PM
Creation date
6/26/2003 10:46:44 AM
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City Clerk
Doc Type
Resolution
Doc #
69-49
Date
4/21/1969
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RESOLUTION 69-49 AUTHORIZING THE ATTORNEY GENERAL <br />OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS <br /> <br /> W~EREAS, the City of Santa Aha (hereinafter called Public End <br />User) has purchased asphaltic petroleum products (hereinafter called <br />products) either directly or indirectly; and <br /> <br /> WHEREAS, it appears that the suppliers of these products 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 User <br />in the purchase of these products may have paid more than would have <br />been paid if lawful 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 as <br />the legal representative of Public End User in connection with these <br />matters; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED THAT THE ATTORNEY GENERAL OF <br />CALIFOR/NIA IS HEREBY AUTHORIZED BY PUBLIC END 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 may <br />be entitled under applicable law, federal or state, by reason of legal <br />injuries received in the course of purchasing said products. In so <br />acting as attorney on behalf of Public End User, the Attorney General <br />may, among other things: <br /> <br /> 1. Determine in his discretion what product <br />transactions by Public End User, if any, would be <br />brought to suit. <br /> <br /> 2. Join all or any part of the claims of Public <br />End User in legal proceedings with all or any part of <br />similar claims in any manner he may deem appropriate. <br /> <br /> 3. Settle, compromise, or dismiss all or any <br />part of any claims of Public End User involved in such <br />proceedings in any manner he may deem appropriate. <br /> <br /> 4. Distribute in such manner as may be determined <br />or approved by the Court any money or other recoveries <br />received from the defendants in such proceedings, <br />whether by settlement, suit or otherwise, to the State, <br />its political subdivisions and public agencies, includ- <br />ing 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 Court; <br />and <br /> <br /> BE IT FURTHER RESOLVED, 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 deter- <br />mined to be Public End User's fair share; and <br /> <br /> BE IT FURTHER RESOLVED, that such amount of attorneys' fees, <br />costs and expenses incurred by the State in connection with said <br />proceedings as may be determined or approved by the Court, less <br />amounts paid in advance by Public End User, shall be paid into the <br />State Treasury for services rendered and costs and expenses incurred <br />by the Office of the Attorney General; and <br /> <br /> BE IT FURTHER RESOLVED, that Public End User will provide to <br />the Attorney General the necessary data identifying the transactions <br />on which the Public End User seeks to claim damages in the legal <br /> <br />-1- <br /> <br /> <br />
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