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RESOLUTION 69-62 EMPLOYING RUTAN AND TUCKER AS <br />COUNSEL FOR CITY IN THE PROSECUTION OF LAWSUIT <br />RE POSSIBLE WATER METER ANTITRUST VIOLATION <br /> <br /> WHEREAS, the City of Santa Aha has purchased water meters <br />from various suppliers; and <br /> <br /> WHEREAS, it appears that the suppliers of said water meters <br />and other persons have acted in violation of the antitrust laws of <br />the United States and of the State of california, and that the City <br />of Santa Ana, in the purchase of said water meters, may have paid <br />more than would have been paid if lawful competitive conditions had <br />prevailed; and <br /> <br /> WHEREAS, numerous cities have joined together in the prose- <br />cution of lawsuits to determine whether or not antitrust violations <br />have occurred; and <br /> <br /> WHEREAS, said cities have employed the law firm of Rutan and <br />Tucker, Santa Ana, to act as legal counsel in the prosecution of <br />said lawsuits; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED: That the City Attorney is <br />hereby authorized to communicate with Rutan and Tucker on the basis <br />of their letter of March 25, 1969, addressed to the City Attorney, <br />the desire of this City Council that the City of Santa Ana partici- <br />pate as a plaintiff in a lawsuit to be brought on its behalf by said <br />law firm against Rockwell Manufacturing Company, Neptune Meter <br />Manufacturing Company, Badger Meter Manufacturing Company, Hersey- <br />Sparling Meter Company, and Worthington Corporation to ascertain <br />whether antitrust violations have occurred and to collect damages <br />therefor in the event lawful competition has been frustrated; <br /> <br /> BE IT FURTHER RESOLVED: That the City Council understands <br />that RUTAN and TUCKER may have clients which either presently or <br />from time to time in the future may have interests adverse to the <br />City of Santa Ana and that said firm, therefore, has the right to <br />represent such clients in matters not connected or related to this <br />water meter antitrust matter; said representation may include liti- <br />gation, so long as said representation involves unrelated matters <br />in which no information or advantage is gained by virtue of this <br />antitrust representation. <br /> PASSED AND ADOPTED by the City Council of the City of Santa <br />Ana at its regular meeting held on the 5th day of May, 1969. <br /> <br />ATTEST: <br /> <br />CLERK OF THE COUNCIL <br /> <br />MAYOR <br /> <br />STATE OF CALIFORNIA) <br />COUNTY OF ORANGE ) <br />CITY OF SANTA ANA ) <br /> <br />SS <br /> <br /> I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of <br />the Council of the City of Santa Ana; that the foregoing Resolution <br />was introduced to said Council at its regular meeting held on the <br />5th day of May, 1969, and was at said meeting passed and adopted by the <br />following vote, to wit: <br /> <br />AYES, <br /> <br />NOES, <br /> <br />COUNCILMEN: ]terrin, Brooks, Markel, Patterson, Thurman, <br /> Villa, Griset <br />COUNCILMEN: None <br /> <br />ABSENT, <br /> <br />COUNCILMEN: None <br /> <br />CLERK OF THE COUNCIL <br /> <br /> <br />