HomeMy WebLinkAbout66-043RESOLUTION 66-43 AUTHORIZING THE ATTORNEY GENERAL
OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS FOR
THE CITY OF SANTA ANA
WHEREAS, the CITY OF SANTA ANA (called Public End User herein)
has acquired certain concrete and steel pipe fro~a certain manufac-
turers thereof, either directly or indirectly; and
WHEREAS, it appears that the manufacturers of said pipe and
other persons have acted in violation of the antitrust laws of the
United States and of the State of California and that Public End
User in the acquisition of said pipe may have paid more for said pipe
or projects containing pipe than would have been paid if lawful
competitive conditions had prevailed; and
WHEREAS, the Attorney General of California, acting in his
official capacity to protect and further the legal interests of the
State, its political subdivisions and agencies, has offered to act
as the legal representative of Public End User in connection with
these matters;
NOW, THEREFORE, BE IT RESOLVED: That the Attorney General of
California is hereby authorized by Public E~d User, acting through
its duly constituted governing body, to take any and all legal action
and proceedings that he may deem appropriate to recover for Public
End User such monetary damages and other compensation to which it
may be entitled under applicable law, federal or state, by reason of
legal injuries received in the course of acquiring said pipe. In
so acting as attorney on behalf of Public End User, the Attorney
General may, among other things:
Determine in his discretion what pipe acquisition
transactions by Public End User, if any, would be
brought to suit.
Join all or any part of the claims of Public End
User in legal proceedings with all or any part of
similar claims by the State or any political
subdivision or public agency thereof, in any manner
he may deem appropriate.
e
Settle, compromise, or dismiss all or any part of
any claim of Public End User involved in such
proceedings in any manner he may deem appropriate.
0
Distribute in such manner as may be determined or
approved by the Court any money or other recoveries
received fr~ the defendants in such proceedings,
whether by settlement, suit or othezwise, to the
State, its political subdivisions and public agencies,
including Public End User, which are parties to said
proceedings, excepting the amount of attorneys' fees,
costs and expenses determined or approved by the
court; and
BE IT FURTHER RESOLVED= That Public End User will, on request,
advance such sums and amounts for costs and expenses of carrying on
the litigation herein, other than attorneys' fees, as may be
determined to be Public End User's fair share, but Public End User
shall not be obligated to advance any sums or amounts for costs and
expenses in excess of $1,600.00 without further action of approval
by its City Council.
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BE IT FURTHER RESOLVED: That such amount of attorneys' fees,
costs and expenses incurred by the State in connection with said
proceedings as may be determined or approved by the Court, less
amounts paid in advance by Public End User, shall be paid into the
State Treasury for services rendered and costs and expenses incurred
by the Office of the Attorney General.
PASSED AND ADOPTED by the City Council of the City of Santa
Ana at its regular meeting held on the 21st day of March, 1966.
ATTEST:
CLERK OF THE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SANTA ANA )
SS
I, DORIS M. BROWN, do hereby certify that I am the Clerk of
the Council of the City of Santa Ana; that the foregoing Resolution
was regularly introduced to said Council at its regular meeting held
on the 21st day of March, 1966, and was at said meeting regularly
passed and adopted by the following vote, to wit:
AYES
Gilmore, ~rookt, Burk, Herren, Markel
COUNCILMEN: ~ I*~my
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: .~o~
CLERK OF THE COUNCIL