HomeMy WebLinkAbout69-049RESOLUTION 69-49 AUTHORIZING THE ATTORNEY GENERAL
OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS
W~EREAS, the City of Santa Aha (hereinafter called Public End
User) has purchased asphaltic petroleum products (hereinafter called
products) either directly or indirectly; and
WHEREAS, it appears that the suppliers of these products 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 purchase of these products may have paid more 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
CALIFOR/NIA IS HEREBY AUTHORIZED BY PUBLIC END 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 purchasing said products. In so
acting as attorney on behalf of Public End User, the Attorney General
may, among other things:
1. Determine in his discretion what product
transactions by Public End User, if any, would be
brought to suit.
2. Join all or any part of the claims of Public
End User in legal proceedings with all or any part of
similar claims in any manner he may deem appropriate.
3. Settle, compromise, or dismiss all or any
part of any claims of Public End User involved in such
proceedings in any manner he may deem appropriate.
4. Distribute in such manner as may be determined
or approved by the Court any money or other recoveries
received from the defendants in such proceedings,
whether by settlement, suit or otherwise, to the State,
its political subdivisions and public agencies, includ-
ing 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, 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 deter-
mined to be Public End User's fair share; and
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; and
BE IT FURTHER RESOLVED, that Public End User will provide to
the Attorney General the necessary data identifying the transactions
on which the Public End User seeks to claim damages in the legal
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proceedings authorized by this resolution, and that Public End User
shall provide the personnel necessary to accumulate from the records
of Public End User the documents and other materials necessary to
prepare and submit damage claims in these proceedings.
PASSED AND ADOPTED by the city Council of the city of Santa
Ana at its regular meeting held on the 21st day of April, 1969.
ATTEST:
CLERK OF THE COUNCIL
MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I am the Clerk
of the Council of the city of Santa Ana; that the foregoing Resolution
was introduced to said Council at its regular meeting held on the
21st day of April, 1969, and was at said meeting passed and adopted
by the following vote, to wit:
~ERRIN, BROOKS, MARKEL, PATTER~ON,
AYES, COUNCILMEN: ~HU~A~ VILe, GRI$~
NOES, COUNCILMEN: No.e
ABSENT, COUNCILMEN: None
CLERK OF THE COUNCIL
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