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HomeMy WebLinkAbout69-062RESOLUTION 69-62 EMPLOYING RUTAN AND TUCKER AS COUNSEL FOR CITY IN THE PROSECUTION OF LAWSUIT RE POSSIBLE WATER METER ANTITRUST VIOLATION WHEREAS, the City of Santa Aha has purchased water meters from various suppliers; and WHEREAS, it appears that the suppliers of said water meters and other persons have acted in violation of the antitrust laws of the United States and of the State of california, and that the City of Santa Ana, in the purchase of said water meters, may have paid more than would have been paid if lawful competitive conditions had prevailed; and WHEREAS, numerous cities have joined together in the prose- cution of lawsuits to determine whether or not antitrust violations have occurred; and WHEREAS, said cities have employed the law firm of Rutan and Tucker, Santa Ana, to act as legal counsel in the prosecution of said lawsuits; NOW, THEREFORE, BE IT RESOLVED: That the City Attorney is hereby authorized to communicate with Rutan and Tucker on the basis of their letter of March 25, 1969, addressed to the City Attorney, the desire of this City Council that the City of Santa Ana partici- pate as a plaintiff in a lawsuit to be brought on its behalf by said law firm against Rockwell Manufacturing Company, Neptune Meter Manufacturing Company, Badger Meter Manufacturing Company, Hersey- Sparling Meter Company, and Worthington Corporation to ascertain whether antitrust violations have occurred and to collect damages therefor in the event lawful competition has been frustrated; BE IT FURTHER RESOLVED: That the City Council understands that RUTAN and TUCKER may have clients which either presently or from time to time in the future may have interests adverse to the City of Santa Ana and that said firm, therefore, has the right to represent such clients in matters not connected or related to this water meter antitrust matter; said representation may include liti- gation, so long as said representation involves unrelated matters in which no information or advantage is gained by virtue of this antitrust representation. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 5th day of May, 1969. ATTEST: CLERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS 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 5th day of May, 1969, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: ]terrin, Brooks, Markel, Patterson, Thurman, Villa, Griset COUNCILMEN: None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL