HomeMy WebLinkAboutCC Res 1420 1966-02-21
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RESOLUTION NO. 1420
A RESOLUTION OF THE CITY OF SEAL BEACH AUTHORIZING
THE ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT LEGAL
PROCEEDINGS.
WHEREAS, The City of Seal Beach (called Public End User
herein) has acquired certain concrete and steel pipe from certain
'manufacturers 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 connec-
tion with these matters;
NOW, THEREFORE, BE IT RESOLVED THAT THE ATTORNEY GENERAL OF
CALIFORNIA, IS HEREBY AUTHORIZED BY PVBLIC 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 com-
pensation 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:
1. Determine in his discretion what pipe
acquisition 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 by the
State or any political subdivision or public
agency thereof, in any manner he may deem
appropriate.
3. 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.
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Resolution Number
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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" including Public End
User, which are parties to said proceedings,
excepting the amount of attorneys' fees,
costs and expenses determined by the Court;
and
BE IT FURTHER RESOLVED Public End User, on request, advance
such sums and amounts for costs and expenses of carrying on the
ligitation herein, other than attorneys' fees, as may be determined
to be Public End User's fair share.
BE IT FURTHER RESOLVED, that such amount of attorneys' fees,
costs and expenses incurred py 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, APPROVED t AND ADOPTED by the City Council of the City
of Seal Beach, California, at a meeting thereof held on the
21st day of February, 1966, by the following vote:
AYES:
Councilmen Anderson, Gemmill, Steddom, Gummere,
and Nescher
Councilmen None
NOES:
ABSENT:
Councilmen None
ATTEST:
u~~
~n Nescher, Mayor
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F. W. Hickman
City Clerk
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