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HomeMy WebLinkAbout4065 o RESOLUTION NO. 4065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING THE ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS. WHEREAS, the CITY OF ARCADIA, (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 CALIFORNIA 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 com- pensation 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- 4065 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 appro~riate. 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 proceedihgs, 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 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 attorneYE' fees, as may be determined 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 -2- 4065 BE IT FURTHER RESOLVED, that Public End User will provide to the Attorney General the necessary data identifying the trans- actions on which the Public End User seeks to claim damages in the legal 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 DATED: to submit damage claims in these proceedings. CITY OF ARCADIA, By: {], 1F,kY- It.2:L MAYO!€. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Arcadia, held on the 6th day of May , 1969, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Butterworth, Considine and Hage NOES: ABSTAINED: ABSENT: Councilman Helms Councilman Arth None ~",:~,ti-?t,~G aA/~ City Clerk of the City of Arcadia, SIGNED AND APPROVED this 6th day of May, , 1969', (!/ If r4J' ~ Mayor of the City of Arcadia ;~EST:_ ,) (' ~. ~~ 1ht ~ City Cler ' (SEAL) -3- 4065