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