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HomeMy WebLinkAboutCity Council - 2321 J RESOLUTION No. 2321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS. WHEREAS, CITY OF HUNTINGT©N 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 anti- trust laws of the United States and of the State of Califor- nia 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 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 compensation to which it may be entitled under applicable law, federal or state, by reason 1. Res. No. 2321 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 ae- quisition 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 appropri- ate. 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. 4. Distribute in such manner as may be determin- ed 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 or approv- ed by the Court; and 2. Res. No. 221 BE IT FURTHER. RESOLVES, Public End User will, on request, advance such sums and amounts for costs and ex- penses of carrying on the litigation herein, other thaw attorneys' fees, as may be determined to be Public End User's fair share. BE IT FURTHER RESOLVES, that such amount of attorney's fees, costs and expenses incurred by the State in connect. ion 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 AND ADOPTED by the City Council of the City of Huntington Beach, California, this 21st I day of February 1966* ayor Pro Test ATTEST: City jWk APPROVED ,AS TO FORM: JAME D. PLUNKETT City .attorney 3- Res® No 2321 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 21st day of February, 19 66, by the following vote : AYES: Councilmen: Gisler, Stewart, Lambert NOES: Councilmen: None ABSENT: Councilmen: Welch, Shipley Ci Clerk Clerk of the City--Council of the City of Huntington Beach, California