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HomeMy WebLinkAboutCity Council - 2591 RESOLUTION NO. 2591 RESOLUTION RE DISTRIBUTION OF SETTLEMENT FUNDS AMONG PLAINTIFFS WHEREAS, THE CITY OF HUNTINGTON BEACH, called Public End User herein) has by previous resolution authorized the Attorney General of the State of California, acting in his official capacity, to act as the legal representative of Public End User in connection with certain legal actions and. proceedings arising out of the acquisition by Public End User of concrete and steel pipe from certain manufacturers thereof; and WHEREAS, on May 5, 1967, said Attorney General, in negotiating a partial settlement of said actions, executed that certain document providing for distribution of settle- ment proceeds, entitled "Memorandum of Understanding Among Counsel for Plaintiffs in Western Pipe Cases -- Re Distribution of Settlement Funds Among Plaintiffs, " a copy of which has been delivered to Public End User; NOW, THEREFORE, Public End User, above named, does hereby approve and ratify said "Memorandum of Understanding Among Counsel for Plaintiffs in Western Pipe Cases -- Re Distribution of Settlement Funds Among Plaintiffs" and hereby authorizes said Attorney General to distribute in accordance therewith and pursuant to the authority hereby and heretofore conferred upon said Attorney General any monies received from settling defendants . Dated this 19th day of June, 1967. Public End User, above named, by: 17 Mayor ATTEST: Cit Jerk APPROVED AS TO FORM: r City Attorney 2 - t Name of Customer: CITY OF HUNTINGTON BEACH COVENANT NOT TO SUE WITNESSETH, that for and in consideration of the payment by United Concrete Pipe Corporation, Smith-Scott Co . , Inc . , Kaiser Steel Corporation, Martin-Marietta Corporation, U. S . Industries, Inc. , and United States Steel Corporation, on behalf of them and of all of their subsidiaries, parents or affiliated companies, all successors and assigns, all predecessor corporations, whether by merger, consolidation or otherwise, and all of their past, present or future officers, directors, agents and employees, all of such persons hereinabove referred to being beneficiaries hereof (hereinafter jointly and. severally referred to as "Suppliers") of the sum of One Dollar and other valuable consideration to the undersigned (hereinafter referred to as "Customer") , the receipt of which is hereby acknowledged, Customer hereby covenants and agrees that it will forever refrain from instituting, prosecuting, maintaining, pressing, collecting or proceeding against Suppliers upon any claims, controversies, actions, causes of action, obligations or liabilities of any nature whatsoever, whether or not now known, suspected or claimed which Customer ever had, now has or hereafter can, shall or may have or is alleged to have against Suppliers asserted under the Clayton Act (15 U.S.C. S . 15, 15a and 26) - 1 - or under any other state or federal antitrust law, or based upon allegations of fraud, collusion, conspiracy or false claims , pertaining to purchases made or contracted for, directly or indirectly, by Customer, or services rendered to Customer, prior to May 5, 1967 of any "pipe products and pipe services" as hereinafter defined. "Pipe products and pipe services" as used herein shall mean all those types and kinds of pipe and pipe services which are defined in the complaints of the State of Califor- nia as amended (Civil Nos . 43403 through 43407) , in the United. States District Court for the Northern District of California, and such other and different types of pipe and pipe services as (1) may have been designated as a basis for a claim by or on behalf of Customer in its response to Suppliers ' transaction interrogatories and. which designation was not withdrawn with consent of Suppliers or approval of the Court, or (2) was claimed by or on behalf of Customer for verification by Suppliers . Without limiting the generality of the foregoing definition, "pipe services" shall include coating, lining, processing and rehabilitation of pipe products or any of such activities. Customer hereby expressly reserves all of its rights to sue and. otherwise to proceed in any manner against any person, firm or corporation, other than Suppliers, with respect to claims and causes of action arising out of the acquisition by Customer of pipe products and pipe services made or contracted for at any time prior to May 55 1967, provided that in exercising any rights of Customer, Customer 2 - covenants and agrees that it will not seek or recover from any person, firm or corporation any damages or other compen- sation of the type or character hereinbefore referred to, resulting from, or claimed to have resulted from any acquisi- tion, direct or indirect, by Customer of any pipe products or pipe services manufactured, sold or rendered by Suppliers . It is expressly understood and agreed that this instrument is not and shall not be construed as a release of Suppliers or of anyone else as to any claim or cause of action; that the consideration paid by Suppliers does not represent and shall not be construed as compensation for any damages claimed to have been suffered by Customer with respect to purchases or contracts for the purchase of the aforesaid pipe products and pipe services, which claims have been denied by Suppliers . The consideration paid by Suppliers has been paid and accepted by Customer solely as a partial adjustment of the aggregate purchase price paid by Customer for direct or indirect acquisitions by Customer of pipe products produced or sold or pipe services performed by Suppliers . The aforesaid consideration is not a measure of the amount of any damages that are or may be or might be claimed by Customer, whether arising from sales of pipe or performance of pipe services by Suppliers or others, or as a result of acquisition of the same by Customer, and is not an admission of liability to Customer for any such damages, which liability is denied by Suppliers . It is also expressly understood and agreed that the consideration paid to Customer is predicated only upon sales of the aforesaid pipe products - 3 - or pipe services to Customer by Suppliers . Nothing contained in this covenant is or shall be construed as a limitation on the right of Customer to intro- duce into evidence at the trial of any action pending against any person, firm or corporation other than Suppliers any matter or fact relevant in said action, provided only that Customer shall not seek any damages in said action on account of its purchase, directly or indirectly, of pipe products produced or sold, or pipe services performed by, Suppliers . IN WITNESS WHEREOF, Customer has caused this covenant to be executed this � day of June, 1967. CUSTOMER: CITY OF HUNTINGTON BEACH By Rh .ay ATTEST: City Clerk APPROVED AS TO FORM: r� K. DALE BYSW City orney 4 - Res No. 2591 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 seven; 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 19th day of June , 19 67 , by the following vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: Stewart City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California