HomeMy WebLinkAboutCity Council - 2976 RESOLUTION NO. 2976
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE ATTORNEY
GENERAL OF THE STATE OF CALIFORNIA TO CONDUCT
LEGAL PROCEEDINGS
WHEREAS, the City of Huntington Beach (hereinafter called
Public End User) has purchased asphaltic petroleum products
(hereinafter called products ) either directly or indirectly; and
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
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 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. 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
1.
in legal proceedings with all or any part of similar claims
in any manner he may deem appropriate .
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 ap-
proved by the Court any money or other recoveries received from
the defendantsin 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 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 carry-
ing on the litigation herein, other than attorneys ' 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
such 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
BE IT FURTHER RESOLVED that Public End User will provide
to the Attorney General the necessary data identifying the
transactions 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 necessary to prepare and submit damage
claims in these proceedings .
PASSED AND ADOPTED by the City Council of the City of
the City of Huntington Beach at a regular meeting thereof held
on the 21st day of April, 1969 .
>X,
Mayor
2.
ATTEST :
City er
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Res. No.
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2 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
3 CITY OF HUNTINGTON BEACH )
4 I , PAUL C. JONES, the duly elected, qualified and
5 acting City Clerk of the City of Huntington Beach., and ex-
6 officio Clerk of the City Council of said City, do hereby
7 certify that the whole number of members of the City Council
8 of the City of Huntington Beach is seven; that the foregoing
9 resolution was passed and adopted by the affirmative vote of
10 more than a majority of all the members of said City Council
11 at a regular meeting thereof held on the 21st
12 day of April , 13 69 , by the following vote:
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14 AYES: Councilmen:
15 Shipley, Bartlett, McCracken, Kaufman, Matney,
16 Coen, Green
NOES: Councilmen:
17 None
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ABSENT: Councilmen:
19
None
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21
City Clerk a ex-officio Clerk
22 of the City Council of the ,City
of Huntington Beach, California
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