HomeMy WebLinkAboutReso 4412-1966RESOLUTION NO. 4412
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING THE
ATTORNEY GENERAL OF CALIFORNIA
TO CONDUCT LEGAL PROCEEDINGS
WHEREAS, the City of South San Francisco (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
California 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 com-
petitive 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 reciver 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 ac-
quiring 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
acquisition transaction by Public End User, if any,
would be brought to suit.
2. Join all or any part of the claims of Pub-
lic 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 appropriate.
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 determined
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 approved by the
Court; and
BE IT FURTHER RESOLVED that Public End User will, on
request, advance such sums and amounts for costs and ex-
penses of carrying on the litigation herein, other than
attorneys' fees, as may be determined to be Public End
User's fair share.
BE IT FURTf~R RESOLVED that such amount of attorneys'
fees, costs and expenses incurred by the State in con-
nection 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.
Public End User, a~ove named,
by:
(Signatures of members of governing board)
I hereby certify that the foregoing resolution was
regularly introduced and adopted by the City Council of
the City of South San Francisco at a regular
meeting held on the _Tth day of
by the following vote:
March , 19 66
Frank J. Bertucelli, Patrick P-. Ahem, Emilio
Cortesi, Andrew Rocca and Guido J. Rozzi
AYES, COUNCILMEN
NOES, " None
ABSEN~f, " None
ATTEST: