HomeMy WebLinkAboutReso 5074-1969RESOLUTION NO. 5074
AUTHORIZING THE ATTORNEY GENERAL OF CALIFORNIA
TO CONDUCT LEGAL PROCEEDINGS
City of South San Francisco,
WHEREAS, a municipal corporation, (herein-
(Type your legal name here)
after 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
WHEREkS, 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. 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 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 deter-
mined 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 attor-
neys' fe,es, 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 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 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
BE IT FURTHER RESOLVED, that Public End User will pro-
vide to the Attorney General the necessa.ry 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.
DATED:
April 21, 1969
~ c._~End Us~above named, by:
(ST'gnature of m~mbers 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 21st day of
Apri 1
, 19 69 , by the
following vote:
AYES, COUNCILMEN
NOES, "
ABSENT, "
Frank J. Bertucelli, Patrick E. Ahem, F. Frank
Mammini, Andrew Rocca and Warren Steinkamp
None
None
City Clerk