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RESOLUTION 69-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA AUTHORIZING THE ATTORNEY GENERAL
OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS
WHEREAS, the City of Costa Mesa (hereinafter 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
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 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 of 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 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, 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 provide to
the Attorney General the necessary data identifying the transactions
on which the Public End User seeks to claim damages in the legal pro-
ceedings 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.
ATTEST:
Mayor of the City of Costa Mesa
City C1 rk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I. C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio
Clerk of the City Council of the City of Costa Mesa, hereby certify that
the above and foregoing Resolution No. 69-37 was duly and regularly
passed and adopted by the City Council of the City of Costa Mesa at a
regular meeting held on the 5th day of May, 1969.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the City of Costa Mesa this 6th day of May, 1969.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
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