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HomeMy WebLinkAbout72-72 - Partial Settlement - California, et al, vs. Standard Oil Company, et alRESOLUTION NO. 72-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING A PARTIAL SETTLEMENT IN THE CASE OF STATE OF CALIFORNIA, ET AL. VS. STANDARD OIL COMPANY OF CALIFORNIA, ET AL., CIVIL ACTION NO. 51107, AND DESIGNATING THE USE OF FUNDS OBTAINED FROM SAID SETTLEMENT. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: THAT, WHEREAS, the Department of Justice for the State of California on behalf of the State of California, and ninety-two (92) cities, thirty- six (36) counties and twelve (12) other plaintiffs has brought suit under the Sherman Anti -Trust Act against several oil companies alleging violation of said act on the sale of asphalt paving materials; and WHEREAS, the Department of Justice for the State of California represents the City of Costa Mesa in said action; and WHEREAS, the Office of the Attorney General has proposed a settle- ment with Golden Bear (Witco) and Edington Oil Company for the sum of $100,000.00; and WHEREAS, said sum of $100,000.00 shall be used for the expenses of proceeding against the remaining defendants in said action; and WHEREAS, it is necessary to execute certain releases and agreements in connection with said settlement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Costa Mesa as follows: Section 1. That the settlement of the suit filed on behalf of the City of Costa Mesa, by the Department of ,justice for the State of California against Witco Chemical Corporation, Robert L. Feldman, and Edington Oil Company, in State of California, et al. vs. Standard Oil Company of California, et. al. Civil Action 51107 as set forth in the settlement agreement entered into by the Office of the Attorney General for the State of California, as liaison counsel for the City of Costa Mesa, it is hereby authorized, approved and ratified. Section 2. That the City Attorney for the City of Costa Mesa, Roy E. June, be, and he is hereby authorized to execute and deliver the final release approved by the Office of the Attorney General for the State of California, and cause the suit to be dismissed without prejudice, each party to bear its own cost and attorney's fees. BE IT FINALLY RESOLVED, that the City Attorney for the City of Costa Mesa be, and he is hereby authorized to execute such papers and documents as are necessary to accomplish the aforementioned release and to deliver the same to the Office of the Attorney General for the State of California for his use in disposition in the aforementioned case. PASSED AND ADOPTED this 7th day of August, 1972. Mayor of the City of Costa Mesa ATTEST: cla__4� 9 (2�_ City Clerk of the City of Cost esa STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, 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. 72-72 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting thereof held on the 7th day of August, 1972. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa, this 8th day of August, 1972. City Clerk and ex -officio Cleof the City Council of the City of C sta Mesa