HomeMy WebLinkAboutReso - CC - 016-19661
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32 hh.
RESOLUTION NO. 16-66
AUTHORIZING THE ATTORNEY GENERAL OF
CALIFORNIA TO CONDUCT LEGAL PROCEED
WHEREAS, The City of Burlingame, a municipal corporation,
(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 antitrust 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 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 connect
with these matters;
NOW, THEREFORE, BE IT RESOLVED THAT THE ATTORNEY GENERAL OF
CALIFORNIA, IS HEREBY AUTHORIZED BY PUBLIC END USER, acting throug.
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 acquiring
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
transactions by Public End User, if any, would be brought
to suit.
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2. Join all or any part of the claims of Public
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, 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.
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.
n
WILLIAM J. CRq,SBY, MAYO
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I, Herbert K. White, City Clerk of the City of Burlingame,
do hereby certify that the foregoing Resolution was introduced at
a regular adjourned meeting of the City Council held on the 2nd
day of March, 1966, and adopted thereafter by the following vote:
AYES: Councilmen: Crosby-Diederichsen-George-Johnson-Martin.
NOES: Councilmen: None
Absent Councilmen: None
HERBERT K. WHITE, CITY