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HomeMy WebLinkAboutReso - CC - 016-19661 2 3 4I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Ki97 31 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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