HomeMy Public PortalAboutResolution 69-9091
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RESOLUTION No. 69 -909
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY AUTHORIZING THE
ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT
LEGAL PROCEEDINGS.
WHEREAS, the City of Temple City (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, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. 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 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 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
SECTION 2. 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
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RESOLUTION No. 69 -909
SECTION 3. 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 State Treasury for services rendered and costs and expenses
incurred by the Office of the Attorney General; and
SECTION 4. 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 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.
SECTION 5. That the City Clerk shall certify to the
adoption of this Resolution.
PASSED AND ADOPTED this 6th day of May, 1969.
MAYOR OF THE CITY OF
TEMPLE CITY, CALIFORNIA
ATTEST:
TY CLERK
I hereby certify that the foregoing Resolution was duly
adopted by the City Council of the City of Temple City at a
regular meeting thereof, held on the 6th day of May, 1969, by the
following vote of the Council:
AYES: Councilmen- Beckley, Briggs, Merritt, Tyrell, Harker
NOES: Councilmen- None
ABSENT: Councilmen- None
/t{c-as,
CITY CLERK