HomeMy WebLinkAbout1966-02-15; City Council; Resolution 1226AUTHORIZING TKE ATTORNEY GENERAL OF CALIFORNIA
TO CONDUCT LEGAL PROCEEDINGS
WHEBEAS,CITY OF CARLSBAD, CALIFORNIA,a Municipal Corporation
(type your legal name' here}
(called Public End User herein) has acquired certain concrete
and steel p&pe 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 mare for said pipe or projects containing pipe than would
have been paid if lawful competitive conditions had pravailed;
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 a,ct as the legal representative of Public End
User in connection with these matters;
NOW, THEREFORE, BE IT RESOLVED THAT THE AT
GENERAL OF CALIFORNIA, IS HEREBY AUTHORIZED BY PUBLIC END USER,
acting through its duly constituted governing body, to take
any and all legal actfon and proceedings that he may deem
appropriate to recover for Public End User such monetary
damages and other compensa>tian 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.
so acting as attorney on behalf of Public End User, the
Attorney General may, among other things:
In
1.
1. Determine in his discretion what pipe
acquisition 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 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 a,ny 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 attorney%' fees, costs and expenses
deterrained or approved by the Court; and
BE IT FURTHER RESOLVED, Pnbllc End User will, on
request, advmce 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 ca~ection
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
2,
costs and expenses incurred by the Office of' the Attorney
General.
February 15, 1966 DATED :
Public End User, above named, by:
(Signatures of members of governing
bo a,r d.)