HomeMy WebLinkAboutRES NO 9-66RESOLUTION NO. 9'66
RESOLUTION OF THE, COUNCIL OF THE CITY OF ..:
BAKERSFIELD AUTHORIZING THE ATTORNEY .
GENERAL OF CALIFORNIA TO CONDUCT LEGAL .'
PROCEEDINGS
WHEREAS, City of Bakersfield (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 th'e 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'ol'California, acting in
his official capacity to protect'.and further the'legal interests of
the State~ 'its political subdi~isiOn~ and agencies,· has'offered to
actas the legal' representative of.Public:End User in connection
with these matters; '
~· NOW~ THEREFORE~ BE IT RESOLVED that. the AttOrney General
of California~ is hereby authorized' by public e.nd user,~acting
through its duly constituted governing body? to take .any and all
legal action and proceedings that~he may deem·appropriate to recover
forPublic End User such monetary ·damages and other compensation to
Which· i~ may be entitled under applicable· law~ federal or state~
by reason of legal injuries.received inlthe course ofa6quiring 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 ~ublic End.I.-User~ i£
any,'would be brought tosuit.
2. Join all'or any'part oftheclaims of
· Public.EndUser 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 theCour~ 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 .Users.
"which are parties to said proceedings,-excepting
th~ mount 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 o~ ~carrying on
the litigation herein, other than .attorneys'-.~ees, as may be deter-
mined to be Public End User's ~air share-.
BE IT F~RTHER RESOLVED~ that 'sUch amount of -attorneys' fees~
costs and expenses lincUrred by the State ·in connection with said pro-
ceedings as may be determined or approved by the Court, less amounts
paid in advance by Public End User, shall'be paid.into the State T
Treastrr~"~for-I-se-rwices ~renderec~nd---costs~and~- expenses;- incu'rred-~by~--
the Office .of the Attorney General.
...... o0o
,2-.
i HEREBY CERTIFY that the foregoing Resolution was.passed
'and adopted by'the'Council of the City of Baker. sfield at a regular
meeting thereof heid on the 21st day of February, I9e6, by the
following. vote:
PUBLIC.END-USER
AYES:
· Absent:
· Abstaining: None
"Councilmen Balfanz, Doolin., Hosking~ Park, Rucker','Stiern,
WhAtremote
None '
None
· CITY~C~' a~'bex-offic'id clerk oi the
Council of ~the City of Bakersfield
~of February, 1966
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