HomeMy WebLinkAboutResolution No. 2254 RESOLUTION NO. 2254
AUTHORIZING THE ATTORNEY GENERAL OF CALIFORNIA
TO CONDUCT LEGAL PROCEEDINGS
WHEREAS, the City of Downey (herein-
(Type your legal name here )
after 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, BE IT RESOLVED 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 com-
pensation 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 deter-
mined 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 attor-
neys' 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; and
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;
and
BE IT FURTHER RESOLVED, that public End User will pro-
vide 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,
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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.
DATED: June 9, 1969
Public End User, above named, by:
(
-e 7, 1 ,1,-/ 0 .01--4
Mayor Pro Tempore
-; k �i .. , c:, -- y Councilman 6„..
Councilman
ce--)14.04404, t )1AtIlevk
Councilman
Signature or members of governing
board)
CERTIFICATE
The undersigned hereby certifies that he is the duly qualified
and acting City Clerk
(Secretary, County Clerk, or other appropriate officer)
of the Public End User named above and that the attached and fore-
going is a full, true and correct copy of a Resolution duly and
regularly adopted by the City Council
(Board of Directors, Council, Board of
the City of Downey thereof at a meeting
Supervisors, or other governing board)
duly and regularly called, noticed and held on the 9th day of
June , 1969, at which 8.
quorum was present.
DATED: June 9, 1969 s
S ignature of cer
� Y
City Clerk
(Title)
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