Resolution Number 69-4-14-5RESOLUTION NO. 69-4-14-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO AUTHORIZING THE
ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT
PROCEEDINGS REGARDING PRICE FIXING OF
ASPHALTIC PETROLEUM PRODUCTS.
WHEREAS, the City of San Juan Capistrano (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, 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 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 subdivision and public agencies, in-
cluding Public End User, which are parties to said
proceedings, excepting the amount of attorney's 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
litigation herein, other than attorney's fees, as may be determined
to be Public End User's fair share; and
BE IT FURTHER RESOLVED, that such amount of attorney's fees,
costs and expenses incurred by the State in connections 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 provide
to the Attorney General the necessary date identifying the trans-
actions on which the Public End User seeks to claim damages in the
legal proceedings authroized 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.
DATED: Pub is End User above named by:
-Raward S. Chermak,mayor
CERTIFICATE
The undersigned hereby certifies that he is the duly
qualified and acting City Clerk of the Public End User named above
and that the attached and foregoing is a full, true and correct
copy of a Resolution duly and regularly adopted by the City Council
of the City of San Juan Capistrano thereof at a meeting duly and
regmlarly called, noticed and held on the 14th day of April, 1969,
at which a quorum was present.
DATED:
fir st A. Thompson, City r —