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HomeMy WebLinkAbout6305 - Attorney General to Represent Cityaem /66 (12) 1 RESOLUTION NO. 6305 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HWPCR�i MACH AUTHORIZING THE ATTORNEY GENKRAL Or 3 CALIFORDW, TO REPPMENT THE. CITY AS LEGAL, COUNSEL IN.I-':,N l:,ijP111" UST.ACTION AGAINST CERTAIN VaNUFACTURERS IS 4 OF NAM, PIPE NA MD , IN A C10IQ AIN L a IL M ON BEHALF 51 OF Ta3E STATE CF CALIFORNIA 6 CRS S, the City of Newport Beach has acquired certain 7 concrete and steel pipe from certain manufacturers thereof, either 8 directly or indirectly; and 9 MHERVZ , it appears that the manufacturers of said 10 pipe and other persons have acted. in violation of the antitrust 11 laws of the United States and of the State of California and 12 that the City in the acquisition of said pipe may have said more 13 for said pipe or projects containing pipe than would have been 14 paid if lawful competitive conditions had prevailed; and 15 I.- REAS, the Attorney General of California, acting in 16 his official capacity to protect and further the legal interests 17 of the State, its political subdivisions and agencies, has is offered to act as the legal representative of the City of Newport 19 Beach in connection with these matters; 20 NOBS, TF.EI=M'E, BE IT 1MESOLVED that the Attorney General 21 of California is hereby authorized by the City Council of the 22 City of Newport Beach to take any and all legal action and pro - 23 ceedings that he may deem appropriate to recover for the City 24 such monetary damages and other compensation to which it may be 25 entitled under applicable law, federal or state, by reason of 26 legal injuries received in the course of acquiring said pipe. In 27 I so acting as attorney on behalf of the City, the Attorney General 28 may, among other things: 29 1. Determine in his discretion what pipe acquisition • 30 transactions by the City, if any, would be bvought to suit. 31 2. ,Loin all or any part of the claims of the City in 32 legal proceedings with all or any part of similar claims • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20, 211 22 23 24 25 26 27 28 29 30 31 321 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 the City involved in such proceedings after first obtaining the written consent of the City Attorney. 4. Distribute in such manner as may be determined or approved by the Court any money or other recoveries receivee from the defendants in such proceedings, c7hether by settle- went, suit or otherwise, to the State, its political sub- divisions and public agencies, including the City, which are parties to said proceedings, excepting the amount of attorneys' fees, costs and expenses determined or approved: by the Court; and 8� aT >ETP�T?n Idb SOTM�VgO that the City er ll, 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 the City's fair share. BE IT tURTI M RESOMM that such amount of attorneys' fees, costs and expenses incurred by the State in connecticn with said proceedings as may be ectermined or approved by the Court, less amounts paid in into the State Treasury for expenses incurred by the Of ADOPTED this 28th advance by the City, shad be *paid services rendered and costs and Eice of the Attorney General. day of 'February , 1966. Mayo: ATTEST: '"ilty 2. i . STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 6305 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 28th day of February , 19 66 , by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Parsons, Marshall, Elder, Gruber, Cook, Forgit, Shelton None Dated this 1st day of March None 19 66 City Clerk and Ex fficio Clerk of the City Council, City of Newport Beach, State of California. •