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.
•