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HomeMy WebLinkAboutReso 1969-5175RESOLUTI~Oi; N0. 5Y7S AUTriOF.IZtNG T~-?F ATI'ORNLY Gl',iti'Er.AL OF CAI,l~'ORiv'LA i0 COPIDUCT LEG_~.L Pi OCEEDI:~GS WtiERE~'~S , _-- ira City ar Chula Vi~t~ (herein ~pe your legal name~here~~~ after called Public End User) has purctLasvd asp'rialtic petroleu.~n products (hereinafter called products) either d3_rectl_y or indirectly; and WHF,REAS, it appears that the suppliers of these products and other- persons have acted in violation of the antitrust laws of the United States ar.d of the State of California, and that Pub?i.c End User, in the purchase of these products may have paid more than. would have been paid if lawful comp~•titive conditions had prevailed; ar~d WHEREAS, the Attorney General of California, act~_ng in his official capacity to protect and further the legal interest 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 TrIE ATTOR~~Y GENEP.AL OF CALTFOP.NIA IS IiEREBY AUTHORI'ED BY PUBLiC ENJ~ USER, acting through. its duly constituted governing body, to take any ar:d all legal action and proceedings that he may deem appropriate to recover for Public End User such monetary a?:nagos arLci other com- pensation to which it may be entitled under applicable law, federal or state, by reason of legal i:juries roceived in the course of purchasing said products. In so acting a.s attorney on behalf of Public End User, the Attorney General gray, among other things: I. Determine in his discretion [d~zat product transactions by Public End User, if ar.y, would b• _...' brought to suit. 2. Join all or any part: of the claims of Public End User in Iegal 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 cl_aiirsof 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 suzris 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 FURTI~ER RESOLVED, that Public End Us4-r wi_I1 pro- vide to the Attorney General the necessary data identifying the transactions on c~~hich the Public End User s: eks to claim damages in the legal proceedings authorized by this resolution, 2. ~~ ~~ and that Public Er~d User sr~.all 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 : tSay 13, 1~~F~d' P 'c Fnd User, ove name -by: i ~, ~',,~ y G Q (Signature o.~ members of governing board) . CERTIFICATE Tile undersigned hereby certifies that he is the duly quali- f ie d and acting City Clerk ,City of Chula ViBta Secretary, County Clerk, or other appropriat=e~ of the Public End User named above and that the attached ' of.f icer and foregoing is a duly and regularly of Chula Vieta Board o Superviso full, true and correct copy of a Resolution adopted by the City Cour~ii of the City Board of Directors, Councl.l, thereof at a rs, or other governing board meeting duly and regularly called, noticed and held on the 13th Z1ay day of 1969, at which a quorum was present. DATED : rzay Z3' ~'' ~~ (Signature o-f_ Certifying Officer) - City Clem; (Ti%le) 3. _~1 ~~ A.DO~TFP A~"D l~PPRC?VF'D by the CITE' CQL~?CIL of the CITE OF CT'L~LA. ~5'1-`~~TA CAi_?FOR~:IA, this 13th day of May , 1° 69 !'v the r"ollor~in~ vote, to-poi t Ai'r'.; : Councilr;er_ McAllister, Scott , Sylvester, Hamilton, McCorquodale i''AYi.~ : Councilmen None ~~r~:,~'T: Counci lren None ,,' `f ~__s _~. ~.___ ~r of the itv of C'_: a '~s ,ta ~ ~~ `~ C:i tv Clerl~ TATS: C~:~ CALI F~RPIIA ) C(`~i:.: f'' "`F SA' DIrG(1 ) ss . CITE.' ~?F CkULA VISTA ) i, _'_r?I:ET'_ '?, CAP~`PFELL, City Clerk of the City of Chula Vista, CaLLfof•:_is,. PO '_?FF.i:~? CFRTTFY that the above and foregoing is a full, true and corr°ct coo-; of ar_d that the same has rot ber^ a: :._-~dcd or rehealed. AT~r: City Clem-~ ~~ Y I'7:S