Resolution No. 3008
1 RESOLUTION NO. 3008
:3 RESOLUTION }.UTHORIZING THE ATTORNEY GENERAL OF' CALIFORNIA TOCONDUC
LEGAL PROCEEDINGS.
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4 WHEREAS, the City of Vernon (hereinafter called Public End
5 User) has purchased asphaltic petroleum products (hereinafter
6 called products) either directly or indirectly; and
7 WHEREAS, it appears that the suppliers of these products
8 and other persons have acted in violation of the antitrust laws of
9 the United States and of the State of california, and that Public
10 End User, in the purchase of these products may have paid more
11 than would have been paid if lawful competitive conditions had
12 prevailed; and
13 WHEREAS, the Attorney General of California, acting in
14 his official capacity to protect and further the legal interests
15 of the State, i.ts political subdivisions and agencies, has offered
16 to act as the legal representative of Public End User in connection
17 with these matters;
18 NOW, THEREFORE, BE IT RESOLVED THAT THE ATTORNEY GENERAL
19 OF CALIFORNIA IS HEREBY AUTHORIZED BY PUBLIC END USER, acting
20 through its duly constituted governing body, to take any and all
21 legal action and proceedings that he may deem appropriate to
22 recover for Public End User such monetary damages and other com-
23 pensation to which it may be entitled under applicable law,
24 federal .or state, by reason of legal injuries received in the
25 course of purchasing said products. In so acting as attorney on
26 behalf of Public End User, the Attorney General may, among other
27 things:
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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
32 End User in legal proceedings with all or any part of
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1 similar claims in any manner he may deem appropriate.
:3 3. Settle, compromise, or dismiss all or any
3 part of any claims of Public End User involved in such
4 proceedings in any manner he may deem appropriate.
5 4. Distribute in such manner as may be deter-
6 mined ur approved by the Court any money or other
7 recoveries received from the defendants in such
8 proceedings, whether by settlement, suit or otherwise,
9 to the State, its political subdivisions and public
10 agencies, including Public End User, which are parties
11 to said proceedings, excepting the amount of attorneys'
12 fees, costs and expenses determined or approved by
13 the Court; and
14 BE IT FURTHER RESOLVED, Public End User will, on request,
15 advance such sums and amounts for costs and expenses of carrying
16 on the litigation herein, other than attorneys' fees, as may be
17 determined to be .Public End User's fair share; and
18 BE IT FURTHER RESOLVED, that such amount of attorneys'
19 fees, costs and expenses incurred by the State in connection
20 with said proceedings as may be determined or approved by the
21 Court, less amounts paid in advance by Public End User, shall
22 be paid into the State Treasury for services rendered and costs
23 and expenses incurred by the Office of the Attorney General; and
24 BE IT FURTHER RESOLVED, that Public End User will pro-
25 vide to the Attorney General the necessary data identifying the
26 transactions on which the Public End User seeks to claim damages
27 in the legal proceedings authorized by this resolution, and that
28 Public End User shall provide the personnel necessary to accumulate
29 from the records of Public End User the documents and other
30 materials necessary to prepare and submit damage claims in these
31 proceedings.
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Dated: April 15, 1969.
PUBLI9~/JENDf. SE~,,) A.BO[VE NAMED, BY:
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CERTIFICATE
The undersigned hereby certifies that he is the duly
13 qualified and acting
City Clerk
14 of the Public End User named above and that the attached and
15 foregoing is a full, true, and correct copy of a Resolution duly
16 and regularly adopted by the City Council thereof at a meeting
17 duly and regularly called, noticed and held on the 15th day of
18 April, 1969, at which a quorum was present.
Dated: April 15, 1969.
~City
Clerk
3.
CITY COUNCIL
ROBERT J. FURLONG. MAYOR
GENEVIEVE H. ANDERSON
CHARLES H, MAILLIARD
THOMAS A. YBARRA
LEONIS C, MALBURG
TELEPHONES
CITY CLERK - , ,
POLICE DEPT, - , ,
FIRE DEPT. - - - -
BUILDING DEPT. - ,
ENGINEERING DEPT. '
HEALTH DEPT. - . .
583,1666
587-8135
583,4821
583-1666
583-1666
583,1666
CITY HALL
43015 SANTA FE AVENUE
VERNON. CALIFORNIA 90058
April IO, 1969
City Council of the
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Honorable Members:
OJrJrICERtI
F. A. ZIEMER. CITY CLERK - DIRECTOR OF FINANCE
L. R. BURCH. CITY TREASURER
C. H, McGOVERN. CITY ATTORNEY
ARTHUR E. NELSON. JR.. CITY ENGINEER
D. D. GRAYSON. TRAFFIC ENGINEER
R, H, KING. SUPERINTENDENT OF WATER DEPARTMENT
DR. C. E. NEMETHI. HEALTH OFFICER
VINCENT R. BUSH. SUPERINTENDENT OF BUILDING
LESTER C. HUSTED. FIRE CHIEF
R. H. BOCKHACKER, POLICE CHIEF
IN REPLY REFER TO:
APR 1
5 1989
I have received a request from the Office of the
Attorney General of the state of California, indicating
that they are filing an action against various defendants
who produce asphaltic petroleum products, and that they
hope to obtain treble damages on the theory that the
various companies entered into an illegal restraint on
trade in setting prices on sales to public entities.
The action is a class action wherein the State is named
as plaintiff and sues on behalf of itself and all
political subdivisions within the state of California.
After consultation with Mr. Grayson, it appears that the
City of Vernon has purchased sufficient products that we
may benefit from such litigation and, accordingly, I
request that the City Council adopt Resolution No. 3008,
authorizing the Attorney General of California to conduct
legal proceedings.
Yours very truly,
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CHARLES H. Mc /YERN,
City Attorney
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