HomeMy WebLinkAboutRESOLUTIONS - 09012004 - 70-703 i
RESOLUTION NO. 74!703
AUTHORIZING THE ATTORNEY GENERAL OF CALIFORNIA
TO CONDUCT LEGAL PROCEEDINGS
WHEREAS, Q2ntra Cogta Count (herein-
tType your legal name ere
after called Public End User) has purchased asphaltic petroleum
products (hereinafter called products) either directly or
indirectly; and
WHEREAS, it appears that the suppliers of there 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 com-
pensation 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.
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2. Jain 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 claim of Public End User involved in such .
proceedings in any manner he may deem appropriate:
4. Distribut in such manner as may be deter-
mined or approved by the Court any money or ether
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, casts and expenses determined or approved
by the Court; and
BE IT FUR.THER, RESOLVED, Public End User will, 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 Public End User's fair share; and
BE 1T 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 Used 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 pro-
vide to the ;Attorney General the necessary' data identifying
the transact ons' orr which the Public End User seeks ,to claim
damages i n! the legal proceedings authorized by this resolution)
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RESOLUTIOX N4. 70/703
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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+ Ogtuber 27 1
Public End User, above named, by: .
Nwdl
(Signatures of members of governing
board)
E
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