Resolution 06915CITY OF ALAMEDA RESOLUTION NO. 6915
AUTHORIZING THE ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT
LEGAL PROCEEDINGS ON BEHALF OF CITY IN CIVIL ANTITRUST CASES
AGAINST CERTAIN SUPPLIERS OF CONCRETE AND STEEL WATER PIPE.
WHEREAS, the City of Alameda, a municipal corporation (for convenience and uniformity
called Public End User herein), has acquired certain concrete and steel pipe from certain manufac-
turers thereof, either directly or indirectly; and
WHEREAS, it appears that the manufacturers of said pipe 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 acquisition of said pipe may have paid more for said pipe or projects containing
pipe than would have been paid if lawful competitive conditions had prevailed; and
WHEREAS. che 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 BY THE COUNCIL OF THE CITY OF ALAMEDA 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 compensation to which it may be entitled
under applicable law, federal or state, by reason of legal injuries received in the course of acquir-
ing said pipe. In so acting as attorney on behalf of Public End User, the Attorney General may,
among other things:
1. Determine in his discretion what pipe acquisition transactions by Public End
User, if any, would be brought to suit.
2. Join all or any part of the claims of Public End User in legal proceedings with
all or any part of similar claims 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 Puhlic End User
involved in such proceedings in any manner he may deem appropriate.
4. Distribute in such manner as may be determined 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, ite political subdivisions and public
agencies, including Public End User, which are parties to said proceedings, excepting
the amount of attorneys' fees, costs and expenses determined or approved by the Court;
and
BE IT FURTHER 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.
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 Puhlic End User, shall be paid into the State Treasury for services
rendered and costs and expenses incurred by the Office of the Attorney General.
BE IT FURTHER RESOLVED, that the City Attorney is authorized to participate and assist in
said litigation in manner and to the extent as in his opinion may be necessary or desirable.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the
I5eh day of February, 1966, by the following vote, to wit:
AYES: Councilmen Bartley, La Croix, Jr., McCall, Rose and President Godfrey, (5).
NOES: None.
ABSENT: None.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said
City this 16th day of February, 1966.
SHIRLEY H. TENNIER
(SEAL) City Clerk of the City of Alameda
I hereby certify that the foregoing is a full, true and correct copy of "City of Alameda
Resolution No. 6915, AUTHORIZING THE ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS
ON BEHALF OF CITY IN CIVIL ANTITRUST CASES AGAINST CERTAIN SUPPLIERS OF CONCRETE AND STEEL WATER
PIPE", introduced and adopted by the Council on the 15th day of February, 1966.
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City Clerk ofe City of Alameda
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