Resolution 07429CITY OF' ALAMEDA RESOLUTION NO. 7429
APPROVING FURTHER SETTLEMENT' ON BEHALF OF CITY OF AILAMEDA
OF WEST COAST: FREE ANII-IRUSI CASES; RATIFYING AND CONFIRMING
AGREEMENT THEREFOR EFI7gEEN CITY AND AMKRICAIN PIPE AND CON-
STRUCTION COMPANY; AUTHCEJNING CITY MANAGER TO EXECUIR
RELEASE OF CIAIMS AGAINST SAID COMPANY; AND AUTHORIZING
RIATE ATTORNEY GENERAL TO EFFECTUATE COMPROMISE AND SETTIFIENT
OF' SAID INDICATION ACCORDINGLY
REAMBLE:
1. CITY OF AIAPEIM. a. municipal corporation. , hereafter called entity, has pre-
viously authorized the Attorney General of the State of California to institute on its behalf one
or more law suits under the Federal Antitrust Laws which law suits were in fact filed am.ainst defen-
dants United. States Steel Corporation, Smith-Scott Company, Inc., Kaiser Steel. Corporation, United
States Industries, Martin-Marietta Corporation, United Concrete Pipe Corporation, and American Pipe
ahn Construction 3o.
2. Fursmant to court orders, similar actions brought by the Federal Gebtatument and
other plaintiffs in the States of California, Oregon, Washington and Eawaii were all coordinated
before a single Federal District Court Judge.
3. in (7317 actions against all defendants, with the exception of American Pipe and
Construction Co., wore settled and compromised on a lump sum basis, the proceeds being distributed
31131.3141' 31 the various pfaintiffs pursuant to an agreement, all of which was duly approved and ratified
by entity and approved by the Conht.
4. A condition of the acceptance of said partial settlement by certain laixtiffs rot
represented by the Attorney General of the State of California. was an agreement by and between the
plaintiffs concerning the conduct of the litigation still. remaining against, and t allocatien
among plaintiffs of the expected recovery from defendant Amerivar- ibis agreement known to pliaintiffs
as the Western Apsociated Pipe Plaintiffs Organization Compaot or:iv:lees, among other thixEs, for (a)
common sharing of expenses; (b) thb retention of a lead counsel to prosecute and try all cases against
the remaining defendant American Pipe and Construction Co. under the supervision of' an Executive Com,
mitten of the plaintiffs party to thE compact; and (c) the distribution of any recovery- against
American to all plaintiffs oroportionateLy to their verified transactions with American over the
fourteen ypar period 1950 through 1963.
On TMLy 14, 1969, the Attorney General of the State of' California entbred into such
ompact, hereinafter 11 31 WAR°, on behalf of entity. Since then, the agreements .1 31 in the
WAPPO Compact hate been and are being carried out with the Attorney General of Califormia as chairman
of its Exeoutire Committee.
6. Plaintiffs' conneet, acting through their Executive Committee and lead counsel, habe
now negotiated and reached agreement on the terms of a settlement and 31 341,1 of the litigation_ with
defendant American Ripe and Construction Co., the terms of which are more ftfily set out in the attached.
document entitled TEEMOMANDUN GE UNDERSTANDING FOR SETTLEMENT OF WEST COAST HIRE CASES BET:WREN ALL
PLAINTIFFS AND AMERICAN PIPE AND CONSTRBOTION COMPANY".
7. Such Megerantim of Understanding provides for payment by American te all plaintiffs of
the lump sum amount of eight mdilion five hundred thousand dollars W,500,040) over a period of seven
yenrs with interest.
NOW RE. li' easomED THAT:
The MEMORANDUM OF UNDERSTANDING FOP, SETTLEMENT OF WEST COAST PIPE CASES BETWEEN AII PLAINTIFFS
7 AMERICAN PIPE AND CONSTREOIUM COMPANY and the Western Associated Pibe Plaintiffs Organdbatien Com-
pact, copies of which are attached hereto ao 75.1- "I" and niii" respectively are hereby adopted,
ratified and confirmed.
The City Manager of entity is hereby authorMbed. to sign the release of claipb
against the defendant and attached hereto as Exhibit "II" as the official act of embity.
The Attorney Come:col of the Stobe of California is hereby autherMoed by entity to enter into
a stipulation dismissing this litigation with prejudioe and without costs and to take any and ali other
action which may be required of this entity in order to effectuate and consummate the comeromdoe and
settlement provided for in said Memorandum of Understanding and distrilrate any monies receimed from
defendant Ameribam Rios and Constructibn Oc. in accordance with said MXPPO Compact-
Attest:
Adomted this 21st day of' Jam,,ary
, t undersigned, hereby ckrtify that the foregoing Resolutien was duly' and regularly.'
introduced and adopted b the Council. of the City of Alameda in regulam meeting asseMbled on the
21st day of January,1969, by the following vote, to wit:
AYES: Councilmen Fore, Isaacs, La Croix, jr., 'Levy and President McCall (5).
NOES: None.
AESENT: None.
IN WITNESS WHEREOF, hake hereunto set my hand and affixed the official seal of said
City this 22nd day of january, 1969.
SEMPLE-7 d. TEENIER
City Clerk of the City of Alameda
X X Xk a X- X X X
horeby certify that the foregoing is a pint, true and correct copy of "City of Alameda
hesolatien 7L29 10 4' FURTHER ORTIIEMENT ON EFFIAIF OF' ClEY OF 11,21M1A OF' WEST COAST PIPE
AXII—FEDEI GAELS; RATIPUING XNO GONFEARMIO AGREEMENT' THEREFOR RFEWMPN GITY AND AMEDICAU PIPE AND
COUSTRUCTIOF COMPANY; AUTROFIZING Cl21 MAEDGER TO EXICUIE RELEASE OF CLAIMS AGAINST EDID COMPAYY;
SLID AUIFFIATEING SMITE Anula;1 aubitAi, TO EFFINCADATX COMPROMISE AND FETILEMEUT 01' SALE IUTIGAIION
MCGOFDLEGLY," introduceaann adopted by tre Council on tho 2ist day of January, IWO.
Citmh Clerk of utak' City of Al meaa
(