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CC RESOLUTION 21531.0292 RESOLUTION NO. 2153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORI- ZING THE ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS. WHEREAS, the City of El Segundo, California, (called Pub- lie End User herein) has acquired certain concrete and steel pipe from certain manufacturers 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, 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 repre- sentative 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 compensation to which it may be entitled under applicable law, federal or state, by reason of legal injuries received in the course of acquiring 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 -1- 102:3 agency thereof, 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 proceed- ings 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, its 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 pro- ceedings 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. PASSED, APPROVED and ADOPTED this 14th day of February, 1966. ATTEST: Mayor of e Cit—yof El Segundo—, C91for ni.a. I (SEAL) -2- STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS CITY OF EL SEGUNDO. ) I, EUNICE U. CREASON, City Clerk of the City of E1 Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing Resolution, being Resolution No. 2153 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 14th day of February , 196 6 , and that the same was so passed and adopted by the following vote: AYES: Councilmen Frederick, Kimport, McElhaney, Nagel and Mayor McGill; NOES: Councilmen None: ABSENT: Councilmen None. WITNESS my hand and the official seal of said City this 15th day of February , 1966 . ityy Clerkof the City 16egundo California (SEAL) 0