CC RESOLUTION 2621RESOLUTION NO. 2621
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, APPROVING
A RELEASE AND AUTHORIZING THE MAYOR TO
EXECUTE THE RELEASE AND THE CITY ATTORNEY
TO MAKE DELIVERY THEREOF.
WHEREAS, Draper, Adams & Huntington who represent the
City of El Segundo in certain pending .litigation have recommended that the
City execute a certain Release, a copy of which is attached hereto marked
"Exhibit A ";
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That certain Release, a copy of which is attached
hereto marked "Exhibit A, " is hereby approved, and the Mayor is authorized
to execute the same on behalf of the City, :the City Attorney is authorized to
forward the executed Release to Draper, Adams & Huntington, the City's
special counsel in the Water �_; eters Litigation, and Draper, Adams & Huntington
are authorized to file said Release with the Court or deliver, it to the Defendants
at their discretion.
SECTION 2. The City Clerk shall certify to the passage and adop�-
Lion of this resolution; shall enter the same in the book of original resolutions
of said City; and shall make a minute of the passage and adoption thereof in the
records of the proceedings of the City Council of said City, in the minutes of
the meeting at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 15th day of April
1975.
Q
Mayor of the City of El Segundo, California
ATTEST:
City Clerk
(SEAL)
"EXHIBIT Air
RELEASE
1. For and in consideration of payments as described:
in paragraph 6, below, and subject to the conditions there-
in contained, plaintiff (or intervenor) Cif of El Segundo
(hereinafter referred to as plaintiff ") hereby
releases, acquits and forever discharges Rockwell International
Corporation, Neptune International, Inc. and Badger Meter, Inc. a
and all of their predecessors, successors and ,
a.ssi ns and'
"each 3
assigns,
resent
p ast and present, direct or indirect, subsidiary, parent, division
or affiliated corporation, and each of their past and present
officers, directors, employees,' agents, representatives and
attorneys, and. an other person, firm, � .� y p corporation or division
now previously, or hereinafter affiliated: with any of them (all
of which are hereinafter referred to as the "Releasees") from
all claims asserted against the Releasees in Court Action Tae
12�- 51131 (GHB) in the United States District Court for the
Northern District of California. and from all claims, whether or
not presently known, that plaintiff ever had, now has or herein- -
after may have against the Releasees or any of them: under the
antitrust laws of the United States or any State which (a) are
or might have been asserted in that action or in any other -of
the.water meter cases consolidated before the Honorable George
H. Boldt, or (b) are based upon, connected with, or similarly
related to any of the matters referred to in any of the pleadings,
papers or other records produced or filed in any of said cases.
2. Plaintiff for itself, its successors and assigns,
expressly releases all unknown as well as known claims it m. ay
have and expressly waives for the purpose of this Release all
rights under 1542 of the California Civil Code and the
statutes of any other state which contain comparable pro- -
visions. Section 1.542 of the California Civil. Code provides
as follows
4
:
7 Ir
-a "EXHIBIT A tP
-
"A. general Release does not extend to clams
which the creditor does not know or suspe
Ct
to exist in his favor at the time of executing
the Release which if known . � by him must have
materially affected his settlement with the
debtor."
3. Plaintiff understands that-this Release includes
all claims for cost, expenses, and attorneys' fees` taxable or
otherwise, incurred in or arising out of prosecution of the
aforesaid civil action No -C-'51131 (CRB) and the related water
I meter cases against the Releasees or any of them.
1
4,. Plaintiff will not hereinafter in any action or
other proceeding against the Releasees or any of them under the
antitrust lax -is of the United States or any State rely upon as
a basis for any' claim any facts concerning any act or omission
on
of the Releasees or any of them occurring prior to the date of
this Release.
I -
5. It is agreed.and understood that this Release shall
not take effect or be binding upon any party until all settling
-
plaintiffs and intervenors listed in Exhibit A hereto have
duly executed Releases substantially in the same form as this
Release and until each such plaintiff and intervenor has
delivered to Edward B. R.ogin, Esq. duly executed. Dismissals
With Prejudice substantially in the form of Exhibit B hereto.
Promptly upon the receipt by Edward B. Rogin, Esq. of Releases
and Dismissals With Prejudice from all plaintiffs and intervenors
listed in Exhibit .A hereto in forms acceptable to Releasees, he
shall cause all Dismissals With Prejudice to be executed by the
Honorable George H. Boldt or, in his absence, the Judge assigned
to the water meter cases, and shall thereafter cause such
Dismissals With Prejudice. to be filed:
6. Upon the receipt by Edward B. Rogin, Esq. of
d�z: 'ky executed Releases and Dismissals With Prejudice from each
pla.L- tiff and intervenor as provided in paragraph 5, above,
2
"EXHIBIT A
:: -
the Releasee s shall. transfer the sum of one million dollars
($1 d x)00., 000) to Guido Saverl, Esq., as Trustee, to be held by
him until all Dismissals With Prejudice have been executed and
filed as provided in paragraph 5, above. Upon notice from
Edward B. Rogin, Esq.. that such Dismissals With Prejudice have
' been filed, Guido Saveri, Esq., shall cause the aforementioned
one million lion dollars ($1,000,000) to be divided among the
r
i
plaintiffs and intervenors listed in Exhibit A hereto as in
their discretion they determine. Releasees shall have no
obligation whatsoever , to transfer the sum., of one million dollars
($1,000,000) or any amount to such plaintiffs and intervenors
until and unless each such plaintiff and intervenor delivers to
Edward. B. Rogin, Esq. a duly executed Release and Dismissal
With Prejudice.
7. Plaintiff warrants that it has not sold, assigned,
transferred, conveyed, or otherwise disposed of any claim hereby
released
8. Plaintiff agrees that the consideration for this
Release is. in Compromise and settlement of disputed claims .
against the Releasees; the payment of any consideration. is not
to be construed as an admission of any liability to plaintiff
or any other person or entity,
9. Plaintiff agrees that it will return to Relea.sees
upon the filing of the Dismissals With Prejudice all documents,
_
all extr a cts and summaries of documents AmT ch the R e ie as ee s
furnished or produced as a part of pre- -trial discovery in the
hater meter cases and all copies of any of the foregoing in
its possession, custody or control.
ITS WITNESS WHEREOF, plaintiff has caused this
15th
Release to be executed this day of A ri•1 , 1975 by
its duly authorized officer or agent.
By -
mayor
.
3
Poo
1
11EXHIBIT A"
PIJUNTIEFS AND INTERVENORS IN
WATER METER CASE
PLAINTIFF (S)
CA SE NTO
�
City of San Francisco
C- -50192
City of Phoenix
C- 50791
City of Tucson
C °50249
Portland P rt
i o :� 0 1
city Y
C- -50339
East Bay Municipal
Utility District
C- -50613
Department of Water & Power
for the City ,of Los Angeles
C -50947
City of Bellingham
C -69170
_
City of Vancouver
t,
Cite of Seattle
C -69172
Cit of Santa Clara
y
C -52338
it of Avondale
C Y
C -70612
Town of El Mirage
City of Mesa
ai
City-of Prescott
n
City of Safford
Town of Gilbert
et
Ma:rin Municipal Water District
C -50284
Goleta County
�a
City of Riverside
R�
-
City of San Jose
City of .Santa Barbara
INTERVENORS In Marin Action
Contra Costa County Water
District
t
Alameda City Water District
e
Desert Water Agency
se t y
�r ,
Fallbrook Public Utilities
District
Long Beach
,E
Helix Irrigation District
Santee City Water District
Valley Center Municipal mater
District
f�
Sonoma City eater .Agency
Palo Alto
i al
Municipal
R nc n Del Diablo c
Water District
Rio Linda County eater District
San Dieguito Irrigation District
"
Santa: Rosa
fE
Rea Bluff
It
City of Burbank
C-- 50949
City of Burlingame
City of Santa Cruz
'i
City of Pasadena
C -51131
City of El Segundo
t�
C 4 ty of Lompoc
ti
EXHIBIT
A
I
i
2
t
"EXHIBIT
.A.
PLAINTIFF (S)
CASE I O.%
City of Beverly Hills
C -5152
city �%n 'a.
of Banta c
City of Oxnard
Santa Ynez River eater
Conservation District
Improvement District #1
C-10352
City of San; Diego
C°- 5019+
State of Kansas
C- 71441
INTERVENORS In Kansas Action
Altaont
EE
Arkansas City
EE
Bonner Springs
Laker City
Chanute '
EE
Chetopa
EE
I
Clay Center
�'
rE
v i
Cof fe 11 e'
Colby
EE
Dodge City
El Dorado
EE
Ellznwood
Er
Ellis
Er
Emporia.
#E
Garden ity
Gardner
"
Goodland
Greensburg
rr
Harper
tt
Herington
Er
Hillsboro.
EE
Hoisngton
Er
Hutchinson
E!
Independence
�t
I
- Iola
Jetmore
Er
Johnson city-
Junction City
Er
Kansas City
tr
I
- Kin man
Et
LaCrosse
rr
Lakin
tt
Larned
rE
Lawrence
r.: :r
Leavenworth
Er
Lenexa
tt
Lyndon
EE
Lyons
rE
McPherson
Et
Manhattan
tE
Marion
't
Marysville
tE
Newton
tr
Olathe
rr
Osawatomif?
tt
Paola
Er
Pittsburgh
rE,
Quenemo
Et .
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"EXHIBIT A"
PLAINTIFF (S)
CASE �Q.
INTERVENORS In Kansas Action
(Coat' d)
Randall
1V✓ E �-71 i4-1S
a
Richmond
of
Salina
°`•
Seneca
South Hutchinso
,
Strong City
Topeka
Valley Center,
"
Wame go
ii
Wellington
to
White City
n
Wichita
of
RWD #1 Johnson Co.
�
RWD #L miam1 Co.
iE
i
4
I ,
I
I
I�
I
ail
RVTD 12_ Nemah,4 Co.
EE
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF EL SEGUNDO
I, Valerie A. Burrowes, City Clerk of the
City of El 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.. 2621
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 15th day of April 1975
and that the same was so passed and adopted by the following vote:
AYES: Councilmen Nagel, Rockhold, Stephens,
Van Vranken and Mayor Balmer;
NOES:
ABSENT:
Councilmen None
Councilmen None
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID
CITY -.'this 21st day of April 197 5" "_'_ .
L
�o2z�
City Clerk
of the City of El Segundo, California
(SEAL)