14 of 1975 - A resolution confirming settlement in the case of State of Utah, et al vs. American Pipe and Constru Resolution No. 14
By Conrad B. Harrison, Mayor
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Confirming settlement in the case of
State of Utah, et al vs. American
Pipe and Construction, et al(anti-
trust action)and authorizing execution
of the release, and also authorizing to
file a dismissal with prejudice.
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AND PISSED
MAR 51975
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1 CERTIFIED RESOLUTION
This is to certify that the following is a complete,
true and correct copy of a resolution of the Board of Commis-
sioners (which is referred to in said resolution as the
"governing authority") of Salt Lake City, Utah, a municipal
corporation of the State of Utah, (which is referred to as the
"public body") duly adopted at a regular meeting of said
governing authority on the J day of March, 1975, a quorum
being present, and that said resolution is set forth in the
minutes of said meeting and has not been rescinded or modified,
to wit:
WHEREAS, this public body is an applicant for inter-
vention in that certain lawsuit styled State of Utah
vs. American Pipe and Construction Company; and
WHEREAS, the defendants in said lawsuit have agreed to
compromise and settle all claims against them for the
total sum of $397,500.00, some of which will be paid
over a period of three years; and
WHEREAS, this public body is to receive a share of
said settlement sums and/or its costs of suit hereto-
fore advanced; and
WHEREAS, Counsel Gerald R. Miller of the firm of Prince,
Yeates, Ward, Miller & Geldzahler; and Kent Shearer of
the firm of Mock, Shearer & Carling, being duly auth-
orized, have accepted said offer, which is fully set
forth in Mr. Miller's letter of February 27, 1975; and
WHEREAS, as a condition of said settlement each plaintiff
and applicant for intervention is required to sign a
Release, in the form that has been presented to this
governing authority, releasing defendants from the claims
and causes of action asserted in the lawsuit described
above; and
WHEREAS, as a further condition of said settlement above-
named, counsel for plaintiffs and applicants for inter-
vention are required to execute a dismissal with prejudice
of said lawsuit.
NOW, THEREFORE, BE IT RESOLVED;
That this governing authority does hereby confirm
the settlement agreement reached with defendants in
the lawsuit styled State of Utah vs. American Pipe
and Construction Company as is fully set forth in
the letter from Gerald R. Miller, Esq. dated
February 27, 1975; and
BE IT FURTHER RESOLVED:
That the Secretary or other appropriate officer
of this public body be and hereby is authorized and
directed to sign that certain Release, releasing
the above-named defendants as provided therein; and
BE IT FURTHER RESOLVED:
That counsel of record for the plaintiffs and
applicants for intervention be and they hereby are
authorized and directed to execute a dismissal with
prejudice of said action and to file the same with
the Clerk of the Court in which said action is pending.
IN WITNESS WHEREOF the Mayor of said public body
has hereunto set his hand and affixed the seal of said public
body this 64 day of March, 1975.
Conrad B. Harrison
Mayor of Salt Lake City, Utah
ATTEST:
City Recorder
Release
Page 3
STATE OF UTAH
. ss.
County of Salt Lake)
On the day of March, 1975, personally appeared
before me CONRAD B. HARRISON and MILDRED V. HIGHAM, who being
t by me duly sworn, did say that they are the Mayor and City
Recorder, respectively, of Salt Lake City, a municipal cor-
poration of the State of Utah, and that the name of Salt Lake
City was attached to the foregoing instrument by them by
authority of a Motion of the Board of Commissioners of Salt
Lake City, passed on the 5-.!day of March, 195; and said
person: acknowledged to me that said corporation oxocuto+d
the same.
NOTARY PUBLIC, residing in
My Commission expires: Salt Lake City, Utah
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ROLL CALL
T VOTING Aye Nay
Mr.Chairman.... ✓
Greener
Hagrsen S
H�o�gensemn ✓
Phillipsf i ,1
Result
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