Loading...
HomeMy WebLinkAbout2008-10-15 08-334 ORDERMan No. 92 3 Q Date: October 15, 2008 Item/Subject: ORDER, Authorizing the Execution of a Settlement Agreement with Citizens Communications Company and Third Parties Responsible Department Legal In November 2002, the Oty of Bangor filed suit against Cltizern Communications Company (Citizens) In the United States District Court for the District W Maine alleging that Citizens conbibuted to pollution of Me Penobscot River. In febmary 2007, the City Council approved a settlement agreement with Citizens. The settlement agreement provided that the City assign any rights it has against third party defendants In the lawsuit to Citizens and that Citizens could continue M pursue its claims against them. The settlement agreement also prodded that any recovery from third parry defendants will be divided one-third to she City and twathirds to Citizens atter reimbursement ro Citizens of as expenses to reach such settlement. This Order will autinrize the execution of a settlement agreement with Cltizenb Communications Company and four third pant defendants, Barrett Paving, Inc., Honeywell International, Inc., Sedate Colas, Inc. and Beazer East, Inc. for a total of $3.150 million. DepaNnent Head Managers Comments: �� .�nn Recommend approval. F -&Y:0 ".(k&nWetlArc{Y �L City Manager Assooatetl Jp-formation: Legal / �y 5odi�r Introduce0 for i Passage _ Releg Referral l V� AwipedtoCoUncilw Stave 8ctobex 15, 208 CITY OF BANGOR (TIRE.) ORDER, Authorizing the Execution of a Settlement Agreement with Chizens Communications Company and Third Parties WHEREAS, in November 2002, the City of Bangor fled suit against Citizens Communications Company in the United States District Court for the District of Maine (styled City of Bangor, Maine v. Citizens Communications Company, et al., Civil Action 02 -183 -B -S) alleging that Citizens contributed to pollution of the Penobscot River; and WHEREAS, in February 2007, the City Council of the City of Bangor approved a settlement agreement with Citizens Communications Company; and WHEREAS, the settlement agreemem provided that the City of Bangor assign any rights It has against Third Party Defendants in the lawsuit to Citizens and that Citizens could continue to pursue its claims against them; and WHEREAS, the settlement agreement provided that any recovery from third party defendants shall, after reimbursement of Citizens' expenses to reach a settlement, be divided two-thirds to Citizens and one-third to the City of Bangor; and - WHEREAS, Citizens Communications Company has reached a negotiated settlement with four of the third party defendants, namely Barrett Paving Materials, Inc., Honeywell International, Inc., Societe Colas, S.A., and Beazer East, Inc. for a total of $3.150 million. NOW, THEREFORE, BE IT ORDERED BY THE CIT' COUNCIL OF THE Cr1Y OF BANGOR THAT the City Manager is hereby authorized to execute a settlement agreement with Citizens Communications Company and third parry defendants Barrett Paving, Inc, Honeywell International, Inc., Societe Colas, Inc. and Beazer East, Inc, in the matter of City of Bangor v. Citizens Communications Company, et al., Civil Action 02 -183 -B -S (D.C. Me), said settlement agreement to be in a final form as approved by the City Solicitor or Assistant City Solicitor. M CTTI WMIL October 15, 2008 Notion Node and Seconded for P sage Puen CITY ¢egc (IIfLPJ••erof a SettlenentUreueotrich Cicir. r ,y , mnv��.utlne N,igmd to Couneilnr.._l. VV • ��