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HomeMy WebLinkAbout2002-10-28 02-392 ORDERItem No. 02-392 Date: October 28, 2002 Item/Subject: ORDER, Authorizing the City Solicitor and Outside Counsel to Initiate Litigation Against Citizens Communications Company -- Penobscot River Cleanup Responsible Department: Legal Commentary: Since 1998 the Clry of Bangor has Investigated the extent of damage caused by the operation of a manufactured gas plant (MGP) by Chtzens Communications Company and its predecessors. For more than two years the City has attempted to negotiate with Citizens Communications Company in an effort to fund the remediation of the adverse environmental effects of the MGP and recover damages due the City. To date, those negmiadons have been unsuccessful. This Order will authorim the filing of a lawsuit against Citizens Communications Company. Department Head Manager's Comments: j uA�r�� �,�1�.rr/a�lcecamr6y1#l�i/�aa/ /W[l�e�`i4oTevl CityManager Associated Information Budget Approval: Finance Director Legal Approval City Schauer Ingroduced for passage _ Find Reading paged of j Referral 02-392 Assigned to COwcibr xubmau October 25, 2002 CITY OF BANGOR (TIRE.) ORDER, Authorizing the City Solicitor and Outside Counsel to Initiate Litigation Against Citizens Communications Company -- Penobscot River Cleanup By the Ory Courts/Wthe City ofAi gw: oRDERFA, WHEREAS, recent environmental studies indicate the presence of tar -like pollution on a portion of the bed of the Penobscot River; and WHEREAS, the source of the tar -like pollution is a former manufactured gas plant (MGP) operated by Citizens Communications Company; and WHEREAS, tar -like pollution fort the MGP resulted in the need for environmental investigation and clean-up of the Penobscot River bed and adjacent land of the City of Bangor; and WHEREAS, negotiations with Otoens Communications Company have failed to produce an agreement by Citizens to participate in the remediation of the tar -like pollution on the bed of the Penobscot River and other land of the City of Bangor and to pay damages to the City for costs incurred to date, NOW, THEREFORE, by the City Council of the City of Bangor, be it ORDERED, THAT the office of the City Solicitor, with the assistance of outside counsel, namely, W. Scot Laseter, Esq., of McKenna, Long & Aldridge, LLP of Atlanta, Georgia, and Eaton Peabody, P.A. of Bangor, Maine, is hereby authorized and directed, on behalf of the City of Bangor, to commence litigation against Citizens Communications Company to seek all appropriate and available remedies and damages for the harm to the City of Bangor, its property and the Penobscot River as a result of the operation of a manufactured gas plant operated by Citizens Communications Company. TV CITY COOBCIL October 28, 2002 Matim Made and Seconded for Passage Passed CLMBP p 02-392 (TITLE,) Authorizing the City Solicitor sect outside Counsel to initiate Litigation Against Citizens Com,vica[ions Coupany - Pembsent River Cleanup Assigned to Councilor %O p 1 I�,;