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
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CityManager
Associated Information
Budget Approval:
Finance Director
Legal Approval
City Schauer
Ingroduced for
passage
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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
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