Label
PFAS Settlements
Dept of Law
L. Kovacik/1020
Title
Authorizing the Mayor and the Director of Law to execute settlement documents related to PFAS multi-district litigation; authorizing the payment of fees and litigation expenses to the firms that represented the City; authorizing acceptance and deposit of the settlement funds; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
Ordinance 419-23 authorized the City to participate in multi-district litigation to recover funds related to environmental contamination and pollution caused by the manufacturing of products containing perfluoroalkyl substances (“PFAS”). The manufacturers in these cases have begun settling claims. The first settlement statement has been issued and the City’s net portion is $391,731.84. Settlement payments resulting from this litigation will span multiple years as managed by the Settlement Claims Administrator. This legislation authorizes the Mayor and Director of Law to execute settlement documents, authorizes payments to the outside counsel who represented the City, and authorizes acceptance and deposit of the City’s portion of the settlement proceeds.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That the Mayor and Director of Law are authorized to execute all PFAS settlement documents, including future settlements related to the referenced litigation, containing such terms and conditions as acceptable to the Director of Law, which also itemizes the payments of fees and expenses to the outside counsel attorneys that represented the City, to settle all claims and receive funds.
SECTION 2. That the funds received from each lawsuit or settlement, both the referenced settlement and any future PFAS settlements, are hereby accepted and authorized for deposit into the General Fund General Fund Account Code 1001-89800-1129001STDSTD.
SECTION 3. That this ordinance, being an emergency measure, shall take effect and be in force from and after its passage. The reason for the emergency lies in the fact that this ordinance is necessary for the immediate preservation of public peace, health, safety and property and for the further reason that settlement of the litigation requires timely execution and the prompt disbursement of funds
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council