Laserfiche WebLink
REQUEST FOR CITY COUNCIL AGENDA ITEM <br /> Appropriation <br />Agenda Date Requested: October 24, 2016 <br />Source of Funds: General Fund Contingency <br />Requested By: Corby Alexander <br />Account Number: ______N/A__________ <br />Department: City Manager <br />Amount Budgeted: _____N/A___________ <br />Report: _ __Resolution: ____ Ordinance: ___ <br />Amount Requested: $48,000__________ <br />Budgeted Item: YES X NO <br />Exhibits: <br />Draft Settlement Agreement <br />List of Defendants <br />SUMMARY& RECOMMENDATION <br />At the August 8, 2016, City Council meeting, staff along with special legal counsel was directed to continue to <br />negotiate a possible settlement in the USOR Site Group PRP v. Texas A&M Contractor. <br />In short, the Site Group agreed to a settlement amount to $48,000. According to Mr. Bounds, the special attorney <br />representing the City of La Porte in this matter, this settlement appears in line with other settlements in this case. As <br />discussed, the proposed settlement is not a full and complete release of all potential claims. For example, if the <br />Environmental Protection Agency (EPA) is unhappy with the cleanup, the EPA may still sue the City. However, it <br />is Mr. Bounds’ opinion that the settlement agreement addresses all the major risks that might arise out of the cleanup <br />of the site to the City and its constituent entities. For example, the settlement agreement is not dependent upon any <br />disclosure of wastes shipped to the site. Since the site is closed, the City will not be responsible if additional wastes <br />from the City or EDC are identified (except to the extent that another party not a settling party is also responsible for <br />such wastes and does not settle with the USOR Site Group PRP) <br />Action Required by Council: <br />Consider approval or other action regarding approval of a settlement agreement to resolve pending <br />litigation: USOR Site Group PRP v. Texas A&M Contractors. <br />_____________________________________________________________________________________ <br />Approved for City Council Agenda <br />____________________________________ _______________________ <br /> Corby Alexander, City Manager Date <br /> <br />