Explanation
BACKGROUND: The City of Columbus (“City”) is committed to delivering clean drinking water to its citizens and to identifying responsible parties and taking reasonable steps to avoid passing on to its consumers the costs of replacing the lead water service lines within its drinking water infrastructure. Towards this end, the City Attorney’s office, on behalf of the Department of Public Utilities, has been exploring the various legal options that may be available to assist the City in investigating and assessing potential claims arising out of the lead water service lines that are or were within the City’s drinking water infrastructure and, if warranted, to represent the City in any civil action that may be filed (“Legal Action”).
The City Attorney’s office is in need of special legal counsel to assist in pursuing such legal options. After consideration, the City Attorney has selected the law firm of Edelson PC (or the “Firm”) to serve as special legal counsel for this matter. The Firm is a nationally-recognized leader in high-impact plaintiffs’ work, ranging from class and mass actions, to representing public clients in investigations and enforcement actions and is comprised of some of the nation’s foremost attorneys qualified and experienced in, among other things, environmental litigation.
FISCAL IMPACT: While there is no cost to the City as a result of this contract, City Council approval is being sought due to the legally binding commitment being made therein to pay attorney fees and reimburse for reasonable litigation expenses solely on a contingency basis from any recovery related to the portion of any matter resolved in favor of the City.
Emergency designation: Emergency designation is requested as the City enacted CCC section 1119.03 in 2024 declaring the use of a Lead Service Line to deliver drinking water from a water main to a residence, business, school, or other building or structure, to be a public nuisance as such use increases the risk of lead content in the water and the continued use of Lead Service Lines for an indefinite period of time, without a systematic plan for replacing those lead lines, constitutes a threat to the health and safety of the utility customers as well as the residents, occupants, and visitors to the City and engaging special counsel to address said concerns is essential in working to abate this ongoing nuisance.
Title
To authorize the City Attorney, on behalf of the Department of Public Utilities, to enter into contract with Edelson PC for special legal counsel services regarding Legal Action pertaining to the lead water service lines that are or were within the City’s drinking water infrastructure; and to declare an emergency.
Body
WHEREAS the City of Columbus is committed to delivering clean drinking water to its citizens and to identifying responsible parties and taking reasonable steps to avoid passing on to its consumers the costs of replacing the lead water service lines within its drinking water infrastructure; and
WHEREAS, in 2024, the City enacted CCC section 1119.03 declaring the use of a Lead Service Line to deliver drinking water from a water main to a residence, business, school, or other building or structure, to be a public nuisance as such use increases the risk of lead content in the water and the continued use of Lead Service Lines for an indefinite period of time, without a systematic plan for replacing those lead lines, constitutes a threat to the health and safety of the utility customers as well as the residents, occupants, and visitors to the City; and
WHEREAS, the City Attorney’s office, on behalf of the Department of Public Utilities, has been exploring the various legal options that may be available to assist the City in investigating and assessing potential claims arising out of the lead water service lines that are and were within the City’s drinking water infrastructure and, if warranted, to represent the City in any civil action that may be filed (“Legal Action”); and
WHEREAS, the City Attorney has a need for special legal services with regard to Legal Action pertaining to the lead water service lines that are and were within the City’s drinking water infrastructure; and
WHEREAS, after consideration, the City Attorney has selected the law firm of Edelson PC to serve as special legal counsel for these matters; and
WHEREAS, while there is no upfront cost to the City, City Council approval is being sought due to the legally binding commitment being made therein to pay attorney fees and reimburse for reasonable litigation expenses solely on a contingency basis from any recovery related to the portion of any matter resolved in favor of the City; and
WHEREAS an emergency exists in the usual daily operation of the City Attorney’s office in that it is necessary to authorize the City Attorney to enter into a contract with the Firm in order to allow the assistance of special counsel to commence immediately so as to allow for the i preservation of the public health and safety as pertains to the City’s drinking water; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City Attorney is hereby authorized to enter into contract with Edelson PC for special legal counsel services pertaining to the lead water service lines that are and were within the City’s drinking water infrastructure.
Section 2. That said contract shall provide that there shall be no obligation by the City to pay any fee to special legal counsel or reimburse them for reasonable litigation expenses if nothing is recovered from any adversary and that the City agrees to pay attorney fees and reimburse for reasonable litigation expenses solely on a contingency basis from any recovery related to the portion of any matter resolved in favor of the City.
Section 3. That for the reasons stated in the preamble hereto which are hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and immediately after its passage and signature by the Mayor, or within 10 days thereafter if the Mayor neither signs nor vetoes the same.