Explanation
BACKGROUND: This Ordinance authorizes the Director of the Department of Public Utilities to accept a payment resulting from a settlement in a class action lawsuit against Syngenta Crop Protection Inc, Case No. 3:10-cv-00188-JPG-PMF , City of Greenville v. Syngenta Crop Protection, Inc., and Syngenta AG in the United States District Court for the Southern District of Illinois.
The settlement is a result of a class action lawsuit against Syngenta Crop Protection, Inc., to recover the cost of removing the herbicide atrazine from community water systems' water supplies. Atrazine (2-chloro-4 ethylamino-6-isopropylamino-s-triazine) is an herbicide that is used mainly to control weeds on corn, sorghum, sugar cane and some specialty crops. Atrazine is one of the most widely-used herbicides in the United States, and, due to runoff from fields where it has been applied, has been found in some ground and surface waters. The City of Columbus, Department of Public Utilities joined the class action lawsuit by filing a claim on August 21, 2012 to recover treatment costs associated with the removal of atrazine from its drinking water supply. The settlement will be paid in one (1) lump sum in the first quarter of 2013. It further authorizes the City Auditor to deposit the settlement funds into the Water Operating Fund.
FISCAL IMPACT: Funds recovered to be deposited with the City Auditor as authorized and appropriated herein. Funds will be deposited within the Division of Water operating revenue, fund 600.
EMERGENCY JUSTIFICATION: Emergency action is requested as not to unduly delay the benefit to the City from the settlement.
Title
To authorize the Director of the Department of Public Utilities to accept a payment resulting from a settlement in a class action lawsuit against Syngenta Crop Protection, Inc., Case No. 3:10-cv-00188-JPG-PMF , City of Greenville v. Syngenta Crop Protection, Inc., and Syngenta AG in the United States District Court for the Southern District of Illinois; it further authorizes the City Auditor to deposit the settlement funds into the Water Operating Fund; and to declare an emergency.
Body
WHEREAS, a class action lawsuit was brought against Syngenta Crop Protection, Inc. and Syngenta AG in the United States District Court for the Southern District of Illinois on behalf of community water systems that have detected Atrazine in their water supplies, Case No. 3:10-cv-00188-JPG-PMF , City of Greenville v. Syngenta Crop Protection, Inc., and Syngenta AG, (the "lawsuit"); and
WHEREAS, a class action settlement agreement was entered into by the parties on behalf of the class members on May 24, 2012 and finalized on October 22, 2012; and
WHEREAS, the City of Columbus was determined to be a class member based on historical Ohio Environmental Protection Agency compliance analytical results which showed a quantifying test result with a measurable concentration of atrazine; and
WHEREAS, after discussions with the City Attorney's Office, the City of Columbus, Department of Public Utilities joined the class action lawsuit by filing a claim with additional water quality data on August 21, 2012 to recover treatment costs associated with the removal of atrazine from its drinking water supply; and
WHEREAS, by joining the class action settlement, the City of Columbus releases all claims that were brought or could have been brought in the lawsuit against Syngenta Crop Protection, Inc., et al for a period of 10 years beginning no later than July 1, 2014; and
WHEREAS, the Director of the Department of Public Utilities seeks authorization to accept a settlement payment resulting from the lawsuit ; and
WHEREAS, the settlement will be paid in one (1) lump sum in the first quarter of 2013; and
WHEREAS, the City Auditor seeks authorization to deposit the settlement funds into the Water Operating Fund; Fund 600 and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities in it is immediately necessary to authorize the Director of the Department of Public Utilities to accept a payment from a class action lawsuit so that the City may promptly conclude this matter and receive the benefit of the settlement, thereby preserving the public health, peace, property, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Public Utilities be and is hereby authorized to accept a payment resulting from the settlement of a class action lawsuit against Syngenta Crop Protection, Inc., Case No. 3:10-cv-00188-JPG-PMF , City of Greenville v. Syngenta Crop Protection, Inc., and Syngenta AG in the United States District Court for the Southern District of Illinois.
SECTION 2. That the City Auditor be and hereby is authorized to deposit the settlement funds into the Water Operating Fund, Fund 600.
SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.