File #: 18-1168    Version: 1 Name: Resolution: Settlement of Civil Litigation ESX-C-149-11
Type: Resolution Status: Adopted
File created: 7/13/2018 In control: Law
On agenda: 7/24/2018 Final action: 8/8/2018
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-C-149-11 Claimant: City of Newark Claimant's Attorney: City of Newark, Department of Law Attorney's Address: 920 Broad Street, Room 316, Newark, New Jersey 07102 Settlement Amount: $5.6 million payable to the City of Newark: $1 million payable by December 31, 2018 and the remainder payable in installments over eight (8) years Funding Source: N/A Additional Comments: Settlement of civil action brought by the Village of South Orange and the City of Newark against the East Orange Water Commission for, among other things, outstanding sewer payments. Execution of the Settlement Agreement and General Release and entering into a Sewage Agreement with the City of East Orange resolves the outstanding matters in the litigation. Invitation: Corporation Counsel Deferred 7R6-a (s) 072418
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-C-149-11
Claimant: City of Newark
Claimant's Attorney: City of Newark, Department of Law
Attorney's Address: 920 Broad Street, Room 316, Newark, New Jersey 07102
Settlement Amount: $5.6 million payable to the City of Newark: $1 million payable by December 31, 2018 and the remainder payable in installments over eight (8) years
Funding Source: N/A
Additional Comments:
Settlement of civil action brought by the Village of South Orange and the City of Newark against the East Orange Water Commission for, among other things, outstanding sewer payments.
Execution of the Settlement Agreement and General Release and entering into a Sewage Agreement with the City of East Orange resolves the outstanding matters in the litigation.
Invitation: Corporation Counsel
Deferred 7R6-a (s) 072418
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WHEREAS, Newark owns, and its Department of Water and Sewer Utilities is responsible for, among other things, the operation of the City's sewer and wastewater collection system; and

WHEREAS, the East Orange Water Commission or the East Orange Board of Water Commissioners (the "EOBWC") is a municipal utility which provides water services to approximately 80,000 customers and users in the City of East Orange; and

WHEREAS, as part of its duties, the EOBWC is also responsible for the collection and disposal of the sewage and/or wastewater (collectively referred to hereinafter as "wastewater") that is generated by its customers and users; and

WHEREAS, the wastewater generated by EOBWC's customers is a natural, gravitational flow directly into Newark's Wastewater Collection System, through existing interconnections, trunk lines and pipes which ultimately lead to the Passaic Valley Sewage Commission (the "PVSC") - one of the largest wastewater treatment pla...

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