Title
The Detroit Board of Water Commissioners (Board) authorizes the Director to enter into a Class Action Settlement Agreement between DWSD and a Class of Plaintiffs to be certified consisting of all owners and occupiers of non-residential, parcel-based real property who or which were billed and/or paid the Per-Acre Drainage Charges between July 18, 2013 and June 30, 2017. This Agreement is intended to settle all of the claims of all members who join the Class in the above captioned matter; and authorizes the Director and General Counsel to take such other action as may be necessary to accomplish the intent of this vote.
Body
Agenda of August 16, 2017
Item No.: 17-0136
Amount: N/A
TO: The Honorable
Board of Water Commissioners
City of Detroit
FROM: Gary A Brown, Director
Detroit Water and Sewerage Department
RE: Michigan Warehousing et al v City of Detroit et al
Case No. 15-010165-CB
MOTION
Upon recommendation and opinion of Debra N. Pospiech, Esq., General Counsel and Sonal Hope Mithani, Esq. of Miller Canfield, the Detroit Board of Water Commissioners (Board) authorizes the Director to enter into a Class Action Settlement Agreement between DWSD and a Class of Plaintiffs to be certified consisting of all owners and occupiers of non-residential, parcel-based real property who or which were billed and/or paid the Per-Acre Drainage Charges between July 18, 2013 and June 30, 2017. This Agreement is intended to settle all of the claims of all members who join the Class in the above captioned matter; and authorizes the Director and General Counsel to take such other action as may be necessary to accomplish the intent of this vote.
BACKGROUND AND JUSTIFICATION
The Background and Justification for the Settlement Agreement are contained in a confidential, attorney-client privileged communication provided under separate cover and as discussed with the Board in Closed Session.
BUDGET IMPACT
To the extent there are expenses associated with this authorization, those expenses are within levels and programs authorized as a part of the DWSD’s budget.
BOARD REVIEW
This matter was individually reviewed by each member of the Board.