Detroit Water and Sewerage Department
File #: 20-0045    Version: 1 Name:
Type: Case Settlement, Other Status: Passed
In control: Office of the General Counsel
On agenda: 2/19/2020 Final action: 2/19/2020
Title: The Board of Water Commissioners for the City of Detroit Water and Sewerage Department authorizes the Director to enter into a Class Action Settlement Agreement between DWSD and a Class of Plaintiffs to be certified consisting of persons or entities who or which have paid or incurred the PFL Charges during the permitted time periods preceding the filing of the class action and/or at any time during the pendency of the above-captioned matter through June 30, 2020; and authorizes the Director and General Counsel to take such other action as may be necessary to accomplish the intent of this vote.
Indexes: Finance Committee

Title

The Board of Water Commissioners for the City of Detroit Water and Sewerage Department authorizes the Director to enter into a Class Action Settlement Agreement between DWSD and a Class of Plaintiffs to be certified consisting of persons or entities who or which have paid or incurred the PFL Charges during the permitted time periods preceding the filing of the class action and/or at any time during the pendency of the above-captioned matter through June 30, 2020; 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 February 19, 2020

Item No.:                     20-0045

Amount:                     N/A                                                                                                                                                                                                                                       

 

TO:                                          The Honorable

Board of Water Commissioners

City of Detroit, Michigan

 

FROM:                     Gary A Brown, Director

                                          Detroit Water and Sewerage Department

 

RE:                                          United House of Prayer et al. v. City of Detroit

                                          Wayne County Circuit Court Case No. 19-002074-CZ

 

MOTION

Upon recommendation and opinion of Debra N. Pospiech, Esq., General Counsel and Sonal Hope Mithani, Esq. of Miller Canfield, the Board of Water Commissioners for the City of Detroit Water and Sewerage Department authorizes the Director to enter into a Class Action Settlement Agreement between DWSD and a Class of Plaintiffs to be certified consisting of persons or entities who or which have paid or incurred the PFL Charges during the permitted time periods preceding the filing of the class action and/or at any time during the pendency of the above-captioned matter through June 30, 2020; 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.