HomeMy Public PortalAboutr 11-036?,$011111DIt of 141 p of �1�T�rfmt, �qti '�,
No. 11- 36
Date of Adoption —Fe hrttary 17, 2011
RESOLUTION AUTHORIZING ENTRY AND EXECUTION OF
THE MUNICIPAL JOINT DEFENSE GROUP AGREEMENT IN
THE ACTT ON CAPTIONED NEW JERSEY DEPARTMENT
OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL
C;TEIHCAL CORPORATION ET ALS ,
DOCKET NO. ESX -L- 9363 -05
WHEREAS, certain claims have been asserted against the Borough of Carteret in the
action captioned New Jersey Department of Environmental Protection v Occidental
Chemical Corporation, et als Docket No. ESX -L- 9363 -05 pending in the Superior Court
of New Jersey, Law Division, Essex County, or any other related cases in State or Federal
Court (hereinafter referred to as the "Litigation ") associated with allegations of
discharges of hazardous substances into what is collectively referred to as the `Newark
Bay Complex'; and
WHEREAS, the New Bay Complex encompasses the lower 17 miles of the Passaic
River, Newark Bay, the lower reaches of the Hackensack River, the Arthur Kill and Kill
van Kul I; and
WHEREAS, without admitting any fact, responsibility, fault and /or liability in
connection with the claims alleged against it in the Litigation, the Borough of Carteret
wishes to enter into a Municipal Joint Defense Group Agreement for the purposes of
effectively and efficiently responding to the allegations asserted in the Litigation,
allocating among other third -party defendant municipalities and municipal entities
common legal, technical and administrative and other costs incurred in the Litigation, and
cooperating with other thud -party defendant municipalities and municipal entities in this
effort; and
WHEREAS, a copy of the Municipal Joint Defense Group Agreement is in the Clerk's
office and is incorporated by reference hereto:
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of
Carteret, in the County of Middlesex, New Jersey, as follows:
Section 1. The aforementioned recitals are incorporated herein as though fully
set forth at length.
Section 2. The Borough by the &layor is hereby authorized to enter into the
Municipal Joint Defense Group Agreement.
Section 3. This resolution shall take effect immediately in accordance with
Law.
Adopted this 17' day of February, 2011
and certified as a true copy of the
original on February 13, 2011.
KATHLEEN M. BARNEY, MNIC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
I'ES
NO
NV
A.n.
L III D
X
X
DIAZ
VAH ES
ttt
DDAECIO
X
SEPRZ
X
X - Indicate Vote Art - Absent NV - Not Voting
XOR - Indicates Vate to Overrule Veto
Adopted at a meeting of the Municipal Council
February 17,
2011
CLERK
Exhibit A
Municipal Joint Defense Agreement