HomeMy Public PortalAboutResolution No. 23 - 185 - Reso - PFAS Water Contamination LawsuitSponsored by: Mayor Taylor
RESOLUTION NO. 23-185
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, DIRECTING THE CITY
ATTORNEY TO EXPLORE, RESEARCH AND TAKE
NECESSARY STEPS TO JOIN THE WATER
CONTAMINATION CLASS ACTION LAWSUIT PERTAINING
TO POLYFLUOROALKYL SUBSTANCES (PFAS), IF DEEMED
TO BE IN THE BEST INTEREST OF THE CITY OF OPA-LOCKA;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, our federal and state governments have recognized that certain
chemicals, specifically those found in firefighting foam products (known as
"aqueous film forming foam" or "AFFF") and/or other products containing per -
and polyfluoroalkyl substances ("PFAS") (including perfluorooctanoic acid
("PFOA" or "C8"), perfluoro octane sulfonate ("PFOS"), as well as other emerging
contaminants such as 1,4-dioxane and micro -plastics, can produce harmful health
effects; and
WHEREAS, such chemicals may contaminate drinking water sources and
other sites, resulting in costly treatment protocols and remediation for
municipalities; and
WHEREAS, local governments across the country have brought legal actions
against the manufacturers and distributors of these chemicals for the cost of
treatment protocols and remediation; and
WHEREAS, at the Regular Commission Meeting on November 8, 2023, a
public presentation was made to inform the City Commission of the City of Opa-
Locka of a water contamination caused by the harmful chemicals per -and
polyfluoroalkyl substances (known as PFAS) that has affected many municipalities
countrywide, particularly affecting the City of Opa-Locka ("City") through the use
of a Municipal Water Utility that is currently dormant. The presenter advised that
there is a Water Contamination Lawsuit that he believes the City has the
opportunity to join as a Class Action lawsuit and may be entitled to proceeds from
a muti-billion-dollar settlement; and
Resolution No. 23-185
WHEREAS, the City of Opa-Locka desires direct the City Attorney to take
necessary steps to join the water contamination class action lawsuit, if deemed to be
in the best interests of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
SECTION 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby directing the City Attorney
to explore and take necessary steps to join the Water Contamination Class Action
Lawsuit pertaining to PFAS if deemed to be in the best interest of the City of Opa-
Locka following exploration and research.
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors, which do not affect the intent of this Resolution may be
authorized by the Interim City Manager, following review by the City Attorney,
without need of public hearing, by filing a corrected copy of same with the City
Clerk.
SECTION 4. EFFECTIVE DATE
This Resolution shall take effect upon the adoption and is subject to the approval
of the Governor or Governor's Designee.
PASSED and ADOPTED this 13th day of Decemb 2023.
John H I aylor Jr., Mayor
ATTEST:
a Flores, City Clerk
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Resolution No. 23-185
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norris -Weeks, P.A.
City Attorney
Moved by: Vice Mayor Ervin
Seconded by: Commissioner Kelley
VOTE: 5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
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DocuSign Envelope ID: EAC2E486-3D96-4B68-9501-C27A641E7906
City of Opa-locka
Agenda Cover Memo
DocuSigned by:
City
Manager:
Darvin Williams
CM Signature:
��',.
C46C07C1 E8DE492...
Commission
Meeting
Date:
12.13.2023
Item Type:
(EnterXin box)
Resolution
Ordinance
Other
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No
Ordinance Reading.
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1.51 Reading
2nd Reading
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Public Hearing:
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X
X
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Required:
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RFP/RFQ/Bid#:
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Yes
No
Strategic Plan Priority
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(list the specific objective/strategy this
item will address)
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MI
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Sponsor
Name
Mayor Taylor
Department:
City Commission
Short Title:
A resolution of the City Commission of the City of Opa-locka directing the City Attorney to explore and take all
necessary steps to join a Water Contamination Lawsuit if it is in the best interest of the City to do so.
Staff Summary:
At the Regular Commission Meeting on November 8, 2023, a presentation was made to inform the City
Commission of water contamination caused by the harmful chemicals per -and polyfluoroalkyl substances
(known as PFAS) that have affected many municipalities nationwide. In particular, this could pertain to the
City which previously used a City water well to provide water to its utility customers. This well is now sealed.
The presenter advised that there is a Class Action Water Contamination Lawsuit that he believes the City has
the opportunity to join, and the City may be entitled to proceeds from a muti-billion-dollar settlement. If it is
in the best interest of the City of Opa-locka and its residents, the City Attorney shall take the necessary steps
to join the Water Contamination Lawsuit.
DocuSign Envelope ID: EAC2E486-3D96-4B68-9501-C27A641E7906
Financial Impact: It is understood that this lawsuit is proceeding on a contingency basis with no expenditure
required from the City unless the City receives a portion of a financial settlement which might ensue.
Proposed Action
It is recommended the City Commission approves legislation directing the City Attorney to explore and take
all necessary steps to join the Water Contamination Lawsuit if it is determined to be in the best interest of the
City.
Attachment: