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24-3452 Participation in Class Action Settlements with Tyco Fire Products LP
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24-3452 Participation in Class Action Settlements with Tyco Fire Products LP
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8/27/2024 2:09:04 PM
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8/27/2024 2:09:02 PM
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City Clerk
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Resolutions
City Clerk - Date
8/26/2024
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RESOLUTION 24-3452 <br />A RESOLUTION OF THE CITY COMMISSION OF CITY OF <br />CASSELBERRY, FLORIDA, AUTHORIZING THE PARTICIPATION IN <br />THE PROPOSED CLASS ACTION SETTLEMENTS WITH TYCO FIRE <br />PRODUCTS LP, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO <br />THE ANSUL COMPANY AND CHEMGUARD, INC. (HEREINAFTER <br />REFERRED TO AS "TYCO DEFENDANTS") AND BASF CORPORATION <br />IN THE PUBLIC WATER SYSTEMS' PORTION OF THE MULTI -DISTRICT <br />LITIGATION ("MDL") MATTER, IN RE: AQUEOUS FILM -FORMING <br />FOAMS PRODUCT LIABILITY LITIGATION, MDL 2:18-MN-2873-RMG, <br />RELATING TO PFAS CONTAMINATION OF DRINKING WATER; <br />AUTHORIZING THE CITY MANAGER TO COMPLETE ALL <br />DOCUMENTATION AND EXECUTE ALL RELEASES AND <br />AGREEMENTS NECESSARY TO PARTICIPATE IN THE SETTLEMENT <br />WITH TYCO AND BASF CORPORATION IN THE WATER PROVIDERS' <br />PORTION OF THE MDL; AND AUTHORIZING OUTSIDE COUNSEL TO <br />CONTINUE TO PURSUE LITIGATION RELATED TO PFAS; PROVIDING <br />FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. <br />WHEREAS, on December 7, 2018, litigation involving the contamination of water <br />and soil by Per- and Polyfluoroalkyl Substances ("PFAS") manufactured by various <br />entities was consolidated in the United States District Court of South Carolina as In Re: <br />Aqueous Film -Forming Foams Product Liability Litigation, MDL 2:18-mn-2873-RMG, <br />before the Honorable Richard M. Gergel; and <br />WHEREAS, settlements have been filed on behalf of manufacturers Tyco <br />Defendants and BASF Corporation to compensate public water systems, including the <br />City of Casselberry, for the contamination and remediation of PFAS. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY <br />OF CASSELBERRY, FLORIDA: <br />SECTION 1. The City Commission approves and incorporates the foregoing <br />recitals as if fully set forth herein. <br />SECTION 2. The City Commission authorizes the City of Casselberry to <br />participate in the proposed Class Action Settlements with Tyco Defendants and BASF <br />Corporation, in the Public Water Systems' portion of the Multidistrict litigation matter, In <br />Re: Aqueous Film -Forming Foams Product Liability Litigation, MDL 2:18-mn-2873-RMG, <br />relating to PFAS contamination of drinking water. <br />SECTION 3. The City Commission authorizes Outside Counsel to complete all <br />documentation required to participate in the Tyco Defendants and BASF Corporation <br />1 <br />
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