RES 2016-32 Adopted RESOLUTION NO. 2016-32
A RESOLUTION AUTHORIZING THE SETTLEMENT BY THE CITY WITH CAROLINA
PINES I, LL,C IN CAUSE OF ACTION NO. 3:16-1124-TLW
IN THE UNITED STATES DISTRICT COURT, DISTRICT OF SOUTH CAROLINA,
COLUMBIA DIVISION
WHEREAS, the City is a named Defendant in the action originally filed in the Court
of Common Pleas for Richland County, South Carolina as Civil Action 2016-CP-400-0842; and,
WHEREAS, such action was filed by Carolina Pines I, LLC, an Ohio Limited
Liability Company against the City of Abbeville Public Works, Abbeville County Public Works,
Aiken County Solid Waste, Beaufort County Solid Waste, Charleston County Solid Waste, Horry
County Solid Waste, Lauren's County Public Works; Lexington County Solid Waste, Orangeburg
County Department of Public Works, Sumter County Public Works, and the City of North Augusta
Public Works; and,
WHEREAS, the case, although originally filed in State Circuit Court was removed
to the United States District Court, District of South Carolina, Columbia Division; and,
WHEREAS, such litigation is related to electronics recycling; and,
WHEREAS, the City has been defending said action and recently took part in
mediation related to such litigation; and,
WHEREAS, following the mediation, with all Defendants, such mediation was
unsuccessful and the litigation remains pending; and,
WHEREAS, it appears that this matter will not be settled without extensive
litigation; and,
WHEREAS, the City has negotiated a settlement with Carolina Pines I, LLC that
will result in the City receiving a full release at this time; and,
WHEREAS, the City has determined that the cost of settlement, at this time, would
appear to be substantially less than the cost of full litigation of this matter, even if the ultimate
determination by Court was in favor of the City.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
City of North Augusta, in meeting duly assembled and by the authority thereof, that:
1. The City Attorney is authorized to complete settlement in the above-
referred-to litigation by payment of the sum of$17,000.00.
2. That the City Attorney is authorized to execute such documents as
appropriate to complete this settlement.
3. That the funds for settlement shall be paid out of the Sanitation Services
Fund.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA,ON THIS THE 7TH DAY NOVEM ER,2016.
Lark W. Jones, ayor
„,._,ASST: -
Donna B. Young, City Cl rk