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RESOLUTION NO.
97 -71
A RESOLUTION APPROVING SETTLEMENT
OF THE JUNKER LANDFILL LITIGATION
WHEREAS, the City has been named as a Defendant in litigation venued in the Western
District of Wisconsin, United States District Court, alleging that the City is one (1) of many
responsible parties with regard to the clean up of a landfill located six (6) miles West of Hudson,
Wisconsin, known as the Junker Landfill; and,
WHEREAS, after participating in the litigation and conducting a diligent inquiry into the
facts and circumstances surrounding the City's potential as a responsible party, a settlement has
been proposed by the Plaintiffs in the litigation proposing that the City settle its claims and
terminate the litigation that is being pursued against the City for the sum of $37S,000.00; and,
WHEREAS, the City Attorney, City Coordinator and City Treasurer have recommended
to the City that the settlement is the best result, keeping in mind the potential risk to tax payers of
the City and the costs of further litigation.
NOW, THEREFORE, BE IT RESOLVED, that the City accept the offer of settlement
and pay to the Plaintiffs, Junker Landfill Trust and the Landfill Remediation Trust, the sum of
$375,000.00 and that the Agreement of Compromise, Settlement and Release consisting of
fourteen (14) pages as approved by the City Attorney be and the same hereby is approved and the
Consent Decree consisting of thirteen (13) pages as approved by the City Attorney be and the
same hereby is approved and the Mayor and City Clerk are authorized to sign them on behalf of
the City Council and the City Treasurer is authorized to prepare a draft in settlement of the claim
and the City Attorney is directed to formalize the Settlement Agreement in all ways and ensure
that the check is delivered in a timely manner in order to effectuate settlement.
Enacted by the City Council of the City of Stillwater this 18th day of Mareh, 1997.
CITY OF STILL WATER
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Modi eldon, Clerk
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