ORDINANCE No. 177072

*Authorize settlement of lawsuit, City of Portland v. The Boeing Company, a Delaware corporation; and Cascade Corporation, an Oregon corporation, United States District Court No. CV99-1761-AS. (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  The City of Portland has currently pending a lawsuit against the Boeing Company and Cascade Corporation seeking damages resulting from ground water contamination at the Boeing and Cascade facilities in East Multnomah County Well Field;

2.  The parties wish to settle their differences so that the City’s lawsuit may be dismissed;

3.  Boeing and Cascade have agreed to pay the City $6.2 million to settle the claims included in the City’s lawsuit;

4.  The City and Boeing and Cascade have agreed, additionally, to release each other from any and all existing actions or claims related to the contamination near the City’s Columbia South Shore Well Field.

NOW, THEREFORE, the Council directs:

a.  Upon receipt by the City of a total of $6.2 million from the defendants, the Commissioner in Charge of the Water Bureau and the City Attorney are hereby authorized and directed to execute a settlement agreement and release with Boeing and Cascade substantially in accordance with the form of the agreement attached hereto as Exhibit A.

Section 2.  The Council declares an emergency exists in order to avoid undue delay in settling this lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Commissioner Dan Saltzman

Terence Thatcher:ks

November 6, 2002

BACKING SHEET INFORMATION

AGENDA NO. 1388-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177072