City of Milwaukee - File #: 101189

• File #: 101189
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 1/19/2011
• In control: FINANCE & PERSONNEL COMMITTEE
• Final action: 2/8/2011
• Title: Substitute resolution authorizing an appropriation of $636,626.35 from the Common Council Contingent Fund to the Remission of Taxes Special Purpose Account and directing payment of a judgment in favor of U.S. Venture against the City in the amount of $540,191.13 plus simple interest at 1% per month from the date of the judgment until date of payment.
• Sponsors: THE CHAIR
• Indexes: CONTINGENT FUND, SUITS PAYMENT, SUITS SETTLEMENT, TAX CANCELLATIONS

Date	Ver.	Action By	Action	Result	Tally
2/9/2011	1	MAYOR	SIGNED
2/8/2011	1	COMMON COUNCIL	ADOPTED	Pass	12:0
2/4/2011	1	FINANCE & PERSONNEL COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	5:0
1/31/2011	0	JUDICIARY & LEGISLATION COMMITTEE	SUBSTITUTED; Minutes note: Individuals present: Mary Reavy, Assessor's Office Peter Weissenfluh, Assessor's Office Vincent Moschella, Deputy City Attorney's Office	Pass	4:0
1/31/2011	1	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION AND ASSIGNED	Pass	4:0
1/27/2011	0	FINANCE & PERSONNEL COMMITTEE	HEARING NOTICES SENT
1/27/2011	0	FINANCE & PERSONNEL COMMITTEE	HEARING NOTICES SENT
1/21/2011	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
1/19/2011	0	COMMON COUNCIL	ASSIGNED TO

101189
Version
SUBSTITUTE 1
Reference

Sponsor
THE CHAIR
Title
Substitute resolution authorizing an appropriation of $636,626.35 from the Common Council Contingent Fund to the Remission of Taxes Special Purpose Account and directing payment of a judgment in favor of U.S. Venture against the City in the amount of $540,191.13 plus simple interest at 1% per month from the date of the judgment until date of payment.
Analysis
This resolution authorizes payment of a WI Stat. 74.37 lawsuit judgment against the City for excessive assessments for three oil terminal parcels for 2004 and 2005 in the amount of $424,713.91 plus interest and costs totaling $540,191.13 as of September 2, 2009 plus simple interest of 1% per month thereafter until payment.
Body
Whereas, U.S. Venture has brought suit against the City for allegedly excessive assessments of the properties of three oil terminals; and

Whereas, A civil judgment has been entered against the City on behalf of U.S. Venture for $540,191.13 on September 2, 2009 plus simple interest at 1% per month until date of payment; and

Whereas, The Court of Appeals has decided the City’s appeal in favor of U.S. Venture and the City Assessor and the City Attorney have determined that a petition to the Supreme Court is not appropriate or in the best interests of the City; and

Whereas, A total amount of $750,000 has been budgeted in the 2011 Remission of Taxes Special Purpose Account; and

Whereas, $295,774 plus interest has been encumbered; and

Whereas, There are multiple claims pending seeking remission of taxes alleging excessive assessments under WI Stats. 74.37; and

Whereas, There are 2009 and 2010 cases pending before the Board of Review; and

Whereas, The Common Council of the City of Milwaukee deems it just and expeditious to settle this lawsuit; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee that an amount of $636,626.35 be appropriated from the Common Council Contingent Fund Ac...