Number
001374
Version
Original
Reference
Sponsor
The Chair
Title
Resolution approving the settlement agreement In Re Global Pension Settlement Litigation, circuit court case no. 00-CV-003439. (City Attorney)
Analysis
This resolution approves a settlement agreement with the appellants from the judgment of the court in circuit court case no. 00-CV-003439. Under the terms of the settlement agreement the appellants will dismiss their appeal and the city will partially reimburse the appellants for their attorney fees.
Body
Whereas, The city has entered into a memorandum of understanding authorizing a global pension settlement and adopted charter ordinance file no. 991585, as amended, implementing the global pension settlement; and
Whereas, In accordance with the terms of the global pension settlement, the parties to the global pension settlement brought an action in the circuit court, In Re Global Pension Settlement Litigation, circuit court case no. 00-CV-003439, seeking a declaration that charter ordinance file no. 991585, as amended, was legal and enforceable; and
Whereas, On November 16, 2000 a judgment was entered declaring the global pension settlement charter ordinances legal and enforceable; and
Whereas, Thomas Otto and Charles E. Hanel intervened in the above captioned case as defendants and filed a timely appeal from the judgment entered by the circuit court; and
Whereas, Appellants Otto and Hanel have entered into a settlement agreement with the City Attorney, whereby they have agreed to dismiss the appeal in consideration of partial reimbursement of their attorney fees in the amount of $33,000 and other valuable consideration; and
Whereas, The City Attorney recommends such settlement agreement be approved so as to remove the last impediment to implementation of the global pension settlement and to save the additional expense of an appeal; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the settlement agreement entered into by the appellants' counsel and the city attorney on behalf of the city be and hereby is approved and the city attorney is authorized to proceed with the implementation of such settlement; and, be it
Further Resolved, That the proper city officers be and hereby are directed to deliver a city check in the amount of $33,000 in accordance with the requirements of the settlement agreement, payable to Thomas Otto, Charles Hanel and their attorneys, Rose & deJong, S.C., attorneys at law, said check to be drawn from the damages and claims fund and to be delivered upon receipt of properly executed releases approved by the city attorney.
Requestor
Drafter
TEH:kf
36347
1/11/01