City of Milwaukee - File #: 051025

• File #: 051025
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 11/15/2005
• In control: JUDICIARY & LEGISLATION COMMITTEE
• Final action: 12/13/2005
• Title: : Substitute resolution approving settlement of a lawsuit to be filed by the State of Wisconsin relative to compliance with certain water pollution control laws.
• Sponsors: THE CHAIR
• Indexes: LITIGATION, MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, SUITS SETTLEMENT

Date	Ver.	Action By	Action	Result	Tally
12/21/2005	1	MAYOR	SIGNED
12/13/2005	1	COMMON COUNCIL	ADOPTED	Pass	14:1
11/28/2005	0	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	4:0
11/18/2005	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
11/18/2005	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
11/15/2005	0	COMMON COUNCIL	ASSIGNED TO

Number

051025

Version:

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title:                     

Substitute resolution approving settlement of a lawsuit to be filed by the State of Wisconsin relative to compliance with certain water pollution control laws.

Analysis

This resolution approves, and authorizes the City Attorney to execute, a Stipulation and Order for Judgment to be entered into between the City of Milwaukee and the State of Wisconsin in settlement of a lawsuit to be filed by the State of Wisconsin relative to compliance with certain water pollution control laws.

Body:

Whereas, In 2004 the State of Wisconsin notified the City and 27 other communities that are tributary to the MMSD that it planned to file a lawsuit seeking penalties and affirmative injunctive relief as a result of, in part, alleged violations of various water pollution control laws; and

Whereas, The 28 communities have participated in settlement discussions and have cooperated in negotiating the attached Stipulation and Order for Judgment in the threatened lawsuit with the State of Wisconsin; and

Whereas, The Stipulation will be effective only if executed by substantially all parties and filed with the Court on or before December 16, 2005; and

Whereas, The City Attorney has reviewed the provisions of the attached Stipulation and Order for Judgment and, upon consultation with representatives of the City Engineer, has concluded that they are reasonable and that approval thereof would be in the best interests of the City; and

Whereas, It is contemplated that the attached Stipulation and Order for Judgment will be filed by the State with the Court simultaneously with a summons and complaint, to be followed by a 30-day public-comment period; and

Whereas, The Stipulation and Order for Judgment contains no admission of liability by the City or any other defendant; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that the attached Stipulation and Order for Judgment is hereby approved and that the City Attorney is authorized to execute same on behalf of the City of Milwaukee.

Drafter:

City Attorney

LUB:bal

11/15/05/98925