Number
231184
Version
original
Reference
230831
Sponsor
THE CHAIR
Title
Resolution amending the settlement amount in Common Council File Number 230831 to correct a technical error.
Analysis
This resolution authorizes settlement of claims raised by the Plaintiff, Robert Joseph, in the lawsuit entitled Robert Joseph v. City of Milwaukee, Milwaukee County Case No. 2022-CV-2531, for the total amount of $9,675.39, an increase of $143.87 from the previously-approved amount of $9,531.52.
Body
Whereas, Plaintiffs filed a lawsuit against the City entitled Robert Joseph v. City of Milwaukee, Milwaukee County Case No. 2022-CV-2531, for the partial refund of property tax assessments previously paid, on the basis that its 2021 and 2022 property tax assessments were excessive; and
Whereas, Plaintiff has agreed to settle the claims raised in the above-referenced lawsuit for the total amount of $9,675.39, inclusive of interest, and included in this settlement is a resolution of Plaintiffs’ 2021 and 2022 excessive assessment claims; and
Whereas, In Common Council File Number 230831, adopted on October 31, 2023, the Common Council of the City of Milwaukee, due to a scrivener’s error, has already approved a settlement agreement in this matter for the amount of $9,531.52, and now needs to authorize an additional payment of $143.87 in order to reach the agreed settlement amount; and
Whereas, the City Attorney recommends that the City of Milwaukee settle this lawsuit now; now, therefore, be it
Resolved, by the Common Council of the City of Milwaukee, the City Attorney is authorized to enter into a settlement agreement between the City of Milwaukee and the Plaintiff referred to herein and to execute and approve all documents and take all action necessary to carry out the terms and conditions of said agreement; and be it
Further Resolved, that in compliance with the City Attorney’s direction, the proper City officers be and hereby are authorized and directed to issue a City check, as soon as practicable in full and final settlement of the claims as outlined in the above-referenced lawsuit, to be charged to the 2021 and 2022 Remission of Taxes Fund Special Purpose Account No. 0001-9900-S163-006300, the sum of $143.87 made payable to the von Briesen & Roper, s.c. Client Trust Account in final settlement of this lawsuit; and be it
Further Resolved, that for and in consideration of the above-referenced payment, the Plaintiff will provide to the City a release of claims and a stipulation and proposed order to dismiss the claims raised in the pending court action.
Requestor
City Attorney
Drafters
Kyle W. Bailey
Hannah R. Jahn
11/21/2023