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File #: 071691    Version: 0
Type: Resolution Status: Passed
File created: 4/9/2008 In control: FINANCE & PERSONNEL COMMITTEE
On agenda: Final action: 5/20/2008
Effective date:    
Title: Resolution relating to the expenditure of capital funds to be reimbursed by greater than anticipated Revenue in the amount of $200,000 received from a court settlement by the Department of Public Works, Infrastructure Services Division, Environmental Section.
Sponsors: ALD. KOVAC, ALD. COGGS
Indexes: LITIGATION, REIMBURSABLE SERVICES, STREET IMPROVEMENTS, SUITS SETTLEMENT
Attachments: 1. Hearing notice list, 2. Infrastructure Services Division Cover Letter, 3. Comptroller's Signed Resolution

Number

071691

Version

ORIGINAL

Reference

Sponsor

ALD. KOVAC AND COGGS

Title

Resolution relating to the expenditure of capital funds to be reimbursed by greater than anticipated Revenue in the amount of $200,000 received from a court settlement by the Department of Public Works, Infrastructure Services Division, Environmental Section.

Analysis

The resolution authorizes supplemental appropriations for Sewer Maintenance Capital with funds of $200,000 received through a settlement with CNA Insurance Company, regarding the City’s claims against Terra Engineering and Camp, Dresser & McKee in City of Milwaukee v. Terra Engineering & Construction Corporation, et al, Milwaukee County Circuit Court Case No.      06-CV-001133.

Body

Whereas, Section 34-91 of the Milwaukee Code of Ordinances establishes procedural guidelines related to the expenditure of funds to be reimbursed by greater that anticipated revenues; and

 

Whereas, The Department of Public Works, Infrastructure Services Division, Environmental Section received $200,000 in unanticipated revenue from CNA Insurance Company in fiscal year 2008; and

 

Whereas, The payment resulted from a settlement with CNA Insurance Company regarding City of Milwaukee v. Terra Engineering & Construction Corporation, et al, Milwaukee County Circuit Court Case No. 06-CV-001133; and

 

Whereas, The settlement from CNA insurance is a compromise of disputed issues regarding alleged failures in the performance of contracts for riverbank stabilization in the Milwaukee River following the partial removal of the North Avenue Dam; and

 

Whereas, This receipt results in revenue of $200,000 higher than the estimate for Sewer Maintenance Capital revenue included in the adopted 2008 City budget; and

 

Whereas, The Comptroller has certified below that greater than anticipated revenue has been realized from CNA Insurance Company with respect to the settlement of the City’s claims against Terra Engineering and Camp, Dresser & McKee in City of Milwaukee v. Terra Engineering & Construction Corporation, et al, Milwaukee County Circuit Court Case No.      06-CV-001133 in the amount of $200,000, pursuant to s. 304-91,

 

City Comptroller Certification

 

Pursuant to s.304-91, I hereby certify that $200,000 from CNA Insurance Company was realized on or before March 5, 2008, and is to be expended only for the purposes specified in this resolution.

 

 

                     ____________________________                                          ___                                                               __________________

                                          W. Martin Morics, Comptroller                                                                                                         Date

 

; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that the Comptroller is hereby authorized and directed to increase appropriations in the amount of $200,000 in the capital program account (006300-0491-6831-0001-R999-0000-SM498080000) and increase estimated revenues by $200,000 in the revenue account (009870-0491-6831-0001-R999-0000) of the Department of Public Works, Infrastructure Services Division, Environmental Section; and, be it

 

Further Resolved, That the Department of Public Works, Infrastructure Services Division, Environmental Section is authorized to conduct engineering studies, which are NonAssessable by City Charter, to determine the extent of the remediation necessary in the area of the North Avenue Dam to meet the requirements established by Wisconsin Department of Natural Resources.  The costs of the engineering studies are estimated to be $200,000 and are to be accounted for utilizing project SM498080100.  The total costs of the project have yet to be determined; and, be it

 

Further Resolved, That the Comptroller is authorized and directed to establish the necessary accounts and accounting procedures to carry out the intent of this resolution.

Requestor

Department of Public Works

Infrastructure Services Division

Environmental Section

Drafter

MWJ:sdp

03/25/08