City of Milwaukee - File #: 070734

• File #: 070734
• Version: 0
• Type: Resolution
• Status: Passed
• File created: 9/5/2007
• In control: JUDICIARY & LEGISLATION COMMITTEE
• Final action: 9/25/2007
• Title: : Resolution authorizing the settlement of the claim of Sgt. Kevin Moore, in the amount of $89,630.80 less taxes and the return of the property located at 313 E. Burleigh Street.
• Sponsors: THE CHAIR
• Indexes: CLAIMS PAYMENT, IN REM JUDGMENTS

Date	Ver.	Action By	Action	Result	Tally
10/4/2007	0	MAYOR	SIGNED
9/25/2007	0	COMMON COUNCIL	ADOPTED	Pass	14:0
9/17/2007	0	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	4:0
9/11/2007	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
9/5/2007	0	COMMON COUNCIL	ASSIGNED TO

Number:

070734

Version:

ORIGINAL

Reference:

Sponsor:

THE CHAIR

Title:

Resolution authorizing the settlement of the claim of Sgt. Kevin Moore, in the amount of $89,630.80 less taxes and the return of the property located at 313 E. Burleigh Street.

Analysis:

This resolution authorizes the settlement of the claim of Sgt. Kevin Moore, in the amount of in the amount of $89,630.80 less taxes and the return of property located at 313 E. Burleigh Street, Milwaukee, Wisconsin.

Body:

Whereas, The claimant, Sgt. Kevin Moore (C.I. File No. 06-L-86) has filed a claim for damages against the City of Milwaukee pursuant to the Servicemembers Civil Relief Act (“SCRA”) for damages incurred on July 14, 2004 and August 14, 2005 when the City of Milwaukee took the properties located at 2822 North 9^th Street (“9^th Street”) and 313 East Burleigh Street (”Burleigh Street”) in-rem foreclosure by default judgment in violation of the SCRA; and                     

Whereas, The claimant who is currently an active duty service member; and

Whereas, The claimant has agreed to settle his claim in the amount of $89,630.80 less taxes and the return of the Burleigh Street Property; and

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

Resolved, By the Common Council of the City of Milwaukee, that the proper city officers be and hereby are authorized and directed to issue a check in the amount of $57,097.28, payable to Sgt. Kevin Moore, in full and final settlement of said claim, said check to be delivered to the City Attorney upon his request, said amount to be charged to the Damages and Claims Fund, Account No. 0001-1490-0001-S118-006300; and, be it

Further Resolved, That the delinquent taxes owed for the properties located at 2822 North 9^th Street, Tax Key No. 312-0504-8 in the amount of $4,103.06 and 313 East Burleigh Street Tax Key  No. 314-1170-6 in the amount of $28,430.46 shall be transferred from the Damages and Claims fund to the Tax Deed Account 107801 Fund 0110; and, be it

Further Resolved, That for and in consideration of the above-referenced payment, Sgt. Kevin Moore will provide to the City a release of any and all claims arising out of or in any way related to this incident.                     

Requestor:

City Attorney

Drafter:                     

GOSC:gosc

September 5, 2007