241358
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution authorizing settlement of claims in the lawsuit entitled U.S. Venture, Inc. v. City of Milwaukee
Analysis
This resolution authorizes settlement of claims raised by Plaintiff, U.S. Venture, Inc., in the lawsuits entitled U.S. Venture, Inc. v. City of Milwaukee, Milwaukee County Case No. 2016CV5637 and 2022CV3425, for the total amount of $351,560.92.
Body
Whereas, Plaintiff filed a lawsuit against the City entitled U.S. Venture, Inc. v. City of Milwaukee, Milwaukee County Case No. 2016CV5637, for the partial refund of property tax previously paid, which includes claims that the 2015-2020 property tax assessments for their bulk petroleum storage terminal facilities were excessive. The facilities’ current addresses and tax keys are as follows: 9125 North 107th Street (Tax Key 0029996210) and 9401-9521 North 107th Street (Tax Key 0020071110) (“the Properties”); and
Whereas, Plaintiff filed a lawsuit against the City entitled U.S. Venture, Inc. v. City of Milwaukee, Milwaukee County Case No. 2022CV3425, for the partial refund of property tax previously paid, which includes claims that the 2021-2023 property tax assessments for the Properties, were excessive; and
Whereas, Plaintiff has similar objections to the 2024 assessment of the Properties and further litigation is imminent; and
Whereas, Plaintiff has agreed to settle the claims raised in the above-referenced lawsuit and pending objection for the total amount of $351,560.92, and
Whereas, as part of the parties’ proposed settlement of pending claims the City will adjust the assessments of the Properties for 2024 and plaintiff will withdraw the objection for 2024; and
Whereas, as part of the parties’ proposed settlement of pending claims the plaintiff agrees not to file an objection for 2025; and
Whereas, the City Attorney recommends that the City of Milwaukee settle this lawsuit and resolve these claims 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 referenced above, to be charged to the 2024 Remission of Taxes Special Purpose Account No. 0001-9990-S163-006300, in the sum of $351,560.92 and paid to the plaintiff at U.S. Venture, Inc., ATTN: Mike Koel, 425 Better Way, Appleton, WI 54915, in final settlement of these claims and lawsuits; and be it
Further Resolved, that for and in consideration of the above-referenced payment, the Plaintiff will provide to the City a settlement agreement releasing claims relative to its assessments as well as a stipulation and proposed order to dismiss the claims raised in the pending court action.
Requestor
City Attorney
Drafter
Hannah R. Jahn
January 2, 2024