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File #: 020881    Version: 0
Type: Resolution Status: Passed
File created: 9/24/2002 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 10/15/2002
Effective date:    
Title: Resolution approving stipulations to resolve proposed litigation by the State of Wisconsin against the City of Milwaukee. (City Attorney)
Sponsors: THE CHAIR
Indexes: LITIGATION, SUITS PAYMENT
Attachments: 1. City Atty Cover Letter.pdf, 2. fiscal note.pdf, 3. Judgment from State of WI.PDF
Number
020881
Version
ORIGINAL
Reference

Sponsor
THE CHAIR
Title
Resolution approving stipulations to resolve proposed litigation by the State of Wisconsin against the City of Milwaukee. (City Attorney)
Analysis
This resolution approves stipulations to resolve proposed litigation by the State of Wisconsin against the City of Milwaukee, and authorizes expenditure of $100,000.00.
Body
Whereas, The State of Wisconsin will be commencing litigation against the City of Milwaukee alleging that the City has violated various environmental laws and regulations of the State of Wisconsin with respect to construction-site erosion control, sewer clean-out procedures, compliance with the terms of its permits issued under the Wisconsin Pollution Discharge Elimination System, alleged unlawful deposits of materials, and alleged unlawful withdrawal of materials; and

Whereas, The State of Wisconsin will seek from the City forfeitures, penalties, remedial relief, and other forms of relief as may be afforded by the Wisconsin Statutes upon a finding by the court that such violations of State environmental statutes and regulations as alleged by the State of Wisconsin have in fact occurred; and

Whereas, Any finding by a court of a violation on the part of the City of State environmental statutes and regulations as alleged by the State of Wisconsin could result in sizeable monetary liabilities accruing to the City; and

Whereas, A finding of violations on the part of the City may also result in the issuance of an order compelling the City to adopt significant and costly changes to its practices and enforcement procedures; and

Whereas, Because it is difficult to predict the likelihood of success should this matter be litigated, the City Attorney, the Commissioner of Public Works, and the Commissioner of Neighborhood Services have determined that it would be in the best interests of the City to pursue a satisfactory resolution of these issues; and

Wher...

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