Number
050064
Version
SUBSTITUTE 1
Reference
041411, 041516
Sponsor
ALD. D'AMATO
Title
Substitute resolution authorizing settlement of in rem action against Molecular Biology Resources, Inc.
Analysis
Resolution approves and authorizes settlement of in rem litigation for back taxes (2002-2004) and other charges against 6143 N. 60th Street, Tax Key Number 155-0404-000-0.
Body
Whereas, 6143 N. 60th Street (the "Property") is owned by Molecular Biology Resources, Inc. ("MB"), and is on the City's do-not-acquire list as it is suspected of being a brownfield and environmentally contaminated; and
Whereas, the City sued MB in personam for back taxes and charges against it (Case Number 04-CV-002351), and in that suit, MB alleged billing errors for the City local sewer charges (the "LSC") and Milwaukee Metro Sewerage District (MMSD) sewer charges; and
Whereas, MB and the City entered into settlement discussions concerning the in personam litigation, and a settlement offer was brought to the Council via File Number 041411, and the Council rejected that offer and placed the matter on file; and
Whereas, the in personam litigation was dismissed by stipulation of the parties, and the City, pursuant to Council Resolution File Number 041516, authorized in rem foreclosure against the Property notwithstanding potential environmental concerns; and
Whereas, the Property is currently in the City's 2005 No. 1 in rem filing, Case Number 05-CV-002643; and
Whereas, MB has made another settlement offer; and
Whereas, MB and the City Attorney's Office negotiated the proposed Settlement Stipulation and Order that is part of this file (the "Stipulation"); and
Whereas, pursuant to the Stipulation and this resolution, the in rem litigation would be settled by order of the Court, the Property would be dismissed from foreclosure, and MB would pay to the City $434,000 to pay and satisfy in full the outstanding amounts on the 2002-2004 tax rolls (May...
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