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File #: 101491    Version:
Type: Resolution Status: Passed
File created: 3/23/2011 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 4/12/2011
Effective date:    
Title: Substitute resolution authorizing payment from the Remission of Taxes Special Purpose Account for a settlement of the lawsuit of U.S. Venture (formerly US Oil) against the City for a partial refund of 2006 and 2007 real estate taxes.
Sponsors: THE CHAIR
Indexes: CONTINGENT FUND, LITIGATION, TAX CANCELLATIONS
Attachments: 1. Settlement Agreement, 2. Exhibit A, 3. Exhibit B, 4. Hearing Notice List
Number
101491
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution authorizing payment from the Remission of Taxes Special Purpose Account for a settlement of the lawsuit of U.S. Venture (formerly US Oil) against the City for a partial refund of 2006 and 2007 real estate taxes.
 
Analysis
This resolution authorizes a settlement of a Wis. Stat. ยง 74.37 lawsuit (Milwaukee County Case
No. 09CV9693) against the City for allegedly excessive assessment of U.S. Venture oil terminal
parcels for 2006 and 2007 in an amount up to $218,923.01.
 
Body
Whereas, U.S. Venture has brought suit against the City for allegedly excessive assessments of
the properties of its oil terminals; and
 
Whereas, A settlement has been entered into by the City with U.S. Venture for reasons which are
in the best interests of both parties; and
 
Whereas, A total amount of $750,000 has been budgeted in the 2011 Remission of Taxes SpecialPurpose Account; and
 
Whereas, The Common Council of the City of Milwaukee, upon the advice of the City Attorney,
deems it just and expeditious to settle this lawsuit; now, therefore, be it
 
Resolved, By the Common Council of the City of Milwaukee, that an amount not to exceed
$218,923.01 be paid from the Remission of Taxes Special Purpose Account, and that the proper
City officers are authorized and directed to issue a City check made payable to the order of U.S.
Venture in final settlement of this lawsuit, said amount up to $218,923.01 be charged to the
Remission of Taxes Special Purpose Account No. 001-9990-S163-006300; and, be it
 
Further Resolved, That for and in consideration of the payment authorized in this resolution,
plaintiff and its attorney will provide to the City a release of claim and stipulation for dismissal
with prejudice of the pending court action for tax years 2006 and 2007.
 
Requestor
Drafter
VDM:dms
March 30, 2011
1056-2009-1786:167832