Number
071428
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution authorizing settlement of a sec. 74.37 lawsuit, Frontage LLC v. City, Case No. 07CV12956, an action for allegedly excessive assessment in the amount of $17,178.04 plus simple interest at 0.8% per month since May 9, 2007.
Analysis
This resolution authorizes settlement of a sec. 74.37 lawsuit by Frontage LLC against the City for allegedly excessive assessment in the amount of $17,178.04 plus simple interest at 0.8% per month since May 9, 2007.
Body
Whereas, Frontage LLC has brought suit against the City for an allegedly excessive assessment; and
Whereas, The parties have entered into a settlement agreement, contingent upon Common Council approval; and
Whereas, A comprehensive review of this matter by the Assessor’s Office and the City Attorney’s Office has determined that settlement is appropriate; and
Whereas, The Common Council of the City of Milwaukee deems it just and expeditious to settle this lawsuit; 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 City check in the amount of $17,178.04 plus simple interest at 0.8% per month from May 9, 2007, to the date of payment payable to the order of Frontage LLC and the law firm of Mallory & Zimmerman in final settlement of this lawsuit, said amount to be charged to the Remission of Taxes Fund, Account No. 0001-9990-S163-006300; and be it
Further Resolved, That for and in consideration of the above-referenced payment, plaintiff and its attorney will provide to the City a release of any and all claims relating to this assessment and a stipulation and order for dismissal of the pending court action.
Requestor
City Attorney
Drafter
VDM:dms
February 8, 2008
1056-2007-2774:128769