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File #: 111054    Version: 0
Type: Resolution Status: Passed
File created: 11/30/2011 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 12/20/2011
Effective date:    
Title: Resolution to authorize payment of 2008 and 2009 personal property tax refund levied against Giuffre Bros. Inc., plus interest.
Sponsors: THE CHAIR
Indexes: TAX CANCELLATIONS
Attachments: 1. Cover Letter, 2. Hearing Notice List
Number
111054
Version
ORIGINAL
Reference

Sponsor
THE CHAIR
Title
Resolution to authorize payment of 2008 and 2009 personal property tax refund levied against Giuffre Bros. Inc., plus interest.
Analysis
This resolution authorizes payment of a judgment against the City for $53,195.72 plus interest on the tax refund at the rate of 1% per month from April 1, 2010 through the date of payment of the refund.
Body
Whereas, Giuffre Bros. Inc., had filed a claim under Wisconsin State Statute 74.35 against the City of Milwaukee for allegedly unlawful taxes, account number 8331-5656, lawsuit, Case No. 09-CV-011522; and

Whereas, The court ordered payment of $24,032.30 plus interest on the 2008 tax refund at the rate of .8% per month from January 28, 2009 through April 1, 2010 for a total of $26,775.19 and payment of $25,984.00 plus interest on the 2009 tax refund at the rate of .8% per month from January 28, 2010 through April 1, 2010 for a total of $26,420.53; and

Whereas, The parties have entered into a settlement agreement on the above referenced lawsuit for the amount of $53,195.72, plus post judgment interest on the tax refund at the rate of 1% simple interest per month from April 1, 2010 through the date of payment of the refund per Wis. State Statute 815.05(8), said payment to be made by January 31, 2012; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, That the proper city officers are authorized and directed to issue a City check in the amount of $53,195.72, plus interest at the rate agreed, said amount up to $64,898.84, to be charged to the 2012 Remission of Taxes Fund, 0001 Org 9990 Program 0001 Sub-class S163 Account 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 actions. Requestor
Assessor’...

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