City of Milwaukee - File #: 071691

• File #: 071691
• Version: 0
• Type: Resolution
• Status: Passed
• File created: 4/9/2008
• In control: FINANCE & PERSONNEL COMMITTEE
• Final action: 5/20/2008
• Title: Resolution relating to the expenditure of capital funds to be reimbursed by greater than anticipated Revenue in the amount of $200,000 received from a court settlement by the Department of Public Works, Infrastructure Services Division, Environmental Section.
• Sponsors: ALD. KOVAC, ALD. COGGS
• Indexes: LITIGATION, REIMBURSABLE SERVICES, STREET IMPROVEMENTS, SUITS SETTLEMENT

Date	Ver.	Action By	Action	Result	Tally
5/30/2008	0	MAYOR	SIGNED
5/20/2008	0	COMMON COUNCIL	ADOPTED	Pass	13:0
5/19/2008	0	CITY CLERK	Sponsor added; Minutes note: ALD. KOVAC
5/15/2008	0	FINANCE & PERSONNEL COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Appearance by: Tim Thur, Dept. of Public Works	Pass	5:0
5/5/2008	0	FINANCE & PERSONNEL COMMITTEE	HEARING NOTICES SENT
4/9/2008	0	COMMON COUNCIL	ASSIGNED TO

Number
071691
Version
ORIGINAL
Reference
Sponsor
ALD. KOVAC AND COGGS
Title
Resolution relating to the expenditure of capital funds to be reimbursed by greater than anticipated Revenue in the amount of $200,000 received from a court settlement by the Department of Public Works, Infrastructure Services Division, Environmental Section.
Analysis
The resolution authorizes supplemental appropriations for Sewer Maintenance Capital with funds of $200,000 received through a settlement with CNA Insurance Company, regarding the City’s claims against Terra Engineering and Camp, Dresser & McKee in City of Milwaukee v. Terra Engineering & Construction Corporation, et al, Milwaukee County Circuit Court Case No. 06-CV-001133.
Body
Whereas, Section 34-91 of the Milwaukee Code of Ordinances establishes procedural guidelines related to the expenditure of funds to be reimbursed by greater that anticipated revenues; and

Whereas, The Department of Public Works, Infrastructure Services Division, Environmental Section received $200,000 in unanticipated revenue from CNA Insurance Company in fiscal year 2008; and

Whereas, The payment resulted from a settlement with CNA Insurance Company regarding City of Milwaukee v. Terra Engineering & Construction Corporation, et al, Milwaukee County Circuit Court Case No. 06-CV-001133; and

Whereas, The settlement from CNA insurance is a compromise of disputed issues regarding alleged failures in the performance of contracts for riverbank stabilization in the Milwaukee River following the partial removal of the North Avenue Dam; and

Whereas, This receipt results in revenue of $200,000 higher than the estimate for Sewer Maintenance Capital revenue included in the adopted 2008 City budget; and

Whereas, The Comptroller has certified below that greater than anticipated revenue has been realized from CNA Insurance Company with respect to the settlement of the City’s claims against Terra Engineering and Camp, Dresser & McKee in City of M...