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File #: 160291    Version: 0
Type: Resolution Status: Passed
File created: 6/14/2016 In control: COMMON COUNCIL
On agenda: Final action: 7/6/2016
Effective date:    
Title: Resolution appropriating up to $968,331.75 from the 2016 Common Council Contingent Fund for payment of judgment, interest and court-mediated settlement of attorney’s fees, costs and expenses regarding litigation entitled Six Star Holdings, LLC and Ferol, LLC v. City of Milwaukee.
Sponsors: THE CHAIR
Indexes: MUNICIPAL LIABILITY
Attachments: 1. City Attorney Letter, 2. Budget response, 3. Hearing Notice List

Number                     

160291

Version

ORIGINAL

Reference

 

Sponsor

THE CHAIR

Title

Resolution appropriating up to $968,331.75 from the 2016 Common Council Contingent Fund for payment of judgment, interest and court-mediated settlement of attorney’s fees, costs and expenses regarding litigation entitled Six Star Holdings, LLC and Ferol, LLC v. City of Milwaukee.

Analysis

Common Council resolution file number 160292, authorizes payment of judgment, interest and mediated settlement of attorney’s fees, costs and expenses in the lawsuit entitled Six Star Holdings, LLC and Ferol, LLC v. City of Milwaukee, Case No. 10C893 in the United States District Court for the Eastern District of Wisconsin and in the United States Court of Appeals for the Seventh Circuit Case Nos.15-1672 and 15-3418. This resolution authorizes the appropriation of  up to Nine Hundred and Sixty-Eight Thousand, Three Hundred and Thirty-One and 75/100 dollars ($968,331.75) from the 2016 Common Council Contingent Fund for payment of judgment, interest and court-mediated settlement of attorney’s fees, costs and expenses regarding litigation entitled Six Star Holdings, LLC and Ferol, LLC v. City of Milwaukee, Case No. 10C893 in the United States District Court for the Eastern District of Wisconsin and in the United States Court of Appeals for the Seventh Circuit Case Nos.15-1672 and 15-3418.

Body

Whereas, Common Council File No. 160292, authorizes payment of the judgment and  settlement of the litigation for  Six Star Holdings, LLC and Ferol, LLC v. City of Milwaukee, Case No. 10C893 in the United States District Court for the Eastern District of Wisconsin and in the United States Court of Appeals for the Seventh Circuit Case Nos.15-1672 and 15-3418; and

 

Whereas, The $968,331.75 amount exceeds the available balance in the damages and claims fund special purpose account (001-1490-S118-006300); and

 

Whereas, The 2016 budget of the City of Milwaukee authorized a Common Council Contingent Fund for purposes not contemplated at the time the budget was adopted; and

 

Whereas, The city desires to use $968,331.75 of the 2016 Common Council Contingent Fund to fund the judgment, interest and mediated settlement of attorney’s fees, costs and expenses of the plaintiffs; now therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that up to $968,331.75 of the 2016 Common Council Contingent Fund is authorized to be used to fund judgment, interest and court-mediated settlement of attorney’s fees, costs and expenses in the lawsuit; and, be it

 

Further  Resolved, That the proper city officers are authorized to make the necessary transfers to the appropriate accounts or funds to disperse the settlement amount.

 

Requestor

City Attorney

Drafter

Adam Stephens/Willie Taylor

June 9, 2016

1081-2010-2885/229183