powered help
header-left header-center header-right
File #: 170513    Version: 0
Type: Resolution Status: Passed
File created: 7/11/2017 In control: COMMON COUNCIL
On agenda: Final action: 7/31/2017
Effective date:    
Title: Resolution authorizing settlement of claims in the lawsuit entitled Bay Development Co., LLC v. City of Milwaukee for the total amount of $9,555.26.
Sponsors: THE CHAIR
Indexes: CLAIMS PAYMENT
Attachments: 1. Fiscal Impact Statement.pdf, 2. Settlement Agreement - Bay Development -final.pdf, 3. Letter to Common Council

Number

170513

Version

ORIGINAL

 

Reference

 

Sponsor

THE CHAIR

Title

Resolution authorizing settlement of claims in the lawsuit entitled Bay Development Co., LLC v. City of Milwaukee for the total amount of $9,555.26.

Analysis

This resolution authorizes settlement of claims raised by the Plaintiff, Bay Development Co., LLC, in the lawsuit entitled Bay Development Co., LLC v. City of Milwaukee, Milwaukee County Case No. 2016-CV-4612. 

Body

 

Whereas, The plaintiff filed a lawsuit against the City entitled Bay Development Co., LLC v. City of Milwaukee, Milwaukee County Case No. 2016-CV-4612, for the partial refund of property tax assessments previously paid, on the basis that its 2015 and 2016 property tax assessments were excessive; and

 

Whereas, The parties conducted a mediation before Stan Riffle on June 9, 2017, and Plaintiff has agreed to settle the claims raised in the above-referenced lawsuit for the total amount of $9,555.26; and

 

Whereas, The City Attorney recommends that the City of Milwaukee settle this lawsuit now; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, the City Attorney is authorized to enter into a settlement agreement between the City of Milwaukee and the Plaintiff referred to herein and to execute and approve all documents and take all action necessary to carry out the terms and conditions of said agreement; and, be it

 

Further Resolved, That in compliance with the City Attorney’s direction, the proper City officers be and hereby are authorized and directed to issue a City check, as soon as practicable in full and final settlement of the claims as outlined in the above-referenced lawsuit, to be charged to the Remission of Taxes Fund Special Purpose Account No. 001-9900-S163-006300, the sum of $9,555.26 made payable to the Trust Account of von Briesen & Roper, s.c. in final settlement of this lawsuit; and be it

 

Further Resolved, That for and in consideration of the above-referenced payment, the Plaintiff will provide to the City a release of claims and a stipulation and proposed order to dismiss the claims raised in the pending court action.

 

Requestor

City Attorney

Drafter

Hannah R. Jahn

June ___, 2017

 

Techncial correction made to account string -- James R. Owczarski -- 8/20/17