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File #: 081719    Version: 0
Type: Resolution-Immediate Adoption Status: Passed
File created: 4/14/2009 In control: COMMON COUNCIL
On agenda: Final action: 4/14/2009
Effective date:    
Title: Resolution authorizing the Commissioner of Health to approve expenditures of funds from an escrow account held by the United States for purposes related to the city’s lead abatement program.
Sponsors: ALD. DONOVAN
Indexes: HEALTH DEPARTMENT, LEAD ABATEMENT, LITIGATION
Attachments: 1. Affidavit from Health Department.pdf, 2. Order for Civil Contempt - Sherard.pdf
Number
081719
Version
ORIGINAL
Reference

Sponsor
ALD. DONOVAN
Title
Resolution authorizing the Commissioner of Health to approve expenditures of funds from an escrow account held by the United States for purposes related to the city’s lead abatement program.
Analysis
The United States Attorney for the Eastern District of Wisconsin has requested that the Health Commissioner provide assistance in disbursing monies from an escrow account to be held and administered by the United States for purposes of lead-based paint risk assessment and abatement. The Commissioner has been asked to provide direction to the United States Attorney, or his or her designee, related to the amounts to be paid and the parties to be paid for lead assessment and abatement purposes at City residential properties that are the subject of a law suit brought by the United States against Will J. Sherard and W. J. Sherard Realty Company (defendants). Funds to be placed in escrow are related to penalties for continuing violation by the defendants of a Civil Contempt Order.

The Health Department may be entitled to payment in connection with escrow-related activities and lead-based paint hazard risk assessment and abatement of the subject properties.

This resolution authorizes the Commissioner of Health to provide direction to the United States Attorney relating to the proposed escrow account. The resolution further provides that the Commissioner may accept payments from escrow. The resolution does not authorize an expenditure. Expenditures may be authorized by separate resolution.
Body
Whereas, The United States Attorney for the Eastern District of Wisconsin brought legal action against Will J. Sherard and W. J. Sherard Realty Company (defendants) in Case No. 05-C-0486 in the United States District Court seeking to compel the defendants to abate lead-based paint hazards on approximately 40 residential properties located in the City of Milwaukee; and

Whereas, A Consent Decree was en...

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