W.C. Stewart Construction v. Dubuque Regional Airport & City of Dubuque Copyright 2014
City of Dubuque Consent Items # 18.
ITEM TITLE: W.C. Stewart Construction v. Dubuque Regional Airport&
City of Dubuque
SUMMARY: City Manager recommending approval of a resolution which
authorizes the City Manager to arrange for payment on the
best terms and conditions possible in the case of W.C.
Stewart Construction, Inc. v. Dubuque Regional Airport,
Dubuque Regional Airport Commission, and the City of
Dubuque.
RESOLUTION Authorizing the City Manager to pay the
judgment against the City for the benefit of W.C. Steward
Construction, Inc. and negotiate the terms and conditions of
payment.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Judgment for WC Stewart Construction-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Judgment Confirming Arbitration Award Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: W.C. Stewart Construction, Inc. vs. Dubuque Regional Airport, Dubuque
Regional Airport Commission, and the City of Dubuque
DATE: November 2, 2016
A Judgment was entered by the Court on October 5, 2016 in favor of W.C. Stewart
Construction, Inc. and against the Dubuque Regional Airport, Dubuque Regional Airport
Commission and the City of Dubuque
City Attorney Crenna Brumwell recommends City Council approval of a resolution which
authorizes the City Manager to arrange for payment on the best terms and conditions
possible for the City.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
vA/L-A-k—
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB-�6 E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: November 2, 2016
RE: W.C. Stewart Construction, Inc. vs. Dubuque Regional Airport, Dubuque
Regional Airport Commission, and the City of Dubuque
Attached is the judgment entered by the Court on October 5, 2016 against the Dubuque
Regional Airport, Dubuque Regional Airport Commission, and the City of Dubuque. To
facilitate payment I have prepared a resolution for City Council approval which
authorizes the City Manager to arrange for payment on the best terms and conditions
possible for the City.
Thank you.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)589-4381 /FAX (563)583-1040/EMAIL cbrumwel@cityofdubuque.org
Preparer: Crenna M. Brumwell Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583-4113
Return to: Crenna M. Brumwell Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583-4113
RESOLUTION NO. 375-16
AUTHORIZING THE CITY MANAGER TO PAY THE JUDGMENT AGAINST THE
CITY FOR THE BENEFIT OF W.C. STEWART CONSTRUCTION, INC. AND
NEGOTIATE THE TERMS AND CONDITIONS OF PAYMENT.
Whereas, a judgment, which is attached, was entered on October 5, 2016
against the City of Dubuque for the benefit of W.C. Stewart Construction, Inc., and
Whereas, the City needs to pay the judgment, and
Whereas, the City Council desires the City Manager arrange for payment of the
judgment with the best terms and conditions for the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council hereby authorizes and directs the City Manager to
arrange for payment of the judgment to W.C. Stewart Construction and negotiate the
terms and conditions of said payment.
Passed, approved and adopted this 7th day of November, 2016
a Z,,/
Roy D. Bu Mayor
Attest:
Kevin irnstahl, City erk
E-FILED 2016 OCT 05 3:57 PM DUBUQUE - CLERK OF DISTRICT COURT
Iowa District Courtin and for Dubuque County
W.C. Stewart Construction, Inc.,
Plaintiff, Case No. LACV058388
vs. ORDER PURSUANT TO 9 U.S.C. § 9
ENTERING JUDGMENT
Dubuque Regional Airport; Dubuque CONFIRMING THE ARBITRATION
Regional Airport Commission; and the City AWARD RE: W.C. STEWART
of Dubuque, CONSTRUCTION, INC. AND
DUBUQUE REGIONAL AIRPORT;
Defendants. DUBUQUE REGIONAL AIRPORT
COMMISSION, AND THE CITY OF
DUBUQUE
Pursuant to 9 U.S.C. § 9 and Iowa Code §679A.11 , W.C. Stewart Construction,
Inc., filed a Motion to Confirm the Award re W.C. Stewart Construction, Inc. and
Dubuque Regional Airport, Dubuque Regional Airport Commission, and the City of
Dubuque. On August 25, 2016, the Court held a hearing to determine whether or not
judgment could be entered prior to the expiration of the 90-day period Defendants had to
challenge the award. Since the period has now expired, that issue is moot.
IT IS HEREBY ORDERED AND ADJUDGED THAT:
Pursuant to 9 U.S.C. § 9, this Court enters this Order confirming the Award re W.C.
Stewart Construction, Inc. and Dubuque Regional Airport, Dubuque Regional Airport
Commission, and the City of Dubuque dated July 6, 2016, filed as Exhibit 3 to the Motion
to Confirm the Arbitration Award and incorporated by this reference into this Order.
Judgment is entered in favor of W.C. Stewart Construction, Inc., and against
Dubuque Regional Airport, Dubuque Regional Airport Commission, and the City of
Dubuque,jointly and severally, in the amount of one million five hundred fifty-four
thousand six hundred fifty-five dollars and sixty cents ($1,554,655.60).
E-FILED 2016 OCT 05 3:57 PM DUBUQUE - CLERK OF DISTRICT COURT
Interest shall accrue at the rate of five percent(5%) from the date of July 6, 2016,
until the date of the entry of this judgment. Interest shall accrue from the date of the entry
of this judgment at the rate of 2.59% as provided by Iowa Code§§535.3 and 668.13.
E-FILED 2016 OCT 05 3:57 PM DUBUQUE - CLERK OF DISTRICT COURT
I i
e
State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
LACV058388 E ATNP WC STEWART CONST V DUBUQUE REGIONAL
AIRPORT ET AL
So Ordered
f Ajz�,
Michael J.Shubatt,District Court Judge,
First Judicial District of Iowa
Electronically signed on 2016-10-0515:57:37 page 3of3