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HomeMy WebLinkAbout10-23JANUARY 26, 2010 10 -23 RESOLUTION (CARRIED 7 -0 LOST LAID OVER PURPOSE: RESCIND PROPERTY TAXES INITIATED BY: DEPARTMENT OF FINANCE WITHDRAWN ) WHEREAS, the following property taxes were assessed improperly, per Wisconsin State Statutes 74.33 (1) (a), and rescission of the tax due is appropriate: Michael J. Butler 2711 Aviation Court Oshkosh, WI 54901 (ID #1413530054) $292.52 WHEREAS, the following property taxes were assessed improperly, per Wisconsin State Statutes 74.33 (1) (d), and rescission of the tax due is appropriate: Showcase Custom Homes Inc 2755 Algoma Blvd. Oshkosh, WI 54901 (Personal Property ID #126770000) $1,016.96 Angeltone Electronics c/o Ken Lyons 1004 Oregon Street Oshkosh, WI 54901 (Personal Property ID #076810000) $41.13 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City Officials are hereby authorized and directed to rescind the sum of $1,350.61. BE IT FURTHER RESOLVED that the proper City Officials are authorized and directed to seek compensation from the other taxing entities per Wisconsin State Statutes 74.41. Funds for this purpose are appropriated from: Account No. 100- 0908 - 6469 -00000 — Tax Refund Account City of Oshkosh Finance Department 215 Church Ave., PO Box 1130 Oshkosh, WI 54903 -1130 01HKQlH (920) 236 -5080 (920) 236 -5039 FAX ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Peggy Steeno, Finance Director DATE: January 21, 2010 RE: Authorize Rescission of Personal Property and Real Estate Taxes BACKGROUND Per Wisconsin State Statutes, the removal of Property Taxes needs to be authorized by the Common Council. Statutes enumerate six specific conditions under which a rescission is appropriate / necessary. There are currently three properties that have been incorrectly charged for the current tax year (2009), and, therefore, the amounts overcharged need to be rescinded and refunded. The Assessor's staff verified that two of the businesses in question were not doing business in Oshkosh during this time period, and that the other property was graded incorrectly in the assessment system. ANALYSIS Below are the details and reasons that each of these is being presented for rescission. In addition, the specific condition as outlined by State Statutes is included: Parcel 1413530054 / Michael J. Butler / 2711 Aviation Court - $292.52 — ( State Statute 74.33 (a) — A clerical error has been made in the description of the property or in the computation of the tax) — An error was discovered in the description of this property. It was graded at a higher level than actual in the assessment system. This has been verified by the Assessor's office and the correction has been made. Personal Property 126770000 / Showcase Custom Homes Inc / 2755 Algoma Blvd. - $1,016.96 — (State Statute 74.33 (d) — The property was not located in the taxation district for which the tax roll was prepared) — This business was not operating in the City of Oshkosh during the year 2009; however, the City was not notified. Therefore, our records were not correct. This has been verified by the Assessor's office and the correction has been made. Personal Property 076810000 / Angeltone Electronics c/o Ken Lyons / 1004 Oregon Street - $41.13 — (State Statute 74.33 (d) — The property was not located in the taxation district for which the tax roll was prepared) — This business was not operating in the City of Oshkosh during the year 2009; however, the City was not notified. Therefore, our records were not correct. This has been verified by the Assessor's office and the correction has been made. FISCAL IMPACT The impact of the above rescissions is short term only, since, in the year that the taxes are rescinded, the City notifies the Department of Revenue (DOR) of the rescissions, and the DOR adjusts the equalized value for the following year to account for the difference. These adjustments are built into the tax rate for all taxing authorities for the following year. RECOMMENDATION Staff recommends that Council authorize this resolution to rescind and refund the above noted taxes as outlined. Respectfully Submitted, Peggy Steeno Finance Director Approved: Mark Rohloff City Manager