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HomeMy WebLinkAbout10-408DECEMBER 28, 2010 10 -408 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: RESCIND PROPERTY TAXES INITIATED BY: DEPARTMENT OF FINANCE WHEREAS, the following property taxes were assessed improperly, per Wisconsin State Statutes 74.33 (1) (b), and rescission of the tax due is appropriate: Randall D Syvrud 316 W 8 Avenue Oshkosh, WI 54902 (I D #0902940000) $1,331.40 Colin J Long & Margaret A Knox 1106 Merritt Avenue Oshkosh, WI 54901 (I D #1103610000) $3,965.46 WHEREAS, the following property taxes were assessed improperly, per Wisconsin State Statutes 74.33 (1) (d), and rescission of the tax due is appropriate: Mystic Imports LLC 703 N Main Street Oshkosh, WI 54901 (I D #200411000) $71.83 First American Engineered Solutions 136 Jackson Street, Suite C Oshkosh, WI 54901 (I D #034480000) $1,367.32 WHEREAS, the following property taxes were assessed improperly, per Wisconsin State Statutes 74.33 (1) (e), and rescission of the tax due is appropriate: Green & Gold Enterprises 710 W Murdock Avenue Oshkosh, WI 54901 (I D #0467500000) $775.85 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 $7,511.86. 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: City of Oshkosh Finance Department 215 Church Ave., PO Box 1130 Oshkosh, WI 54903 -1130 OlHKOIH (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: December 28, 2010 RE: Authorize Rescission of Real Estate and Personal Property 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 five properties that have been incorrectly charged for the current tax year (2010), and, therefore, the amounts overcharged need to be rescinded and refunded. The Assessor's staff verified that two of the properties in question were overvalued due to fires at the properties, two properties that were not doing business in Oshkosh during this time period, and one property was over assessed. 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 0902940000 / Randall D Syvrud / 316 W 8 th Avenue - $1,331.40 — (State Statute 74.33 (b) — The assessment included real property improvements that did not exist on the assessment date) — Due to a fire at the property in 2009, the value of the property was reduced, however the updated information did not get entered into the assessment system. Therefore, our records were not correct. This has been verified by the Assessor's office and the correction has been made. Parcel 1103610000 / Colin J Long & Margaret A Know / 1106 Merritt Avenue - $3,965.46 — (State Statute 74.33 (b) — The assessment included real property improvements that did not exist on the assessment date) — Due to a fire at the property in 2009, the value of the property was reduced, however the updated information did not get entered into the assessment system. Therefore, our records were not correct. This has been verified by the Assessor's office and the correction has been made. Personal Property 200411000 / Mystic Imports LLC / 703 N Main Street - $71.83 — (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 2010; 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 034480000 / First American Engineered Solutions / 136 Jackson Street, Suite C - $1,367.32 — (State Statute 74.33 (d) — The property was not located in the taxation districtfor which the tax roll was prepared) — All personal property owned by this business was removed from the premises in February of 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 046750000 / Green & Gold Enterprises / 710 W Murdock Avenue - S775.85 — (State Statute 74.33 (e) — A double assessment has been made) — Leased equipment was included in the assessed value for both the renter and the property owner, and was double counted. 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 Finance Director Approved: Mark Rohloff City Manager