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JANUARY 24, 2012 12-12 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) (d), and rescission of the tax due is appropriate:
Michaels Auto Sales
1231 N. Sawyer Street
Oshkosh, WI 54902
(ID #014380000) $93.25
Borchardt Construction
th
1022 W. 9 Avenue
Oshkosh, WI 54902
(ID #014000000) $468.95
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 $562.20.
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
HKO%H 920) 236- 006490
O.I (920) 236 -5039 FAX
ON THE WATER
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Peggy Steeno, Finance Director
DATE: January 24, 2012
RE: Authorize Rescission of 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 is currently one property that has been incorrectly charged for the current tax year (2011) and one
property that has been incorrectly charged for the current tax year (2011) and the past tax year (2010).
Therefore, the amount of taxes that were overcharged needs to be rescinded. The Assessor's staff
verified that neither of the properties in question were doing business in Oshkosh during the applicable
time period.
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 014380000 / Michaels Auto Sales / 1231 N. Sawyer Street - $93.25 — (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 2011; 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 014000000 / Borchardt Construction / 1022 W. 9th Avenue - $468.95 — (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 2010 or 2011; 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.
Res ectfully Submitted,
Peggy Steeno
Finance Director
Approved:
f�
Mark fhloff
City Manager