HomeMy WebLinkAbout13. 13-260MAY 28, 2013 13 -260 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE PARTIAL RESCISSION OF PROPERTY TAXES FOR
2830 ATLAS AVENUE
INITIATED BY: DEPARTMENT OF FINANCE
WHEREAS, the following property taxes were assessed improperly, per Wisconsin
State Statutes 74.37 (3), and rescission of a portion of the tax due is appropriate:
Dowling Investments Atlas LLC
2830 Atlas Avenue
Oshkosh, WI 54904
(I D #1329200200) $3,314.48
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 and
refund the sum of $3,314.48, plus statutory interest.
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:
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City of Oshkosh
Finance Department
215 Church Ave., PO Box 1130
QIHKQIH Oshkosh, WI 54903 -1130
ON THE WATER (920) 236 -5006 (920) 236 -5039 FAX
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Peggy Steeno, Finance Director
DATE: May 28, 2013
RE: Authorize Partial Rescission of Property Taxes
BACKGROUND
Per Wisconsin State Statutes, the removal of Property Taxes needs to be authorized by the Common
Council. Statutes enumerate specific conditions under which a rescission is appropriate / necessary.
There is currently one property that, due to a court order, has been incorrectly charged for the 2008
tax year. Therefore, the taxes that were overcharged need to be rescinded and refunded, and statutory
interest is to be paid per the judgment rendered.
ANALYSIS
Below are the details and reason that this property is being presented for partial rescission. In
addition, the specific condition as outlined by State Statutes is included:
Parcel 13292002001 Dowling Investments Atlas LLC / 2830 Atlas Avenue - $3,314.48, plus
statutory interest — (State Statute 74.37 (3) — Claim on Excessive Assessment) — As noted above, this
partial rescission is the result of a court order that reduced the value of the property for the 2008 tax
year only. This was due to partial completion of a building project on the property as of 11112008.
FISCAL IMPACT
The impact of the above rescission is likely a bad debt expense for the City. While we will notify the
Department of Revenue (DOR) of the rescission, and ask to have this considered as an adjustment to
our equalized value for the following year to account for the difference, this is not likely due to the
adjustment being from the 2008 tax year.
RECOMMENDATION
Staff recommends that Council authorize this resolution to rescind and refund the above noted taxes
as outlined.
R pectfully Submitted,
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Peggy Steeno
Finance Director
Approved:
ark Rohloff
City Manager