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HomeMy WebLinkAbout13. 14-313 JULY 8, 2014 14-313 RESOLUTION (CARRIED ___7-0___ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: PARTIAL ALLOWANCE OF CLAIM / REFUND OF PROPERTY TAXES FOR 2012 AND 2013 / PARTIAL RESCISSION OF PROPERTY TAXES / HOFFMASTER GROUP FOR PROPERTY LOCATED AT 2920 NORTH MAIN STREET INITIATED BY: CITY ADMINISTRATION WHEREAS, the Department of Revenue is responsible for assessing manufacturing properties within the State of Wisconsin; and WHEREAS, Hoffmaster Group challenged the assessments established by the Department for Revenue for its property located at 2920 North Main Street in the City of Oshkosh for the years 2011-2014; and WHEREAS, the Hoffmaster Group and the Department of Revenue have entered into a settlement agreement relating to the valuation of this property which has been approved by the Wisconsin Tax Appeals Commission which maintains the assessment for 2011 and reduces the assessment for 2012, 2013 and 2014; and WHEREAS, the property owner has paid all taxes currently due on the property and otherwise has complied with all legal requirements pertaining to this claim. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a change in the property taxes for the property located at 2920 North Main Street has been made, in part, per Wisconsin Statutes section 70.511, and a partial allowance of claim, refund and partial rescission of taxes due is appropriate: Hoffmaster Group LLC 2920 North Main Street Oshkosh, WI 5490 Property ID #191519600600 Partial Reduction 2012: $ 40,164.29 Partial Reduction 2013: $ 27,230.47 Rescission/Refund: $ 67,394.76 BE IT FURTHER RESOLVED that the assessment for 2014 be set at $6,500,000. 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. CITY HALL 215 Church Avenue P.O.Box 1130 Oshkosh,Wisconsin City of Oshkosh 54903-1130 O.JHKO/H TO: Honorable Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: July 1, 2014 RE: Approve Partial Rescission of Property Taxes for 2012-2013 and Amendment of Assessment Roll for 2014 / Hoffmaster Group / 2920 N. Main Street BACKGROUND The Department of Revenue is responsible for the assessment of manufacturing properties within State of Wisconsin. Hoffmaster Group challenged the assessments the State had placed upon their property located at 2920 North Main Street in the City of Oshkosh for the years 2011-2014. ANALYSIS The Department of Revenue represented the taxing jurisdictions in the appeal and the Wisconsin Tax Appeals Commission has approved a Settlement Agreement and Stipulation that maintained the assessed value for 2011, and reduced the assessment for 2012 and 2013. The settlement agreement stipulates that there is no interest on the amounts due. In addition, the settlement agreement established the 2014 value and stipulated that the 2014 value may not be further appealed. Attached to this memorandum is a chart showing the difference in taxes and amounts to be charged back to the various taxing entities. While a stipulation and settlement has been agreed to, we are bringing this matter before the Council to bring the City's records into conformity with the stipulation and to formally authorize the chargeback of amounts to the other taxing jurisdictions. FISCAL IMPACT The fiscal impact of the circuit court decision is that the City will have to refund $67,394.76 in taxes that had been paid. The City will chargeback to other taxing jurisdictions their share of the refunded amount as permitted by sec. 74.41 of the Wisconsin Statutes. RECOMMENDATION It is recommended that the Council approve the proposed resolution implementing the settlement agreement for the property owned by the Hoffmaster Group at 2920 North Main Street. Res•ectfully Submitted, Approved: 440110'4% ....gage& A( ROViltrWe Lynn A. Lorenson Mark A. 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