Consent 2.
Regular Board of Supervisors Meeting
County Attorney
- Meeting Date:
- 02/28/2017
- Title:
- Approve proposed settlement of a tax appeal
- Submitted By:
- Sue Blanchard, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature NOT Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
0
NAME
of PRESENTER:
of PRESENTER:
N/A
TITLE
of PRESENTER:
of PRESENTER:
N/A
Docket Number (If applicable):
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve the proposed settlement of the Tax Appeal in Phillip L. Weeks and Elizabeth L. Weeks, v. Cochise County, ST2016-000179 (Assessor parcel Nos. 102-01-012 and 102-01-013C), now pending in Arizona Tax Court, a division of the Superior Court of and for Maricopa County.
Background:
Taxpayers filed a civil action in Arizona Tax Court, seeking a change in classification and a reduction in assessed value for parcel numbers 102-01-012 and 102-01-013C for tax year 2017. After inspecting the property, reviewing the taxpayer’s documentation and other market factors/comparables, the Assessor agrees that the parcels’ classifications and values for Tax Year 2017 should be changed and lowered. The Assessor recommended a settlement offer as follows:
For parcel 102-01-012, a classification change from Mixed Residential/Vacant to Agricultural - AG with the legal class of mixed use M 04/02 remaining unchanged, an assessment ratio change from 11.2% to 10%, and a reduction in the full cash value from $87,153 to $55,353 and a reduction in the limited property value from $85,925 to $54,450.
For parcel 102-01-013C, a classification change from Vacant to Agricultural – AG with the legal class of 02 and the assessment ratio of 15% remaining unchanged, and a reduction in the full cash value from $121,212 to $500 and a reduction in the limited property value from $120,360 to $488.
The taxpayer has accepted the settlement offer.
Fiscal Impact & Funding Sources: Not applicable, no funding sources are required. Fiscal impact will be a slight reduction in the tax base.
For parcel 102-01-012, a classification change from Mixed Residential/Vacant to Agricultural - AG with the legal class of mixed use M 04/02 remaining unchanged, an assessment ratio change from 11.2% to 10%, and a reduction in the full cash value from $87,153 to $55,353 and a reduction in the limited property value from $85,925 to $54,450.
For parcel 102-01-013C, a classification change from Vacant to Agricultural – AG with the legal class of 02 and the assessment ratio of 15% remaining unchanged, and a reduction in the full cash value from $121,212 to $500 and a reduction in the limited property value from $120,360 to $488.
The taxpayer has accepted the settlement offer.
Fiscal Impact & Funding Sources: Not applicable, no funding sources are required. Fiscal impact will be a slight reduction in the tax base.
Department's Next Steps (if approved):
Upon approval by the Board, Counsel for the County will sign a stipulation for entry of Judgment that has already been signed by the taxpayer, and will submit a form of Judgment to the Arizona Tax Court disposing of this matter pursuant to the settlement terms.
Impact of NOT Approving/Alternatives:
Additional litigation for the County, with the risk that the Arizona Tax Court may rule in the taxpayers’ favor, reducing the assessed value of the subject property even more and subjecting the County to paying the Plaintiffs’ fees and costs.
To BOS Staff: Document Disposition/Follow-Up:
Advise County Attorney's Office - Civil Division upon Board's approval.
Attachments
No file(s) attached.