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AGENDA ITEM REVIEW FORM |
3.A.
Special City Council Meeting
- Meeting Date:
- 09/20/2017
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
ITEM:
Discussion and possible action on any and all matters regarding the matter of the appeal of APS vs. City of San Luis in the Arizona Tax Case. (Glenn J. Gimbut, Assistant City Attorney)
SUMMARY:
An Arizona court case has ruled that a decision to appeal must be made in open session in order for an appeal in a court case to be authorized by the governing body. (The case is attached, Johnson v. Tempe Elementary School Dist. No. 3 Governing Bd.)
The appellate court ruled on the motion for reconsideration on September 14, 2017. The rules allow only 15 days to petition to the Supreme Court of Arizona. Legal advice has been provided in the prior agenda item.
This agenda item is for Council to decide whether to appeal.
The appellate court ruled on the motion for reconsideration on September 14, 2017. The rules allow only 15 days to petition to the Supreme Court of Arizona. Legal advice has been provided in the prior agenda item.
This agenda item is for Council to decide whether to appeal.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO AUTHORIZE AND DIRECT THE PROSECUTION OF PETITION TO THE ARIZONA SUPREME COURT ON THE ARIZONA DIVISION ONE COURT OF APPEALS DECISION AGAINST THE CITY OF SAN LUIS IN A.P.S. VERSUS THE CITY OF SAN LUIS CASE NO. 1 CA-TX 16-0009, AND TO ENGAGE FENNEMORE CRAIG LAW FIRM TO DO SO PURSUANT TO THE AGREEMENT PREVIOUSLY MADE.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- No
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- Contingencies
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
Possible fiscal impacts were discussed in executive session.