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AGENDA ITEM REVIEW FORM |
4.D.
Regular City Council Meeting
- Meeting Date:
- 06/08/2016
- 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 Court Case Number TX 2014-000404. (Kay Marion Macuil, City Attorney)
SUMMARY:
City Council met in executive session on March 23, 2016 to be advised by the City Attorney and the litigation attorney Andrew Federhar of Fennemore and Craig regarding the litigation involving APS's unpaid taxes to the City of San Luis. Council gave instruction to the City Attorney as is permitted under the Open Meeting Law A.R.S. §38-431.03(A)(3). (The Agenda from March 23, 2016 is attached).
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 last matter to be decided in the lower court issued on June 3, 2016 and Mr. Federhar is ready to appeal. Because this item was discussed on March 23, 2016, this item is on the consent agenda for a decision in open meeting for appeal.
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 last matter to be decided in the lower court issued on June 3, 2016 and Mr. Federhar is ready to appeal. Because this item was discussed on March 23, 2016, this item is on the consent agenda for a decision in open meeting for appeal.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO AUTHORIZE AND DIRECT THE PROSECUTION OF AN APPEAL FROM THE JUDGMENT AGAINST THE CITY OF SAN LUIS IN CASE NO. TX 2014-000404 SUPERIOR COURT OF THE STATE OF ARIZONA IN THE ARIZONA TAX COURT, TO DEFEND AGAINST ANY APPEAL FROM JUDGMENTS OR DECISIONS IN FAVOR OF THE CITY, 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:
- NO
- AVAILABLE TO TRANSFER:
- Yes
- GL ACCT # & NAME/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.