City of Madison, Wisconsin | Legislative Information Center
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File #: 63725    Version: 1 Name:
Type: Resolution Status: Passed
File created: 1/12/2021 In control: Assessor's Office
On agenda: 2/2/2021 Final action: 2/2/2021
Enactment date: 2/4/2021 Enactment #: RES-21-00112
Title: Amending the 2021 Adopted Operating Budget for the Assessor to transfer $35,000 from Direct Appropriation’s Contingent Reserve in the General Fund to Assessor’s purchased services budget and authorizing the City to retain special outside counsel on a non-competitive basis to assist the City Attorney in representing the City’s interests in property tax litigation with Section 42 housing developments challenging their 2019 real property tax assessments.
Sponsors: Satya V. Rhodes-Conway
Attachments: 1. resolution for Boardman for section 42 2019 litigation final.pdf, 2. Boardman & Clark LLP - Non-Competitive Selection Request - January 2021.pdf
Fiscal Note
The proposed resolution amends the 2021 Adopted Operating Budget for the Assessor and Direct Appropriations and authorizes the City to retain special outside counsel on a non-competitive basis to assist in representing the City of Madison in property tax litigation for tax year 2019. Specifically, Madison East Partnership, LLC, 8 Twenty Park LLC and Mirus Madison, LLC have filed suit for excessive assessment for tax year 2019 for their Section 42 properties. The proposed resolution authorizes $35,000 for these legal services from Boardman & Clark, LLP and Attorneys Michael P. May and Kate Harrell. These legal services will be funded by the City’s Contingent Reserve, which will have an available budget of $1.685 million following the adoption of this resolution.
Title
Amending the 2021 Adopted Operating Budget for the Assessor to transfer $35,000 from Direct Appropriation’s Contingent Reserve in the General Fund to Assessor’s purchased services budget and authorizing the City to retain special outside counsel on a non-competitive basis to assist the City Attorney in representing the City’s interests in property tax litigation with Section 42 housing developments challenging their 2019 real property tax assessments.
Body
WHEREAS, City staff is currently negotiating a letter of engagement with Boardman & Clark, LLP to assist in representing the City’s interests in the excessive assessment lawsuits commenced by Section 42 properties; and,
WHEREAS, WWMIC has asserted policy exclusions which it claims exclude any coverage for any damages that might ultimately be awarded in the litigations; and,
WHEREAS, the City will be proceeding with all three litigations; and,
WHEREAS, under MGO § 4.26(4)(a)(3), the City may retain legal services of an attorney without competitive bids,
NOW, THEREFORE, BE IT RESOLVED that the 2021 Adopted Operating Budget is amended to transfer $35,000 from the Contingent Reserve in Direct Appropriations to the Assessor’s purchased s...

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