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File #: 70915    Version: 1 Name: Tax Assessment Special Counsel
Type: Resolution Status: Passed
File created: 4/12/2022 In control: Attorney's Office
On agenda: 5/10/2022 Final action: 5/10/2022
Enactment date: 5/13/2022 Enactment #: RES-22-00349
Title: Amending the 2022 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 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 which are challenging their 2020 real property tax assessments.
Sponsors: Satya V. Rhodes-Conway
Fiscal Note
The proposed resolution amends the 2022 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 2020. Specifically, Lots 2 and 3, LLC, Madison on Broadway, LLC, 301 South Ingersoll, LLC, City Row Apartments, LLC , 1000 Mifflin Street, LLC and 709 Segoe, LLC have filed suit for excessive assessment for tax year 2020 for their Section 42 properties. The proposed resolution authorizes $35,000 for these legal services from Boardman & Clark, LLP. These legal services will be funded by the City’s Contingent Reserve, which will have an available budget of $1.78m following the adoption of this Resolution.
Title
Amending the 2022 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 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 which are challenging their 2020 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 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 2022 Adopted Operating Budget is amended to transfer $35,000 from the Contingent Reserve in Direct Appropriations to the Assessor’s pur...

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