Agenda

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ARF- 2574

Regular Agenda Item 4. R.

Regular BOS Meeting

Meeting Date:	06/24/2014
Submitted For:	Bryan Chambers
Submitted By:	Bryan Chambers, Deputy Attorney Principal, County Attorney
Department:	County Attorney
Fiscal Year:	Tax Years 2012, 2013, and 2014	Budgeted?:	Yes
Contract Dates Begin & End:	Tax Years 2012, 2013, and 2014	Grant?:	No
Matching Requirement?:	No	Fund?:	Renewal

Information

Request/Subject

Proposed Stipulated Judgments in three Tax appeals regarding Rim Country Express LLC. (TX 2011-000854, TX 2012-000780, and TX 2013-000666.)

Background Information

Rim Country Express LLC has filed property tax appeals for tax years 2011, 2012, and 2013 regarding a parcel it owns in Gila County. Rim Country Express and the Gila County Assessor's Office have negotiated a proposed settlement of those appeals. The Board of Supervisors must approve any settlement of the lawsuits.

Evaluation

The proposed stipulated judgments would resolve the three pending lawsuits.

Conclusion

The Board may choose to accept the proposed stipulated judgments, reject them or propose other terms. If there is no settlement, the dispute would be resolved by trial in tax court.

The Board may vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) for legal advice and pursuant to A.R.S. § 38-431.03(A)(4) to instruct its attorneys regarding its position in settlement discussions.

Recommendation

The County Attorney recommends that the Board consider the proposed stipulated settlements and determine whether to accept them, reject them, or suggest other terms.

Suggested Motion

Information/Discussion/Action to approve Stipulated Judgments in Rim Country Express LLC. v. Gila County, TX 2011-000854, TX 2012-000780, and TX 2013-000666. Pursuant to A.R.S. § 38-431.03(A)(3) the Board may vote to go into executive session to receive legal advice from its attorney. Pursuant to A.R.S. § 38-431.03(A)(4) the Board may vote to go into executive session in order to consider its position and instruct its attorneys regarding the Board’s position in settlement discussion to resolve the lawsuit.
(Bryan Chambers)

Attachments
2013 Judgment
2012 Judgment
2011 Judgment