Resolution No. 366

Supervisor ARGOTSINGER offered the following Resolution and moved its adoption:

RESOLUTION AUTHORIZING COUNTY PARTICIPATION IN THE LEGAL DEFENSE OF CERTAIN ASSESSMENT REDUCTION ACTIONS BY WALMART CORPORATION WITHIN THE CITY OF JOHNSTOWN

WHEREAS, Resolution 293 of 2013 established a policy for County participation in the legal defense of real property tax assessments; and

WHEREAS, said policy specifies that the County will consider participation in the defense of challenges to real property tax assessments under the following conditions:

  1. The legal challenge is made to an assessment for a tax parcel or combination of tax parcels with an aggregate full market value of $500,000.00 or more;
  2. Taxing jurisdictions other than the County with interests in the challenged assessment participate meaningfully in the legal defense of the assessment;
  3. The County’s participation does not exceed an amount or to an extent that represents its proportional interest as reflected by the full value tax rate; and
  4. The Board determines that participation is in the best interests of the County and affirmatively acts by resolution to participate.

and

WHEREAS, the County Treasurer recommends County participation in the legal defense of the following assessment reduction actions that meet the above criteria:

City of Johnstown - Wal-Mart Distribution Center
300 Enterprise Road (SBL 174.17-1-1)
(Requested assessment reduction: $39,500,000.00 to $15,360,000.00)

Venture Drive (Vacant Lot) (SBL 185.5-1-2)
(Requested assessment reduction: $369,500.00 to $144,000.00)

Off Enterprise Road (SBL 173.20-1-1)
(Requested assessment reduction: $319,700.00 to $144,000.00)

now, therefore be it 

RESOLVED, That the County Treasurer and County Attorney be and hereby are directed to assist the City of Johnstown Attorney, as well as the respective school districts in the legal defense of these assessment reduction actions; and, be it further

RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, County Attorney, City of Johnstown, Greater Johnstown School District, Budget Director/County Auditor and Administrative Officer/Clerk of the Board and to each and every other person, agency or institution who may further the purport of this Resolution.

Seconded by Supervisor HOWARD and adopted by the following vote:

TOTAL: Ayes: 18 Nays: 0 Absent: 2 (Supervisors Groff and Potter)

Resolutions