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File #: 16-1187    Name: Settlement of Verizon Statewide Property Tax Refund Litigation
In control: County Counsel
On agenda: 8/23/2016 Final action: 8/23/2016
Enactment date: Enactment #: Agreement No. 16-526
Title: Authorize chairman to sign settlement agreement and stipulated judgment in Verizon California Inc. v. California State Board of Equalization, et al., which is a statewide property tax refund lawsuit
Attachments: 1. Agenda Item, 2. Agreement A-16-526 with Verizon California Inc., 3. Stipulated Judgment
DATE: August 23, 2016

TO: Board of Supervisors

SUBMITTED BY: Daniel C. Cederborg, County Counsel

SUBJECT: Settlement of Statewide Verizon Property Tax Litigation

RECOMMENDED ACTION(S):
TITLE
Authorize chairman to sign settlement agreement and stipulated judgment in Verizon California Inc. v. California State Board of Equalization, et al., which is a statewide property tax refund lawsuit
REPORT
The recommended action would approve the County's agreement to settle a property tax refund case arising from the State Board of Equalization's (SBOE) valuation of certain property that Verizon California, Inc. (Verizon) owned for the 2013-2014 and 2014-2015 fiscal years. Along with the SBOE, the County and 37 other counties are named as defendants.

ALTERNATIVE ACTION(S):

There is no viable alternative action. If the Board does not authorize the chairman to sign the settlement documents, the County would remain a defendant in the litigation, which relates to the State Board of Equalization's valuation of Verizon's telephone network property. The County did not participate in that valuation process.

FISCAL IMPACT:

The settlement would result in a net County cost of about $6,700. Under the settlement, the amount of property taxes paid to the County by Verizon's affiliates for the 2016-2017 fiscal year would be reduced by $51,214. Because the County only receives about 13 percent of total property tax revenues after allocations to other agencies, the net negative effect on County revenue would be about $6,700.

DISCUSSION:

All taxable property must be appraised at its full cash value so that property taxes can be applied to that value. Most property is appraised by the County Assessor where the property is located. But certain property owned by telephone and utility companies is not appraised by each County Assessor because it lies in multiple counties and must be valued as a whole. The SBOE is responsible for the valuation of that property.

This case arises from th...

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