2002 - 08-19-02 Regular Meeting - Laserfiche WebLink

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0 e o % 8 P'C:10_19 WHEREAS, the Taxpayer was given notice of a hearing before the Board of Commissioners and appeared and was heard, following which, the Board of Commissioners rendered its decision; and WHEREAS, within the time allowed by law, the Taxpayer excepted to the order of the Board of Commissioners and appealed to the Property Tax Commission, hereinafter referred to as "PTC;" and WHEREAS, the matter came on for hearing before the PTC on October 24, 2001, and prior to receiving evidence from the Taxpayer, the PTC considered a motion to dismiss filed by the County alleging that the Taxpayer had not complied with PTO's appellate rules; and WHEREAS, taxpayer contended it had not received timely notice and that it was entitled to be heard; and WHEREAS, the PTC entered an order allowing the County's motion and dismissing Taxpayer's appeal, to which order the Taxpayer excepted and appealed to the North Carolina Court of Appeals; and WHEREAS, Taxpayer and County desire to buy their peace and to compromise and settle any and all disputes arising out of or in any way connected with the matters described above and the issues involved in the above-described litigation. NOW, THEREFORE, in mutual consideration of the covenants set forth below, the parties agree as follows: 1. County may prepare a new abstract of Taxpayer's property to reflect a discovery as set out in Exhibit A, which is attached hereto and by this reference made a part hereof. City and County, as a part of this settlement, have agreed to waive all penalties against taxpayer for tax years 1992-1996, as shown in Exhibit A. 2. County may issue a tax receipt that reflects a total obligation of $63,884.22 owed by Taxpayer that includes both City and County taxes, which receipt will be delivered to the Tax Administrator, and he shall be charged with its collection. Such receipt shall have the same force and effect as if it had been delivered to the collector at the time of the regular tax receipts for the current year and the taxes charged in the receipt shall be a lien upon the Taxpayer's properly in accordance with the provisions of N.C. Gen. Stat. §105-355. 3. Upon payment of the sum of $63,884.22 to the County by the Taxpayer within the time allowed by law, this document shall constitute a release and discharge of the Taxpayer of any and all claims and demands, which the County and City have arising out of or in anyway relating to the dispute described above. Page 2 of 5