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JUii T` iv hw~r~~'ti. <br />RESOLUTION AUTHORIZING THE EXECUTION <br />AND DELIVERY OF A SETTLEMENT AGREEMENT WITH <br />AMISUB OF NORTH CAROLINA, INC., DB/A <br />CENTRAL CAROLINA HOSPITAL RELATING TO ASSESSING <br />DISCOVERED PROPERTY FOR THE TAX YEARS 1992-1996 <br />WHEREAS, Lee County for itself and on behalf of the City of Sanford, has <br />followed the procedures set out in the Machinery Act for listing, appraising, and <br />assessing discovered property during the tax years 1992-1996 against AMISUB of North <br />Carolina, Inc., doing business as Central Carolina Hospital, hereinafter referred to as <br />"CCH"; and <br />WHEREAS, CCH has contested the discovery at every step up to and including <br />the N. C. Court of Appeals; and <br />WHEREAS, the Board of Commissioners is authorized by N. C. General Statute <br />§105-312(k) to compromise, settle, or adjust the claims for taxes arising from a <br />discovery; and <br />WHEREAS, while the matters in litigation were pending in the N. C. Court of <br />Appeals, the County Attorney with the assistance and approval of the Tax Administrator <br />and auditor who conducted the CCH audit for Tax Management Associates, Inc., <br />(hereinafter referred to as TMA) negotiated a settlement agreement with counsel <br />representing CCH, which document has been submitted to the board in the agenda for <br />this meeting; and <br />WHEREAS, the County Attorney, Tax Administrator and TMA representative all <br />recommend the approval and execution of said document; <br />NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Lee <br />County that the Settlement Agreement, in the form submitted to this meeting, is hereby <br />approved and the Chairman or Vice-Chainnan is hereby authorized and directed to <br />execute and deliver, and the Clerk to the Board is directed to attest said document for and <br />on behalf of Lee County. <br />Herbert A. Hincks hairman <br />