HomeMy WebLinkAboutAgenda - 04-03-1995 - IX-B 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No --n(.a
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 3, 1995
SUBJECT: Tax Refund Request - CH Hotel Associates, Ltd.
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DEPARTMENT Assessor PUBLIC HEARING YES NO x
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ATTACHMENT(S ) INFORMATION CONTACT
County Attorney Opinion Kermit Lloyd, ext 2101
(under separate cover) TELEPHONE NUMBER
Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
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PURPOSE: To consider a request from CH Hotel Associates, Ltd. for
refund or release of portions of 1991 and 1992 property taxes .
BACKGROUND: CH Hotel Associates owned a parcel of land of
approximately 6 acres near the intersection of South Columbia Street
and NC54 Bypass . Roughly 2 acres of this property was taken by the
North Carolina Department of Transportation in late 1990 in connection
with the Bypass road widening project.
In February 1991 , Mr. G. Roland Gammon, Managing General Partner of CH
Hotel Associates, notified the County that a portion of the property
had been taken and requested that the valuation on the parcel be
reduced. The February 1991 letter specifically listed the quantity of
land taken by NCDOT in the road project. The County Assessor reduced
the 1991 value of the parcel to $277 , 679 from its 1990 value of
$334, 572 , based on the reduced size of the parcel . CH Hotel Associates
has paid the 1991 taxes in full . In an October 1992 letter, CH Hotel
Associates made the point that the resulting parcel was valued too
high . In its view, NCDOT had taken the highest quality land in the
parcel , and the utility and value of the remaining parcel was
significantly diminished because of a ravine traversing it. The
Assessor' s staff visited the site, agreed with the taxpayer' s position,
and reduced the tax value to $101 , 288 , effective with the January 1993
revaluation.
CH Hotel Associates has requested a refund of a portion of the 1991
taxes that have been paid and has also requested a release of a portion
of 1992 taxes , which have not been paid (as of March 1, 1995 , 1992
delinquent taxes on the parcel in question stand at $5 , 534 . 35 ,
including interest) . CH Hotel Associates contends that the valuation
for both 1991 and 1992 should reflect the much lower quality of the
parcel as it existed on January 1 , 1991, following the NCDOT taking .
It is the County Attorney' s opinion that the Board of Commissioners has
statutory authority to release a portion of the 1992 taxes, but that
because of the timing of the appeal regarding the resultant value,
there is no statutorily permissible basis for the Board to grant the
requested relief for 1991 . A summary of the current and proposed 1992
tax liabilities for CH Hotel Associates follows :
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Release 1992 Value of $277 , 679
County Tax $2 , 339 . 45
CH City Tax 1 , 725 . 08
CH School Tax 481 .77
$4 , 546 . 30
Interest 11011 . 55
Release Total $5 , 557 . 85
Collect 1992 Value of $137 , 773
County Tax $1 , 160 . 74
CH City Tax 855 . 91
CH School Tax 239. 04
$2 , 255 .69
Interest 501 . 89
Collection Total $2 , 757 . 58
Recommended relief for 1992 taxes for CH Hotel Associates amounts to
$2 , 800 . 27 , the difference between the release and collection orders.
RECOMMENDATION: The Tax Assessor, the Manager, and the County Attorney
recommend that the Board approve the release of a portion of 1992
taxes, and deny the refund of any 1991 taxes .