HomeMy WebLinkAboutAgenda - 09-02-2008 - 4cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 2, 2008
Action Agen a
Item No. -~
SUBJECT: Property Tax Release
DEPARTMENT: Assessor's Office PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Resolution
Spreadsheet
INFORMATION CONTACT:
John Smith, 245-2101
PURPOSE: To consider adoption of a resolution to release property value related to one (1)
request for property tax release.
BACKGROUND: The Assessor's Office is requesting approval to release property value
related to one (1) request for property tax release. (see explanations on attached spreadsheet).
General Statute 105-381(b), "Action of Governing Body" provides that "upon receiving a
taxpayer's written statement of defense and request for release or refund, the governing body of
the Taxing Unit shall within 90 days after receipt of such a request determine whether the
taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or
refund that portion of the amount that is determined to be in excess of the correct liability or
notify the taxpayer in writing that no release or refund will be made". North Carolina law allows
the Board to approve property tax releases for the current and four previous fiscal years.
FINANCIAL IMPACT: Approval of this change will result in a net reduction in revenue of
$66,650.99 to the County, municipalities, and special districts for the 2007-2008 fiscal year.
The approval of this release will bring the total net reduction for the 2007-2008 fiscal year to
161,319.03. For fiscal year 2008-2009, the total net reduction in revenues is $521.66. The Tax
Assessor recognized that releases and Property Tax Commission decisions can impact the
budget and accounts for these in the annual budget projections.
RECOMMENDATION(S): The Manager recommends that the Board approve the attached
resolution approving one (1) property tax release request in accordance with N.C. General
Statute 105-381.
NORTH CAROLINA
ORANGE COUNTY
2
RELEASE RESOLUTION (Approval)
Whereas, North Carolina General Statutes 105-381 and/or 330.2(B) allows for the release of taxes
when the Board of County Commissioners determines that a taxpayer applying for the release has a valid
defense to the tax imposed; and
Whereas, the properties listed in each of the attached "Request for Property Tax Release" has
been taxed and the tax has not been collected: and
Whereas, as to each of the properties listed in the Request for Property Tax Release, the taxpayer
has timely applied in writing for a release of the tax imposed and has presented a valid defense to the tax
imposed as indicated on the Request for Property Tax Release.
NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ORANGE COUNTY THAT the recommended property tax release(s) are
approved.
Upon motion duly made and seconded, the foregoing resolution was passed by the following votes:
Ayes: Commissioners
Noes:
I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina,
DO HEREBY CERTIFY that the foregoing has been carefully copied from the recorded minutes of the
Board of Commissioners for said County at a regular meeting of said Board held on
said record having been made in the Minute Book of the minutes of said Board,
and is a true copy of so much of said proceedings of said Board as relates in any way to the passage of the
resolution described in said proceedings.
WITNESS my hand and the corporate seal of said County, this day of
2008.
Clerk to the Board of Commissioners
RELEASE (GS 105-381)
September 2, 2008
(Taxable) Value Rate Financial Property
Name Map Ref Tract # Old Value New Value Difference Code Impact Description Reason for Adjustment
Sports Endeavors Inc Acct 173721 7,615,751 3,410,641 -4,205,110 23 -66,650.99 Bus Personal Release is for 2007. Illegal Tax
Leasehold improvement were listed and
billed as real estate and as business
personal property. Double assessment.
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