Loading...
156.2016 Settlement Propery Assessment Cases Lukoil & Golub Properties RESOLUTION AUTHORIZING SETTLEMENT OF PROPERTY ASSESSMENT CASES FILED BY LUKOIL NORTH AMERICA, LLC AND GOLUB PROPERTIES, INC. RESOLUTION NO.: 156,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Lukoil North America, LLC and Golub Properties, Inc. (collectively "Petitioner"), filed Article 7 Real Property Assessment Review cases against the Town in 2012, 2013 and 2014 challenging the 2012, 2013 and 2014 assessments on its property located at 538 Aviation Road, more specifically identified by its Tax Map Number: 302.5-1-94, and WHEREAS, it appears to be in the best interests of the Town to avoid the significant costs that would result if the litigation continues and goes to trial, and WHEREAS, the Town Assessor recommends proposed settlement terms which have been negotiated with Petitioner, and WHEREAS, it is anticipated that the Queensbury Union Free School District will accept the proposed settlement terms, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the proposed settlement of the assessment cases filed by Lukoil North America, LLC and Golub Properties, Inc. for 2012, 2013 and 2014 as follows: 1) The assessed value for the 2013 and 2014 assessment years shall be reduced to $205,000; 2) Refunds shall be paid based upon the reductions to the 2013 and 2014 assessed values; 3) The Proceedings challenging the 2012, 2013 and 2014 assessments shall be discontinued; and 4) Section 727 of the Real Property Tax Law shall not apply; and BE IT FURTHER RESOLVED, that unless otherwise ordered by the Court, refunds based upon the reductions of the 2013 and 2014 assessments shall be paid without interest provided they are paid within sixty (60) days after Petitioner serves a copy of the filed Court Order approving the settlement, with Notice of Entry, on the Town and on the Warren County Treasurer, together with the necessary Demand for Payment, and BE IT FURTHER, RESOLVED, that approval of this Settlement Agreement is contingent upon Town Counsel's review and approval of the Stipulation of Settlement and Order; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Clerk and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 18th day of April, 2016, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None