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195.2007 RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY WAL-MART RESOLUTION NO.: 195, 2007 SEE RES. 247.2007 RESCINDING 195.2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Wal-Mart previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning the assessed value of property located on Route 9 (Tax Map No. 296.17-1-36) for the 2005 and 2006 assessment years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the case with Town Counsel, and WHEREAS, counsel for the Queensbury Union Free School District has advised that the proposed settlement terms have been approved by the District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Wal-Mart, concerning its property located on Route 9 (Tax Map No. 296.17-1-36) for the 2005 and 2006 assessment years in accordance with the following revised assessment value: Assessment Year Current Assessment Revised Assessment 2005 $ 7,978,500 $ 7,978,500 – Discontinue 2005 Petition with prejudice 2006 $12,788,000 $12,288,000 and BE IT FURTHER, RESOLVED, that the revised assessment of $12,288,000 will remain in place throughout the next three (3) tax years (2007-2008, 2008-2009 and 2009-2010), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioner’s counsel, Kavinocky Cook within sixty (60) days from the date that a Demand for Refunds is served upon the Town of Queensbury and the Warren County Treasurer provided that settlement requires refunds, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Fiscal Manager 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. th Duly adopted this 16 day of April, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None