247.2007
RESOLUTION RESCINDING RESOLUTION NO.: 195,2007 AND
AUTHORIZING NEW SETTLEMENT TERMS CONCERNING ARTICLE 7
REAL PROPERTY ASSESSMENT CASE COMMENCED BY WAL-MART
RESOLUTION NO.: 247, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
th
WHEREAS, on April 16, 2007, by Resolution No.: 195,2007, the Queensbury Town Board
authorized settlement of 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, and
WHEREAS, since such time, there have been additional negotiations regarding the settlement
and Town Counsel has advised that the settlement terms have changed, and
WHEREAS, the Town Assessor has recommended such new 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, new settlement terms are approved by the District,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby rescinds Resolution No.: 195,2007
concerning settlement of 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, and
BE IT FURTHER,
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 as
follows.
The two Petitions will be withdrawn with prejudice, provided that the assessment for the
2007 tax year be settled as follows:
Tax Year Current Assessment Revised Assessment
2007 $ 12,788,000.00 $ 12,188,000.00
and
BE IT FURTHER,
RESOLVED, that the revised Assessment of $12,188,000 will remain in place throughout
the next three (3) tax seasons (2007-2008, 2008-2009 and 2009-2010), on the condition that
there is no Town-wide re-evaluation and that there is no new construction, 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.
st
Duly adopted this 21 day of May, 2007, by the following vote:
AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None