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154.2011 Art. 7 Asess.AmerTwr. RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY AMERICAN TOWER CORPORATION RESOLUTION NO.: 154, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, American Tower Corporation (Petitioner) previously commenced an Article 7 Real Property Assessment Review case in 2010 against the Town of Queensbury concerning the assessment on property located at 1 Abbey Lane, Queensbury, identified as Tax Map No.: 302.9-1- ( 29./608, “Property”), and WHEREAS, the Town Assessor has reviewed the case with Town Counsel and has recommended a settlement proposal to the Town Board, and WHEREAS, counsel for the Queensbury Union Free School District advises that District officials will recommend that the School Board approve the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceeding filed by American Tower Corporation such that the assessment on the Property shall be revised as follows: ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT 2010 $200,000 $148,500 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds, with interest if ordered by the Court, within sixty (60) days after Petitioner serves a copy of the filed Court Order, with Notice of Entry, approving the settlement on the Warren County Treasurer, and BE IT FURTHER, RESOLVED, that in accordance with Real Property Tax Law §727, the Reduced Assessment shall be effective for the 2011, 2012 and 2013 Assessment Rolls unless one of the exceptions to §727 becomes applicable, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer 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 18 day of April, 2011 by the following vote: AYES : Mr. Stec, Mr. Montesi, Mr. Brewer NOES : None ABSENT: Mr. Metivier, Mr. Strough