Orange County NC Website
$~s <br />Land Classification Map which goes with the narrative statement at~e~pted <br />to show the intention of connecting the green belt area. <br />Upon motion of Commissioner Gustaveson, seconded by Commissioner <br />Willhoit, it was moved and approved to adopt the Resolution as related to <br />Land Use Planning in Orange County with the recommended additions. (See <br />Page 193 of this book) <br />The Clerk was instructed to sent copies of the Resolution to the Chapel <br />Hill and Carrboro Boards of Aldermen, Region J Councils of Governments, <br />and copies to the press. <br />Chairman Whitted referred to Item 11: The City of Durham is requesting <br />release of certain Drange County Tax Bills. _..... <br />The Agenda attachment stated that in 1972, the City of Durham com- <br />menced acquiring land in Orange County to construct a reservoir and per- <br />haps a park. Land acquired by the City to be used for a governmental <br />purpose is exempt from local property tax. rn late 1973, the City <br />abandoned its efforts to construct a reservoir on the Eno and announced <br />its intentien to sell the alnd acquired to the State. In 1975, the City <br />did convey this land to the State. The Orange County Tax Supervisor placed <br />this property on the tax records in 1975. <br />The City of Durham is petitioning the County to release the 1975 taxes <br />on this property that amounts to $440. <br />The Chairman recognized the Tax Supervisor, Williams Laws who intro- <br />duced to the Board Mr. Doug Johnston, Assistant City Attorney for the City <br />of Durham. <br />Mr. Johnston stated that the problem is in regard to certain tracts of <br />land which the City of Durham bought in Orange County for the lake/park <br />reservoir on the Eno. These parcels have subsequently been sold to the <br />State, with a Warranty Deed on record, so now the City either has.ta pay <br />the taxes or have a determination that they are exempted from taxes. Mr. <br />Johnston stated that the Commissioners would have to determine if the City <br />of Durham bought and held these property under a plan for public use thereof. <br />Properties of cities and municipalities are exempted from taxes, according <br />to the General Statutes, if they are used wholly and exclusively for muni- <br />cipal purposes. Mr. Johnston stated that the Supreme .Court had held that <br />as long as .the property is purchased and held under a plan for public use, <br />that the requirements were met. He stated that he contended that the City <br />of Durham did by and held this property under a plan for public use. <br />Mr. Johnston introduced Ms. Parker from the staff of the Durham City <br />Planning Office. Ms. Parker reviewed for the Board an application which <br />was submitted to HUD September 18, 1972. The purpose of the application <br />was to show the City of Durham's commitment to a plan far open space, <br />recreation/reservoir use of the property. Ms. Parker also referred to a <br />letter from Dexter Smith, Director of Planning for the City o£ Durham, <br />which spoke of the recreation plan for Durham. <br />Mr. Johnston stated that the plan was submitted to the Gity Council <br />and approved September 18, 1972. On January 11, 1973, the Gity of Durham <br />was notified that federal funds for the project were unlikely, and the <br />Gity began to acquire the properties using their own monies. On July 12, <br />1973, the State of North Carolina presented a proposed Eno agreement to <br />the City. The agreement expressed the State's interest in the Eno and <br />stated that "the City of Durham should be responsible far acquisition of <br />property in Durham County and the State of North Carolina should be res- <br />ponsible for acquisition in Orange County. On October 25, 1973, the State, <br />in a second proposal, expressed their interest in purchasing the pro- <br />perties owned by the City of Durham along the Eno, west of Guess Road to <br />establish a State park from Guess Road westward, and on•November 5, 1973, <br />the City of Durham accepted the State's offer to purchase the Gity's park <br />property and to proceed with further park development. <br />Mr. Johnston pointed out that under North Carolina law, the property, <br />which had been dedicated by the City of Durham for use as a park, cannot <br />be changed from that use. <br />The Tax Supervisor, William Laws, stated that one deed was conveyed <br />to the State for tract numbers 2307,2309,2863,2865, and 2925 in October <br />of 1975. <br />