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Minutes - 19771003
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Minutes - 19771003
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7/14/2015 4:31:24 PM
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BOCC
Date
10/3/1977
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Minutes
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Agenda - 10-03-1977
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\Board of County Commissioners\BOCC Agendas\1970's\1977
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~ (~~ <br />Cv V Lt <br />Properties, Inc., to appeal the decision of the Tax Supervisor to tax <br />certain properties titled in their name. The Honorable David Rooks will <br />represent Qrange County at this hearing. <br />The Tax Supervisory, Bill Laws, stated that he and representatives of <br />Medical Research Properties, Inc. had met and no decision had been reached. <br />Mr. David Rooks, of the County Attorney's office, stated that Medical Re- <br />search Properties, Inc. holds title to three pieces of property in Chapel <br />Hill that are used by the University. The Tax Office has discovered the <br />property for taxes due dating back to 1972. <br />Jack t4alker, Attorney for Medical Research, stated that the State <br />and not the Corporation is the actual owner of the property and that it <br />is tax exempted. Medical Research Properties is a non-profit corporation <br />without shareholders or members. Its officers volunteered to serve and <br />it "exists solely at the convenience-of the University o~ North Carolina <br />and the State of North Carolina." The Corporation holds title to the pro- <br />perty and received financing for the buildings. The University pays rent <br />to the corporation in the exact amount of the mortgage payment. When the <br />mortgage is paid, the title will be returned to the State, according to <br />Mr. t9alker. <br />Mr. Rooks argued that the "title is in Medical Research Properties, Inc. <br />They are clearly the legal title holder and not excluded" from tax paying <br />responsibility. He added that the Tax Supervisor must base his discoveries <br />on the legal title holder of property. To search out the "equitable owner <br />would be an intolerable burden". <br />The Tax Supervisory pointed out that an application for tax exemption <br />has not been filed by Medical Research Properties, Inc. or the University. <br />Discussion ensued among members of the Board. <br />Commissioner t7alker stated that he felt the matter needed to be given <br />more thought:. <br />Commissioner Pinney moved that the decision of the Tax Supervisory <br />be upheld and that the appeal be denied. This motion was seconded by <br />Commissioner Gustaveson. <br />Further discussion ensued. Commissioner Willhoit moved that this <br />item be tabled to get further indication of the complications. <br />Commissioner t~7alker seconded the motion. <br />The Chairman called for the vote on Mr. taillhoit's motion. Voting <br />aye were Commissioners Willhoit, Whitted, and t9alker. Voting nay Were <br />Commissioner Pinney and Gustaveson. The motion was declared passdd. <br />Mr. Rooks asked the Board what cruestions could he answer to clarify <br />the tax appeal. He added that there were some facts regarding the appeal <br />which should appropriately be discussed in executive session. <br />Commissioner Willhoit then. moved that the Board go into executive <br />session. <br />Discussion ensued. P'[r. Rooks stated that the basis for pursuing a <br />discovery is to learn who owns the property. <br />The Chairman declared -'Ir. Willhoit's motion died for lack of a <br />Second. <br />Commissioner tillhoit stated that he would like to know more about <br />this matter as he questioned whether or not it would be worth the effort <br />to pursue the matter further. <br />Commissioner Gustaveson stated he felt the Board should follow the <br />advise of the County Attorney and the recommendation of the Tax Supervisor. <br />Mr. Willhoit then moved that the original motion of Commissioner Pinney <br />be reconsidered. Commissioner T.~Thitted seconded the motion. <br />Voting aye were Commissioners Gustaveson, Pinney, ~ahitted and t^Iillhoit. <br />Commissioner Walker voted nay. The motion was declared passed, <br />The Chairman repeated the motion of Commissioner Pinney that the Tax <br />Supervisor's recommendation be upheld and the appeal be denied for Medical <br />Research Properties, rnc. <br />
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