COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Devon Mobile Communications, L.P. Proposed Settlement

 

 

SUBJECT/PROPOSAL/REQUEST:

Consideration of offer to settle disputed tax claim of Devon Mobile Communications.

 

 

STAFF CONTACT(S):

Tucker, White, Davis, Herrick, Wiggans

 

LEGAL REVIEW:   Yes

 

AGENDA DATE:

August 4, 2004

 

ACTION:                               INFORMATION:   

 

CONSENT AGENDA:

  ACTION:     X                     INFORMATION:   

 

 

ATTACHMENTS:      Yes

 

 

REVIEWED BY:

 

 

 

BACKGROUND:

The County has been pursuing $502.36 in unpaid personal property taxes from Devon Mobile Communications, L.P. for tax year 2003.  Devon Mobile Communications, L.P. currently is in bankruptcy proceedings, and is contesting the County’s tax claim.  Through its representative, Devon Mobile Communications, L.P. has offered to pay $250.00 in full settlement of the County’s tax claim.  A copy of the written offer is attached.

 

 

STRATEGIC PLAN:

4.2: Fund County Services in a fair, efficient manner and provide needed public facilities and infrastructure.

 

 

DISCUSSION:

Newly-enacted Virginia Code § 58.1-3994(B) now allows the Director of Finance to compromise and settle certain disputed tax assessments, with the consent of the governing body or its designee.  Before entering such a settlement, the Finance Director must determine “that the collection of the entire amount due and owing is in substantial doubt and the best interests of the locality will be served by such compromise.”  In this case, the Finance Director concurs in the County Attorney’s recommendation that the County accept this offer.  A proposed Resolution consenting to this settlement offer is attached as Attachment A.

 

 

RECOMMENDATIONS:

Staff recommends that the Board accept the compromise offer of Devon Mobile Communications, L.P. in full settlement of the County’s claim for 2003 personal property taxes and adopt the attached proposed Resolution. 

 

 View attachment

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