HomeMy WebLinkAboutResolution 93-068-CCBOARD OF COUNTY COIIIMUSSIONERS
Grant County, Washington
A RESOLUTION GRANTING APPROVAL )
TO TREASURER TO PETITION
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SUPERIOR COURT TO CANCEL AND
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EXTINGUISH PERSONAL PROPERTY
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TAX LIEN REGARDING WEBSTER
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HARDWARE
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WHEREAS, in 1986, Webster Hardware Corporation (Webster) began a lock
making business, located in building number 734, North Hanger, Port District No. 9 of
Grant County (the "Port"), in Ephrata, Grant County, Washington;
WHEREAS, prior to beginning production, Webster filed a Chapter 11
bankruptcy proceeding, and converted said proceeding to a Chapter 7 bankruptcy
proceeding;
WHEREAS, the Port brought a legal proceeding against Webster, and obtained a
Writ of Restitution, a Writ of Execution, and an Order of Sale. The personal property
pertaining to the Webster lock making business was removed from the bankruptcy
proceedings. The Webster personal property sold at the Sheriff's Sale was appraised
at $44,000.00;
WHEREAS, Webster had liens in excess of two (2) million dollars placed against
its personal property, including taxes;
WHEREAS, Grant County (the "County") has alien against the personal
property of Webster for $126,152.84 in taxes, for tax years including 1987, 1988, 1989
and 1990, due the first of each year;
WHEREAS, the subject property was sold to Tony R. Soong on June 11, 1993, at
a Sheriff's Sale for $1,000.00. Mr. Soong represents buyers who intend to set up the
subject property as a lock making operation in the Orient. Mr. Soong advised
Treasurer Darryl Pheasant in writing that the buyers were restricted to the amount of
$30, 000.00 in seeking the release of the County's lien for personal property taxes.
Mr. Soong further advised Treasurer Pheasant that if the buyers are unable to obtain
a release of the County's lien for $30,000.00, they will be unable to proceed with the
purchase of the subject property;
WHEREAS, Treasurer Pheasant has advised that the subject taxes are more that
four (4) years delinquent, beyond hope of collection and the cancellation of which will
not impair the obligation of any bond issued nor be precluded by any other legal
impediment that might invalidate such cancellation;
RES. TO PET. SUPERIOR COURT TO CANCEL
WEBSTER PERSONAL PROPERTY TAXES - 1
940we e"No
BOX 37 • EPHRATA, WASHINGTON 98823 • PHONE (509) 7542011
OFFICE OF THE COUNTY TREASURER..DARRYL PHEASANT
June 21, 1993
Board of County Commissioners
Grant County Courthouse
Ephrata, WA 98823
FRECEN lid
JUN 211993
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Re: Webster Hardware Corporation Personal Property Taxes
Dear Commissioners:
As you are aware, a Sheriff's Sale was conducted on June 11, 1993,
regarding the lock manufacturing equipment of Webster Hardware
Corporation (Webster) . Said equipment was purchased by Tony R. Soong
for the amount of $1,000.00.
Mr. Soong has contacted this office and advised that the business interests
that he represents are prepared -=to, offer Grant County $30,000.00 as
payment in full of the personal property -taxes owed on Webster's lock
manufacturing equipment; "in 'return .foereleas.e ;of the County's lien. Mr.
Soong has representee that because of the costs "'of', obtaining releases for
the other liens,, "coupled with the ,costs of dismantling and shipping the
subject equipment, if, the, County is unwilling and%or,,,unable to enter into
this arrangement_, he would befunable;to proceed with the sale. As you will
recall, I have previously. met with' you - and the Prosecutor's Office and
discussed this matter, whereby you agreed:to 'accept Mr. Soong's offer.
By this letter, I' am -.'requesting .
m,requesting that the Board of Commissioners grant me
permission to petition 'the- Superior: Court- 'to cancel and completely
extinguish the County's lien on the .Webster manufacturing equipment. The
taxes on the Webster equipment are 'delinquent . It is my opinion that they
are beyond hope of,` collection and the cancellation of.'said taxes will not
impair the obligation of,any-bonddssue nar.be precluded by any other legal
impediment that`might.invalidate- such. cancellation.;-`
I have previously discussed'this,matter with the Prosecutor's Office, and
they are prepared to proceed with this matter. They believe that our goal
can most likely be accomplished in .the -aforementioned manner.
Feel free to contact me if you have any questions. Thank you for your
courtesies.
Very truly ours.
Board of County Commissioners
Grant County, Washington
Darryl Pheasant
Grant County Treasurer Approve Disapprove
Dist. A# 1 I, Dist. # 1.
cc: Stephen J. Hallstrom, Deputy Prosecutingt2S7'nrr
s
# Dist. #2,__._Dist. #3V Dist. #3
WHEREAS, the County is empowered, pursuant to RCW 84.56.270 to petition the
Superior Court to cancel personalty taxes more than four (4) years delinquent;
WHEREAS, the Port has not received any rent for its rental property housing
Webster's personal property since 1986. Webster owes the port in excess of
$500,000.00 for back rent, interest, and penalties. The Port has a potential tenant
willing and able to rent to the Port for the rental property housing Webster's personal
property, which would provide income to the Port and would expand the tax base for
the County;
WHEREAS, given the aforementioned facts and circumstances, it is in the
County's best interest to petition the Superior Court to cancel the County's lien upon
receipt of $30,000.00 from Mr. Soong; and
NOW, THEREFORE, BE IT RESOLVED, that staff is hereby authorized to
petition the Superior Court to cancel Webster's personal property taxes for the years
that taxes are more than four (4) years delinquent, and apply the amount of
$30,000.00 to the subsequent years for taxes owed.
ADOPTED by the Grant County Board of Commissioners, this c,-7� day of June,
1993.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Helen Fancher, Chairman
Sid Winzle�r, Mem!be
Tim Snead&em'ber
ATTEST:
Peggy 44igg, Cl of the Board
APPROVED AS TO FOR)k.
Poec2�r Attorney
RES. TO PET. SUPERIOR COURT TO CANCEL
WEBSTER PERSONAL PROPERTY TAXES - 2