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HomeMy WebLinkAboutResolution 93-068-CCBOARD OF COUNTY COIIIMUSSIONERS Grant County, Washington A RESOLUTION GRANTING APPROVAL ) TO TREASURER TO PETITION } RESOLUTION NO. 93 -68 -CC SUPERIOR COURT TO CANCEL AND } EXTINGUISH PERSONAL PROPERTY ) TAX LIEN REGARDING WEBSTER ) HARDWARE } } ) } 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 gpsnv yr commisstU.. ERS sRW COUNV.VV*. iit1GTON 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