Mediacom Notice of Voluntary Settlement.-~
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Dubuque City Board of Review
Dubuque County Courthouse
720 Central Avenue C7 °
Dubuque, IA 52001 C7`~
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TO: Chairperson of the Conference Board ti7 {r,
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of the City of Dubuque ~ -
City Hall `~'
13th & Central
Dubuque, IA 52001
RE: Mediacom Communications Corporation v. Dubuque City Board of Review
NOTICE OF VOLUNTARY SETTLEMENT
Please be advised that the Dubuque City Board of Review has entered into a
Voluntary Settlement Agreement with Mediacom Communications Corporation, to
resolve the pending litigation brought by Mediacom Communications Corporation to
appeal their property tax assessment.
Attached to this Notice is a copy of the Stipulation of Voluntary Settlement which
sets forth the details of the agreement. This Stipulation has been approved by the
Dubuque City Board of Review, the Dubuque City Assessor, and Mediacom
Communications Corporation. After twenty (20) days from the date of this Notice,
the Stipulation will be presented to the District Court upon a joint motion to approve
the Voluntary Settlement Agreement for the Court's approval and Order. This Notice
is given pursuant to Iowa Code §441.44.
DATED: 1 !/ ~ l~~ ~7
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CHAIRPEN
DUBUQU BOARD OF REVIEW
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0328.OG~stipulation.jac 10.1007
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
* * * * * * * * * * * * *
MEDIACOM COMMUNICATIONS * CASE NO. EQCV095883
CORPORATION, and 01311 EQCV 096633
*
Plaintiff,
*
v.
.~TIPLTLA3 ;L :.=TV ~' U_l~ V ~.1L.,~~ 1\ ~ H li I
BOARD OF REVIEW OF THE CITY SETTLEMENT
OF DUBUQUE COUNTY, IOWA,
Defendant.
* * * * * * * * * * * * *
COMES NOW the parties and hereby state that based upon new
evidence having been presented to the Dubuque City Board of Review, it is hereby
stipulated by and between the parties as follows:
1. The parties have entered this Agreement to avoid the expenses,
inconveniences, burdens, and uncertainties of additional litigation regarding the
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representations contained herein and in light of the mutual promises, covenants,
obligations and consideration contained herein, and intending to be legally bound
thereby, the parties mutually desire to reach a full and final compromise of any and all
issues arising out of the property tax assessment against the taxpayer's property from
the January 1, 2006, and January 1, 2007, assessment valuation dates. Therefore, the
parties have agreed to a settlement of this matter as set forth below.
2. The actual and assessable value of the subject property, located in
Dubuque City, Iowa, and known as Dubuque City Parcel No. 1020204017, is
$4,559,300.00 as of January 1, 2006, and $5,504,700.00 as of January 1, 2007.
3. The parties acknowledge and agree that the values stipulated
herein, and the depreciation schedules, costs and other values used by the parties to
arrive at the stipulated values herein, are the result of negotiations and compromise.
The parties further acknowledge and agree that the values stipulated herein, and any
Orders of the Court contemplated by this Stipulation are for the January 1, 2006, and
January 1, 2007, assessment dates only. The parties agree that no presumption shall
arise as to the correctness of the stipulated values, or the depreciation schedules and
costs used to arrive at the stipulated values by virtue of this Stipulation and the Orders
of the Court contemplated herein, in any future assessment of the subject property or
appeals therefrom, and that neither this Stipulation nor the Orders of the Court
contemplated herein are admissible in any future property tax assessment protests or
apl;eals.
4. The Board, before presenting this Stipulation and any Orders to the
Court, shall give notice of settlement to all interested taxing bodies as required by
Iowa Code §441.44.
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5. Nothing contained herein shall prohibit the Director of the Iowa
Department of Revenue and Finance from issuing Equalization Orders or other
Orders as authorized by law and affecting the subject property.
6. The parties agree, both as to form and content, to entry of the
proposed Order, Judgment and Decree attached hereto as Exhibit "A", which is made
a part hereof by this reference, for the January 1, 2006, assessment date. The parties
agree to the entry of a similar Order for the 2007 assessment date, containing the
assessed value identified in paragraph 2 above for January 1, 2007. Any subsequent
modification to this Stipulation must be in writing and must be signed and executed
by the parties to this Stipulation.
7. The Dubuque City Assessor has reviewed and agreed to this
Stipulation of Voluntary Settlement.
8. This Stipulation shall be binding on the successors, assigns and
transferees of the parties.
>. Eacla pai~Ey t:; tliis~ Stipulatroxr slZali bear its own ccsis, a~ oE~iey fees
and expenses incurred in any manner in connection with the investigation, litigation,
or resolution of any and all issues relating to assessments against the subject property
including any costs, attorney fees or expenses incurred in the preparation and
performance of this Stipulation of Voluntary Settlement.
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10. The parties agree that there shall be no immediate refund of
property taxes previously paid by the taxpayer resulting from this agreement. Any
and all refunds of property taxes previously overpaid by the taxpayer resulting from
this agreement shall be credited to the property taxes otherwise due from the taxpayer
on the next tax payment due date and, to the extent any credit remains after said
credit, then to the property taxes otherwise due from the plaintiff on subsequent due
dates until all credits resulting from this agreement are exhausted.
1 1. Each of the signatories to this Stipulation represents that he or she
has the full power and authority (without further approvals or consent) to enter into
this Stipulation and perform the obligations set forth herein.
12. This Stipulation may be executed in several counterparts, each of
which shall constitute an original and all of which, when taken together, shall
constitute one Stipulation.
IN WITNESS WHEREOF, the duly authorized representatives of the
pu:-ties hereto have executed this Stipulati~:n of ~~ olur3tary Settlement. ,
MEDIACOM COMMUNICATIONS
CORPORATION
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DUBUQUE
DATED: ` - ,f/ C ' BY
CONSENTED TO CONTENT AND FORM:
A
S
DEN
FO XPAYER
BRETT RYAl~AT0006799
BRUCE B. GREEN, #AT0002926
FRANK W. PECHACEK, JR., #AT0006177
ATTORNEYS FOR THE BOARD
BOARD OF REVIEW
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SON
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0328.Ob1ordcrludg.jaclU 100?
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
MEDIACOM COMMUNICATIONS * CASE NO. EQCV095883
CORPORATION,
Plaintiff,
v.
BOARD OF REVIEW OF THE CITY
OF DUBUQUE COUNTY, IOWA,
ORI7>/t~, .1lJllGM1/N 1 ANll
DECREE
Defendant.
* * * * * * * * * * * * *
NOW on this day of , 2007°, the matter of the
Stipulation of the parties coming before the Court, and the Court having reviewed the
same, finds that the actual, assessed value of the subject real property should be
assessed as stipulated.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that
the combined assessment of the subject property, ~~hich is known as Dubuque City
Parcel No. 1020204017, is hereby established at $4,559,300.00 for the January 1,
2006, assessment date and $5,504,700.00 for the January 1, 2007, assessment date.
XHIBIT
It is further ORDERED, ADJUDGED AND DECREED that the above
value shall be spread upon the books of the Dubuque City Auditor, the Dubuque City
Assessor, and the Dubuque City Treasurer, who will correct their records and tax
books accordingly.
It is further ORDERED, ADJUDGED AND DECREED that each party
shall bear its own costs of this action.
JUDGE OF THE FIRST JUDICIAL DISTRICT
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