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540 <br /> <br />reflect the railroads' entitlement to equalization relief for 1982 and 1983 <br />under the Railroad Revitalization and Regulatory Reform Act of 1976. The <br />equalization ratios, if any, for future years are not determined or agreed <br />upon in this letter. The true value of the railroads' system property and the <br />railroads' obligation, if any, to pay interest or penalties in connection with <br />1982 and 1983 property tax assessments shall be determined as provided by law. <br /> <br /> 4. Counsel for Cabarrus County and the railroads will cause a joint <br />notice of dismissal in the form attached hereto to be executed in connection <br />with the legal action now pending in the United States District Court for the <br />Eastern District of North Carolina entitled High Point, Thomasville and Denton <br />Railroad Company, et al. v. Mark G. Lynch, Secretary of Revenue of the State <br />of North Carolina, et al. (Civil Action No. 83-1243-CIV-5). <br /> <br /> 5. This offer will be accepted by signature of the county attorney in <br />the space provided below. By signing below, the county attorney personally <br />warrants that he has adequate authority to accept this offer on behalf of the <br />county, that the agreement proposed in this letter is enforceable according to <br />its terms and that the county shall be legally bound thereby. <br /> <br /> If thisoffer is accepted by the county, please sign and return a copy of <br />this letter together with the executed notice of dismissal in the legal <br />action. <br /> <br />Please let me know if you have any questions or comments. <br /> <br />bkp/mon3 <br />Enclosures <br />cc: Mr. Courtney L. George <br /> Mr. Everett B. Gibson <br /> Mr. Henry C. Wolf <br /> Mr. Edward C. Winslow, III <br /> <br />Very truly yours, <br />/s/ Nancy S. Rendleman <br />Nancy S. Rendleman <br /> <br />ACCEPTED AND AGREED TO ON BEHALF OF <br />CABARRUS COUNTY: <br />This day of , 1986. <br />By: <br /> <br />John R. Boger, Jr. <br />Attorney for Cabarrus County <br /> <br />IN THE UNITED STATES DISTRICT COURT <br />FOR THE EASTERN DISTRICT OF NORTH CAROLINA <br /> RALEIGH DIVISION <br /> <br />CASE NO. 83-1243-CIV-5 <br /> <br />HIGH POINT, THOMASVILLE & ) <br />DENTON RAILROAD COMPANY, ) <br />et al., ) <br /> Plaintiffs, ) <br /> v. ) <br />MARK G. LYNCH, SECRETARY OF ) <br />REVENUE OF THE STATE OF ) <br />NORTH CAROLINA, et al., ) <br /> Defendants. ) <br /> <br />NOTICE OF DISMISSAL <br />AS TO CABARRUS COUNTY <br /> <br /> NOW COME counsel for plaintiffs and counsel for Cabarrus County and <br />jointly state that all matters and things in controversy affecting Cabarrus <br />County have been settled and compromised and that plaintiffs and Cabarrus <br />County have agreed that matters related to Cabarrus County alleged in the <br />complaint shall not be further adjudicated in this action and claims alleged <br />respecting Cabarrus County shall be and are hereby voluntarily dismissed with <br />prejudice. <br /> <br />This the __day of , 1986. <br /> <br /> <br />