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Home My WebLink AboutR92-036 redemption of certificates erroneously soldCommissioner (.9 # moved adoption of the following Reso ution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 - 3 L CONCERNING THE COUNTY'S REDEMPTION OF CERTIFICATES OF PURCHASE RESULTING FROM ERRONEOUS SALES OF TAX LIENS, and AUTHORIZING THE EAGLE COUNTY TREASURER TO PAY INTEREST ON SAID REDEMPTIONS FROM THE GENERAL FUND WHEREAS, from time to time, due to clerical error or admin- istrative mistake, a property may be listed on the county prop- erty assessment rolls which should have been omitted; or a property may be erroneously listed more than once; and a tax lien may attach to such properties upon which no property taxes are actually due; and WHEREAS, certain classifications of property which may be taxed in error include but are not limited to the following: 1. Properties which are exempt from property tax, such as property owned by qualified nonprofit homeowners' organizations, or property owned by public entities or used for charitable, religious, fraternal, or other purposes which may be exempt under C.R.S. 39 -3 -101, et seq 2. Unpatented mining claims, which were exempted from property tax assessment by the 1938 _amendment to Article 10, Section 3(1)(b) of the Colorado Constitu- tion. 3. Property which has been double assessed. WHEREAS, such erroneous assessments may result in tax liens being sold at tax sale by the county treasurer; and WHEREAS, tax liens showing against other properties may also be erroneously sold from time to time, such as in the following instances: 4. Property for which a tax certificate has been issued by the county treasurer in error. 5. Property for which lawfully assessed taxes have been redeemed, but were sold in error. I xY WHEREAS, concerning any of the above - described events, C.R.S. 39 -12 -111, as amended, provides as follows: (1) When, by mistake or error of the treasurer, county clerk and recorder, or assessor or from double assess- ment, a tax lien has been sold on land upon which no tax was due at the time, the county shall reimburse the purchaser in the amount paid by him in connection with the purchase of the tax lien on such land, together with interest from the date of purchase at the rate which is determined as provided in this section. Reimbursement shall be made from the various funds to which the tax was originally distributed; except that interest shall be paid from the county general fund. (2)(a) The annual rate of interest shall be two per- centage points above the discount rate, which discount rate shall be the rate of interest a commercial bank pays to the federal reserve bank of Kansas City using a government bond or other eligible paper as security, and shall be rounded to the nearest full percent. (b) Notwithstanding any other provision of this subsection (2), the rate of interest shall be no lower than eight percent per annum compounded annually. WHEREAS, historically, the Eagle County Treasurer has pre- sented to the Board of County Commissioners of Eagle County, Colorado (hereinafter "the Board "), each erroneous tax sale on an individual basis, resulting in correction delays due to schedul- ing requirements and the press of other county business; and WHEREAS, the Board desires to provide a more expeditious means for correcting such erroneous sales of tax liens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Sherry Brandon, the duly elected Treasurer of Eagle County, Colorado ( "the Treasurer "), be and is hereby granted the authority to proceed with the correction of and reimbursement for tax liens sold in error, as described herein, and as provided by Colorado law. THAT, pursuant to C.R.S. 39 -12 -111, the Treasurer shall make such reimbursements from the various funds to which the tax was originally distributed. THAT, the Treasurer shall pay interest due from the county general fund at the rate specified by C.R.S. 39 -12- 111(2). -2- s THAT, in the event such interest payments reach the total amount of $1,000, the Treasurer shall return to the Board to make a full report concerning the erroneous tax sales which she has redeemed, at which time the Board may authorize the Treasurer to make additional interest payments from the general fund. THAT, notwithstanding the above interest payment limitation, the Treasurer shall report to the Board every six months concern- ing the activity which is the subject of this resolution; and should the Board determine it to be in the best interest of the County, it may withdraw the authority granted hereby. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of 1992. COUNTY OF EAGLE, STATE OF s 4 COLORADO, by and Through Its BOA F COUNTY COMMISSIONERS By: lerk to the oard of R chard L � 7a f san hairman county commissioners e e All Gat "es`; Commissioner Dona H. We c Comm ssloner Commissioner � seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates #yQPi Commissioner Richard L. Gustafson 4-/� 'g, Commissioner Donald H. Welch _4=4kr0 This Resolution passed by ��/,�/d; /'KQIIS vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 192 -09 -3-