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HomeMy WebLinkAboutR91-061 redemption of erroneous tax liens on Whiskey Creek Stockman's ClubCommissioner (LUS TL��J©N moved adoption of the following Resolution: BOARD OF COUNTY COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 91-t^/, REGARDING REDEMPTION OF ERRONEOUS TAX LIENS LEVIED ON WHISKEY CREEK STOCKMAN'S CLUB WHEREAS, the subject property is owned by the Eagle -Vail Metropolitan District and identified by schedule No. 21753; WHEREAS, the subject property is leased to the Whiskey Creek Stockman's Club which is a restaurant being operated by a private enterprise for profit; WHEREAS, the subject property, otherwise tax exempt, is taxable when leased in the above - described manner pursuant to C.R.S. 39 -3 -112, but such taxes shall not become a lien; WHEREAS, the prior Eagle County Treasurer sold the past due taxes accruing to the subject property at tax sale evidencing the creation of a lien on the subject property inconsistent with the above - stated law; WHEREAS, Section 39 -12 -111, C.R.S. provides: (1) When, by mistake or error of the treasurer, county clerk and recorder, or assessor or from double assessment, 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. The treasurer, county clerk and recorder, or assessor, as the case may be, and his sureties on his official bond shall be liable to the county for such amounts reimbursed as a result of sales made only through willful misconduct. (2) (a) The annual rate of interest shall be two percentage 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, the holder of the tax certificate to the property has applied for a Treasurer's deed. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board finds that the sale of the above - described taxes to be erroneous. THAT, the county shall reimburse the purchaser of the tax liens for tax years 1984 through 1989 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 Pursuant to 39 -12- 111(2) C.R.S. which dictates that interest be paid as follows: YEAR PERCENTAGE RATE 1984 10% 1985 8% 1986 8% 1987 9% 1988 9% 1989 9% THAT, reimbursements 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. THAT, the Eagle County Budget Officer and the Eagle County Treasurer are hereby directed to take all actions necessary to effectuate this resolution. CW= _eY 1 3' MOVED, READ AND ADOPTED by the board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 29th day of July 1991. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By : By: iC�J�f�14�y/ Jerk of the Board of George ^. Gates, Chairman '..- �,Cpunty Commissioners 3 � oilI Donald H. Welch �® Cobmi- ssioner Commissioner/ /�j Commissioner f�QIF seconded ,adoption of the foregoing Resolution. The roll have been called, the vote was as follows: Commissioner George A. Gates -P V1 Commissioner Donald H. Welch tA31ker Commissioner Richard L. Gustafson ft�(F' The Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. whskycrk.res -3-