HomeMy WebLinkAboutR93-083 redemption of erroneous ales of tax liensI
Commissioner ( 1- 11rnon (71 4,/ m moved
adoption of t followi g Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 93 - 93
FOURTH RESOLUTION 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 1988 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.
C
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, by Resolutions No. 92 -36, 92 -127, and 93 -22, the
Board of County Commissioners of Eagle County, Colorado (herein-
after "the Board "), granted the Eagle County Treasurer 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, in accordance with the following conditions:
1. 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.
2. THAT, the Treasurer shall pay interest due from the
county general fund at the rate specified by C.R.S. 39-
12- 111(2).
3. 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 erron-
eous tax sales which she has redeemed, at which time
the Board may authorize the Treasurer to make addi-
tional interest payments from the general fund.
4. THAT, notwithstanding the above interest payment limi-
tation, the Treasurer shall report to the Board every
six months concerning the activity which is the subject
of said resolution; and should the Board determine it
to be in the best interest of the County, it may with -
draw the authority granted thereby.
-2-
and
C . I C'�
WHEREAS, the Treasurer has reported to the'Board that inter-
est payments have reached the total amount of $1,000, and has
requested authorization to continue to pay from the general fund
up to an additional $1,000 in such interest payments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the authority granted to the Eagle County Treasurer by
Resolution No. 92 -36 be and is hereby extended, subject to the
same requirements, including the $1,000 limitation in interest
payments from the County General Fund.
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 , 1993.
ATU
M
County Commissioners
COUNTY OF
COLORADO,
BOARD OF
EAGLE, STATE OF
by and Through Its
COUNTY COMMISSIONERS
By:
George . Gates, Chairman
-3-
Johnnette Phillips,
Commissioner
Commissioner seconded adoption of
the foregoing resolution. Thbroll having been called, the vote
was as follows:
Commissioner Gates
Commissioner Phillips
Commissioner Johnson
This Resolution passed by 1 -® vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
#92 -09
r /treas /auth- 4th.res
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