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HomeMy WebLinkAboutR93-152 redemption of certificates of erroneous tax salesCommissioner moved adoption of t following Resolut on: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93 - . 16Q= FIFTH 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 and 93- 88, the Board of County Commissioners of Eagle County, Colorado (hereinafter "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 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- WHEREAS, the Treasurer has reported to the Board that inter- est payments have reached the total amount of $3120.89, and has requested authorization to continue to pay from the general fund up to an additional $4,000.00 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, excluding 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 J3*_ day of , 1993. ATTEST: By: a rk to tWe Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By: George AK Gates, Chairman ohnnette Phil Ps, ommissioner -3- C Commissioner M70' (22�a3)Q2'=— seconded adoption of the foregoing resolution. — The r(Y11 having been called, the vote was as follows: Commissioner Gates Commissioner Phillips GY Commissioner Johnson This Resolution passed by S vote of the Board of County Commissioners of the County of Eagle, State of Colorado.