HomeMy WebLinkAbout20073091.tiff RESOLUTION
RE: APPROVE STIPULATION CONCERNING EXCESS PROCEEDS FROM REVENUE TAX
SALE OF TAXPAYER ASSETS AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Stipulation Concerning Excess Proceeds
from the Revenue Tax Sale of Taxpayer Assets among the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Weld County
Treasurer's Office, the Colorado State Department of Revenue, the City of Greeley, Equity
Development Corporation, and the United States Internal Revenue Service, with further terms and
conditions being as stated in said stipulation, and
WHEREAS, after review, the Board deems it advisable to approve said stipulation, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Stipulation Concerning Excess Proceeds from the Revenue Tax Sale
of Taxpayer Assets among the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Treasurer's Office, the
Colorado State Department of Revenue,the City of Greeley, Equity Development Corporation,and
the United States Internal Revenue Service, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said stipulation.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of October, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,E 0O/te /f• E IL SED
�i �' G�/ WS. .:v f'f► . Long, Chair
Weld County Clerk to the Board 1861 I •t% �1
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em
BY:
Deputy Clerk to the Board
il F. Garcia, Acting Chair Pro-Tem
APPROVE1 A . MQ
Robert D. Masd�en
__...--County Attorney N-T-: , �— �/�u✓
Date of signature:
3/07 Dougl Rademache
2007-3091
TR0024
C C
STIPULATION
The Colorado State, Department of Revenue ("Revenue"); the City of Greeley;
Weld County; Equity Development Corporation; and the Department of the Treasury,
Internal Revenue Service enter into the following Stipulation regarding the excess
proceeds of the Revenue tax sale of the assets of the taxpayer, Bubba's Bar-B-Que.
1. Revenue sold the assets of the taxpayer pursuant to Warrants for
Distraint for delinquent state taxes. As a result of this sale Revenue collected
$41,646.51. After deducting the costs of conducting the sale ($7,883.04) and the
taxes owed to the State of Colorado ($18,988.66), Revenue is in possession of excess
funds from the tax sale in the amount of$14,774.81.
2. Four claims were made with Revenue for these excess proceeds. The
City of Greeley claimed $86,680.00, Weld County claimed $3,507.62, Equity
Development Corporation claimed $1,490.78 and Department of the Treasury,
Internal Revenue Service claimed $176,232.61.
3. Revenue, the City of Greeley, Weld County, Equity Development
Corporation and Department of the Treasury, Internal Revenue Service have reached
an agreement with respect to the disbursement of the excess proceeds held by
Revenue. Specifically, the City of Greeley, Weld County, Equity Development
Corporation and Department of the Treasury, Internal Revenue Service agree that the
State of Colorado shall pay $14,774.81 to the Department of the Treasury, Internal
Revenue Service.
4. Revenue, the City of Greeley, Weld County, Equity Development
Corporation, and Department of the Treasury, Internal Revenue Service expressly
agree and acknowledge that they have entered into this stipulation knowingly and
voluntarily and in their best interest. Each agrees that they believe the terms of this
stipulation are lawful, fair, conscionable, and appropriate. Accordingly, this
stipulation is intended as the complete understanding between Revenue, the City of
Greeley, Weld County, Equity Development Corporation and Department of the
Treasury, Internal Revenue Service. No addition, deletion or amendments, except as
mutually agreed in writing, shall have any force or effect whatsoever.
5. This Stipulation may be executed by counterparts and signatures
delivered by facsimile, provided the original Stipulation, including the signature page,
is placed in the United States mail addressed to each party to this stipulation the first
business day following execution.
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IN WITNESS WHEREOF, the Colorado State, Department of Revenue; the
City of Greeley; Weld County; Equity Development Corporation and Department of
the Treasury, Internal Revenue Service have caused this Stipulation to be executed
this day of , 2007, at Denver, Colorado by the parties or
their representatives listed below.
Timothy Torsney Anne Drobnitch
Director of Tax Compliance City of Greeley
Colorado Department of Revenue
William F. Garcia Michael Gibson
Acting Chair Pro-Tem Equity Development Corporation
Weld County Board of County Commissioners
Department of the Treasury
Internal Revenue Service
2
IN WITNESS WHEREOF, the Colorado State, Department of Revenue; the
City of Greeley; Weld County; Equity Development Corporation and Department of
the Treasury, Internal Revenue Service have caused this Stipulation to be executed
this /7 day of,14:2007,, at Denver Colorado by the parties or their representatives
listed below. 7""""
Timothy Torsney Anne Drobnitch
Director of Tax Compliance City of Greeley
Colorado Department of Revenue
David E. Long chael ibson
Chairman Equity evelopment Corporation
Weld County Board of County Commissioners
Department of the Treasury
Internal Revenue Service
2
IN WITNESS WHEREOF, the Colorado State, Department of Revenue; the
City of Greeley; Weld County; Equity Development Corporation and Department of
the Treasury, Internal Revenue Service have caused this Stipulation to be executed
this day of 4,4"3 9- , 2007, at Denver, Colorado by the parties or
their representatives listed below.
Timothy Torsney Anne Drobnitch
Director of Tax Compliance City of Greeley
Colorado Department of Revenue
(//A
William F. Garcia Michael Gibson
Acting Chair Fro-Tem Equity Development Corporation
Weld County Board of County Commissioners
Department of the Treasury
Internal Revenue Service
2
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IN WITNESS WHEREOF, the Colorado State, Department of Revenue; the
City of Greeley; Weld C unty; Equity Development Corporation and Department of
the Treasury, Intern evenue Service have caused this Stipulation to be executed
this /7 day of y, 2007, at Denver Colorado by the parties or their representatives
listed below. Ike i' 9
imothy Torsne Anne Drobnitch
Director of Tax Compliance City of Greeley
Colorado Department of Revenue
John R. Lefebvre, Jr. Michael Gibson
Weld County Equity Development Corporation
V - atI A a, 1I
i v r /
Department of the Treasu
Internal Revenue Service
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7'-0hrtiic&i Swat, t.F-A Advise 71i
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C r
CITY OF GREELEY SIGNATURE PAGE
STIPULATION REGARDING THE EXCESS PROCEEDS OF
REVENUE TAX SALE OF THE ASSETS OF TAXPAYER, BUBBA'S BAR-B-QUE
-9' A
DATED THIS/V DAY OF A l u S F L , 2007.
CITY OF GREELEY, COLORADO 1
APPROVED AS TO LEGAL FORM:
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By: — //C �(! ,. ,- '-'(r
y Attom)y �
APPROVED AS TO S :STANCE:
By: �./��,�
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AVAILABILITY OF FUNDS:
By: 2
Director f F nance
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