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HomeMy WebLinkAbout860371.tiff RESOLUTION RE: APPOINTMENT OF SPECIAL COUNSEL 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, by order dated March 14 , 1986 , the Bankruptcy Court for the Northern District of Texas granted an application by Great Western Sugar Company to sell its assets in Weld County, free and clear of the outstanding liens for real and personal property taxes, and WHEREAS, real and personal property taxes are due Weld County on said assets from the bankrupt, Great Western Sugar Company, for the years 1984 , 1985 , and 1986 , no part of which have been paid, and WHEREAS, it appears to the Board of County Commissioners , that it is in the best interests of Weld County to retain special counsel, knowledgeable in bankruptcy practices and licensed to appear before the United States Bankruptcy Court for the Northern District of Texas to represent the interests of Weld County and the collection of its taxes through appropriate legal proceedings, and WHEREAS, the Counties of Logan, Morgan and Sedgwick also have outstanding balances due and owing from Great Western Sugar Company for taxes that have not been paid, and WHEREAS , said Counties have agreed to coordinate their collection activities with those of Weld County, and WHEREAS, Bill C. Hunter, a Professional Corporation, 2 Forest Plaza, Suite 170 , 12201 Merit Drive, Dallas, Texas 75251 , has been highly recommended as a duly licensed attorney of the United States District and Bankruptcy Courts for the Northern District of Texas , knowledgeable in bankruptcy practice , and WHEREAS, Bill C. Hunter, a Professional Corporation, has agreed to represent the Counties of Logan, Morgan , Sedgwick, and Weld for the sum of two hundred dollars ($200) per hour, to be allocated in proportion of each County' s respective taxes due to the sum total of all taxes due and payable, and WHEREAS , the aforementioned Counties are agreeable to the allocation of payment of said fees in the proportion that each individual respective County' s taxes bear to the aggregate sum of all taxes due and payable, and CA000l CC : cm_ 860371 PAGE 2 RE: APPOINTMENT OF SPECIAL COUNSEL WHEREAS, pursuant to said formula , Weld County will pay an amount equal to 22. 171 percent of the monies billed by Bill C. Hunter, a Professional Corporation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that pursuant to Section 5-4 of the Weld County Home Rule Charter, Bill C. Hunter, a Professional Corporation, is hereby appointed special counsel to represent the interests of the weld County Treasurer, Francis M. Loustalet, in the collection of real and personal property taxes owned Weld County by Great Western Sugar Company. BE IT FURTHER RESOLVED by the Board that Bill C. Hunter, a Professional Corporation, will be compensated at the rate of two hundred dollars ($200) per hour, of which Weld County shall pay 22. 171 percent thereof in accordance with the allocation formula above set forth among Logan, Morgan, and Sedgwick Counties. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of April, AA..D�.,,,L1986 . ATTEST: " A Q Idt4f BOARD OF COUNTY COMMISSIONERS (/ WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacque ,, Johnso• Chairman • • a • , o-Tem eputy County erk APPROVED AS TO FORM: ' r Ge e R. :r.— er C / c' C.W. ,R' rby r 7 County Attorney Fr k Yamagu i 860371 Hello