HomeMy WebLinkAbout940452.tiff RESOLUTION
RE: RETURN OF INTEREST FOR LOT 17 JOHNSON SUBDIVISION FIRST ADDITION, WELD
COUNTY JOHNSON SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO. 1993-2
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 Weld County Johnson Subdivision Local Improvement District was
created May 19, 1993, per Resolution of this Board and assessment on the
individual property owners was accomplished by Resolution of this Board dated
November 3, 1993, and
WHEREAS, William Menke purchased Parcel No. 095902102005, which is Lot 17
Johnson Subdivision First Addition, on September 30, 1993, and as a result was
not mailed notice of the hearing of the assessment because notices of the hearing
were mailed September 29, 1993, and the notices of assessment were mailed to the
prior owners, and
WHEREAS, William Menke has tendered the entire principal owing to the Weld
County Treasurer plus one year's interest of $96.47, and
WHEREAS, Mr. Menke has indicated that he would have paid the entire amount
due prior to December 3, 1993, in order to avoid paying interest had he been
aware of the terms of the assessment which required payment in full of the
principal on or before December 3, 1993, in order to avoid the first year's
interest becoming due, and
WHEREAS, the Board has determined that it is just and equitable that the
interest for the first year for Lot 17 Johnson Subdivision First Addition be
returned to Mr. Menke in the amount of $96.47, under the particular circumstances
of this situation given the timing of the Resolution of Assessment and Notice of
Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the sum of $96.47, which constitutes the first year's
interest with respect to Lot 17 Johnson Subdivision First Addition, Weld County
Johnson Subdivision Local Improvement District No. 1993-2, be refunded to Mr.
William Menke, and that this payment come from the fund established for Weld
County Johnson Subdivision Local Improvement District No. 1993-2.
940452
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RE: RETURN OF INTEREST FOR LOT 17, JOHNSON SUBD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 18th day of May, A.D. , 1994.
4BOARD
,41I�r��" GG OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board eii �� 21 2
u H. Webster, air n
A ' nj�BY: iL`�/�,. ! u-Lt
Deputy C]@rk to the Board Dal . Hall, rq-Tem
APPROVED AS TO FORM: L
r eorge,e.. Baxter
gge r- J �
County Attor ey Constance L. Harbert
EXCUSED
Barbara J. Kirkmeyer
940452
AR23aayul
RELEASE OF LIEN
THIS RELEASE OF LIEN is signed this /i day of May, 1994 ,
Weld County, Colorado, by and through the Board of County
Commissioners of Weld County.
WITNESSETH;
WHEREAS, on November 3, 1993, the Board of County
Commissioners of Weld County, Colorado, by Resolution made an
assessment of costs of improvements for Weld County Johnson
Subdivision Local Improvement District No. 1993-2 , against
property described as Lot 17, Johnson Subdivision, First Addition,
Weld County, Colorado 80634, Parcel No. 095902102005, and
WHEREAS, said assessment was in the sum of $1, 302 . 37, and
WHEREAS, the owners of said parcel, William Menke, has paid
the entire assessment of $1,302 . 37 .
NOW, THEREFORE, Weld County, Colorado, by and through the
Board of County Commissioners of Weld County, hereby declares that
the lien created by the above described Resolution against the
above described property is satisfied in full and is hereby
released from said property.
B 1441 REC 02388431 05/13/94 14:03 $0.00 1/002
F 1702 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940452
ATTEST: J WELD COUNTY, COLORADO, BY AND
F r t�� �kG�G THROUGH THE BOARD OF COUNTY
Sys , ? COMMISSIONERS OF WELD COUNTY
CLERK ter a L 'aA; ppt
COUNTY ' ti a N 45 fps ) �
Deputy Clerk to the F:oard William H. Webst r, C airman
rmenke.db
B 1441 REC 02388431 05/13/94 14 : 03 $0. 00 2/002
F 1703 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940452
1 tatilli-4 m amoRAnDunI
Bggirdd of County Commissioners Date May 10, 1994
COLORADO , Lee D. Morrison, Assistant Weld County Attorney
subject/act 17, Johnson Subdivision, First Addition,
Purchased by William Menke
Mr. Menke purchased Lot 17 of Johnson Subdivision, First Addition,
Parcel No. 095902102005 September 30, 1993 . This was purchased
from Raymond and Kathleen Larson. Mr. Menke recently proposed to
pay his local improvement assessment but felt that he should not
have to pay the first years interest in the amount of $96 . 47
because he did not have notice that the payment was due prior to
December 3, 1993 . He contends that he would have paid the entire
principal owed prior to that date had he known that he could avoid
interest by doing so. Mr. Menke has paid everything including the
first years interest under dispute, and on the understanding I
would provide you this information regarding the disputed amount.
The argument of Mr. Menke is basically that the property changed
hands between the time the district was created and the time of
assessment. In fact, the owners on September 29, 1993, when the
notice of the hearing on the assessment was mailed were the
Larsons . The notice following the hearing when the assessment was
created was still mailed to the Larsons who apparently did not pass
on to the Menke' s .
The contrary argument is that the Menke ' s had notice that there was
a local improvement district being created and had a duty to
inquire further to determine the terms . However, I can find no
indication that the creation resolution was recorded and therefore
Mr. Menke' s argument is supported by the argument that the first
time he was bound to have notice was when the resolution of
assessment was recorded which was after the time he had closed and
taken possession of the property. From a legal standpoint, it
could be argued that Mr. Menke had sufficient knowledge that he
could have determined what the terms of the payment were. From an
equitable standpoint, Weld County did not mail notice to him even
though he was the land owner of record on the date of the hearing.
The Board could let matters stand or could order by resolution a
return of the interest of $96 . 47 to Mr. Menke.
Return Don' t Return Work
Interest Interest Session
Bill Webster
George Baxter
Barbara Kirkmeyer ✓✓
Dale Hall
Connie Harbert
pc : Don Warden
Bruce Barker
Mike Loustalet
940452
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