Loading...
HomeMy Public PortalAboutORD11056 BILL NO. 88-30 SPONSORED BY COUNCILMAN HALSEY ORDINANCE NO. //O�� AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A LIEN CREATED BY SPECIAL TAX BILL 12214. WHEREAS, Special Tax Bill 12214 was issued in favor of the E.P. Barnett Construction Company in 1959; and WHEREAS, The E.P. Barnett Construction Company is no longer in business and no successor has assumed their records; and WHEREAS, No records can be found concerning this Construction Company; and WHEREAS, Statute of Limitations would prohibit any enforcement actions towards collecting this Tax Bill after January 1, 1970; and WHEREAS, Owners of the lot subject to tax lien 12214 have placed in escrow with the City of Jefferson, the sum of $2,891.25 to guarantee this tax bill for purposes of closing a real estate transaction. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Any lien created by Special Tax No. 12214 is hereby relinquished. Section 2. The City Clerk is hereby directed to release any and all liens created by Special Tax Bill 12214. Section 3. The Director of Finance is hereby ordered to refund the money placed in escrow with the City in the amount of $2,891.25 to the people who placed the money in escrow, that being Margie Brucks, Virginia Haidiman, Wanetta Maddox and Joan Bean. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. Passed 5 Approved l'P �p PKU lop Presiding Officer or ATTEST: L A l)[h , 0 City Clerk ® MEMORANDUM TO: Mayor Louise Gardner City Council Members FROM: Allen Garner City Counselor Cf A DATE: June 9, 1988 RE: Special Tax Bill 12214, Joseph & Ida Klug In March of this year, a certain tract of real property within the City was transferred. During title examination in conjunction with this private sale, it was discovered that three tax bills had been issued against the property which were not shown as having been paid. The sellers were able to produce proof that two of these three had indeed been paid, but had not been released on the City records. No records could be found pertaining to the third tax bill issued in favor or E.P. Barnett Construction Co. The E.P. Barnett Construction Company is no longer in business and E.P. Barnett died unmarried and without children fifteen years ago. Because of concerns involved in this real estate transaction and desire to proceed to close, it was agreed the City .would be paid the amount due and owing on the remaining tax bill and would hold that money pending resolution of the liability. At the time it was agreed to hold this money it was made clear to the sellers and their attorney, Mr. Ronald Prenger, that the burden to resolve the issue would remain on them. A letter has now been received reflecting the research on the subject, including statutory authority on the duration of liens. Based on their research and my own, it appears that the statute of limitations would prohibit the City from enforcing this lien after January 1, 1969 or at the latest January 1, 1970. In order to clean up the City records on this matter, an ordinance is being prepared waiving any rights of the City to collect this amount and releasing the tax lien created by Special Tax No. 12214. If you have any questions or comments, please let me know. bmc