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
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Presiding Officer or
ATTEST:
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City Clerk
® MEMORANDUM
TO: Mayor Louise Gardner
City Council Members
FROM: Allen Garner City Counselor
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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.
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