HomeMy Public PortalAboutDocs - 15072 legal opinion interoffice
MEMORANDUM_
To: Law Dept.
From: Phyllis Powell q1-
Date: December 4. 2000'J
Subject: Special Tax Bill opinion
I received a call today from Steve Geary who stated that he had purchased sale the property on
Hamlin St. which the attached Special Tax Bill was issued against on Aug. 13, 1999. He stated
he purchased the property in August, 1999, at the County's Tax Certificate sale, which would
have been the same time the original tax bill was issued to Patsy Basinger, who owned the
property at that time. The bill was included in the 2000 annual turnover of delinquent bills to the
tax collector (in September of each year), and appeared on Mr. Geary's (the new owner) property
tax bill which just came out from the County.
Since this bill was not included in the tax bill sale, and Mr. Geary purchased the property at the
County Tax Sale, what does the City do in this situation? The County has asked for an answer as
soon as possible so they will know whether or not this should be removed from Mr. Geary 's
property tax bill.
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CityofJefferson t..-..P.1.40006;m�, .o
tV Thomas P. Rockers
� ._ i Mayor
320 E. McCarty Street ` i Phyllis Powell, C.ILIC/AAE
Jefferson City, MO 65101 City Clerk
Phone: (573) 634-6311
Fax: (573) 634-6329
December 27, 2000
Mr. Steven Geary
176 Franklin Street
Holts Summit, MO 65043
RE: Special Tax Bill 15072
Dear Mr. Geary.
Following your telephone call a couple of weeks ago about the above-referenced Special Tax Bill,
I requested a legal opinion from City Counselor,Allen Gamer,regarding the matter. Mr. Gamer has
issued the following legal opinion: "According to the records, this bill was issued on the 13`h day of
August, 1999, and was properly endorsed upon the City records as of that date. It appears from the
note drat Mr. Gerry purchased the property on August 23 after this tax lien had been properlyfiled.
Therefore, the property remains subject to the tax lien."
It seems that this was a matter of timing: the tax bill in question was the last tax bill issued on this
property,after the date that all others had been turned over for County Tax Sale, and during the time
• period when the information about the tax sale was being advertised in the local newspaper.
Sincerely.
Phyllis Powell, City Clerk
E-dfail. ClerkofJC@aol.com World Wide Web: hup://www.jejjcim.com/ciryclerk
MEMORANDUM
Voice (573)634-6315, Fax (573) 634-6504
E-Mail: AGarner@JeffCityMo.org
JeffCitvMo.org
TO: Phyllis Powell
FROM: B. Allen Gamer, City Counselor
RE: Special Tax Bill Opinion (Steve Geary)
DATE: - December 18, 2000
I have reviewed your request for an opinion regarding the validity of Special Tax Bill No. 15072.
According to the records, this bill was issued on the 13'h day of August, 1999, and was properly
endorsed upon the City records as of that date. It appears from the note that Mr. Geary purchased
the property on August 23ro after this tax lien had been properly filed. Therefore, the property
remains subject to the tax lien.
If you need anything further, please let me know.
BAG/cl
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County'Collector
1993 TAX SALE
CITY LEINS COLLECTED
NAME AMOUNT
✓ Patsy Basinger $410.00
,/ Lee Roy Black $460.00
,/ Barbara Chandler & $335 .00
Patsy Long
./Bruce Johnson $180.00
Lena Holland $105.00
TOTAL $1490.00
3494:_
WIN:.."SKIP"RICH; COLLECTOR:- to.eo
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