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HomeMy Public PortalAbout14711 SPECIAL TAX BILL NO. 14711 SPECIAL TAX BILL for the maintenance of E. McCarty Street in the City of Jefferson, Missouri. OFFICE OF THE CITY CLERK City of Jefferson Ruth Wolken,d/b/a A.J. Rackers, Inc., owner(s) of the hereinafter described lot or piece of ground, in the City of Jefferson, Missouri, located at: E. McCarty Street PROPERTY ID 11 05 15 0003 002 008 To City of Jefferson, for work done and materials furnished on said property and chargeable as a lien against the hereinafter described lot or piece of ground in said City of Jefferson, $115.00; said work having been executed as follows: Cutting weeds & grass $60.00 Administrative Costs $55.00 TOTAL DUE $115.00 I, Phyllis Powell, City Cleik of the City of Jefferson, Missouri, do hereby certify that on April 24, 1995 said Department of Planning &Code Enforcement did certify to said City Clerk that the above costs were accrued by the City of Jefferson for the maintenance of the property located at E. McCarty Street and that said costs were for the purpose of bringing the condition of the property into compliance with the Code of the City of Jefferson. I further certify that this tax is a lien against the lot or piece of ground therein described, and bears interest at a rate not exceeding the rate on ten-year United States treasury notes established at the auction immediately preceding the date of certification of this bill from 60 days after the issue thereof, until paid. 3Iit Witiuta Whereof, 1 have hereunto subscribed y name and affixed the corporate seal of the City of Jefferson,this a4 day of 19 �.> . (//44th fp, City Clerk Approved by me this 94-4 day of 4/ph � , 19 . .61 - Mayor Received payment in full and released this // day of \1 ,<<.c-/, 194:45-- by 99cby - I Signature C6-5--- Title ,.� / I u' u�r ,cWa,onsr no ----- . ---�`r,�,,r���rr-- 10/05/95 PhoPA Enter/Change Cash Receipts ADD Deposit No. . . . . . . . . . . : 91412 Deposit Date. . . : 9/14/95 Cash Receipt Number. . : 14809 Receipt Total . . : 6, 204. 33 *** VERIFY *** . Key Code. . . . . . . . . . . . . : WEED Weed Tax Bill Transaction Amount . . . : _ 11500 . Amount Tendered. . . . . . : ^ ^ ^ ^ ^ ^ -- -- -- /404. Customer ~=-W� Customer Account #. . . : Receipt Description. . : #14711-RUTH WOLKEN General Ledger Number : 1000 0000 0310 0080 Cash Account Number . . : 100<} 01{}10<X}0 F3=Eat Dirt NW F8=Cash F9=Check F10=Charge Application Inquiries: F11=Inquiry F16=Display Transactions F18=Same Account INTER MEMO OF F ICE To: Keith DeVault • From: Phyllis Powell, City Clerk FA j Subject: Outstanding Tax Bills g Date: April 21, 1995 While working on my Special Tax Bill file, I noticed two tax bills which are"in limbo" at the moment because of unique circumstances surrounding the property owners (see attachments). 1. Regarding Tax Bill 14703 -Has the dispute over property ownership been settled yet so the City can properly issue a tax bill? 2. Regarding Tax Bill 14711 -I will write Ms. Wolken's attorney and send her a copy of the tax bill so she will know what to return to us, then re-issue the same tax bill under the `12 / same number. So when you receive a copy of a tax bill with the same number, it will NY) supersede the original version. If you have any questions, please let me know. attachments XRLIEN DATE 09/07/95 REAL. ESTATE LIENS FOR JEF POST DATE 08-95 ACCOUNT NAME PARCEL NUMBER POST DATE LIEN 20027 RACKERS, A J INC 11-05-15-0003-002-008 08-28-95 115.00 !L�7�j Rackers, A J Inc 11-05-15-0003-002-008 155.00 �� 7G'I TOTAT. 270_nn s a r.� 4 t. jE 31 10y � :' !IL'= City ofJefferson ; :gr `. Duane Schreimann 11 - Mayor 320 E. McCarty Street r /;. Phyllis Powell Jefferson City,MO 65101 *_�.. •:r City Clerk Phone: (314) 634-6311 Fax: (314) 634-6329 April 24, 1995 Ms. Ruth Wolken 3156 Algoa Rd. Jefferson City, MO 65101 RE: Special Tax Bill 14711 Dear Ms. Wolken: We are re-issuing Special Tax Bill 14711 on property owned by A. J. Rackers Company which was previously issued, and you subsequently stopped payment on the check for that tax bill. I am also enclosing a photocopy of the original tax bill which indicates that it was paid in full before the City realized you were stopping payment on the check. Would you please return that original, tax bill which indicates a release date of August 25, 1994, to my office so we may be able to void that transaction? If you have any questions, please let me know. Sincerely, E: yt.7;41,-7-1 flw-i-ei hyllis Powell City Clerk enclosures cc: Planning & Code Enforcement Cole County Abstract Finance Department INTER OFFMEMO ICE To: vPhylhs Powel,City Clerk Bette Wordelman,Finance Director Charles Lansford,Planning&Code Enforcement Keith DeVault,P1 ning &Code Enforcement From: Allen Gamer Subject: Special Tax Bil 4711 Date: February 23, 1995 In response to the memo and attached materials I received from Phyllis Powel regarding Special Tax Bill 14711 issued against property owned by A.J. Rackers, Inc., I have been in contact with Ms. Wolken, the writer of the check upon which payment was stopped. The question presented by Ms. Powell's memo was how to proceed with collection of the account. The reason payment on the check was stopped by Ms. Wolken is that the property at the time of collection was involved in a bankruptcy case in which a stay order prohibiting any and all creditors, including the City,from taking any actions to secure payment of amounts owed them had been entered by the federal court. Ms. Wolken was advised by her attorney, Christy Barton, that she had no legal obligation to pay this amount and that the attempts to collect it were probably in violation of the federal court order. After speaking to Ms.Wolken and obtaining the name of her attorney,I called Mr.Barton's office to speak with him. Mr. Barton had forwarded a letter to the county collector informing him of the bankruptcy status and the reason for the stop payment. A copy of this communication will be sent by Mr. Barton to my office. Mr. Barton also informed me that the bankruptcy proceedings have now concluded and the stay order is no longer in effect. If the City wishes to pursue its tax lien against the property it is now free to do so. It should be noted the tax lien is against the property and the owner of the property and while strangers may gratuitously volunteer to pay this amount, the City should not pursue collection of amounts owed beyond the registered owner of the property. I informed Mr. Barton during our conversation that the original tax bill which had been released and returned upon request of the check upon which payment was stopped needs to be returned to the City. He expressed the opinion that Ms. Wolken still had the release in her possession. In my earlier conversation with her, she indicated a willingness to return any paperwork she might have to the City but was unsure as to what she had. Once the tax bill has been returned to the City, a duplicate original should be prepared utilizing the same number. AG:skl Attachments cc: Gary Kempker,Acting City Administrator C:\correAMEMO.STB • C l r;s'hq • (3Qr{an 7:5= (1- 9-41'41<14 frer.ft L4,0 MEMORANDUM PI i�" s" �,,, MORANDUM CA r 4 %/Itipm 4:tki +22 DATE:, February 3, 1995 TO: City Counselor Allen Ga = FROM: Phyllis Powell, City Clerk tor 444c RE: Special Tax Bill 14711, A. J. ackers (Wolken) {I 1utt1^4n JAL ' S,v��ra - The attached documentation pertains to the above-referenced tax bill which was paid by check then subsequently the property ownerstopped payment on the check. At the time the City received the check, we followed the established procedure; the original tax bill bearing the seal of the:City was signed "released" and sent to the property owner, and written off in the tax bill ledger. Ms. Wolken has told both the City and County that her attorney advised her to stop payment on the check. After we were notified that payment had been stopped on the check, Planning & Code has indicated they still want..to proceed with collection. The County Collector's office informs me that county records indicate taxes have not been paid. Since the property owner stillholds the original tax bill indicating it is released, should I issue a new tax bill with the same number? can make notation in the City's tax bill ledger that the original bill is not truly released, but the property owner still has that original tax bill with the signature indicating release. Please advise the proper way to continue pursuing collection. cc: Dave Johnston, City Administrator Charlie Lansford NR CENTRAL, BANK 08/30/94 WE HAVE CHARGED YOUR ACCOUNT FOR THE FOLLOWING DEPOSIT RETURN ITEMS) : MAKER REASON AMOUNT L WOLKEN PAYMENT STOPPED ) % 115. 00 /(1 ‘i TAY 814- 147/ CITY OF JEFFERSON — GENERAL Total Items : CENTRAL MOTOR BANK 1 Total amount : 115. 00 ACCOUNT # CHARGED: 150002 LEONARD A. OR RUTH K. WOLKEN 10-87 4 8 0 DL W154-4935-0390-1618 1 3156 ALGOA RD PH 635-6532 6082 JEFFERSON CITY, MO 65101 , KAIIII n Pay to the f I/ ., ,`( �j�.� 1 order _ --- - ,A/LX, 7)-k' k•.,.. •,1� e •�' �G'�' \-/` Doll. MP�QYMENT SECURITY C- 'I Jl FER N CITY,MO 65104 �• 08 231:00000000 L 3 5 ?n 0 4 �I 80 '00000 L L 500:I` 28 6 58 . • • • Z of : 47.1" COW Louise Gardner � eerson MAYOR 320 E.McCarty St. 314-634-6300 Jefferson City,Missouri 65101 FINAL NOTICE You are hereby notified that the City of Jefferson holds a check signed by you and returned by your bank. Division06 ;,. 4,L4-49 Amount rr ,D D Date y- l 9 Returned Check Charged /(J•lJ Reason for Return j %�2o�c TOTAL TO REMIT' / 676e The writing of this check is a crime under the Revised statutes of Missouri, punishable by fine and/or imprisonment. You are asked to make your remittance, by money order or cash only for the amount indicated above. If you fail to pay this check WITHIN SEVEN.DAYS from the receipt of this letter the matter will be referred to the Office of the Cole County Prosecuting Attorney - for prosecution. To avoid further legal action, please contact this office immediately at 634-6323 . Sincerely, c Uje- • Vicki D' Eagle Business Services Administrator • • tty O!'l,�f'Q • f 4a� py • • Jefferson Louise Gardner. MAYOR 320 E.McCarty St. .� 314-634-6300 Jefferson City,Missouri 65101 September 8 , 1994 Mr . .:Mrs . Leonard Wolken 3156 Algoa Rd . Jefferson City, MO 65101 Dear Mr . - Mrs . Wolken : You are -hereby notified that the City of Jefferson holds. a Check signed by you and returned by your bank . Division: City of Jefferson Date of Check : August 19 , 1994 Amount ' of Check : $ 115 . 00 Returned Check Charge : 10 . 00 • • $ 125 .00 TOTAL TO REMIT The purpose of this check is to give you an opportunity within TEN DAYS of this letter to arrange with• the FINANCE DEPARTMENT to pay this check. You are asked to make your . remittance by money order or cash and to paya $10 . 00 returned check charge.. At: the time of payment , we will return the original check to you. Sincerely, . Vicki D ' Eagle Accounting Assitant' II RECEIVED FEB 1 3 ?-995 Law Offices PRACTICE LIMITED TO C. CHRISTY BARTON TAX, BUSINESS AAD ESTATE PLANNING Attorney and Counselor 125 East High Street Post Office Box 175 Telephone (314) 636-6187 Jefferson City, MO 65102 Facsimile (314) 636-6189 CG ' ev-e-r( February 10, 1995 V Dig Mr. Allen Garner City Counselor 320 E. McCarty Street. Jefferson City, MO 65101 Re: A.J. Rackers, Inc. bankruptcy Dear Allen:. Pursuant to our telephone conversation yesterday, I have enclosed a copy of my letter of August 26, 1994 letter to the county collector explaining my reasons for advising Ruth Wolken to stop payment on the check she delivered to the collector for delinquent real estate taxes on a tract of land owned by A.J. Rackers, Inc. The contents of the enclosed letter should adequately explain the basis for my advice to Mrs. Wolken. With respect to the "paid receipt" which the collector's office probably gave to Mrs. Wolken, I am simultaneously contacting her and asking her to return that receipt, if she still has it. If you need any other assistance, please let me know. Yours sincerely, o' , /e r-s-; C. Chri'l$ B, CCB:hw Member: AMERICAN ACADEMY OF ESTATE PLANMNG ATTORNEYS Law Offices PRACTICE LIMITED TO AD C. CHRISTY BARTON TF`'STA7E PIANM' NGG Attorney and Counselor 125 East High Street Post Office Box 175 Telephone (314) 636-6187 Jefferson City, MO 65102 Facsimile (314) 636-6189 August 26, 1994 Mr. William "Skip" Rich County Collector Cole County Courthouse Jefferson City, MO 65101 Re: A. J. Rackers, Inc. real estate Dear Skip: On the morning of August 22nd I met with Ruth Wolken who was one of the former shareholders of A. J. Rackers, Inc. She informed me that she had just paid the 1991, 1992 and 1993 real estate tax assessments (plus penalties) against the corporation's property on East McCarty Street. As you may be aware, A. J. Rackers, Inc. is the debtor in a Chapter 7 bankruptcy proceeding pending in the U.S. Bankruptcy Court for the Western District of Missouri, case no. 93-20595-C. As a consequence of the bankruptcy proceeding, 11 U.S.C. §362(a)(5) prohibits "any act to . enforce against property of the debtor any lien" which "arose before the commencement of the [bankruptcy] case". Since the bankruptcy case was commenced in 1993, any attempt to enforce real estate tax liens for 1992 and any year prior thereto are prohibited by §362(a)(5) of the Bankruptcy Code. Moreover, it is quite likely that if the A. J. Rackers, Inc. propertyhad been sold for taxes on August 22nd, the sale would have been void because of the violation of the automatic stay provisions of §362(a).. What I advised Mrs. Wolken to do under the circumstances was to stop payment on the check or checks which she delivered to your office for,payment of 1991, 1992 and 1993's real estate taxes for A. J. Rackers, Inc. If your office wants to take any further action respecting the collection of real estate taxes for 1992 (and any year prior thereto) before closing of the A. J. Rackers, Inc. bankruptcy case, it will be necessary to seek relief from the automatic stay in the bankruptcy court itself. Member: AMERICAN ACADEMY OF ESTATE PLANNING ATTORNEYS .1' Mr. William "Skip" Rich August 26, 1994 Page 2 Rather than have you speculate about why Mrs. Wolken stopped payment on the check(s) for real estate taxes, I thought this explanation would be helpful. If you have any questions, please feel free to call me. Yours sincerely, C. Christy B. ' CCB:hw - cc: Ronald J. Prenger Jack E. Brown, Trustee Mr. and Mrs. David L. Rackers Mr. and Mrs. Paul S. Rackers Mr. and Mrs. Leonard Wolken Mr. and Mrs. William McClain Mr. and Mrs. Leo Prenger Member: AMERICAN ACADEMY OF ESTATE PLANNING ATTORNEYS i MEMORANDUM DATE: February 3, 1995 TO: City Counselor Allen Ga - +! FROM: Phyllis Powell, City Clerk RE: Special Tax Bill p 14711, A. J. ackers (Wolken) The attached documentation pertains to the above-referenced tax bill which was paid by check then subsequently the property ownerstopped payment on the check. At the time the City received the check, we followed the established procedure; the original tax bill bearing the seal of the:City was signed "released" and sent to the property owner, and written off in the tax bill ledger. Ms. Wolken has told both the City and County that her attorney advised her to stop payment on the check. After we were notified that payment had been stopped on the check, Planning &Code has indicated they still want'to proceed with collection. The County Collector's office informs me that county records indicate taxes have not been paid. Since the property owner still holds the original tax bill indicating it is released, should I issue a new tax bill With the same number? can make notation in the City's tax bill ledger that the original bill is not truly released, but the property owner still has that original tax bill with the signature indicating release. Please advise the proper way to continue pursuing collection. cc: Dave Johnston, City Administrator Charlie Lansford CENTRAL„ BANK. 08/30/94 WE HAVE CHARGED YOUR ACCOUNT FOR' THE FOLLOWING DEPOSIT RETURN ITEMS) : MAKER REASON AMOUNT L WOLKEN PAYMENT STOPPED 115. 0121 5' D l,9 Ayl aiLL /41/1 CITY OF JEFFERSON — GENERAL Total Items : 1 CENTRAL MOTOR BANK Total amount : 115. 00 ACCOUNT #k CHARGED: 150002 LEONARD A. oR'RUTH K. WOLKEN 10-87 -D.!W154-4936-0390-1618 480 3156 ALGOA RD PH 635-6532 JEFFERSON CITY, MO 65101 I • ' ,- j.r ,, 8062 mink Pay to the . ( Order of /___../. c?K L.-+ . . el ' 1 0 *t`•—ri' LLL L )� -.011Lrnr c .k16Dollar 0 ® EMPLOYMENT SECURITY C- IDI .N JEFFERSON,,CITY,MO 65104 For(2 LAA, , J1! (�`1-z'- i 1.1. L)d--e ir<- =I: 286 5808 2 31:0000000 7 L L 35 7004E10 ,1°00000 L L 500x1' ENDORSE CHECK HERE• X MR DEPOSIT ONLY The Central Trust Bank To The Accourit-Of • VW OF JEFFERSON - - General Bank Account - Ff6aric. Debt DO NOT SIGN WRITE I STAMP BELOW THIS LINE ...• FOR FINANCIAL INSTITUTION USAGE ONLY • • • . • . , . • • O.!' ` • ' 0 • I va4 j • 4'10 •;.• Jr,' ;• •.. • '; • ;le; oil II •; , _ . • • 41:. • • • . _ 'FEDERAL RESERVE BANK REGULATION CO .7 00 or itiNo • CiTy • L1 ,J Jefferson : Louise Gardner MAYOR 320 E. McCarty St. 314-634-6300 Jefferson City, Missouri 65101 September 8 , 1994 Mr . ,Mrs . Leonard Wolken 3156 Algoa Rd . Jefferson City, MO 65101 Dear Mr . .'Mrs . Wolken : You are hereby notified that the City of Jefferson holds a Check signed by you and returned by your bank . Division : City of Jefferson Date of Check : August 19 , 1994 Amount of Check : $ 115 . 00 Returned Check Charge : 10 . 00 $ 125 . 00 TOTAL TO REMIT The purpose of this check is to give you an opportunity within TEN DAYS of this letter to arrange with. the FINANCE DEPARTMENT to pay this check . You are asked to make your remittance by money order or cash and to pay a $10 . 00 returned check charge . At the time of payment , we will return the original check to you. Sincerely, (L/:-Z/42- ° Vicki D ' Eagle Accounting Assitant II • uityof Jefferson . MAYOR 320 E. McCarty St. 314-634-6300 Jefferson City,Missouri 65101 FINAL NOTICE 721, 2e4e1-/-7- You are hereby notified that the City of Jefferson holds a check signed by you and returned by your bank. H : °fl visi � ount ( Date g, Returned Check Charge' /LJ•U v Reason for Return �/ . d TOTAL TO REMIT The writing of this check is a crime under the Revised statutes of Missouri, punishable by fine and/or imprisonment. You are asked to make your remittance, by money order or cash only for the amount indicated above. If you fail to pay this check WITHIN SEVEN DAYS from the receipt of this letter the matterwill be referred to the Office of the Cole County Prosecuting Attorney for prosecution. To avoid further legal action, please contact this office immediately at 634-6323 . Sincerely, 04(j61)c . Vicki D'Eagle Business Services Administrator MEMORANDUM DATE: August 25, 1994 TO: Vicki D'Eagle • FROM: Phyllis Powell, City Clerk ; r RE: Tax Bills 14712, 14713, 14702, 14696, 14671 for Patricia Long (Tax Bil1:14719"for A. J. Rack ser ..(Wolke) I I am forwarding check no. 3081 in the amount of$852.50 to pay the above tax bills listed for Patricia Long; and check no. 480 in the amount of$115.00 to pay for the above tax bill listed for A. J. Rackers (Ruth Wolken). The total amount for the tax bills for Patricia Long is $850.00, so the check is $2.50 over the amount needed to release the above listed bills. However, the County Collector's office is sending another check in September for the amount of$547.50 (which will be $2.50 less than needed to release the remainder of the tax bills due). So the $2.50 overage this time can be applied to the tax bills remaining and that will even out the $2.50 shortage of the check that's coming. L.11 / ur Jimrht.KUN, MU --- MH0011bl 8/26/94 Enter/Change Cash Receipts ADD Deposit No. . . . . . . . . . . : 82505 Deposit Date. . . : 8/25/94 Cash Receipt Number. . : 11598 Receipt Total . . : 137, 957. 64 Key Code ^ WEED Weed Tax ~ : 1 ‘.~ Transaction Amount . . . : 1150: Amount Tendered. . . . . . : (u/D�1 » ' - C lr ^ customer Account # —��- �. . . . : ` / � Receipt Description. . . #14711-A. J. RACKERS 41^.; ' General Ledger Number : 1000 0000 031{0 0080 Cash Account Number . . : 1000 0101 0000 F3=Eat Dirt NW F8=Cash F9=Check F10=Charge Application Inquiries: F11=Inquiry F16=Display Transactions F18=Same Account CITY OF JEFFERSON, MO RA0011S1 8/26/94 S SPECIAL TAX BILL NO. 14711 SPECIAL TAX BILL for the maintenance of E. McCarty Street, in the City of Jefferson, Missouri. OFFICE OF THE CITY CLERK City of Jefferson A. J. Rackers, Inc. owner(s) of the hereinafter described lot or piece of ground, in the City of Jefferson, Missouri, located at E. McCarty Street; Property ID 11 05 15 0003 002 008. To City of Jefferson, for work done and materials furnished on said property and chargeable as a lien against the hereinafter described lot or piece of ground in said City of Jefferson, $115.00; said work having been executed as follows: Cutting weeds & grass $60.00 Administrative Costs $55.00 1 TOTAL DUE $115.00 I, Phyllis Powell, City Clerk of the City of Jefferson, Missouri, do hereby certify that on the 24th day of May; 1994, said Department of Planning & Code Enforcement did certify to said City Clerk that the above costs were accrued by the City of Jefferson for the maintenance of the property located at E. McCarty Street, and that said costs were for the purpose of bringing the condition of the property into compliance with the Code of the City of Jefferson. I further certify that this tax is a lien against the lot or piece of ground therein described, and bears interest at a rate not exceeding the rate on ten-year United States treasury notes established at the auction immediately preceding the date of certification of this bill from 60 days after the issue thereof, until paid. IN WITNESS WHEREQ� have here to subscribed my name and affixed the corporate seal of the City of Jefferson, this `I ff day of .st 4— , 19 9ii 9 A .,„..., g:144),il/ City Cler Approved by me this 7 day of 4(? , 19FK • ice! - - -- - /�_.� May.r / Received payment in full and released this awd ay of auG , 19 94. • C``y Of /(-:tt. 'PJ 04,• C py Jefferson Louise Gardner MAYOR 320 E. McCarty St. 314-634-6300 Jefferson City, Missouri 65101 • A. J. Rackers, Inc. 5501 Rackers Rd. Jefferson City, MO 65101 Dear A. J. Rackers, Inc.: Enclosed is Special Tax Bill No. 14711 which has been issued against your property located at E. McCarty Street, Jefferson City, Missouri. The City has placed this lien against your property to collect funds expended by the City for nuisance abatement on this property. Thislien must be paid in full before it will be released from our records. A copy of this lien is being sent to the Cole County Collector's Office for inclusion in your property assessment. If you have any questions or comments, please call my office at 634-6311. • Sincerely, • glAILl-4:1 gi Phyllis Powell City Clerk June 6, 1994 • Enclosure cc: Planning & Code Enforcement Cole County Collector Finance Department pt _ 4 - 22-) -q DATE SENT TO CITY CLERK: June 3, 1994 CERTIFICATION OF COST Property ID #: 11 05 15 0003 002 008 Subdivision/ BEG 609.2' SE OF W LN PS2701 ALONG N LINE E MCCART' ; Property Description: NE 320' ; NW 41 ' ; NE 328.5' ; SE 209' ; SW 258.7' ; NE 141.96' ; SW 355.5; ; NW 257.05 ' Property Address: E. McCarty St. Person of Ownership: A. J. Rackers Inc. Mailing Address: 5501 Rackers Rd. Jefferson City, MO 65101 I hereby certify that the following expenditures have been incurred by the City of Jefferson: Date work done Type of work Cost May 24, 1994 Cutting weeds and grass $60.00 Administrative cost: $55.00 (long distance telephone calls, mailing, posting of property, sign materials, search of ownership) TOT $115.00 Charles Lansford