HomeMy WebLinkAboutResolution-1971-0110
RESOLUTION NO. 110
SRl'ies of 1971
W~EREA5, the City of Wheat Ridqe has statutorilv
assumed the responsibilities of the Wheat Ridqe Recreation Dis-
trict, now dissolved; and
WHEREAS, there exists ~15,769.54 in the Jefferson
Countv Treasury that should riqhtfullv be spent in favor nf the
now dissolved District; and
WHEREA~ in the attached letter there is an aqreement
outlined whereby the Citv of Wheat Ridqp mav become recipient
of the aforementioned funds, enabling it to fulfill certain ob-
lioations of the dissolved distrir.t,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Wheat Ridqe to qive aoproval and consent to the
attached aOrF'!ement and establish nrocedures for +;he 8xpp.nditlJre
of said funds.
DONE AND RESOLVED THIS 18th
dav of March, A.D.,
1971 by a vote of 5 _ to _D
atlz/ rtJI'J~
A_bert E. tndprson
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ATTES-I:
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Louise F. Turner
['i+,v Clerk
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JEFF r-::l.-...SOl-:J
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OISTIHCT NO 2 lAI',l......:'::;.OO
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BOA ROO FCC G:m r. 0 ;," /,11 S S I 0 iJ E R S
JACK L. T."EZISE
COURTHOUSE. 1700 ARAPAHOE
GOLDEN,COLORADO
DISTRICT f'jO. 3 GO<..DlN
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March 11, 1971
City of Whe;clt R,idge
7390 West 38th Avenue
Wheat Ridge, Colorado 80033
Attention: Mayor Albert E. Anderson
Re: Agreement for Distribution of
Recreation District Funds
Dear Mayor An8erson:
Mr. Roy Bergman, Director of Administrative Services,
has previously presented to the Board of County COlTh"issioners
at one of its regular meetings, two claim vouchers, o~e beLng
,dated February 17, 1971, from Eldon E. Kunz in the amount of
$5,889.00 and the other claim voucher being dated J~~u~~y 20,
1971, from Denver Commercial Builders, Inc. in the amount of
$5,998.00. Xerox copies of those claim vouchers are attached
hereto. It was Mr. Bergman's understanding that these claim
vouchers represent work performed by the claimallts for the
Wheat Ridge Recreation District. As you are <Jware, t~at Dis-
trict was formed some time ago pursuant to Colorado Revised
Statutes 114, Article 2 thereof. Upon the incorporation of
the City of 'i\Theat Ridge, thLlt District was required to dissolve
because the Statute creating sucll District provides that such
District shall be composed only oi an area that is unincor-
porated within the County. Unfortunately, that Statute no-
where provides for a method of dissolution as simi~arly appears
.in any district formed pursuLlnt to Chapter 89 of ColorLldo
Revised Statutes. As a result of such Statutory absence, the
District has wound up its affairs and effectively dissolved
much in the manner of the dissolution of a partnership.
Because of that dissolution process, the Board of County
Commissioners did not, of course, levy any mill levy for such
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C:.. ty of \'Illeilt Ridge
P,.'JC 2
March 11, 1971
.District for the yeur J970 nor for the year 1971. Monies
previously collected through prior mill levies have been dis-
,bursed during the year 1970 for obligations committed prior
to the dissolution process. Mr. Bergman has informed me that
the sum of $15,769.54 still remalns on deposit with the Office
'of the Treasurer of Jefferson County, such monies having been
.collected from prior tax levies for that District. Because
the City of Wheat Ridge has been incorporated for some period
of time, the balance on deposit in the Office of the Treasurer
was not budgeted or appropriated by the Board of County Com-
.missioners for expenditure durlng the year 1971. The Colorado
Statutes prohibit expenditures of any monies during any budget
'year when such monies have not been previously budgeted and
subsequently appropriated for expenditure.
The at,:ched claim vouchers have now been drawn to oc:r
attention, and Mr. Fel~x Lepore, a former Director of the
Wheat Ridge Recreation District, has informed me that such
claims should rightfully be paid, they being valid c16ims for
work performed. It is, therefore, my opinion that these monies
should be transferred from the Treasurer's Office to the City
of Wheat Ridge for payment by such City to the cliJima:--,cs. I
understand that the City has Statutory authority to make sup-
plemental appropriatlons for expenditure of sums not previously
budgeted or appropriated. The purpose of this letter lS to
reduce to writing the unrlerslanr1ing between all concerned
entities of the proper disbursement of those remaining monies.
After the attached clalms have been paid, a balance will re-
main in the amount of $3,882.54. It is the agreement of all
parties joining in approval hereof that such remaining funds
will be used to pay any of the claims still outstanding which
have not yet been presented by v~liJ creditors. Any subse-
quent funds thereafter remilining shall be disbursed during
.the year 19;1 solely for park purposes within the area form-
erly encompassed by the bounc1arles of the pre-existing Wheat
Ridge Recreation District. This disbursement will then ensure
'to the former taxpayers of such District that their tax monies
previously collected from them are being spent for the purposes
ve-="t ~ R- (/ () (' <t )
,
City of h11eiJ t RidCJc
Page 3
March E, 1971
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for which they were collected. The judge;nent of nO'.-l s~~ch
monies should be spent shall be ti1at of t:he City Cour.cil
of the City of ,rheat Ridge. Said runds shall be deposited
to a Special Parks Fund and shall be expended from tnis
Fund for the above stated purposes.
Very truly/yours,
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Leonard R. \Liss
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County Attorney
LRL/mkm
Attachments
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READ, APPROVED AND AGREED TO:
BOARD OF com.JTY COMMISSIONERS OF
THE COUNTY OF JEFFERSON, COLORADO
CITY OF WHEAT ,UDGE
,
ByQ'/2J {!~:~~
ifk L. Trezise-r:::ChCl irman
JV:RSON COUNTY TREASURER
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By, .-~')~j) m'---.x.--0~
Donald E. Couch
By
Mayor Albert E. Anderson
vJHEAT RIDGE CITY COUNCIL
By
WHEAT RIDGE RECREATION DISTRICT
WHEAT RIDGE CITY ATTO&~EY
~~v A 4C7 L-
JEFFERSON COUNTY Dr/STRICT ATTORNEY
,
By
Maurice Fox
By
Al
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t,CCOUNTING OFFICE
JEFFEr.SON COUNTY, COLO;l.ADO
1700 ARAPAHO~ STR::ET
GOLDEN, COLORADO
Add 2hSO Youns~i81d St~ppt
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QUANTITY
OESCRIPiiON
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UNIT PiliC::
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As per contract dat00 Sepipm~er 2, 1970
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4355 Field Street
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THIS YOUCHER MUST Cr: SIGNED flEFOr.E A NOTARY PUWC OR OTHER. OFFICER AUTHor.IZm BY lAW TO TAKE
ACK"-!OWlEDGI,',:;NTS IN THE SPACE PROVIDED ON f:EVERSE SIDE
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uiUl DENVER COr,'HV:E?,;C'..G.L CUi!...DC::~S. :r~C.
ENGINEERS - CONTRACTORS
80 RARITAN STREET 0 DENVER, COLORADO 80223 0 744,7213
INVOICE
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DATE D":.crn::c:, 31, 1q7~
~R Wheatri~q8 Recreational DistTi~t
7470 West 38th nvcnue
:;TATE Uhl'!atric:Jc, Colorado 8 OlD 3
::OR ORDER NO, 71] -5 ~ =' ,Cj
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:-k comp18t~ in aCCOrGZlnC8 uJi th Projlnsal '['!o. 70-513A
55,'093.00
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'snver Commercial Eluj,1~d8L~ Inc.
10 Rari tail street
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ACCOUNTING OHlCE
JEffERSON COUNTY, COLORADO
1700 AF:A?AHOE STREET
GOLD~N, COLORADO
lenver, Colurado 80223
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DESCfll?iION
II UNIT PRICE
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TOTAt PRICE
Butler Building, 26' x 48' y. 10' I complete with
Foundation for Whestridge Recreation Park Shelter
::;5,998 00
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I $5,998
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:"OUCHER MUST BE SIGNl:D 5EFO~E A NOTARY rustiC 0R 0Ti-::R (lFF:CER AUTHORIZED 5Y tAW TO TAKE
ACKNOWLEDGMENTS IN Tt-le SPACE PROVlOW ON REVERSE SIDE
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