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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 r'~avnr ATTES-I: ~ .-0 ~t''}{L~ :7~~~' Louise F. Turner ['i+,v Clerk /c 'f' s"//v [<C~) JEFF r-::l.-...SOl-:J <::HESTEr, L, HOS~ : r--.. "ON DISTRICT /'00 . 1.1. ",.:JA, co U N T ""7'_..:. ... JOE G LeI/liS OISTIHCT NO 2 lAI',l......:'::;.OO " , , I.... 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 r::==::.~~.~.~. -.....~--~~._...- 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 'l I'! " t -" I _" ...~_ .~,. ._d........---.. PeS ""'/Ie;) ~) 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 $3,882.54. It is the agreement of all parties joining in approval hereof that such remaining funds will be used to pay any of the claims still outstanding which have not yet been presented by v~liJ creditors. Any subse- quent funds thereafter remilining shall be disbursed during .the year 19;1 solely for park purposes within the area form- erly encompassed by the bounc1arles of the pre-existing Wheat Ridge Recreation District. This disbursement will then ensure 'to the former taxpayers of such District that their tax monies previously collected from them are being spent for the purposes ve-="t ~ R- (/ () (' <t ) , City of h11eiJ t RidCJc Page 3 March E, 1971 (' for which they were collected. The judge;nent of nO'.-l s~~ch monies should be spent shall be ti1at of t:he City Cour.cil of the City of ,rheat Ridge. Said runds shall be deposited to a Special Parks Fund and shall be expended from tnis Fund for the above stated purposes. Very truly/yours, / )~ r---'---~ ~ (.:; -),"'---0 ~,<'u--</~'C{~~ Leonard R. \Liss "- County Attorney LRL/mkm Attachments " READ, APPROVED AND AGREED TO: BOARD OF com.JTY COMMISSIONERS OF THE COUNTY OF JEFFERSON, COLORADO CITY OF WHEAT ,UDGE , ByQ'/2J {!~:~~ ifk L. Trezise-r:::ChCl irman JV:RSON COUNTY TREASURER (,\ n / r ~ 1/' By, .-~')~j) m'---.x.--0~ Donald E. Couch By Mayor Albert E. Anderson vJHEAT RIDGE CITY COUNCIL By WHEAT RIDGE RECREATION DISTRICT WHEAT RIDGE CITY ATTO&~EY ~~v A 4C7 L- JEFFERSON COUNTY Dr/STRICT ATTORNEY , By Maurice Fox By Al (2'1 (If ' " L ,'\,~ . \,"----('.~"- HerrmLinn' \ . ; J2f~ #/IC-< ($") , /' / , " t( ", , .;,. .L ~i" J ~, JEF:=mSON COU;'~TY, cO:'OrU.:.DO Oale F:\C1?UA'1Y 17. 1071 Cl/.;i:/~ \.'OU.::-:~~ Ti'T ,1'0" CI' I ~- .\ alma" ~. YTTiT!. Mail To . . t,CCOUNTING OFFICE JEFFEr.SON COUNTY, COLO;l.ADO 1700 ARAPAHO~ STR::ET GOLDEN, COLORADO Add 2hSO Youns~i81d St~ppt rOIl_ 13.1<-">":00"'1, C'oloY'a-1n pn?15 '.~ --~~-- QUANTITY OESCRIPiiON .. :.\.~. UNIT PiliC:: i TOTAL PRICE , I I' I il $ 5.889' 00 Ii , I I I i One As per contract dat00 Sepipm~er 2, 1970 ,I '.r:rAT Rl~rr,; "nC'l:~AmJ()\1 DIS':'RIC'~ 4355 Field Street Addition to stePl "ouil(lin.~. . Ii Ii II I I , i I: ['Ie' Ii . ';\0'1 OISI1" \ Jll/ I W\1'CJ.l[@GE R:CRt" '1:;,~,."",.d iv.: I ctr . Arrprc~'s /0<1 ~(lr.. ' I~f)y ",V' I~' r[{iJ( {/I_.~( -~ Jl -;;:-;;<-;0. /1,-u.J&-.r"'~ Iq70~3 I "C1I~I1't ~ I: II II It .1 , 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 , , , '''D'S P"//occ.,) " . ,.:~ .!~~1 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 ~. <} 182 4 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 HRNIS : ,I:, t . :-k comp18t~ in aCCOrGZlnC8 uJi th Projlnsal '['!o. 70-513A 55,'093.00 '/c~ s 7-+' - L-'/ y ..... , Jr.:r:=:~SG'r'l CCt5;:..~\r, CC:~C;=-~./'J)O Li.u:~~Ci2L_ ClAt"/'1 VGJc:-:r;:-~ 'snver Commercial Eluj,1~d8L~ Inc. 10 Rari tail street t.i~H To ACCOUNTING OHlCE JEffERSON COUNTY, COLORADO 1700 AF:A?AHOE STREET GOLD~N, COLORADO lenver, Colurado 80223 ~ ~Ii DESCfll?iION II UNIT PRICE ii TOTAt PRICE Butler Building, 26' x 48' y. 10' I complete with Foundation for Whestridge Recreation Park Shelter ::;5,998 00 I I $5,998 Ii " ;1 Ii ,I Ii il \' I! !I 00 ~\\;\ 'V\S\ , . , :\\'0\\ !r"-II ~~\,'il-0'_ ~v'1l }~VV-- <'il-\'VS\. ,\0- '! '-'-I~ , ,,(,t..\ ..liP /. . ^ ~ 'i\,,v' 9tO,/ I e<-{.rJ 1'> ill A' "'v .J ' ,~; '."lq~ rl 1,{~~ ~r , () .s;\\'l\r\ _::0. II -'. -- :"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 , _.-" -_.-.. ----- .- --- -~ ---------- - ..---- --..----.-"