HEARING DATE

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AGENDA ITEM:

5.

HEARING DATE:

November 15, 2011

STAFF PERSON RESPONSIBLE:

Martha Marshall Budget Manager

DESCRIPTION:

A RESOLUTION LEVYING 2011 PROPERTY TAXES FOR THE REGENCY METROPOLITAN DISTRICT

SUMMARY:

In accordance with Section 13-60-101, C.R.S., the Board of County Commissioners is required to levy a tax on all the taxable property within the limits of Regency Metropolitan District for the purpose of making provision for the payment of judgments against the District, which the District failed or neglected to pay. COCAL Landscape Services, the judgment creditor, obtained a judgment against Regency Metropolitan District. Pursuant to the statute, in no event shall such annual levy exceed a total of 10 mills for one or more judgments. The Board shall continue to levy such taxes not to exceed a total of 10 mills per District, but in no event less than 10 mills if such judgment will not be discharged by a lesser levy, until such judgments are discharged.

RECOMMENDED BOARD ACTION:

Adoption of attached resolutions.

APPROVED FOR LEGAL FORM:

Lance Ingalls County Attorney

APPROVED FOR AGENDA:

Douglas J. DeBord County Manager

APPROVED FOR FISCAL CONTENT:

Andrew Copland Director of Finance

100 Third Street, Suite 130 Castle Rock, CO 80104 • 303.660.7430 • FAX 303.660.9661 • [email protected]

Setting the Standard of Excellence In Governance

RESOLUTION NO. R-011-______ THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS, COLORADO A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2011 TO PAY JUDGMENTS AGAINST THE REGENCY METROPOLITAN DISTRICT FOR THE 2012 FISCAL YEAR WHEREAS, a judgment was entered against Regency Metropolitan District (“District”), in the original amount of $98,869.49; and WHEREAS, the District failed to pay or make a tax levy to pay such judgments; and WHEREAS, the judgment creditor, COCAL Landscape Services, filed the transcripts of judgment with the Board of County Commissioners of Douglas County, Colorado (“Board”); and WHEREAS, pursuant to section 13-60-101, C.R.S., the Board shall levy a tax upon all the taxable property within the limits of the District for the purpose of making provision for the payment of the judgments, and the levy shall not exceed a total of 10 mills for one or more judgments, but in no event less than 10 mills if such judgments will not be discharged by a lesser levy; and WHEREAS, the Board shall continue to levy such taxes not to exceed a total of 10 mills annually until such judgments are discharged; now, therefore, BE IT RESOLVED by the Board of County Commissioners of Douglas County that 10 mills shall be levied on all taxable property within the limits of the Regency Metropolitan District, in 2011 and each year thereafter until the judgments are discharged. PASSED AND ADOPTED this 15th day of November, 2011, in Castle Rock, Douglas County, Colorado. THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, COLORADO BY: _________________________________ JILL E. REPELLA, Chair

ATTEST: _________________________________ MELISSA PELLETIER, Deputy Clerk

CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments * * School governments must use forms provided by the Colorado Department of Education (303) 866-6600.

County, Colorado. The Statutory Obligation

TO: County Commissioners of Douglas

(governing board)

of the

Regency Metro District

hereby certifies the following mill levies to be extended upon the

(name of local government)

GROSS↕ assessed valuation of $ 2,286,920

. Submitted this date:

PURPOSE

11/15/11

LEVY

REVENUE

1. General Operating Expenses [This includes fire pension, unless fire pension levy is voterapproved; if so, use Line 7 below.]

mills

2. (Minus) Temporary Property Tax Credit/ Temporary Mill Levy Rate Reduction, 39-1-111.5, C.R.S.



$

> mills ‡ $
NOTE: All levies must be Certified to the Board of County Commissioners NO LATER THAN DECEMBER 15,2011 Data Date:

8/18/2011

DLG-57(Rev.7/00)

~-'~,

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DISTRICT COURT, DOUGLAS COUNTY, COLORADO Court Address: Douglas County Justice Center 4000 Justice Way castle Rock, CO 80109-7546 ~

COURT USE ONLY

~

Case Number: 09CV-002079 Div.: 1 Plaintiff:

COCAL LANDSCAPE SERVICES INC

Defendant:

REGENCY METROPOLITAN DISTRICT

et al

TRANSCRIPT OF JUDGMENT

Original Judgment Amount: Revived Judgment Amount: Judgment Status:

$98,869.49 $.00

Judgment Date: December 16, 2009 Judgment Date:

UNSATISFIED

Additional Remarks: JOINTLY AND SEVERALLY INTEREST AT THE RATE OF 8% PER ANNUM FROM APRIL 1, 2009

Debtor (s) :

REGENCY METROPOLITAN DISTRICT BCX PARTNERS #1 LLC

Creditor(s): COCAL LANDSCAPE SERVICES INC, 12570 E. 39TH AVENUE, DENVER, CO 80239

Balance of Judgment to Date:

$98,869.49

I hereby certify that the above is a true and complete transcript of the judgment in the above-referenced case which is retained in my office.

(Continued)

.--,

\ ..

DISTRICT COURT, DOUGLAS COUNTY,COLORADO CASE NO. 09CV-002079

Judgment Amount:

DATE: January 05, 2010

Division 1

$98,869.49

PAGE: (Continued)

Judgment Date: December 16, 2009

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