Wednesday, January 17, 2024

Accessory after the fact refers to an individual who aids, abets, or assists another person who has committed a crime, with the intent to help them evade arrest, trial, or punishment. This person may provide shelter, transportation, or any form of assistance to the perpetrator after the crime has been committed. By doing so, the accessory after the fact becomes criminally liable for their involvement in obstructing justice. Legal consequences for this offense vary, but it is generally considered a serious offense due to its impact on the justice system and the principle of holding individuals accountable for their actions.

 

Subject: Urgent Action Needed: Addressing Negligence and Default in Contract 1409 - Document 8317 

Dear City of Topeka Council Members, 

I am writing to bring your attention to a matter of significant concern regarding the Lawrence Bay Homeowners Association LLC and its obligations under Contract 14094, Document 8317. 

It has come to our attention that there has been a prolonged period of negligence lasting 4691 days (about 13 years). While Section 7.3 may serve as a redeeming feature, it is imperative that the City Council exercises its fiduciary duty to the taxpayers and addresses this issue promptly. 

Section 7.2 of the contract, titled "City's Remedies," provides the City with the authority to pursue any remedy it may have under law or in equity in the event of default by the Associations of their obligations. This is a crucial provision that should be utilized to hold the homeowner’s association accountable for its responsibilities. 

Specifically, it is recommended that the city default on the association and demand satisfaction for all delinquent back payments related to the pond repair. The homeowner’s association should be held 100% responsible for the GO bond 1998995, as per Section 7, Paragraph 7.2. 

As you add up all the numbers do not forget to add up all the numbers for the lots auctioned. No good citizen should put the community in a position like this. Let the association brow-beat the dead beat. As part of the default, you should inform the homeowner any services rendered will be “pay as you go” and until the default is cleared up the city will no longer provide any services in section #6. Think of the income you can get through code compliance and the exorbitant fees you can rake in due to non-compliance.  

This strategic move not only ensures that the homeowners’ association fulfills its financial obligations but also provides an opportunity to collect from the delinquent LLCs that have contributed to this situation. It is time to rectify the negligence and uphold the City's commitment to its taxpayers. 

It is crucial to emphasize that dealing with affluent individuals is based on the understanding that they contribute to the community's well-being by fulfilling their financial responsibilities. In this case, the homeowner’s association has neglected its basic moral obligations to the community. 

I urge the City Council to take swift and decisive action in enforcing the provisions of the contract and holding the Lawrence Bay Homer Homeowners Association LLC accountable for its negligence. By doing so, the Council will not only protect the interests of the taxpayers but also send a strong message that all entities, regardless of their financial status, are expected to fulfill their obligations to the community. 

Thank you for your prompt attention to this matter, and I trust that you will act in the best interests of the City of Topeka and its residents. 

  

Henry McClure  

 

 

Taxation is a fundamental pillar of any functioning society, providing the necessary revenue for essential public services and infrastructure. It is how governments collect funds to meet the diverse needs of their citizens, ranging from education and healthcare to public safety and infrastructure development. The nonpayment of taxes poses a significant threat to the stability and functionality of a society, and taxing authorities are compelled to ensure compliance for several crucial reasons. 

  1. Funding Public Services 

Taxes are the lifeblood of public services, serving as the primary source of revenue for governments to fulfill their obligations to citizens. Educational systems, healthcare facilities, law enforcement agencies, and public infrastructure projects all rely on consistent and sufficient funding. When individuals or entities evade taxes, they undermine the government's ability to provide these essential services, jeopardizing the well-being and quality of life for all members of society. 

  1. Maintaining Social Equity 

Taxation is a tool for achieving social equity by redistributing wealth and resources to address societal imbalances. Progressive tax systems, where higher-income individuals contribute a larger proportion of their income, aim to bridge the wealth gap and create a fairer society. Nonpayment of taxes by affluent individuals or corporations can exacerbate inequality, allowing them to retain an undue share of resources while depriving the less fortunate of essential public services and opportunities. 

  1. Economic Stability 

A robust and stable economy relies on the consistent flow of revenue generated through taxation. Governments use taxes to manage economic cycles, invest in infrastructure, and implement fiscal policies that promote growth and stability. When individuals or businesses evade taxes, it disrupts these economic mechanisms, leading to budget shortfalls, reduced public spending, and potential economic downturns. 

  1. Enforcement of Legal Framework 

Taxation is not a mere suggestion, but a legal obligation stipulated by the laws of a country. All citizens and entities are expected to contribute their fair share based on their income and financial activities. Allowing nonpayment of taxes undermines the rule of law, eroding the trust citizens place in the legal system and the government's ability to enforce its statutes. Tax evasion not only results in financial losses but also weakens the overall legal framework of a society. 

  1. Sustaining Infrastructure Development 

Infrastructure development is a cornerstone of societal progress. Roads, bridges, public transportation, and utilities are essential for economic growth and the well-being of communities. Tax revenue is earmarked for such projects, and nonpayment of taxes hampers the government's ability to invest in critical infrastructure. This can lead to deteriorating public amenities, hindering economic development and diminishing the overall quality of life. 

Conclusion 

In conclusion, taxing authorities cannot afford to let individuals or entities evade their tax obligations. The consequences of nonpayment extend far beyond financial losses, impacting the very fabric of society. Governments must actively enforce tax compliance to ensure the funding of public services, maintain social equity, stabilize the economy, uphold the legal framework, and sustain infrastructure development. The imperative of taxation lies in its role as a vital mechanism for building and maintaining a prosperous and equitable society. 

  

  

 

 

Fwd: Attached

Great homework ........

---------- Forwarded message ---------
From: Rhonda Underwood <prettyidangel@yahoo.com>
Date: Wed, Jan 17, 2024 at 6:11 PM
Subject: Attached
To: Henry McClure <mcre13@gmail.com>


Found this and thought you might have an interest.

Hope all is well...YOU ARE APPRECIATED, VALUED, HEARD AND LOVED!



--
Henry McClure 
Time kills deals
785-383-9994

Fwd: Lauren's Bay

I have one fan........... That is how it starts. 

---------- Forwarded message ---------
From: Rhonda Underwood <prettyidangel@yahoo.com>
Date: Wed, Jan 17, 2024 at 5:58 PM
Subject: Lauren's Bay
To: Henry McClure <mcre13@gmail.com>


Hey Mr. Henry McClure,

Both you and Mr. Dultmeier gave outstanding information that the people of the community need to know and hear. KUDOS 

Rhonda 

LOCAL

Developer: City can't stand pat regarding problems with Lauren's Bay Estates

Situation could leave city on the hook to pay $11.1 million

Tim Hrenchir
The 178-lot Lauren's Bay Estates development, located just west of S.W.47th and Wanamaker, could cost the city up to $11.1 million if it continues to fail in taking off. The city currently charges a special assessment of $3,318 per parcel in the development.

The city of Topeka will "get every lot back" if it charges the current estimated special assessment of $3,318 per parcel in southwest Topeka's Lauren's Bay Estates, said Perry Marney, who owns 28 of the lots.

"The bottom line is that, if nothing changes, that subdivision will never go," Marney told The Topeka Capital-Journal on Friday.

The failure of the 178-lot development — located just west of S.W. 47th and Wanamaker Road — could cost the city as much as $11.1 million, council members learned at their meeting this past week.

Brandon Kauffman, the city's chief fiscal officer and controller/treasurer, said Gene Jani's Brainstorm Development Group initiated the Lauren's Bay Estates project using a process through which the city forms special assessment benefit districts to encourage development.

Developers ask the city to form geographic districts to pay the city's costs to provide such services as water, sewer and street infrastructure. The city, after the work is completed, requires each lot owner to pay a certain amount annually as part of their property tax bill, generally for 20 years.

But the city is legally obligated to pay any bonds it has issued if the developers or property owners default on the special assessment payments, Kauffman told the city governing body in a recent memorandum.

Kauffman said the city has assessed a payment of $701 per lot to put in sanitary sewer system infrastructure to serve Lauren's Bay Estates, and governing body members soon will be asked to approve assessments for projects the city completed to make improvements to a pond and provide water and street infrastructure. Work has yet to be completed on a separate project to make improvements to a second pond, he said.

Meanwhile, Jani went into bankruptcy in 2008 and ownership of the 178 lots is now divided between two banks, four developers and three individual owners. Those lots contain only three houses, Kauffman said.

He said CoreFirst Bank and Trust owns 68 parcels, James Klausman owns 45, Marney owns 28, The Lawrence Bank owns 19, Sam Campbell owns 10, Mark McGivern owns five and individual homeowners own three.


:00
1:50

Kauffman's memo indicated the estimated total special assessment rate for the lots is $3,318 a year, at a time when the market rate is $1,800 to $2,160.

"The primary concern for the City is that the specials per lot are higher than the market rate, which will make the lots difficult to sell," Kauffman wrote.

Marney said the city consequently needs to do something other than maintain the status quo."The best way would be to extend the bonds out from 20 years to 30 years, but they say they can't do that," he said. "If they don't do anything and they just run the specials straight, they get every lot back."

The city's governing body on Tuesday will consider scheduling a June 9 public hearing to discuss its options, which Kauffman said include:¦ Assessing the estimated $3,318 per lot.

¦ Putting in place a "partial pre-payment" option, which the city hasn't used in the past but its staff considers to be viable.

¦ Lowering the interest rate owners must pay on the lots, which would require the city to cover the part of the rate they don't pay.Developer Chuck Dultmeier asked the city not to take the latter step at this past week's meeting.

Dultmeier said he owns 237 lots south of Lauren's Bay Estates and about 230 elsewhere in the area.

He said he would be "pounding my fist" if Lauren's Bay Estates got a special rate when he "made it work" without one.Dultmeier suggested the city pursue the partial pre-payment option.

Kauffman explained that option in his memo to the governing body.

He wrote that, during the process to apply special assessments to properties, there is a 30-day window to pay special assessments in advance so they don't apply to the property. The city currently only allows full payment of those assessments but multiple cities in Kansas allow partial prepayments.

"For example, instead of an individual paying $1,000 for their share of the special assessment projects, the City would allow them to pay $500, resulting in the remaining $500 being spread over the 20 years of the bonds," Kauffman said.

He said partial prepayment would allow the city to reduce the debt load and enable Lauren's Bay Estates developers to bring the special assessments on the properties down to a rate that is closer to what the market is dictating.

In addition to dealing with the problems regarding Lauren's Bay, city officials are considering taking steps to mitigate the risk the city takes by offering special assessment benefit districts.

Kauffman said the city collected 97 percent of the special assessments it levied up until 2008, the year of a housing market crash, but has collected only 83 percent since that time.Planning director Bill Fiander said the city will hold an open developer forum from 11:30 a.m. to 1 p.m. Thursday, May 21, at its Holliday Building, 620 S.E. Madison.

Fiander said the city will seek input regarding potentially changing its policy by requiring developers to:

¦ Pay for certain improvements.

¦ Obtain financial sureties. Put down a certain percentage of the project costs.

¦ Allow the city or a third party to perform due diligence on the developer's finances.




--
Henry McClure 
Time kills deals
785-383-9994

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