The URL can be used to link to this page

Browse Search

Home My WebLink About20132829.tiffRESOLUTION RE: DENY PETITION FOR ABATEMENT OR REFUND OF TAXES (R0224795) - GARY TIBBETS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 7th day of October, 2013, at which meeting there were present the following members: Chair William F. Garcia, and Commissioners Sean P. Conway, Barbara Kirkmeyer, Mike Freeman, and Douglas Rademacher, and WHEREAS, notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being present, and taxpayer, Gary Tibbets, not being present, and WHEREAS, the Board of County Commissioners has carefully considered the attached petition, and is fully advised in relation thereto. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board concurs with the recommendation of the Assessor and the petition be and hereby is, denied, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED VALUATION ABATEMENT OR REFUND TAX YEAR $0.00 $0.00 2011 $0.00 $0.00 2012 C(C,=fe, Ascr /y/s 2013-2829 AS0084 TAX ABATEMENT PETITION - GARY TIBBETS (R0224795) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of October, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COOLORADO ATTES Weld County Clerk to the Board BY: APP ounty A ttorney arbara Kirkmeyer Date of signature:OCT 1 6 2013 am f Garcia, dhair Um. {—C ac oy✓&(JIR•� D`ouglas'Rademacher, Pro -Tern Sean P. Conway e Freeman 2013-2829 AS0084 PETITION FOR ABATEMENT OR REFUND 0 County: WELD Section I: Petitioner, please complete Section I only. Date: 6/2/2013 Month Day Year Petitioner's Name: Gary K Tibbetts Petitioner's Mailing Address: 50 Cherry Avenue Eaton Date ReceiJddr (Use Assessors or Commissioners' Date Stamp) JUN 1 1 2013 WELD CO�U.j v ASSi Gcv'.er�Ci '; , N'O4 ��,,,. °on CO 80615 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY 070736311010 ENT CC -10 L10 Centennial Commons Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the above property for property tax year(s) 2011 and 2012 are incorrect for the following reasons: (Briefly describe why the taxes have been levied erroneously or illegally, whether due to erroneous valuation, irregularity in levying, clerical error or overvaluation. Attach additional sheets if necessary.) Petitioner's estimate of value: $ 217764 (2011 )and $217764 (2012 ) Value Year Value Year I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits or statements been prepared or examined by me, and to the best of my knowledge, information and belief, is true, corre , and complett�t . — 'GPa.r9 /Z GY "t Daytime Phone Number ( 970 ) 396-0813 Pet/loner's Signature By Daytime Phone Number ( Agents Signature` `Letter of agency must be attached when petition is submitted by an agent. If the Board of County Commissioners, pursuant to § 39-10-114(1), C.R.S., or the Property Tax Administrator, pursuant to § 39-2-116, C.R.S., denies the petition for refund or abatement of taxes in whole or in part, the Petitioner may appeal to the Board of Assessment Appeals pursuant to the provisions of § 39-2-125, C.R.S., within thirty days of the entry of any such decision, § 39-10-114.5(1), C.R.S. Section II: Original Corrected Abate/Refund Assessor's Recommendation (For Assessor's use Only) Tax Year 20 t t Tax Year tot 2. Actual Assessed Tax Actual Assessed Tax 2 \ 9, &&o E ,t -L3^,) @ Vf,C.lr, ca' =6q-ZO tit/C).7, ❑ Assessor recommends approval as outlined above. If the request for abatement is based upon the grounds of overvaluation, no abatement or refund of taxes shall be made if an objection or protest to such valuation has been filed and a Notice of Determination has been mailed to the taxpayer, § 39-10-114(1)(a)(I)(D), C.R.S. Tax year: 7§1U Protest? O No ( `Yes (If a protest was filed, please attach a copy of the NOD.) Tax year: Protest? O No ❑ Yes (If a protest was filed, please attach a copy of the NOD.) 'Q Assessor recommends denial for the following reason(s): rSp OPT -AR No. 920-66/ 2013-2829 y FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III or Section IV must be completed) Every petition for abatement or refund filed pursuant to § 39-10-114, C.R.S. shall be acted upon pursuant to the provisions of this section by the Board of County Commissioners or the Assessor, as appropriate, within six months of the date of filing such petition, § 39-1-113(1.7), C.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to $10,000) The Commissioners of County authorize the Assessor by Resolution No. to review petitions for abatement or refund and to settle by written mutual agreement any such petition for abatement or refund in an amount of S10,000 or less per tract. parcel, or lot of land or per schedule of personal property, in accordance with § 39-1-113(1.5), C.R.S. The Assessor and Petitioner mutually agree to the values and tax abatement/refund of: Actual Tax Year Assessed Original Corrected Abate/Refund Tax Year Tax Actual Assessed Tax Note: The total tax amount does not include accrued interest, penalties, and fees associated with late and/or delinquent tax payments, if applicable. Please contact the County Treasurer for full payment information. Petitioner's Signature Assessor's or Deputy Assessor's Signature Date Date Section IV: Decision of the County Commissioners (Must be completed if Section III does not apply) WHEREAS, the County Commissioners of called regular meeting held on 1 I , at which meeting there were present the following members: Month Day Year County, State of Colorado, at a duly and lawfully with notice of such meeting and an opportunity to be present having been given to the Petitioner and the Assessor • of said County and Assessor Petitioner Name County Commissioners have carefully considered the within petition, and are fully advised in relation thereto, NOW BE IT RESOLVED, that the Board (agrees --does not agree) with the recommendation of the Assessor and the petition be (approved --approved in part --denied) with an abatement/refund as follows: (being present —not present) and Name (being present --not present); and WHEREAS, the said Year Assessed Value Taxes AbatelRefund Year Assessed Value Taxes Ahate/Refund Chairperson of the Board of County Commissioners' Signature County Clerk and Ex -officio Clerk of the Board of County Commissioners in and for the aforementioned county, do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County this day of Month Year County Clerk's or Deputy County Clerk's Signature Note: Abatements greater than $10,000 per schedule, per year, must be submitted in duplicate to the Property Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than $10,000) The action of the Board of County Commissioners, relative to this abatement petition, is hereby ❑ Approved ❑ Approved in part $ ❑ Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15-DPT-AR No. 920-66/11 NOTICE OF DETERMINATION Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 www.co.weld.co.us Date of Notice: 6/22/2011 Telephone: (970) 353-3845 or (720) 652-4255 Fax: (970) 304-6433 E-mail: appeals@co.weld.co.us Office Hours: 8:00 AM - 5:00 PM SCHEDULE/ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R0224795 2011 3899 ETN CC -10 L10 CENTENNIAL COMMONS 50 CHERRY AV 10 EATON 0 50 CHERRY AV 10, EATON PROPERTY OWNER TIBBETTS GARY K 50 CHERRY AV No. 10 EATON, CO 80615 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW RESIDENTIAL 244,978 219,000 TOTAL $244,978 C $219,000 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: AL02 - The actual valuation of your property has been adjusted based on new information. This may be information you have supplied, corrections of characteristics or additional sales which we have uncovered during the appeals process. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S. The deadline for filing real property appeals is July 15. The deadline for filing personal property appeals is July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: Weld County Board of Equalization 915 10`h Street, P.O. Box 758 Greeley, CO 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 12, § 39-2-125(1)(e), C.R.S. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9th Avenue and 9th Street Denver, CO 80203 P.O. Box C (303) 866-5880 Greeley, Colorado 80632 www.dola.colorado.qov/baa (970) 356-4000 Ext. 4520 Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2010? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and on any attachments hereto are true and complete. Signature Telephone Number Date 15-DPT-AR PR 207-08/11 R0224795 13758 'Attach letter of authorization signed by property owner. September 16, 2013 CLERK TO THE BOARD PHONE (970) 336-7215 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 GARY K TIBBETS 50 CHERRY AVE EATON, CO 80615 RE: SCHEDULE NUMBER R0224795 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the property described as: 50 Cherry Ave, Eaton, Colorado, (ENT CC -10 L10 Centennial Commons). The meeting is scheduled for October 7, 2013, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. The Assessor is recommending that the Board deny your petition. You are not required to be present at this hearing; however, this is your opportunity to have your position heard, especially if your position is opposed to the Assessor's recommendation. If you intend to submit any documentation in support of your position for this hearing, all such documentation must be submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least seven calendar days prior to the meeting date in order for it to be considered at the scheduled hearing. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 336-7215. Sincerely, Tammy Waters Deputy Clerk to the Board cc: Assessor November 6, 2013 CLERK TO THE BOARD PHONE (970) 336-7215 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 0 STREET P.O. BOX 758 GREELEY CO 80632 GARY K TIBBETTS 50 CHERRY AVE - '/O EATON, CO 80615 RE: SCHEDULE NUMBER R0224795 Dear Property Owner: On October 7, 2013, the Board of Weld County Commissioners considered your petition for abatement or refund of taxes and denied same. Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and instructions from: Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 In preparation for appealing to the State Board of Assessment Appeals you may also go to the following state link to obtain any further information you may need to proceed, http://www.dola.state.co.us/baa/index.htm Very truly yours, Donna Bechler Deputy Clerk to the Board cc: Assessor Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees `rrPer, Apt. N or C,ierr PO Box No.. City, State, ZIP+4 ve 8'6 icy CL E} CO O 70014 2890 0003 5709 8570 te \ • \ # CO ?W o w- O 000x� • ob] WowW LLJaoCe O -ao coo f -S t �S U I<9 EU CO CO IX X W0td- $5w /\ Donna Bechler From: Donna Bechler Sent: Wednesday, November 13, 2013 11:58 AM To: 'gtibbetts@zinpro.com' Subject: Petition for Abatement of Refund of Taxes - Denial Attachments: R0224795.pdf; R0853386.pdf Mr. Tibbett, I am e -mailing you a copy of both of these Tax Petitions at your request. Let me know if you have any questions. Sincerely, Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Donna Bechler From: Sent: To: Subject: TIBBETTS, Gary [GTibbetts@Zinpro.com] Wednesday, November 13, 2013 3:34 PM Donna Bechler RE: Petition for Abatement of Refund of Taxes - Denial Thank you. yes, I did received the documents. Gary K Tibbetts 970-396-0813 From: Donna Bechler [mailto:dbechler@co.weld.co.us] Sent: Wednesday, November 13, 2013 11:58 AM To: TIBBETTS, Gary Subject: Petition for Abatement of Refund of Taxes - Denial Mr. Tibbett, I am e -mailing you a copy of both of these Tax Petitions at your request. Let me know if you have any questions. Sincerely, Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Hello