HomeMy WebLinkAbout20121146.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND
OF TAXES -JAMES TURNER/WELLS FARGO/US BANK, C/O JIM SCHWALLS AND
ASSOCIATES, INC.
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, a hearing before the Board was held on the 9th day of April, 2012, at which
time the Board deemed it advisable to continue said matter to May 2, 2012, in order to allow
James Turner an opportunity to attend the hearing.
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at
a duly and lawfully called regular meeting held on the 2nd day of May, 2012, at which meeting
there were present the following members: Chair Sean P. Conway, and Commissioners William
F. Garcia, Barbara Kirkmeyer, David E. Long, 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, James Turner / Wells Fargo / US Bank, do Jim Schwalls and
Associates, Inc., 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 ABATEMENT TAX
VALUATION OR REFUND YEAR
$0.00 $0.00 2009
$0.00 $0.00 2010
l tuts R, Rz-
5 _ ��_� d 2012-1146
AS0081
TAX ABATEMENT PETITION -JAMES TURNER/WELLS FARGO/US BANK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of May, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Sean ay, Chair C
Weld County Clerk to the Board
1F La William F. Gar 'a, Pro-T=m
BY: .L�i_ • at' d►1 .
Deputy CI:a k to the Bo.�
arb Kirkm Beyer
A O D AS RM: � G� l C °
i'��� avid E. Long 4un Attorney o/,,45 ypse—
Douglas Rademach r
Date of signature:S -c?9-'/
2012-1146
AS0081
PETITION FOR ABATEMENT OR REFUND OF TAXES
County: weld Date Received 9t//_ Ogr
(Use Assessor's or Commissioners'Date Stamp)
Section I: Petitioner,please complete Section I only.
January 3,2012 WELD COUNTY
Date: Month Day Year COMM ISSIONERS'
Petitioner's Name: Turner James H Co-Trustees&Wells Fargo by US Bank as Tenant A 11: 58
Petitioner's Mailing Address: c/o Jim Schwalls&Associates, Inc; PO Box 3075 2011 MAR 13
McKinney TX 75070
City or Town State Zip Code RECEIVED
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY •
R0085388/095911116023 3690 West 10th Street;Bittersweet North
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) 2009 and 2010 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.)
Due to the time constraints associated with numerous deadlines and hearings we did not file an administrative
appeal for the 2009/2010 assessment cycle.The value for these years appears to exceed the correct actual
value.Additional information will be provided.We would be most appreciative if you could contract us before a
decision is made.
Rowland Welch Direct(214)544-9220 Cell(214)455-5068 Email rwelch@schwalls.com
Petitioner's estimate of value: $1,235,250 (2009 )and $1,235,250 (2010 )
Value Year Value Year
I declare,under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits
or statements, has been prepared or examined by me,and to the best of my knowledge, information and belief, is
true,correct,and complete.
Daytime Phone Number I
Petitioner's Signature By irk/`t/(d/,/g/ Daytime Phone Number J 214 ) 544-9220
Agent's 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: Assessor's Recommendation
(For Assessor's Use Only)
Tax Year'-'-q -//9 Tax Year ) U
Actual Assessed Tax Actuai Assessed Tax
Original / c>Y,/ 'c' fa,?, '757) 31.i; v4 V///:r Ili"' /Ca 34: 9/.Vz
Corrected / /r`- L.2 73-C .3 .3.28.x/ /,li&„9l(C S:) `i50 J��,51/.72'
•
Abate/Refund
❑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)(l)(D),C.R.S.
Tax year: Protest? 0 No ❑Yes (If a protest was filed,please attach a copy of the NOD.)
Tax year: Protest? 0 No ❑Yes (If a protest was filed,please attach a copy of the NOD.)
El Assessor recommends denial for the following reason(s):
04,0141
Assessor's Deputy Assessor's
2012-1146
15-DPT-AR No.920-66/11
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$10,000 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:
Tax Year Tax Year
Actual Assessed Tax Actual Assessed Tax
Original
Corrected
Abate/Refund
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 Date
Assessor's or Deputy Assessor's Signature Date
Section IV: Decision of the County Commissioners
(Must be completed if Section III does not apply)
WHEREAS,the County Commissioners of County,State of Colorado,at a duly and lawfully
called regular meeting held on / / ,at which meeting there were present the following members:
Month Day Year
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 (being present—not present)and
Name
Petitioner (being present--not present),and WHEREAS,the said
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:
Year Assessed Value Taxes Abate/Refund Year Assessed Value Taxes Abate/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
CLERK TO THE BOARD
PHONE: (970) 336-7215, EXT. 4226
FAX: (970) 352-0242
I 8 6 1 2 0 1 I 1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
.`
WELD____COUNTY
March 14, 2012
C/O JIM SCHWALLS & ASSOCIATES INC
TURNER JAMES H CO TRUSTEES
WELLS FARGO BY US BANK
PO BOX 3075
MCKINNEY TX 75070
RE: SCHEDULE NUMBER R0085388
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: 3690 W 10th Street, Bittersweet
North. The meeting is scheduled for April 9, 2012, 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, Extension 4226.
Sincerely,
Tonya Disney
Deputy Clerk to the Board
cc: Assessor
CLERK TO THE BOARD
PHONE: (970) 336-7215, Ext. 4225
8 6 - 2 ) FAX: (970) 352-0242
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
i
WELD -COUNTY
May 25, 2012
C/O JIM SCHWALLS & ASSOCIATES INC
TURNER JAMES H CO TRUSTEES
WELLS FARGO BY US BANK
PO BOX 3075
MCKINNEY TX 75070
RE: SCHEDULE NUMBER R0085388
Dear Property Owner:
On April 9, 2012, 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,(\
Tonya Disney \I
Deputy Clerk to the Board
cc: Assessor
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