HomeMy WebLinkAbout20100738.tiff RESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES — DANIEL BUXMAN
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 12th day of April, 2010, at which meeting there
were present the following members: Chair Douglas Rademacher, and Commissioners
Sean P. Conway, William F. Garcia, Barbara Kirkmeyer, with Commissioner David E. Long being
excused, 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 Daniel Buxman, not being present, and
WHEREAS, the Board of County Commissioners have carefully considered the attached
petition, and are 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, approved, and an abatement or refund be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$84,874.00 $5,920.97 2008
Slat
ascr5SO+`, nPf3-4_/o
2010-0738
AS0075
TAX ABATEMENT PETITION — DANIEL BUXMAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of April, A.D., 2010.
E,Ik1V OARD OF COUNTY COMMISSIONERS
f51 ELD COUNTY, COLORADO
.;, h
ATTEST: ' �2 �/ _ s�wr • LA,
ugl Rade acher, Chair
Weld County Clerk to the Bob t ®
arbara Kirkmeyer, ,ro-Tem
�e ty Cle k o the Board
Sean Ppia2ay
APPR.O1 AS RM:
William F. Garcia
aunty Atto ney EXCUSED
David E. Long
Date of signature: glad//
2010-0738
AS0075
PETITION FOR ABATEMENT OR REFUND OF TAXES �Q��
c�County:WELD " ' �; - Date Received
(Use Assessor's or Commissioners Date Stamp)
2010 APR 26 A(9 8: [ .
Section I: Petitioner,please complete Section I only.
Date: 10/12/2009
Month Day Year c RECEIVED
Petitioner's Name:BUXMAN DANIEL SR OC IT 111 2009
Petitioner's Mailing Address: 1720 50TH AVE UNIT 311 '� ' 1 /. / ,
GREELEY CO 80634-7990 WELD COUNTY ASSESSOr:
City or Town Stale Zip Code
GREELEY, COLORADC
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
P3445806 EQUIPMENT FOR BUXMAN PIT SE4NW4 33-6-66
Petitioner states that the taxes assessed against the above property for the property tax year 2008 are
incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. ,.
Attach additional sheets if necessary.) ,
THIS PIT CLOSED IN 2006 ALL EQUIPMENT WAS SOLD OFF BEFORE 1/1/2008.SHOULD HAVE ZERO
VALUE FOR EQUIPMENT.
Petitioner's estimate of value: $0 ( 2008 )
Value Year
Petitioner requests an abatement or refund of the appropriate taxes.
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.
2J CL1'to.6 iX, .n.Yt7 Daytime Phone Number(9 70) 590-3 7.9y
Petitioner' ignature
By Daytime Phone Number f .) _. `•1„7i
Agent's Signature*
*Letter of agency must be attached when petition is submitted by an agent.
If the board of county commissioners,pursuant to section 39.10-114(1),or the property tax administrator,
pursuant to section 39.2.116,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 section 39-2.125
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 2008
Actual Assessed
Original $292670 $84874 $5870.97 1' I '•'9 ge't ubd-J-y_J 9<0.r7 7
Corrected $0 $0 $0
Abate/Refund $292670 $84874 $5870.97 1150,0. Pygni-fl/: 5 ',2O `17
Assessor recommends approval as outlined above.
No protest was filed for the year: (If a protest was filed,please attach a copy of the NOD.)
❑Assessor recommends denial for the following reason(s):
Assessor's o7.eputy Assessor's Si.,Ct
15-DPT-AR No.920-66/06
2010-0738
•
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund filed pursuant to section 39-10-114 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 in: Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to$1,000)
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 one thousand dollars 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
Actual Assessed Tax
Original
Corrected
AbatelRefund
Note:The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if
spp!!cah!e. Please sorted the county treasurer for full caym?nl 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 taxpayer and Assessor
of said County and Assessor (being prese not present)and
Name
petitioner (being present—not present) d WHEREAS,The said
Name
County Commissioners have carefully considered the within petition,and ar Ily advised in relation thereto,
NOW BE IT RESOLVED,That the Board(agrees--does not agree)w he recommendation of the assessor
and the petition be(approved--approved In part--denied)with a atement/refund as follows:
Year Assessed Value Taxes Abate/Refu Me T
Chah person of the Board of uouniy Commissioners'Signaruru
County Clerk and Ex-officio Clerk of the Board of County Commissioners
in an31or the aforementioned unty,do hereby certify that the above and foregoing order is truly copied from the
record of the proceedings a Board of County Commissioners.
IN WITNESS WHE OF,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
N : Abatements greater than$1,000 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$1,000)
e action o e Board of County Commissioners,relative to the within petition,is hereby
d ❑Approved in part$ ❑Denied forth (lowing reason(s):
, ' 5540
•v r r
Secretary's Signature ropedy Tax Administrator's•!g dur Date
15-DPT R No. 20-66/O6
03/10/2010 06: 26 9703395637 JLR ENTERPRISES PAGE 01/0s
Daniel Buxman, Sr
c/o Peggy Burkey
30598 WCR 29
Greeley,CO 80631
February 1,2010
County Tax Accessor
Enclosed please find copies of documents that show the Buxman Gravel Pit has not been
in operation since late 2005 and was filed for closure in 2006. There were only every two
pieces of equipment that the Buxman Gravel Pit ever owned, a John Deere loader and a
1977 gravel shaker. Both pieces of equipment were sold in 2006.
Please enter this information into your file concerning the taxation of equipment.
thank you,
Peggy Burkey
Representative for Daniel Buxman, Sr.
1,7
J i
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02/04/2010 22: 31 9703395637 JLR ENTERPRISES PAGE 02/06
Peggy Burkey
6407 Ashcroft Road
Greeley,CO 80634
970-302-8130
April 16,2006
Subject; Reclamation Plan- Permit No.: M-1989-099
State of Colorado
Department of Minerals an Geology
Division of Minerals and Geology
1313 Sherman St., Rm 215
Denver, CO 80203
Attn: Jim Dupler
Dear Mr. Dupler,
Per your letter, I am submitting two copies of a"Revised Mined Land Reclamation
Plan"along with a check for$188.00 to cover the fee. We would like to obtain a release
of the site as soon as possible. The site is ready for an inspection at any time if one is
needed. We would like a"Release of Financial Warranty"order as soon as possible as
well. If you have any questions, you may contact me at 970-302-8130 at any time.
Respectfully,
Peggy Burkcy
Representative for Daniel Buxman
Buxman Pit
r
03/10/2010 06: 26 9703395637 JLR ENTERPRISES PAGE 02/05
AGREEMENT FOR THE SALE OF GOODS
This Agreement for the Sale of Goods ("Agreement")made and effective this August,2006,by
and between Daniel Buxman, a Buxman Pit Corporation("Seller")and Frank Nix("Buyer").
Seller desires to sell to Buyer, and Buyer desires to purchase from Seller, certain tangible
personal property.
NOW, THEREFORE,in consideration of the mutual promises herein contained,the parties
hereto agree as follows:
1. Sale.
Seller agrees to sell,transfer and convey to Buyer,and Buyer agrees to purchase the following
tangible personal property(the "Goods"): Gravel Shaker.
2. Price.
Buyer shall pay Seller for the Goods the sum of Four thousand five hundred dollars($4,500).
Buyer shall make payment of the purchase price in full within ten(10) days following delivery of
the Goods by Seller as provided herein, subject to Buyer's right of inspection as set forth in
Section 4 below. In the event that the purchase price is not timely paid,in addition to its other
remedies, Seller may impose, and Buyer shall pay, a late payment charge equal to one percent
(1%) of the overdue amount each month.
3. Warran .
Seller warrants that the Goods shall be of good material and workmanship and free of material
defects for a period of ninety days following delivery to Buyer. If any of the Goods sold
hereunder do not conform to this limited warranty, Buyer shall notify Seller not more than five
days following the end of the warranty period and for any Goods that do not conform to this
warranty,Buyer's sole remedy, and Seller's sole obligation, shall be to replace the defective
Goods at Seller's expense or to refund the purchase price. EXCEPT AS SET FORTH HEREIN,
SELLER MAKES NO WARRANTY TO BUYER Willi RESPECT TO THE GOODS,AND
BUYER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
4. Transfer of Title.
Title to and ownership of the goods shall not pass from Seller to Buyer until Buyer has paid in
full the purchase price to Seller.
5. Taxes.
Buyer shall pay or reimburse Seller as appropriate for any sales,use, excise or other tax imposed
or levied with respect to the payment of the purchase price for the Goods or the conveyance of
title in.the Goods to Buyer. In no event shall Buyer be responsible for any tax imposed upon
Seller based upon Seller's income or for the privilege of doing business.
_ l .
03/10/2010 06: 26 9703395637 JLR ENTERPRISES PAGE 03/05
se
If to Seller:
Daniel Buxman
30598 WCR 29
Greeley,CO 80634
If to Buyer:
Frank Nix
Weld County, Colorado
6. Govergius Law.
This Agreement shall be construed and enforced in accordance with the laws of the state of
Colorado.
7. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or
unenforceable,then this Agreement, including all of the remaining terms,will remain in full
force and effect as if such invalid or unenforceable term had never been included.
8. Headimes.
Headings used in this Agreement are provided for convenience only and shall not be used to
construe meaning or intent.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of
the date first above written,
Daniel Buxman
By: c,0fl/yu d/ ,d d;L
Daniel Buxman % Frank Nix
Owner
-2-
03/10/2010 06: 26 9703395637 JLR ENTERPRISES PAGE 04/05
AGREEMENT FOR THE SALE OF GOODS
This Agreement for the Sale of Goods ("Agreement")made and effective this August, 2006,by
and between Daniel Burman, a Burman Pit Corporation("Seller")and Harold Burman, a
Burman Farms Corporation("Buyer").
Seller desires to sell to Buyer, and Buyer desires to purchase from Seller, certain tangible
personal property.
NOW, THEREFORE, in consideration of the mutual promises herein contained,the parties
hereto agree as follows:
1. Sale.
Seller agrees to sell,transfer and convey to Buyer, and Buyer agrees to purchase the following
tangible personal property(the "Goods"): John Deere Loader.
2. Price.
Buyer shall pay Seller for the Goods the sum of Seventeen Thousnad($17,000.00)- Buyer shall
make payment of the purchase price in foil within ten(10)days following delivery of the Goods
by Seller as provided herein, subject to Buyer's right of inspection as set forth in Section 4 below.
In the event that the purchase price is not timely paid, in addition to its other remedies, Seller
may impose,and Buyer shall pay, a late payment charge equal to one percent(1%)of the
overdue amount each month.
3. Warranty.
Seller warrants that the Goods shall be of good material and workmanship and free of material
defects for a period of ninety days following delivery to Buyer. If any of the Goods sold
hereunder do not conform to this limited warranty, Buyer shall notify Seller not more than five
days following the end of the warranty period and for any Goods that do not conform to this
warranty,Buyer's sole remedy,and Seller's sole obligation, shall be to replace the defective
Goods at Seller's expense or to refund the purchase price. EXCEPT AS SET FORTH HEREIN,
SELLER MAKES NO WARRANTY TO BUYER WITH RESPECT TO THE GOODS,AND
BUYER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,INCLUDING,
WITHOUT LIMITATION,ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
4. Transfer off itle.
Title to and ownership of the goods shall not pass from Seller to Buyer until Buyer has paid in
full the purchase price to Seller.
- 1 -
03/10/2010 06: 26 9703395637 JLR ENTERPRISES PAGE 05/05
5. Taxes.
Buyer shall pay or reimburse Seller as appropriate for any sales, use,excise or other tax imposed
or levied with respect to the payment of the purchase price for the Goods or the conveyance of
title in the Goods to Buyer. In no event shall Buyer be responsible for any tax imposed upon
Seller based upon Seller's income or for the privilege of doing business.
If to Seller:
Daniel Buxman
30598 WCR 29
Greeley, CO 80634
If to Buyer:
Harold Buxman
Weld County, Colorado
6. Governing Law.
This Agreement shall be construed and enforced in accordance with the laws of the state of
Colorado.
7. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or
unenforceable, then this Agreement, including all of the remaining terms, will remain in full
force and effect as if such invalid or unenforceable term had never been included.
8. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to
construe meaning or intent.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of
the date first above written.
Daniel Buxman Harold Buxman
By: cat...42/21/ By:
Daniel Buxman /� Harold Buxrnan
Owner Buyer
-2 -
CLERK TO THE BOARD
PHONE (970) 336-7215, EXT. 4225
FAX:X: (9(9 35270) 352-0242
P.O. BOX 758
GREELEY, COLORADO 80632
•
COLORADO
March 17, 2010
Daniel Buxman Sr.
1720 50th Avenue, Unit 311
Greeley, CO 80634-7990
RE: SCHEDULE NUMBERS: P3445806
Dear Property Owners:
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: Equipment for Buxman Pit, SE4NW4,
33-6-66. The meeting is scheduled for April 12, 2010, at 9:00 a.m., in the First Floor Meeting
Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado.
The Assessor is recommending that the Board approve 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 Esther Gesick
at (970) 336-7215, extension 4226.
Sincerely,
Esther E. Gesick
Deputy Clerk to the Board
cc: Assessor
Peggy Burkey
30598 County Road 29
Greeley, CO 80631
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