HomeMy WebLinkAbout20091044.tiffRESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXESBRIGHT ASSISTED
LIVING, LLC
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 4th day of May, 2009, at which meeting there
were present the following members: Chair William F. Garcia, and Commissioners Sean P.
Conway, Barbara Kirkmeyer, and Douglas Rademacher, 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 Bright Assisted Living, LLC, 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
VALUATION
ABATEMENT
OR REFUND
TAX
YEAR
$94,680.00
$8,867.16
2008
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2009-1044
AS0072
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TAX ABATEMENT PETITION - BRIGHT ASSISTED LIVING, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of May, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY:
7M, JIA
Deputy Clerk,.to the Board
APPR .OV�
Date of signature
unty Attorney
BOARD OF COUNTY COMMISSIONERS
WELD AUNTY, COLORADO
illiam F. Garcia, Chair
ouglas ademac'er, Pro -Tern
P. Conway
Se
rbara Kirkmeyer
EXCUSED
David E. Long
C-
2009-1044
AS0072
County: Weld
PETITIQ_NFOR ABATEMENT OR REFUND OF TAXES
Slr,i..
Date Received
ZUH9iif�Y 22 Pier 2: 42
Section I: Petitioner, please complete Section I only.
Date: February 10 2009
Month Day Year
BRIGHT ASSISTED LIVING LLC
Petitioner's Name:
Petitioner's Mailing Address: 610 HEMLOCK DR „REELEY COLORADO
WINDSOR, CO 80550
c2007 Oct,
(Use Assessor's or Commissioners' Date Stamp)
RECEIVED
FEB 17 2009
WELD COUNTY ASSESoOc.
City or Town State
Zip Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
R7564599 LOT 31 GOVERNORS FARM 4TH AMENDED
AKA 610 HEMLOCK DR WINDSOR, CO
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.)
In year 2008 the occupancy was changed from "Home For The Elderly" to "Elderly Assisted Living". The default
abstract on the computer for "Elderly Assisted Living" was 2212 a commercial assessment rate. The correct
assessment rate is residential or 1225.
Petitioner's estimate of value:
$ 500,000.00 ( 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. "N, .
Daytime Phone Number
/ 1 /� Plet1tioner s Signature
By Daytime Phone Number (
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:
Actual
Assessor's Recommendation
(For Assessor's Use Only)
Tax Year 2008
Assessed Tax
Original 500,000 134,480 $12,594.59
corrected 500,000
Abate/Refund
0
39,800 $3,727.43
94,680 $8,867.16
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):
ssessor's Depu Assessor's ign fire
15-DPT-AR No. 920-66/06
2009-1044
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund fled 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 III: 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
Original
Corrected
Abate/Refund
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 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
called regular meeting held on / / , 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 taxpayer 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
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 $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)
action f the Board of County Commissioners, relative to the within petition, is hereby
ed n Approved in part $ ❑ Denied for thefollowing reason(s):
Secretary's Sig atur roperty Tax Administrators 'Ynure Date
15-D -AR No. 920-66/06 1.
CLERK TO THE BOARD
PHONE (970) 336-7215, EXT. 4225
FM: (970) 352-0242
P.O. BOX 758
GREELEY, COLORADO 80632
COLORADO
March 31, 2009
Bright Assisted Living, LLC
610 Hemlock Drive
Windsor, CO 80550
RE: SCHEDULE NUMBER R7564599
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: Lot 31, Governors Farm 4th Amended,
aka: 610 Hemlock Drive, Windsor, Colorado. The meeting is scheduled for May 4, 2009, 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,
( J c,
Esther E. Gesick
Deputy Clerk to the Board
cc: Assessor
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