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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 s1t rP . /7s, ,Pc 7 2009-1044 AS0072 et://, /2„)`/ 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 Hello