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Home My WebLink About20090972.tiffRESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - ACEITE ENERGY CORPORATION 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 27th day of April, 2009, at which meeting there were present the following members: Chair William F. Garcia, and Commissioners Sean P. Conway, 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 Aceite Energy Corporation, 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: ACCOUNT CORRECTION TO ASSESSED VALUATION ABATEMENT OR REFUND TAX YEAR SEE ATTACHED LIST $1,458,240.00 $72,978.05 2008 7/9;77--- 2009-0972 TAX ABATEMENT PETITION - ACEITE ENERGY CORPORATION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of April, A.D., 2009. BOARD OF COUNTY COMMISSIONERS rJ ATTEST: v". 4/, Wel BY APP County Clerk to the Boar De ounty Attorney Date of signature 511 IUC1 LDaUCOLORADO 44, e,;t!glas "ademach- , Pro -Tern Sean P. Conway David E. Long 2009-0972 AS0072 County: WELD Section I: Petitioner, please complete SbO I8iti lyi 5 PH I : 35 Date: FEBRUARY 17, 2009 Month Day Year Petitioner's Name: ACEITE ENERGY CORP Petitioner's Mailing Address: 11150 HURON ST STE 210 NORTHGLENN CO 80234 City or Town SCHEDULE OR PARCEL NUMBER(S) 04970586""" SEE ATTACHED FOR COMPLETE LIST OF ACCOUNTS State Zip Code PETITION FOR ABATEMENT OR REFUND OF TAXES - -- Date Received W t� - `� '-� i f: i '(Use Assessor's or Commissioners' Date Stem LOVED ® y®■� II FEB 25 2009 WELiiCOUN I Y ASSESSOR GREELEY.COLORADO PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY OIL 8 GAS REAL AND PERSONAL PROPERTY ACCOUNTS 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.) ACEITE ENERGY CORP SOLD ALL OF THEIR WELLS TO PETROLEUM DEVELOPMENT CORP. WHEN PETROLEUM DEVELOPMENT FILED THEIR 2008 DECLARATIONS THEY LISTED THESE WELLS AS NEW AND DID NOT ADVISE US THEY PURCHASED THESE WELLS FROM ANOTHER COMPANY. ALL OF THESE WELLS WERE DOUBLE ASSESSED. D 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 atements, has been prepared or examined by me, and to the best of my knowledge, information and belief, is nd complete. MICHAEL ('[O '6 ( Daytime Phone Number 136'3 1'6, ( " 7 � q By Daytime Phone Number I 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 Assessors Use Only) Tax Year 2008 Actual Assessed Tax Original 1,666,557 1,458,240 $72.978.05 Corrected 0 0 0 Abate/Refund 1,666,557 1,458,240 $72,978.05 IZ 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 -' or D • uty Assessors ;J' nature 15-DPT-AR No. 920-66/06 2009-0972 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 39-10-11d 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: Actual Tax Year Assessed Original Corrected Abate/Refund Tax Note: The total tax amount does not include accrued interest, penalties, and fees assodated with late and/or delinquent tax payments, if applicable. Please contact the county treasurer for full payment iinformation. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date Section IV: Decision of the County Commissioners (Must be completed it Section III does not apply) WHEREAS, The County Commissioners of County, State of Colorado, at a duly and la . • . y called regular meeting held on / / , at which meeting there were present the followin. -mbers: Month Day Year with notice of such meeting and an opportunity to be present having been given to taxpayer and the Assessor of said County and Assessor (being present --not present) and Name petitioner (being presen of present), and WHEREAS, The said Name County Commissioners have carefully considered the within . ' Ilion, and are fully advised in relation thereto, NOW BE IT RESOLVED, That the Board (agrees --does of agree) with the recommendation of the assessor and the petition be (approved --approved in part --d- ied) with an abatement/refund as follows: Year Assessed Value Taxes ate/Refund cAe, Chairperson oldie Boa dot County Commissioners' Signature County Clerk and Ex -officio Clerk of the Board of County Commissioners in and for the aforement ed county, do hereby certify that the above and foregoing order is truly copied from the record of the proceed' ' .s of the Board of County Commissioners. IN WITNESS REOF, 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 te: Abatements greater than $1,000 per schedule, per year, must be submitted in duplicate to the Properly Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than $1,000) e Board of County Commissioners, relative to the within petition, is hereby ❑ Approved in part $ ❑ D$nied for t following reason(s): 1 I 920-66/06 ACCOUNTNO APINO NAME1 TOTALTAX ACTUAL VAL ASSESSED` VAL O4970586 05123113 ACEITE 1123.31 26260 22980 O4966586 05123111 ACEITE 1125.91 26556 23230 O4960486 05123125 ACEITE 1412.26 38987 34110 O4970886 05123110 ACEITE 2273.63 53606 46910 O0172888 05123134 ACEITE 2355.54 55542 48600 O0085189 05123137 ACEITE 2454.71 59215 51810 O4966086 05123111 ACEITE 2760.25 65079 56950 O0147787 05123121 ACEITE 2841.78 64021 56020 O0085289 05123140 ACEITE 3407.97 82208 71930 O0234887 05123111 ACEITE 3540.92 89997 78750 O0162790 05123119 ACEITE 3583.01 70321 61530 O0085389 05123140 ACEITE 3731.1 89997 78750 O0061990 05123141 ACEITE 4066.98 95088 83200 O0062090 05123141 ACEITE 4268.87 99807 87330 O4961486 05123111 ACEITE 4712.12 106168 92890 O0211888 05123110 ACEITE 4743.58 106865 93510 O0148287 05123116 ACEITE 5428.2 103057 90180 O4971786 05123113 ACEITE 6025.49 118018 103270 O4969186 05123116 ACEITE 6441.04 165240 144580 O4967286 05123118 ACEITE 6681.38 150525 131710 72978.05 1666557 1458240 CLERK TO THE BOARD PHONE (970) 336-7215, EXT. 4225 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 COLORADO March 26, 2009 Aceite Energy Corporation 11150 Huron Street, Suite 210 Northglenn, CO 80234 RE: SCHEDULE NUMBER See Attached for List of Accounts 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: Oil and Gas Real and Personal Property Accounts. The meeting is scheduled for April 27, 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, Esther E. Gesick Deputy Clerk to the Board cc: Assessor Hello