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HomeMy WebLinkAbout20060963.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES - DIAMOND SHAMROCK REFINING AND MARKETING COMPANY, LESSEE (4060986) 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 March,2006,at which meeting there were present the following members: Chair M. J. Geile, and Commissioners William H. Jerke, Robert D. Masden, and Glenn Vaad, with Commissioner David E. Long being excused, and WHEREAS, at said meeting on March 27, 2006, the Board of County Commissioners deemed it advisable to continue said matter to April 3, 2006, at 9:00 a.m., and WHEREAS,at said meeting on April 3, 2006, there were present the following members: Chair M. J. Geile, and Commissioners William H. Jerke, David E. Long, Robert D. Masden, and Glenn Vaad, and WHEREAS,notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County, and said Assessor, Stan Sessions, being represented by Mike Sampson,and taxpayer Diamond Shamrock Refining and Marketing Company, Lessee, 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, denied, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $0.00 $0.00 2003 2006-0963 co Ns, P AS0063 p5 -0/-06 TAX ABATEMENT PETITION - DIAMOND SHAMROCK REFINING AND MARKETING COMPANY, LESSEE (4060986) PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 3rd day of April, A.D., 2006. BOARD OF C NTY COMMISSIONERS WELD CO , COLORADO ATTEST: �:;ii. ; �i eat.- M. J. , Ch it Weld County Clerk to David E. Long, Pro-Tem BY• 1i " Deputy Clerk to the Board W iam H. Jerke R ED ASTOF ' Robn D. M�asdgn my Attorney Glenn Vaad Date of signature: 0ilLginC. 2006-0963 AS0063 { r PETITION FOR ABATEMENT OR REFUND OF TAXES Please submit in duplicate copies and answer all questions. CL.-)5-1. �y,,y�✓ -�'2) County Name Weld County Date Received `-"-- ✓ J`" Use Assessors or Commissioners'Date Stamp PETITIONER:Complete Section I on this side only Section I: DECDate: December 22 2005 D 7 7 Month Day Year Petitioner's Name: Diamond Shamrock Refining and Marketing Company,Lessee WELD COUNTY ASSESSOR Petitioner's mailing address: Ad Valorem Tax Department,PO Box 690110 Greeley, Colorado San Antonio Texas 78269-0110 City Of Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY 4060986 098131416003 113 North 2nd Street,La Salle 80645 Petitioner states that the taxes assessed against the above property for property tax year 2003 is incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. (The petitioner's estimate of actual value must be Included.) Attach additional sheets if necessary. The determination of the actual value of the Property by the Assessor is erroneous and otherwise improper because it does not accurately reflect the actual value of the Property for property tax purposes as required by the provisions of C.R.S.§§ 39-1-103 and 39-1-104.,as amended. The actual value of the Properly should be reduced from the Assessor's actual value of$85,150 to the correct actual value of the Property as of July 1,2002,which is$59,600 as determined by the factors described in C.R.S.§§39-1-101 and 39- 1-103,as amended. Petitioner will supplement. Petitioners estimate of actual value$ 59,600 12003 I Value Year Petitioner requests an abatement or refund of the appropriate taxes associated with a reduction in value. I declare,under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits or statements,has been examined by me,and to the best of my knowledge,information and belief,is true,correct and com(ilepletee�. ` Mk-- a.&AJt -GTA Daytime Phone Number]210 ) 345-2297 (C// Petitioners Signature By Daytime Phone Number j Agent's Signature' 'Letter of agency must be attached when petition is submitted. Every petition for abatement or refund filed pursuant to section 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 II: Assessor's Use Only Tax Year Assessed Value Tax Original Corrected AbatelRefund Senders Record—Certified Article Number ® 7160 3901 9849 2801 3896 CO—Weld County 2003 RE and PP Petitions C • r (FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY) RESOLUTION OF COUNTY COMMISSIONERS Resolution No. Section I: In accordance with 39-1-113(1.5),C.R.S.,the commissioners of County authorize eisor 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. The assessor and petitioner mutually agree to an assessed value and tax abatement/refund of: Tax Year Assessed Value Tax Original Corrected AbatelRefund PLEASE 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 YOUR COUNTY TREASURER FOR FULL PAYMENT INFORMATION. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date If Section I is not complete and/or if petition is for more than$1,000,Section II must be completed. Submit an original petition and a copy to the Division of Property Taxation. Section II: Assessor's recommendation: Approved or Approved in part$ N• • • - t filed in (If a protest v�y5 Ii ,please attach a cgpy of NOD.) Denied I•r the following reason(s): •a Lf� � �A _-_ S T_ _,t It — A ' ,Nf rest D S �/�l( /5e�Nt ve-i4 �VA/44f_ eAn•-"ye Asses a or Asses is Signature Section III: WHEREAS,The County Commissioners of County,State of Colorado,at a duly and lawfully called regular meeting held on / /2003 ,at which meeting there were present the following ma day yr members: 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/denied)and an abatement/refund be(approvedldenied)for property tax year . The taxes to be abated or refunded are$ which represents an assessed value of $ 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 at ,this day of Time Date Month Year County Clerk's or Deputy County Clerk's Signature ACTION OF THE PROPERTY TAX ADMINISTRATOR Denver,Colorado Month Day Year The action of the Board of County Commissioners,relative to the within petition,is hereby Approved: Approved in part$ ; Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature a Weft.tt2ATECORMREV1.2000 ae WLERO Ad Valorem Tax ?%ENERGY CORPORATION Certified Article Number - . - '- 7160 3901 9840 0108 6441 Via First Class Mail SENDERS RECORD Stan Sesssions Weld County Tax Assessor 1400 N. 17th Avenue Greeley,Colorado 80631 RE: Petitions for Abatement; Letter of Representation; Schedule No.'s 4060986 096131416003; P0014846 096131416003. Dear Mr. Sessions: The purpose of this letter is to provide notice to your office that the following law firm has been retained to represent Diamond Shamrock Refining and Marketing Company in regard to the petitions for abatement filed with your office for year 2003 as reflected above: Christopher C.Rosas Colorado Bar No. 33018 PHILLIPS&AKERS,P.C. 3200 Southwest Freeway,#3400 Houston,Texas 77027 (Voice): 713.552.9595 (Facsimile) 713.552.0231 Please note in your records that copies of all notices or communications by the Weld County Assessor's Office or the Weld County Board of County Commissioners should also be mailed to this office do Christopher C. Rosas. Please feel free to contact me with any questions. Very truly yours, 1 ^,1A ` 1fdt4"lr John Aranda CCR Cc: Weld County Board of County Commissioners 915 Tenth Street Greeley,Colorado 80632 2006-0963 r CLERK TO THE BOARD PHONE (970) 336-7215, EXT.4225 FAX: (970) 352-0242 P.O. BOX 758 ' GREELEY, COLORADO 80632 C. COLORADO February 3, 2006 DIAMOND SHAMROCK REFINING AND MARKETING COMPANY, LESSEE AD VALOREM TAX DEPARTMENT PO BOX 690110 SAN ANTONIO, TX 78269-0110 RE: SCHEDULE NUMBER 4060986 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: 113 NORTH 2ND STREET, LA SALLE 80645. The meeting is scheduled for March 1, 2006, 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 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 Carol Harding at (970) 336-7215, extension 4217. Sincerely, silk%4 Donald D. Warden Clerk to the Board BY: /-1251A-- yLF-1(,4.) Deputy Clerk t e Board cc: Assessor 2006-0889 tit lit(‘: I64, CLERK TO THE BOARD PHONE (970) 336-721 Willie 5, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO May 1, 2006 DIAMOND SHAMROCK REFINING AND MARKETING COMPANY PO BOX 690110 SAN ANTONIO TX 78269-0110 RE: SCHEDULE NUMBER 4060986 Dear Property Owner: On April 3,2006,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 the Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 420, Denver, Colorado 80203. Ve truly yours, Via: Donald D. Warden, Clerk to the Board Byce . -- “,-, / 'f D },atyt— l/,'e;�erk to the Board cc: Assessor Christopher Rosas Hello