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HomeMy WebLinkAbout20060962.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES - DIAMOND SHAMROCK STATIONS, INC. (3630886) 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 Stations, Inc., 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 2006-0962 AS0063 TAX ABATEMENT PETITION - DIAMOND SHAMROCK STATIONS, INC. (3630886) 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 COUNTY COMMISSIONERS WELD COU , COLORADO ATTEST: fin 4 t /s` M. J. e, Chair • Weld County Clerk t'' e net ( f1/42 David . on g, Pro-Tern ty Clerk to thy. ; wS Wil . m H. Jerke AP O D AS TO • Robe D. M sden n ttorney p AAA Glenn Vaad Date of signature: Oc, 2006-0962 AS0063 • ,,L \ALERO Ad Valorem Tax 7X. ENERGY CORPORATION Via First Class Mail Stan Sesssions Weld County Tax Assessor 1400 N. 17c°Avenue Greeley,Colorado 80631 RE: Petitions for Abatement; Letter of Representation; Schedule No.'s 3630886 096118317004; 2396786 095913300008;P0009071 095913300008. 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 Stations, Inc. 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 c/o Christopher C. Rosas. Please feel free to contact me with any questions. Very truly yours, John Aranda CCR Cc: Weld County Board of County Commissioners 915 Tenth Street Greeley,Colorado 80632 2006-0962 PETITION FOR ABATEMENT OR REFUND OF TAXES Please submit in duplicate copies and answer all questions. —.. County Name Weld County Date Received (700G) j�/ Use Assessor's or Commissioners'Date Stamp 2 J �I i PETITIONER:Complete Section I on this side only ` Section 1: (y Date: December 22 2005 DEC 2 7 2U');b Month Day Year Petitioner's Name: Diamond Shamrock Stations,Inc. WELD COUNTY ASSESSOR Petitioner's mailing address: Ad Valorem Tax Department,PO Box 690110 Greeley, Colorado San Antonio Texas 78269-0110 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY 3630886 096118317004 2730 23rd Avenue,Greeley 80631 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 Property should be reduced from the Assessor's actual value of$54,150 to the correct actual value of the Property as of July 1,2002,which is$37,900 as determined by the factors described in C.R.S.§§39-1-101 and 39- 1-103,as amended. Petitioner will supplement. 37,900 2003 Petitioner's estimate of actual value$ J ) 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 complete. / / C))45-ft 1 .I \ (.j\/CU ctE{ Daytime Phone Number 210 ) 345-2297 Petitioner's Signature By Daytime Phone Number( 1 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 Certified Article Number 7160 3901 9849 2801 3896 SENDERS RECORD s - (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. Petitioners Signature Date Assessors or Deputy Assessors 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• • filed in (If a protest was filed,please attach a copy of OD.) ■ nied -r the following reason(s): 774449 /� /e cnm Q"rr��,./S pe�/� 'ieSo - To Sri Yi— `�i/ e re-c uctat1c7 ,J n / 6 esso s or De uy Assessors ignature Section In: 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 mo 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 I, ,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 GWBRI.WBATE'CNMREV1-2000 CLERK TO THE BOARD res PHONE (970) 336-7215, EXT.4225 FAX: (970) 352-0242 P.O. BOX 758 111kGREELEY, COLORADO 80632 COLORADO February 3, 2006 DIAMOND SHAMROCK STATIONS, INC AD VALOREM TAX DEPARTMENT PO BOX 690110 SAN ANTONIO, TX 78269-0110 RE: SCHEDULE NUMBER 3630886 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: 2730 23RD AVENUE, GREELEY 80631. 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, iateltbAti Donald D. Warden Clerk to the Board By: i itt_ C f1/1 Deputy Clerk t he Board cc: Assessor 2006-0888 ri t ‘ CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 Wine FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO April 25, 2006 Diamond Shamrock Stations Inc Ad Valorem Tax Departent PO Box 690110 San Antonio TX 78269-0110 RE: SCHEDULE NUMBER 3630886 096118317004 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. Very truly yours, D 41'Dona (J . J Clerk to the Board cpoty"Clerk to the Board cc: Assessor Christopher Rosas Hello