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Home My WebLink About20050780.tiff RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 AND 2004 - ENVIROCYCLE (CERVI LIVESTOCK) 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 9th day of March,2005,at which meeting there were present the following members: Chair William H. Jerke, and Commissioners M. J. Geile, David E. Long, and Robert D. Masden, with Commissioner Vaad 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, and said Assessor, Stan Sessions, being represented by Duane Robson, and taxpayer Envirocycle (Cervi Livestock), 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 ABATEMENT TAX VALUATION OR REFUND YEAR $129,110.00 $ 10,798.00 2003 $124,570.00 $ 9,959.64 2004 C/1 03 a4-OS- l' 2005-0780 �qq AS0060 (( A 9, ��7 p 5'-O23.O TAX ABATEMENT PETITION - ENVIROCYCLE (CERVI LIVESTOCK) PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by • lowing vote on the 9th day of March, A.D., 2005. f , 4 \ BOARD OF COUNTY COMMISSIONERS r WELD COUNTY, COLORADO ilyiligiaa , William H. J ke, Chair `.!} e � /r Clerk to the Board lob � � M. J. He, Pro- em BY: 7�.L( 4€0/4A— Deputy Clerk t the Board D d E. Long AP V AST / Robert D. Masden aunty Attorn ly EXCUSED Glenn Vaad Date of signature: S-1- 2005-0780 AS0060 PETITION FOR ABATEMENT OR REFUND OF TAXES ,9OO5- I3@ Please submit in duplicate copies and answer all questiR CE I 1 , 'IT County Name WELD Date Receive -- Kivll N 1! rli'; IL! Use Assessor's or Commissioners'Date Stamp FEB 0 4 2005 WELD COUNTY ASSESSOR PETITIONER: Complete Section I on this side only Greeley, Colorado Section I: Date: 01/31/05 Month Day Year Petitioner's Name: ENVIROCYCLE (CERVI LIVESTOCK) Petitioner's mailing address: PO BOX 1930 GREELEY CO 80632-1930 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY P2400203 PERSONAL PROPERTY Petitioner states that the taxes assessed against the above property for property tax year(s) 2003 2004 are 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. ORIGINALLY USED A LUMP-SUM VALUE AS PROVIDED ON THEIR TD-1000. WE HAVE SINCE RECEIVED AN ACCURATE LIST OF EQUIPMENT AS PROVIDED BY THE PREVIOUS OWNER. Petitioner's estimate of actual value$5675536 (2003) and $ 505'059 ( 2004) Value Year 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 corppl e. \ / Daytime Phone Number(41q 3'f6 - 6 DO" Petal ' SI ture By Daytime Phone Number( ) 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 2003 Tax Year 2004 Assessed Value Tax Assessed Value Tax Original 293,700 24,563.32 271,040 21,670.20 Corrected 146,470 13,765.38 146,470 11,710.56 Abate/Refund 129,110 10,798.00 124,570 9,959.64 2005-0780 (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 the assessor 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 Tax Year Assessed Value Tax Assessed Value Tax Original Corrected Abate/Refund 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 $1,000, Section II must be completed. Submit an original petition and a copy to the Division of Property Taxation. Section II: Assessor's recommendation: 2-A-pproved or❑ Approved in part$ No protest filed in or . (If a protest was filed, please attach a copy of NOD.) ❑ Denied for the following reason(s): Ass sor' (/ J�� C'�'- �P As ris�r9rtaMre Section III: WHEREAS, The County Commissioners of County, State of Colorado, at a duly and lawfully called regular meeting held on / / , 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 (approved/denied)for property tax year(s) and . The taxes to be abated/refunded for property tax year are $ which represents an assessed value of$ and the taxes to be abated/refunded for property tax year 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, rot -a5n Day Year The action of the Board of County Commissioners, relative to the within petition, is hereby E Approved; 0 Approved in part$ ter Denied.thr the following reason(s): Personal property schedules submitted were incomplete. eP e re ry' Ignature Pro Administrators Signature GWSR\..\AB E\FORMREg ‘...-4111111 CLERIC TO THE BOARD PHONE (970) 336-7215, EXT.4225 FAX: (970) 352-024242 P.O. BOX 758 GREELEY, COLORADO 80632 C. COLORADO February 15, 2005 ENVIROCYCLE (CERVI LIVESTOCK) P O BOX 1930 GREELEY, CO 80632-1930 RE: SCHEDULE NUMBER P 2400203 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: PERSONAL PROPERTY. The meeting is scheduled for March 9, 2005, 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 Carol Harding at (970) 336-7215, extension 4217. Sincerely, MULL Donald D. Warden Clerk to the Board By: Deputy Clerk a Board cc: Assessor Colorado Department of Local Affairs ci*K. �� Executive Director, Michael L. Beasley * r * NL'. DIVISION OF PROPERTY TAXATION */ Mary E. Huddleston l876 4v Property Tax Administrator Bill Owens Governor April 25, 2005 Envirocycle(Cervi Livestock) Attn: Mike Cervi P. O. Box 1930 Greeley, CO 80632 RE: Abatement Petition for Property Tax Years 2003&2004 • Weld County Schedule Number P2400203 DPT File Number 62-05-009 Dear Mr. Cervi: I am writing regarding the abatement petition submitted to the Division of Property Taxation for Envirocycle. Please be advised that I denied your request for abatement of taxes for property tax years 2003 and 2004. The assessors records indicate that personal property declaration schedules were submitted without a complete listing of equipment. Consequently,the assessor's valuation was based on the"best information available." In the case, Property Tax Administrator v. Production Geophysical Services, Inc., Kantara, Inc., and Comet Gas Company, Inc.,860 P.2d 514(Cob. 1993),the Colorado Supreme Court determined that a taxpayers exclusive remedy to change"best information available"assessments for personal property is-the protest procedure found in §39-5-122(2), C.R.S. Further, a taxpayer may not use the abatement procedure as an alternative method of appeal. You have the right to appeal my decision. Appeals must be submitted to the Board of Assessment Appeals(BAA)within thirty(30)days of the date of this decision. Please contact the BAA for the necessary forms and instructions at the following address and telephone number. Board of Assessment Appeals Department of Local Affairs 1313 Sherman Street,#315 Denver,Colorado 80203 (303)866-5880 www.dola.colorado.gov/baa. If you have any questions, please contact Janeen Ogden at 303-866-2134. Sincerely, FP Mary E. Hu eston Property Tax Administrator Enclosure MEH:JKO:jko CC: Stanley F.Sessions,Weld County Assessor Claude Hanes,Weld County Treasurer I/.AAO 1313 Sherman, Room 419, Denver, CO 80203, (303) 866-2371 TDD (303)866-5300 FAX (303) 866-4000 E-Mail mary.huddleston@state.co.us • a rs CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 'ligP. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO May 23, 2005 Envirocycle (Cervi Livestock) PO Box 1930 Greeley CO 80632-1930 RE: SCHEDULE NUMBER P2400203 Dear Property Owner: On April 27, 2005, the Board of Weld County Commissioners received your petition for abatement or refund of taxes that was denied by the State of Colorado. 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 yoursMa? onald . Warden, Clerk to the Board @Y t_,-/ Deputy-Clerk to the Board cc: Assessor Hello