HomeMy WebLinkAbout880271.tiff 15-OPT FOR' RESCRIBED BY THE PROPERTY TAX ADMINISTR R
FORM 920 1/BB-1/B4 PE-. iN FOR ABATEMENT OR REFUND OF 1..AES—HOECKEL CO.. DENVER 339oe
Petitioners: Use this side only. AS
Greeley , Colorado,.... , 19 95
City or Town
To The Honorable Board of County Commissioners of Weld County
Gentlemen:
The petition of City of Greeley and Greeley General Improvement Dist.
whose mailing address is 1000 Tenth Street,
Greeley Colorado 80631
City or Town State Zip Code
SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL
096105423004 GR 4985 L 22 Blk 58
% 721 9th St. %
respectfully requests that the taxes assessed against the above property for the years A. D.
19 83 , 19 , 19 , are erroneous or illegal for the following reasons, viz:
(Explain completely why the assessment is erroneous or illegal)
The property became non-taxable on March 18 , 1983 . This Board pre-
viously approved a request for abatement for tax after September 28,
1983 . City and District are willing to pay principal which accu-
mulated betwen March 18 and September 29 , 1983, but asked that
penalty and interest be abated for that time period.
C \J c \-c C \\s4O- 1922' 5 L. l Sq
19.93_. - 85 19 19
Value Tax Value Tax Value Tax
Orig. $2425 . 86 including penalty and interest
Abate. $1940, 43
Bal. $ 485. 43
That he has not paid said taxes. Wherefore your petitioner prays that the
taxes, as aforesaid erroneously or illegally assessed, may be abated or refunded in the sum of
$ 1940. 43
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
Greeley General Improvement District
t3r ' and City of Greeley
Oft l P lionlei
rt
lb
By A '1
Address 1000 Tenth Street
Greeley, CO 80631
8801271 -
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RESOLUTION OF COUNTY COMMISSIONERS
WHEREAS, The County Commissioners of Weld County,
State of Colorado, at a duly and lawfully called regular meeting held on the 4th day
of April , A.D. 19 88 , at which meeting there were present the following
members. Chairman Gene R. Brantner and Commissioners C.W. Kirby, Jacqueline
Johnson, and Frank Yamaguchi. (Commissioner Gordon E. Lacy, excused)
notice of such meeting and an opportunity to be present having been given to the taxpayer and
the Assessor of said County and said Assessor Richard Keirnes and taxpayer
represented by Susan Sanders being present; and (nHme)
(name)
WHEREAS, The said County Commissioners have carefully considered the within applica-
tion, and are fully advised in relation thereto,
NOW BE IT RESOLVED, That the Board concurs with the recommendation of
(concurs or does not concur)
the assessor and the petition be approve and an abatement/refund be allowed
(approved or denied) (be allowed or not be allowed)
penalties and interest
on a4t?igs � X�I₹Ydtldi₹5tIR$xx for $ 1 44 .43 total tax for the year(s) 19 83-85
� .t .... . ..�i
nktt
Chairman of Board of County Commissioners.
STATE OF COLORADO,
ss.
County of Weld 11
I, Mary Ann Feuerestein ., County Clerk and Ex-officio Clerk
of the Board of County Commissioners in and for the County of Weld
State of Colorado, do hereby certify that the above and foregoing order is truly copied from the
records of the proceedings of the Board of County Commissioners for said Weld
County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Greeley , this 4th.. a of. April , A. D. 19 88
-,�"County Clerk.
11 / /
By 1 J 02P—t1 _.- -,(_1(..!.:<.x ..
Deputy.
ACTION OF THE PROPERTY TAX ADMINISTRATOR
Denver, Colorado, .._,,, ccto-r---e- /t , 19 err
tion of the Board of County Commissioners, relati a to the within petition, is hereby
❑ approved; )O approved in part $ denied for the following reason(s)
AT ST:
141Vaird Secretary. Property Tax Administrator.
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880271
Law Department
GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303) 353-6123
March 24 , 1988 HAND-DELIVERED
WU WITT KitiNVIM
Board of County Commissioners 7.75 S
17
of Weld County
It11 1 l `
915 - 10th Street �` �
Greeley, Co 80631 MAR 2 51988
RE : City v. Yeager, Case No . 83CV107 GREELEY. COLO.
Commissioners :
Request for Reconsideration of the previous abatement order in
the above-entitled action is being made by the City to the end
that all sums except the principal ($490.00) be abated . The
City is requesting that it not be obligated to pay interest and
penalties on the principal sum.
Thank you for your review and anticipated reconsideration of this
matter.
Re ctfully s mitt ,
26 SAN E . SANDERS
ssistant City Attorney
SES/es
xc: Lee Morrison
Cc a LJ, s - CF
880271
i mEmoRAnDum
Wilk Board of
To County Commissioners Date March 24 , 1988
COLORADO From Lee D. Morrison, Assistant County Attorney
subject Re-Hearing on Abatement for Lot 22 , Block 58,
Greeley, a/k/a 721 Ninth Street
This property was the subject of a condemnation action by the
Greeley General Improvement District . On March 18 , 1983 , the
District Court granted immediate possession to the Greeley General
Improvement District. The County did not receive notice that this
was tax exempt property until September 28 , 1983 . The County was
requested to consider an abatement based upon the tax exempt
nature of the property and a partial abatement was granted for
that period of time following the date in which the County
received notice of the tax exempt nature of the property. The
State Property Tax Administrator disagreed and gave the opinion
that the entire amount should have been abated back to the date of
immediate possession despite the City' s failure to give notice.
In the interim between the abatement and the time of the Property
Tax Administrator' s decision, the City tendered the $485 .83 in
principal that was owed but did not tender any penalties or
interest. At that time, we refused that payment. Since that
date, based on the Property Tax Administrator' s position, I
believe it is appropriate to further abate the City of Greeley' s
obligation to exclude penalty and interest in order to settle this
matter. Therefore, I will recommend to the Board that it abate
all penalties and interest so that the City ma pay the $485 . 83 in
principal only as originally offered by the fty.
Liz______,ii
i (7,,,,,,-,
Lee D _ orrison
Assistant County Attorney
LDM: ss
880271
fir:(,+ f IS-pPT. a
�.'�"• FORM PRESCRIBED BY THE PROPERLY TAX ADMINI'''RATOR
:. I : FORM 920 IXEfi a F -ION FOR ABATEMENT OR REFUND 'AXES—HDECKEL CO.. DENVER 3390E L
i.
Petitioners: Use this side only. 1
• Greeley Colorado July 8 19 86
City or Town .
Weld
To The Honorable Board of County Commissioners of County
•
Gentlemen:
•
The petition of_..The City of Greeley and Greeley General Improvement
District No. 1
whose mailing address is. 919 - 7th St. •
Greeley CO 80631
City or Town State • Zip Code
•
SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL
• 096105323004 GR 4985 L22 BLK 58 %721 9TH ST% --'
•
respectfully requests that the taxes assessed against the above property for the years A. D.
19 83 19 84 19 85 are erroneous or illegal for the following reasons, viz:
(Explain completely why the assessment is erroneous or illegal)
See Exhibit "A" attached hereto and incorporated herein
by`reference.
•
19...83 19 84 19 85
Value Tax Value Tax Value Tax
)
N/A See 1984 N/A 182534 N/A $ 234 . 02.
prig,
Abate. $1825 . 34 (1983 & 1984 ) $234 . 02 (1985)
•
f •
pal. N/A
1, it
That hi has not paid said taxes. Wherefore your petitioner prays that the
taxes, as aforesaid erroneously or illegally assessed, may be abated or refunded in the sum of
s 2059 . 36
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.
ccs
Greeley General Improvement District
CJ
`• . G NO. 1 Petitioner
w• -
• ��_ � CR,
By Robin Cochran Agent #12665
iII it'':'. Assistant City Attorney
3o qti
I�9 " Address 919 — 7th St. , Greeley, CO 80631
880271
_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
RESOLU.LON OF COUNTY COMMISSIONER,.
ii
WHEREAS. The County Commissioners of Weld County,
State of Colorado, at a duly and lawfully called regular meeting held on the 13th day
` '1
of August , A.D. 19 86 , at which meeting there were present the following
(c
members. Chairman Jacqueline Johnson, Commissioners Gene R, Brantners,.C.,.W, w
(Bill) Kirby,, and Frank Yamaguchi
notice pf such meeting and an opportunity to be present having been given to the taxpayer and
the Assessor of said Comm and said Assessor Herb Hansen and taxpayer
Robin Cochran, City AtCitrAttorney, being present; and (name)
(name) from City of Greeley
WHEREAS, The said County Commissioners have carefully considered the within applica-
tion, and are fully advised in relation thereto,
NOW BE IT RESOLVED, That the Board concurs with the recommendation of
partially (concurs or does not concur) ---
the assessor and the petition be..app.roved....._..., and an abatement/refund be allowed
(approved or denied) (be allowed or not be allowed)
on an assessed valuation of $ 8,77Q‘Q0 for $..4.1.7...2.0 total tax
`1_for
r/the year(s)� 19.835-8
hair ' of Board of County Commissioners.
STATE OF COLORADO,
County of WELD
ss.
I Mary Ann Feuerstein County Clerk and Ex-officio Clerk
of the Board of County Commissioners in and for the County of Weld
State of Colorado, do hereby certify that the above and foregoing order is truly copied from the
records of the proceedings of the Board of County Commissioners for said Weld
County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Greeley, Colorado , this 13th day of August , A. D. 19 86
4
1 County Clerk.
`By_\.a.. .. ! ..7. 1.4 .e. �-r-t—ft_e-c--)
Deputy.
ACTION OF THE PROPERTY TAX ADMINISTRATOR
I
Denver, Colorado, March 2 19 87
The action of the Board of County Commissioners, relative to the within petition, is hereby
® apprgved; ❑ approved in part $ 917.20 O denied for the following reason(s)
A1kLST{ 6.1.„.171A,
r Secretary. Property Tax Administrator.
880211
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EXHIBIT B
Possession of the subject property was obtained by the City of Greeley and
Greeley General Improvement District No. 1 , a non-taxable entity, by Court Order
for Immediate Possession on March 18, 1983. Notice of change of possession was
not obtained until September 28, 1983, when the Treasurer was served in the
condemnation action. Due to an error, the Weld County Assessor was not notified
that this property was in possession of said governmental entity. Please see
corrected figures based upon the September 28, 1983, date, as shown below:
1983 1984 1985
Value Tax Value Tax Value Tax
Orig. 10,890 1,087.16 2,920. 307.82 2,090.00 234.02
Abate. 3,760 375.36 2,920 307.82 2,090.00 234.02
Balance 7,130 711.80 0 0 0 0
The aforementioned taxes may be abated in the sum of $917.20
880271
n.
EXHIBIT "A"
This property was the subject of a Petition in Condemnation
filed by Greeley General Improvement District No. 1 ( a tax exempt
entity) on or about February 23 , 1983 . On March 18 , 1983 , the
District Court of Weld County granted immediate possession of the
property to Greeley General Improvement District No. 1 . On
September 28 , 1983 , the County Treasurer was named and served
with the Second Amended Petition in Condemnation and had notice
of all proceedings , including the fact that the City of Greeley
had possession of the property. Nonetheless , the Treasurer
continued to assess taxes and sell tax certificates for 1983 and
1984 . The Greeley General Improvement District No. 1 and the
City of Greeley are tax exempt pursuant to Article X , Section
4(g) of the Colorado Constitution.
880271
�o co�o� Colorado Department of Local Affairs
� g9o\ DIVISION OF PROPERTY TAXATION
Mary Anne Maurer
* Y */
Property Tax Administrator
/876 */
Roy Romer
Governor March 2, 1987 r,,
Jackie Johnson, Chairman
Weld County Commissioners '98�
P.O. Box 758
Greeley, CO 80632
RE: Abatement Petition
1983 through 1985 Real Property Tax
Weld County Schedule #096105323004
D.P.T. #62-06-06
Dear Commissioner Johnson:
Please be advised that I have approved the above petition in the
amount of $917.20; however, I disagree with your partial approval . I
want to take this opportunity to explain.
Statute provides that any person conveying taxable property which
becomes exempt by virtue of the conveyance is relieved of all further
tax obligations on the date title is conveyed by agreement, or upon the
date title is conveyed by an order of the court, 39-3-107, C.R.S.
Statute further provides that the treasurer shall forthwith accept
payment of the prorated taxes for the current year, 39-3-108, C.R.S.
If the order issued by District Court of Weld County granted
immediate possession of the property on March 18, 1983, to Greeley
General Improvement District No. 1, the property became exempt on March
18, 1983. The court order should be examined to determine the exact
date. Typically, if a court does not specify a date, then the date of
the order becomes the date of conveyance. If the county is not
immediately notified, the date the property became exempt is not
affected. The date remains the same, and the county must enter that
date upon the record.
Weld County Treasurer should have collected $226.42 in taxes when
discovery of the exemption occurred, if the date of the court's order
was, indeed, March 18, 1983. The remainder of the 1983 taxes, $860.74,
is subject to abatement in the amount of $860.74, making a total
approved amount for 1983, 1984, and 1985 $1,402.58.
This letter was filmed with March 9, 1987,
Reports & Communications.
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880271
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& %Pc OFFICE OF WELu COUNTY CLERK AND RECORDER
• DEPARTMENT OF CLERK TO BOARD
MARY ANN FEUERSTEIN
422
PHONE (303) 356-4000 EXT. MS
O P.O. BOX 459
GREELEY, COLORADO 80631
COLORADO
December 22, 1986
Mary Ann Mauer
Property Tax Administrator
1313 Sherman Street
Denver, CO 80203
RE: Petition for Tax Abatement from City of Greeley and Greeley General
Improvement District No. 1
Dear Ms. Mauer:
On August 13, 1986, the Board of County Commissioners of Weld County,
Colorado, approved a partial abatement for the City of Greeley and Greeley
General Improvement District No. 1 and a Resolution was mailed to your
office on that date advising you of same. As of this date, this office has
not received a response informing us of your action concerning this item.
We would appreciate your prompt attention to this matter. If you desire
further information, please do not hesitate to contact the office of Clerk
to the Board at 356-4000, ext. 4225.
Sincerely,
Mary Feuerei
Weld County Clerk and Recorder
and Clerk to the Board
Encl: 5 pages
880271
Jackie Johnson, Chairman
Weld County Commissioners
March 2, 1987
Page 2
If I can answer any questions, please feel free to contact me.
Sincerely,
,
Mary Ann Maurer
Property Tax Administrator
MAM:MH:tw
cc: Robin Cochran
Weld County Assessor
Weld County Treasurer
mm224wcc
880271
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MARY ANN FEUERSTEIN
�� y
= OFFICE OF WELD COUNTY CLERK AND RECORDER
';� DEPARTMENT OF CLERK TO BOARD
422f
(3031 3564000 EXTx]Z4
CPHONE
P.O. BOX 459
GREELEY, COLORADO 80631
Wilg
COLORADO
July 24 , 1986
Robin Cochran
Assistant City Attorney
919 7th Street
Greeley, Colorado 80631
Dear Ms. Cochran:
This is to advise you that the Weld County Board of County
Commissioners will hear the petition for tax abatement or refund
concerning the City of Greeley General Improvement District No. 1
on property described as: GR 4985 ELK 58 8721 9TH ST%. This
meeting is scheduled for Wednesday, August 13 , 1986, at 9: 00 A.M.
The meeting will be held in the Chambers of the Board, Weld County
Centennial Center, First Floor, 915 10th Street, Greeley,
Colorado, at the above specified time.
If you have any questions concerning this matter, please do not
hesitate to contact this office.
Sincerely,
•
OrtA.vCicatantrti
Mary AIY1 Feuerstein
Weld County Clerk and Recorder
and Clerk{ �to� the Board /� //
BY: AQ� Mxil oimpkX b
eputy County C erk
XC: Assessor
880271
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880271
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