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HomeMy WebLinkAbout860853.tiff %G 6x - u,e- - /v 1S-OPT FORIL-PRESCRIBED BY THE PROPERTY TAX ADMINISTRA "'•R ' .FORM 920 1/66-I/84 PE DN FOR ABATEMENT OR REFUND OF - :S—HOECKEL CO.. DENVER 99905 9 Petitioners:ti- )s Use this side only. y..k,A c�1 ,N�4-4E-- , Colorado, ZS� , 19Dz¢City or Town To The Honorable Board of County Commissioners of (/J L D County Gentlemen: \ -�-( \ The petition of II \\W�{`�4-C—. CLS t�Q-acL ,'4 C-2'�. whose mailing address is:lt.00) - C�� , "-`l-4 4J-N t• U en-- Gal a.o s6(-9_332_-oo$1 City or Town State Zip Code SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL 2.3Ski- R Qvw )4 S 4 -s(4Le Cil CSTPn't._.. 3- 3cr. (Akell ) rearecrtfully requests that the taxes assessed against the above property for the years A. D. 19 , , 19 19 , are erroneous or illegal for the following reasons, viz: (Explain completely why the assessment is erroneous or illegal) _ Cnet Reittwat -ueJ$, c U4s2.41/46 J c&.k EY421M)\cnti._ % CL. 5A Lt C►" eA- i A Iii Ctto - FOIL- STATE or COLL 2fDo o,4RA or / LNo C -eni .IrsioErtl. R vN 19.F.S 19 19 Value Tax Value Tax Value Tax Orig. -bSCc O 2cl T - c4 ) \ C 7.5 e\ t.)^rv.-. a.Abate. 314- 135 0 r\, 5% That he has paid said taxes. Wherefore your petitioner prays that the tax s, as aforesaid erroneously or illegally assessed, may be abated or refunded in the sum of './1 5% 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. co Petiti .r B Agent yikaiWeut.. Ad lee • T , AddressL0`b' V--' ibb-N v t3to_ L 7..wL /ts000 i ---- -.3coo I 860853 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 27th day of August , A.D. 19 86 , at which meeting there were present the following members. Chairman Pro-Tem Gordon E. Lacy and Commissioners Gene R. Brantner, C.W. Kirby, and Frank Yamaguchi, with Chairman Jacqueline Johnson being 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 Herb H. Hansen and taxpayer neither present nor represented Mr"hy*tl slit; and (name) (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 approved...., and an abatement/refund_..alloxaed (approved or denied) (be allowed or not be allowed) on an assessed valuation of$ 450. for $ 37anty al for the year(s) 19 85 Pro ten; o Commissioners. STATE OF COLORADO, ss. County of Weld I, Mary..Ann..BsuersS.ein , 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 27th day of August , A. D. 19...86..."Mal. „ County Clerk. . .Q77q s¢..- t<-c-Rs.6✓ Deputy. ACTION OF THE PROPERTY TAX ADMINISTRATOR Denver, Colorado, .Maro.h..25 , 19..87 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) Abatement is not a remedy. Tax.paYer(s remedy._w s to pursue remedies s provided in 39-5-122, C.R.S. AT T: • it-tia-# 01,AaC.-1 Secretary. 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Reichel **** THIS DOCUMENTS WAS FILMED WITH Secretary-Treasurer MARCH 30, 1987, COMMUNICATIONS Bellwether Exploration Co. 600 17th Street, #400-N Denver, CO 80202-0051 RE: Abatement Petition 1985 Real Property Taxes Weld County Schedule #08073600002700001L, 2L, 3L, 08073600001500001L and 2L D.P.T. #62-06-07 through 62-06-11 Dear Mr. Reichel : Please be advised that I have disapproved the above petitions in the amount of $2,482.46 because neither the valuation nor the tax is erroneous or illegal . The Weld County Assessor's Office received your 1985 declaration schedules on April 11 , 1985. The assessor determined the value of your property based upon the information provided by your company. Notices of valuation were mailed to Bellwether Exploration Co. on May 16, 1985. The notices indicated the valuation assigned to your property and advised you of your right to protest the assigned valuation; however, the assessor's records indicate that you did not file a protest during 1985, thereby waiving your statutory remedies. The Colorado Supreme Court pertinently found in Stephens & Co. v. Board of Equalization of the City and County of Denver, 104 Colo. 556 (p. 560 and 561) : " . . . `although it is otherwise where the mistake is made by the taxpayer himself, and is the result of his neglect of some legal duty, or where the facts which would have shown the mistake were within his own possession or within his reach. ' and "So in the instant case it appears from the complaint that the bookkeeper erroneously included in the average valuation of merchandise for a certain twelve-month period merchandise which had never had a taxable situs in the state of Colorado, and merchandise which had been in the state for a period of less than one year from April 1st. This valuation was placed in the tax schedule filed by the taxpayer. No person employed by the taxing agency had any part whatsoever in fixing this valudtion. It was 1313 Sherman Street, 623 Centennial Building, Denver, Colorado 80203 (303) 866-2371 .S cc—yet ) l, , Daniel D. Reichel March 25, 1987 Page 2 the duty of plaintiff in error to file a correct schedule and to know what elements of value and property were listed in that schedule prepared by it. Its failure in that regard was the neglect of a legal duty resting solely upon it. To permit recovery under the facts and circumstances in the instant case would endanger the entire tax structure of the state and lead to a multiplicity of suits for refund of taxes. In reaching the conclusion announced we believe our holding to be in harmony with the great weight of authority. " The Weld County Assessor relied on the information provided by your company to value the property; and because you did not file a protest in June 1985, the valuation is considered to be an overvaluation and abatement is not a remedy. Overvaluation is not the basis for an abatement because overvaluations are capable of adjustment by protesting to the assessor in June before the tax bill is mailed the following January. By May 24 the county assessor must notify the taxpayer in writing if the value of land or improvements increases. The notice must state that the taxpayer has the right to protest the increase in valuation. The protest begins the administrative remedies process . The taxpayer should file a protest with the county assessor between June 1 and June 25 of any year in which there is a concern over the assigned value. The final date to file is June 25. By law, the assessor must respond by the last working day in June. If the taxpayer feels the assessor did not grant adequate relief, an appeal may be filed with the County Board of Equalization (the County Commissioners) , the Board of Assessment Appeals, and, finally, to the District Court of the county wherein the property is situated, if necessary. Each year is considered a new assessment year; and if a taxpayer does not initiate the protest to the assessor in June, administrative remedies are waived and the value becomes the basis of the tax bill the following January. Due to the fact that you did not protest the valuation assigned to your property when you were notified of the 1985 value, you waived your administrative remedies for the 1985 tax bills. I, therefore, disapproved your petition . You have the right to appeal my decision. You may file an appeal with the Board of Assessment Appeals within thirty (30) days from March 25, 1987, which is the date of my disapproval . Appeal forms and instructions may be obtained from: Daniel D. Reichel March 25, 1987 Page 3 Board of Assessment Appeals Department of Local Affairs 1313 Sherman Street, #420 Denver, Colorado 80203 (303)866-5880 If we can answer any further questions you might have, please feel free to contact my office. Sincerely, Mary Anne Maurer Property Tax Administrator MM:MH:BK:tw mm323dr 4 .. �p� p� rFTt RgTFT ) Y CLYERIC'ANDERt( U�DER S OFFICE OF WELD COUNT k‘\-t.. DEPARTMENT OF CLERK TO BOARD 4225 WI I D C PHONE 1303) 356-4000 EXT 59 OP,O. BOX 459 GREELEY, COLORADO 80631 COLORADO August 13 , 1986 Daniel D. Reichel Bellwether Exploration Company 600 17th Street, Suite 400-N Denver, CO 80202-0051 Dear Mr. Reichel: This is to advise you that the Weld County Board of County Commissioners will hear the petitions from Bellwether Exploration Company for tax abatement or refund on various parcels located in Section 36 , Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado. This meeting is scheduled for Wednesday, August 27 , 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, .ly Mary Ann Feuerstein Weld County Clerk and Recorder and Clerk to the Baa \ a 1 By_ (fl1 lL�2 cc,) Deputy County erk XC: Assessor Put ymlr'dams in the aft. - *Son- as 1M •• kria Aaer"x lrn't �awssr, • tar a. .. I1. ❑ Show to atom,amp!arar/Mofa lleV. 2. O Ramleted Delis% DANIEL D. REICHEL BELL:d THER EXPLORATION 600 17TH ST. , STE. 400--N DENVER, CO 807_02-0051 -_: --T7pe - Article Number 8 , . �- 'Ii IL X { P 110 552 670 s ate.—cwt r. X ' ,1 r RECEIPT FOR CERTIFIED MAIL 7. Moat Gilkey- 1� NO INSURANCE COVERAGE PROVIDED Ada mac ris /s NOT FOR INTERNATIONAL MAIL DANIEL D. REICHEL BELLWETHER EXPLORATION 600 17TH ST. , STE. 400-N DENVER, CO 80202-0051 II: 0 Postage $ m « Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered m Return receipt showing to whom, m Date, and Address of Delivery a TOTAL Postage and Fees $ C LL c Postmark or Date 0 R E /th 0. Hello