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HomeMy WebLinkAbout850542.tiff RESOLUTION RE: AUTHORIZE APPEARANCE OF RONALD S. LOSER AS SPECIAL COUNSEL ON BEHALF OF WELD COUNTY FOR APPLICATION FOR EXEMPTION FROM PROPERTY TAX AT 1177 GRANT STREET, DENVER, COLORADO 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, financing was obtained in 1984 for premises 1177 Grant Street, Denver, Colorado, pursuant to the Colorado Counties, Inc. , public facilities project. Pursuant to this project, the United Bank of Greeley, as Trustee, for the holders of Weld County Certificates of Participation in the project and Weld County has leased the premises from United Bank for use as a public building, by long-term lease purchase which expires on October 1 , 1999 , and WHEREAS , Weld County subleased the premises to Colorado Counties, Inc. , with an option to purchase, and WHEREAS , it was anticipated at the time of the project that the facility would qualify under Colorado law as fully exempt from property taxation, and WHEREAS , the City and County of Denver is not in agreement with the interpretation that the facility is tax exempt property, and WHEREAS, Article V, Section 5-4 of the Weld County Home Rule Charter provides for appointment of Special Counsel , and WHEREAS, Colorado Counties , Inc. , has retained the services of Ronald S. Loser of McMartin, Burke, Loser & Fitzgerald, P. C. , to represent Colorado Counties, and it has been indicated that it may be necessary that any Petition be filed on behalf of Weld County as well as CCI, and WHEREAS, CCI has indicated it will pay all attorney' s fees and costs of pursuing the property tax exemption. NOW, THEREFORE, BE IT RESOLVED that Ronald S . Loser is authorized to appear as Special Counsel on behalf of the Board of County Commissioners in and for the County of Weld, State of Colorado, as governing body for Weld County in a Petition for Abatement and Refund of Taxes through the City and County of Denver and the Property Tax Administrator if it is necessary to name all parties therein. 850542 PAGE 2 RE: AUTHORIZE LOSER TO REPRESENT WELD COUNTY PROPERTY TAX ABATEMENT FOR CCI BE IT FURTHER RESOLVED that a condition of such representa- tion be that Colorado Counties , Inc. , pay the costs and fees of the administrative appeal and that the Weld County Attorney' s Office be kept apprised of the appeal. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 5th day of June , A.D. , 1985 . //�� �� BOARD OF COUNTY COMMISSIONERS ATTEST: (�vnn TE(A WELD COUNTY, COLORADO Weld County Clerk and Recorder 41; n and Clerk to the Boa dJaline J nson, Chairman By: 2z/2 rj I G /lam .e.�.Cn..- Deputy otlnty C k ene R. Brantner, Pro-Tem APPROV D AS TO F 7/7t4'r C. Wirb}� County Attorney a y Frank Yamag hi OFFICE OF COUNTY ATTORNEY PHONE(303)3564000 EXT.94 P.O. BOX 1948 GREELEY,COLORADO 80632 wiige COLORADO June 6 , 1985 Ronald S. Loser McMartin, Burke, Loser & Fitzgerald, P. C. Suite 600 , First Interstate Center 3333 South Bannock Street Englewood, CO 80110 Dear Ron: Please find enclosed a copy of the Resolution providing for your appointment as special counsel for Weld County in the CCI property tax exemption proceeding. If this Resolution fairly sets forth the conditions under which you will represent Weld County, please indicate so by letter to the Clerk to the Board of Weld County Commissioners, P. O. Box 758 , Greeley, Colorado 80632 , with a copy to myself. This is intended to have the effect of creating an agreement between the Board and yourself for representation. Thank you for your attention to this matter. Please feel free to contact me with any further questions you may have. You truly, 1077:4A4-1-'-- ‘ Lee D. Morriso Assistant County Attorney LDM: ss Enc. xc: Clerk to the Board Weld County, Colorado MCMARTIN, BURKE, LOSER S. FITZGERALD, P. C. ATTORNEYS AT LAW SUITE 600,FIRST INTERSTATE CENTER 3333 SOUTH BANNOCK STREET ENGLEWOOD,COLORADO 80110 TELEPHONE(303)761-1481 TELECOPIER(303)781-62321 [� RONALD S.LOS ER ���+'� COD"�V" f'^'""" ."."1 June 13 , 1985 I;" JUN i 91985 c .. Clerk to the Board Weld County Commissioners P. O. Box 758 Greeley, Colorado 80632 Dear Ms . Feuerstein: I have received from Lee Morrison a copy of a resolution passed by the Board of County Commissioners of Weld County on June 5 , 1985 concerning the retention of the undersigned as special counsel concerning an application for exemption from property tax of a building located at 1177 Grant Street in Denver, Colorado . The resolution correctly sets forth the terms of this retention and the undersigned agrees with the resolution as adopted by the Board. Very ruly yours , Ronald S . Loser RSL/ar cc : Lee D. Morrison, Esq. Hello