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Home My WebLink About930239.tiff 15-D PT A PRESCRIBED BY THE PROPERTY TAX ADMINISTRATOR FORM 920 1/66-6/90 , .ITION FOR ABATEMENT OR REFUND OF TAXES HOECKEL Co., DENVER 36312 Petitioners: Use this side only. IIII,^ ^,., ,r Greeley , Colorado, September 9 , 19 92 City or Town To The Honorable Board of County Commissioners of WELD County c' t Gentlemen: C,I cP:i -... . The petition of W. Herrick Garnsey whose mailing address is• 2314 W 20th Street Rd Greeley , Colorado 80631 City or Town State Zip Code SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL 095924201016 GR GG-TA Tract A Gallery Green 095924201007 GR GG-TG Tract G Gallery Green 095924201006 GR GG-TJ Tract J Gallery Green 095924201029 GR GG-TB4 PT TR B Gallery Green 1 respectfully requests that the taxes assessed against the above property for the years A. D. 19-.9.2...., 19 --- , are erroneous, illegal, or due to error in valuation for the following reasons: (Completely describe the circumstances surrounding the incorrect value or tax.) I . The initial assessment for 1992 resulted in a decreased actual valuation of - 17% fran 1991. The re-evaluation from August 10, 1992 reversed and raised the valuation 11%. Upon reviewing the County Board of Equalization Resolution, I believe that SB 92-101 should be applied prospectively, not retroactively to 1992. 2 . This property continues to decline in value and there should not have been any increase in assessed valuation during the past few years. The most recent actual sale was at only 60e/square foot for the more valuable tracts facing on US 34 By Pass. 19 19 Value Tax Value Tax Orig. Abate. Bal. The taxes (have) (have not) been paid. Wherefore your petitioner prays that the taxes may be abated or refunded in the sum of $ 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. LAI,ga_e_t:Li -4;),„:_int Petitioner 7?"/,a By 7 Agent Address j3/4( t S'rA9 /y� k 11e C� 8bC•31 `i`'e:::-4 S_'C239 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 15th day of March , A.D. 19 93 at which meeting there were present the following members. Commissioners George Baxter, Dale Hall, Barbara Kirkmeyer, and Chairman Pro-Tem William Webster, with Chairman Constance L. Harbert being absent; 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 Warren Lasell being present and taxpayer W. Herrick Garnsey not being present; 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 denied and an abatement/refund not be allowed (approved or denied) (be allowed or not be allowed) on an assessed valuation of$ n/a for $ n for the year(s) 19 92 / tot t/a�x/ ! a'/'lei:_. Chairman of Board of County Commis loners. STATE OF COLORADO, )) ptofem }ss. County of Weld )l) I, Donald..R.,...Warden, , eountLyulaeailocsactiEscedfkiienClerk 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 se my hand a affi the seal of said County, at Greeley Colorado this 15th dayif M.i?h/ A. D. 1993 County Clerk. By..../ 1.4:4.: J . <_ y-- ACTION OF THE PROPERTY TAX ADMINISTRATOR Denver, Colorado, , 19 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) ATTEST: Secretary. Property Tax Administrator. ui al E Fi° Q K df u g 'd c 0 0S ` i5 � CO) to to w ° y Ow O: i E a)" a"i �33 ° LIT L y y b C „o, "' �dgl J d ° c 0J E v ��I<4 O.' w ,) L �j• u .-.1 d w N v 3 . C4 v d W i E a) i .C w Q • G O • a uU ©Fy �O C ro C \ G7 rn 'S E G s F n O .O w o_4 a) v y «N �' u o 'ed re •r- �� a. 3 H 0. 'C O N „c' ac e. 7 03 • o a ti m E d ` ' �+ U 9 i y v q F w °Z z 3 s N as Q N a) Q) F' y Q .� ,fl pp�y 1i 0 v tA P. °L � .r tic For; i a a 0 � r v ° � o c no � �cEo ¢ 2 nor • O [L cn x O 'fl aXi -o N T �� y e p • ret • it: CLERK TO THE BOARD F.O. BOX 769 WI GREELEY,COLORADO 80932 (303)368J000 EXT.4225 O • COLORADO March 17, 1993 W. Herrick Garnsey 2314 W. 20th Street Road Greeley, Colorado 80631 RE: SCHEDULE NUMBERS 095924201016, 095924201007, 095924201006, and 095924201029 Dear Property Owner: On March 15, 1993 the Board of Weld County Commissioners considered your petition for tax abatement 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. Sincerely, Donald D. Warden, Clerk to the Board Bye-fit �� 1t the e�i Deput Clerk to th Board cc: Assessor 9:0733 NW 23 '92 0920 ' "7M WELD CO TREASURER TO CEN-"'NIRL BLDG PAGE.002/004 c• I C �y' �G mEmoRAn®um Walk Assessor's Office September 21, 1992 To Doe COLORADO Lee D. Morrison, As ant Weld County Attorney From Feuer/Cersonsky Abatemen Petitions to the Sutter Ascasaor Feuer & Cersons ve submitted Petitions a ing that the Weld County Board of Equa is R on of August 10, 1992, acted unconstitutionally in revaluing subdivision lands affected by SB92-101. The Abatement Petitions themselves are somewhat lacking in as much as they do not indicate for which years the Abatement is sought. It would appear, however, that the Abatement is sought for the year 1992 collectable in 1993 and therefore no taxes have yet been paid on what Mr. Feuer claims to be erroneous assessments. Nonetheless, the Board of County Commissioners could deal with the • Petition. Mr. Feuer argues that the effective date of SB92-101 cannot be the date of signature. However the Colorado Constitution expressly provides, at Article 5, Section 19 that the effective date of a law is on the date stated in the act or if no date is stated in the act then upon its passage. However, it is also true that a statute is presumed to be prospective in its operation pursuant to C.R.S. Section 2-4-202. The issue then becomes is the effect of SE 101 retroactive where individuals assert that they had a set valuation only to have that valuation changed prior to the end of term for the County Board of Equalization (CBOE) , which is August 10 of each year, pursuant to 39-8-107. The CBOE, in addition to hearing individual taxpayer appeals, also reviews the valuations for assessment of all taxable property on the assessment roll of the county and may correct any errors made by the assessor to insure that all valuations within the County are just and equalized pursuant to 39-8-102(1) C.R.S. It is my view that since the assessment roll was not yet set as of June 2, 1992 for the County, 5892-101 would act prospectively by being applied on August 10, 1992. Had the effective date of S892-101 been after August 10 when the assessment role is set, then Mr. Feuer's argument would have greater merit. My conclusion is that by Colorado Constitution, the signature date (6/2/92) is the effective date and the tatute was not applied prospectively because the assessment 1 need not be-finalized until August 10, 1992. ee orrison IUM/db Assistant Weld County Attorney 97©7 39 cr mEmoRAnDum WII'Dc. T. Warren Lasell, Assessor Rdiech 1, 1993 COLORADO From Clerk to the Board subAcc:Tax Abatement Petition - Garnsey Per today's telephone conversation with W. Herrick Garnsey, we have rescheduled the attached tax abatement to March 15, 1993, at 9:00 a.m. per your instruction. If you have any comments or questions, please call Carol at extension 4217. Thank you. pc: County Attorney 920'.39 (7Th CLERK TO THE BOARD P.O. BOX 758 GREELEY,COLORADO 80832 C. (303)358-4000 Err.4225 COLORADO February 24, 1993 W. Herrick Garnsey 2314 W. 20th Street Road Greeley, Colorado 80631 RE: SCHEDULE NUMBERS 095924201016, 095924201007, 095924201006, and 095924201029 Dear Property Owner: This is to advise you that the Board of Weld County Commissioners will hear your petition for tax abatement or refund on the property described as: GR GG-TA Tract A Gallery Green, GR GG-TG Tract G Gallery Green, GR GG-TJ Tract J Gallery Green,and GR GG-TB4 PT TR B Gallery Green. The meeting is scheduled for Monday, >4.,r,.h rP_ C'1`r-�{t� k 8, 1993, at 9:00 a.m. at which time you may be heard. The Assessor is 1' ll' I S per recommending that the Board DENY petition. U_2'k�F, your P ?4i+toner, rev,* 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 �7r time. If you have any questions concerning this matter, please do not hesitate to contact this office. Sincerely, Donald D. Warden, Weld County Clerk to the Board �. t BY: fl ( y l i /� / 1 S=--LL Deputy Clex)k to the Board XC: Assessor - W. Lasell County Attorney 92O'?9 memoRAn®um WilkTo Mike Sampson/Assessor's Officenam February 4 COLORADO F 1993 .°m Clerk to the Board Subject, Tax Abatement Petitions - SB 92-101 We have been holding the attached Tax Abatements for Braly, Garnsey, and Anderson/Speer since October, during the move of your office, per your instruction. Do you have any further information on these abatements and/or the amounts. Please return when they are ready to processed. Thank you. 920239 ret ‘12) CLERK TO THE BOARD P.O. BOX Ise GREELEY,COLORADO 80532 WI c (303)35134000 EXT.4225 I p COLORADO October 12, 1992 W. Herrick Garnsey 2314 West 20th Street Road Greeley, Colorado 80631 RE: SCHEDULE NUMBER 095924201016 SCHEDULE NUMBER 095924201007 SCHEDULE NUMBER 095924201006 SCHEDULE NUMBER 095924201029 Dear Property Owner: This is to advise you that the Board of Weld County Commissioners is in receipt of your petition for tax abatement or refund on the property described as: GR GG- TA Tract A Gallery Green; GR GG-TG Tract G Gallery Green; GR GG-TJ Tract J Gallery Green; and GR GG-TB4 PT TR B Gallery Green. The meeting for hearing your petition will be scheduled after January 1, 1993, and you will be notified of the date and time. This is being done in order to allow the Board further information on this petition in regards to the amount of the abatement being requested. 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, Donald D. Warden, Weld County Clerk to the Board By: \1c_N,).1. 1k_�.,..o<•r.. Deputy Clerrto the Board XC: Assessor - W. Lasell County Attorney 970'39 Hello