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Home My WebLink About20150413.tiff RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - UNITED POWER, INC. 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 February, 2015, at which meeting there were present the following members: Chair Barbara Kirkmeyer, and Commissioners Mike Freeman, Julie A. Cozad, and Steve Moreno, with Commissioner Sean P. Conway 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, with said Assessor, Christopher Woodruff, being represented by Assistant County Assessor, Brenda Dones who was present, and taxpayer, United Power, Inc., not being present, and WHEREAS, the Board of County Commissioners has carefully considered the attached petition, and is 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 $52,153,400.00 $162,449.00 2013 * RSR(bK) '3/Ity 2015-0413 AS0090 TAX ABATEMENT PETITION - UNITED POWER, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of February, A.D., 2015. BOARD OF COUNTY COMMISSIONERS AaKir COUNTY, COLORADO ATTEST %e1 km er, Chia Weld County Clerk to the Board • � ik�n, Pro-Tern Tem B s l �__�.,. !,._.-,�� `► . l_ 4 D:• n Clerk tot e Boa �' l +ti ,".� USED �.y.� :. �. .�-n P. Con y APPROVED AS TO FORM: �r ►* ��j _ . ieA. Cozad Y County Attorney n,, Steve Moreno Date of signature: c'7/9 2015-0413 AS0090 ,^ DOLA COLORADO AR CO Department of Local Affairs Dmpon of Progeny Taxation March 10, 2015 //� John Lefebvre, Jr. RE V E IV ED Weld County Treasurer 2015 P.O. Box 458 MAR 15 Greeley, CO 80632 WELD COUNTY, COMMI5ION ° RE: Abatement Petition for Tax Year 2013 Weld County Schedule Number U0853995 (ER094) DPT File Number 62-15-002 Dear Mr. Lefebvre: I am writing regarding the abatement petition submitted to the Division of Property Taxation for the United Power, Inc., as referenced above. Please be advised that I have approved the abatement in the amount of$162,449.00, as approved by the Weld Board of County Commissioners on February 9, 2015. However, as indicated in my memorandum to you dated August 29, 2014, statute § 39-10-114(1)(b) C.R.S.,precludes statutory interest from being added to the refunded tax amount when the reason for the abatement is based on a taxpayer reporting error. If you have any questions regarding this decision, please contact me at 303-864-7776. Sincerely yours, Ann Groff� roperty Tax : d ' istrator JAG:CS:lf cc. Weld County Board of County Commissioners Weld County Assessor al& ( Governor John W. Hickentooper I Kevin Patterson, Interim Executive Director I JoAnn Groff, Property Tax Administrator ew� , L■1�1 1313 Sherman St., Room 419, Denver, CO 80203 P 303.864.7777 F 303.864.7799 www.dota.cotorado.gov cn fl A idly Strengthening Colorado Communities r'. r Nifir87e•% Zia• /56d0, PETITION FOR ABATEMENT OR REFUND OF TAXES County:WELD Date Received ‘40/5-40e9.21.—. RECEIV s or Cargill,ED Section I: Petitioner,please complete Section i only. Date 01;13/2015 JAN 1 9 2015 Monti ay Year JAN 14 2015 WELD COUNTY Petitioner's Name: United Power Inc COMMISSIONERS yi i,r© ,AS$9$S OR Petitioner's Mailing Address: P.O.Box 929 C R ELEV. COLORADO Brighton CO 80601 Q }U) C•;,Cr Town Sate Zip Code W ars 1-111 Zz SCHEDULE OR PARCEL NUMBERS) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY > N no t to' 5 309 5 Ce Ro9y T3N, R68 W,S25-T3N, R68 W,S13-T3N,R67 W,S35- - CID Oj T1N, R66 W,S36-T1N, R67 W,S27-TIN, R66 W,S5-T2N, R65 W,S2 W U(A 323 Denver Ave., Ft.Lupton,CO-9504 WCR 11,Frederick,CO- W cw Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the �O above property for the property tax year 2013 are incorrect for the following reasons: (Briefly describe why 0 the taxes have been levied erroneously or illegally,whether due to erroneous valuation,irregularity in levying, clerical error, or overvaluation. Attach additional sheets if necessary.) When the 2013 Declaration of Annual Statement of Property was filed,a clerical error was made causing the Net Operating Income to be overstated. This caused the ultimate assessed valuation to be overstated by almost$70. million. A • Petitioner's estimate of value: $ 52,153,400 (2013 ) Value Year I declare, under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits or statements, has been prepared or examined by me, and to the best of my knowledge, information,and belief,is true, correct,and complete. C G0 Daytime Phone Number j 3 ) ) C •) 7-/2... / GPetitioner's Signature By Daytime Phone Number j ) Agent's Signature' 'Letter of agency must be attached when petition Is submitted by an agent. I'the Board of County Comm:ssicners,pursuant to§39.10.114(1),C.R.S.,or the Property Tax Administrator,pursuant to§39-2-116,C.R.S., denies the petition'or refund or abatement of taxes in whole or in part,the Petitioner may appeal to the Board of Assessmert Appeals pursuant to the provisions of§30-2.125.C R.S.within thirty days of the entry of any such decision.§39-t0-114.5(1).C.R.S. Section If: Assessor's Recommendation (For Asseessor's Use Only) Tax Year RD/ 3 Actual Assessed Tax Original (oo,t'IO,oao 11,14-101400 1aa318Q Corrected 5,153,1OO is,1 e`244 r5UO IO( cY73 I / Abate/Refund -7.98(gc0oO c223 ( ' t a 100 hp Assessor recommends approval as outlined above. If the request for abatement is based upon the grounds of overvaluaton no abatement or refund of taxes shall be made if Sr objection or protest to such valuation has neer fled a,-n-d�a a of Determination has been mailed to the taxpayer.§39.10-114(1)(a)(I)(D),C.F.S. tr Tax year: Rai Protest? RAE— Q Yea (If a protest was Bled,please attach a copy of the NOD.) ❑Assessor recommends denial for the following reason(s): 2015-0413 Assessor's or eputy Assessor's gn re 2_,(3, 15.0PT-AR No.923-66,11 � � FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III Section IV must be completed) Every petition for abaterrent or refund tiled Dc-suant to§39.10-114.C.R.S.shall be acted upon pursuant to the provisions of this section by the Board of Coun:y Commissioners or the,Assessor,as appropriate,within six morths of the date of filing such petition,§39-1.113(1.7),C.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to$10,000) The Commissioners of County authorize the Assessor by Resolution No. to review petitions for abatement or refund and to settle by written mutual agreement any such petition 17-- abatement or refund in an amount of$10,000 or less per tract,parcel,or lot of land or per schedule of personal property,in accordance with§39-1-113(1.5),C.R.S. The Assessor and Petitioner mutually agree to the values and tax abatement/refund of: Tax Year { Actual Assessed Tax Original Corrected Abate/Refund _- i i Note:The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax cayments,if app;cab'e. Pease:ontac'the County Treasurer for full payment:nlormallon. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date Section IV: Decision of the County Commissioners - (Must be completed If Section III does not apply) 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-tfle following members: Month Day Year with notice of such meeting and an opportunity to be present having beerrglven to the Petitioner and the Assessor of said Courty and Assessor (being present—not present)and Name Petitioner (beingpresent--n or present),and WHEREAS,the said Name County Commissioners have carefully considered the*Kin petition, and are fully advised in relation thereto, NOW BE IT RESOLVED that the Board(agrees-•dpis not agree)with the recommendation of the Assessor, and that the pet Lion be(approved--approved in'part--denied)with an abatement/refund as follows'Year Assessed ValueTaxesAbateJRefurd AtfaChMelt/Tt'. C alrperson of the Board of County Commissioners'Signature l 1' County Clerk and Ex-Officio Clerk of the Board of County Commissioners in and for the a`oremenf ed county,do hereby certify that the above and foregoing order is truly copied from the record of the proceee ' .gs of the Board of County Commissioners. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County This / day of Month Year County Clerk's or Deputy County Clerk's Signature ///e baterrien;s greater than$10,000 per schedule.per year,must be submitted in duplicate to the Property Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than$10,000) We—action o e Board of County Commissioners,relative to this petition is hereby ❑A i�d' Approved in part$ ii Denied,r e followin• reason(s): J/ID/16 (Secretary's Sigratur •.operiy Tax Administrator's '•n_ re Date 1 S-DP7 R N .S2C-66n 1 • United Power, Inc. determined it made an error on its filing to us for the 2013 tax year. The recommendation is that we approve the new value and deny the interest based on 39-10- 114(1)(b), C.R.S. 21''``r STATE OF COLORADO John W. Hickenlooper, Governor • {, ., ••--, .; Department of Local Affairs s c. Reeves Brown,Executive Director npoptirry jA, c\°� Division of Property Taxation 1oAnn Groff;Property Tax Administrator To: Adams, Boulder, Broomfield, Gilpin, Jefferson, and Weld County Assessors and Treasurers • ,,1c From: Curt Settle — State Assessed Manager Date: August 29, 2014 Re: United Power, Inc. (UPI) - ER094 2013 Abatement Memorandum United Power, Inc. determined it made an error on its filing to us for the 2013 tax year. On June 25, 2014, it submitted an abatement request for the 2013 tax year. On attachment A is the county valuation change notice summary. According to C.R.S. § 39-10-114 (1.1) (b), no interest is to be added to the refund. Since this change is for the prior year, it will not be included on the final notice of valuation summary we send out in November. If you require United Power, Inc. (UPI) to file abatement forms to your county, please contact Carmen Castillo by phone at: (303) 637-1225 or fax: (303) 637-1339. Her e-mail and mailing address are as follows: ccastillo a(�unitedpower.com, and PO Box 929, Brighton, CO 80601. If you have any questions regarding this correction, please contact Deb Myer by phone at (303) 864-7774 or e-mail: deb.mverstate.co.us. Thank you for assisting in processing this correction. CS/dim 1313 Sherman, Room 419, Denver,CO 80203, (303)864-7777 fierac. http:i/dola.colorado.aov FAX(303)864-7799 TDD(303)864-7758 BM Ma Strengthening Colorado Communities 1 -•• ATTACHMENT A United Power, Inc. - ER094 County Valuation Change Summary—Abatement For the 2013 Tax Year Final Revised Aug. 1, 2013 Value Aug, 1, 2013 Value • Total Total Total Total County Assessed Value Actual Value Assessed Value Actual Value Adams $22,885,900 $78,916,900 $19,846,700 $68,436,900 Boulder $996,600 $3,436,600 $864,300 $2,980,300 Broomfield $5,481,300 $18,901,000 $4,753,400 $16,391,000 Gilpin $2,479,300 $8,549,300 $2,150,100 • $7,414,100 Jefferson $498,300 $1,718,300 $432,100 $1,490,000 Weld $17,440,600 $60,140,000 $15,124,500 $52,153,400 Total $49,782,000 $171,662,100 $43,171,100 $148,865,700 53% Limit Tabor Growth 5.5% Limit Tabor Growth Assessed Value Actual Value Assessed Value Actual Value Adams $953,600 $53,700 $827,000 $46,600 Boulder $0 $0 $0 $0 Broomfield $0 $0 $0 $0 Gilpin $0 $0 $0 $0 Jefferson $0 $0 $0 $0 Weld $0 $0 $0 $0 Total $953,600 $53,700 $827,000 $46,600 • 1313 Sherman, Room 419,Denver,CO 80203, (303)864-7777 htto://dola.coiorado.00v FAX(303)864-7799 TDD (303)864-7758 rat. Strengthening Colorado Communities CLERK TO THE BOARD PHONE: (970) 336-7215, EXT. 5226 FAX: (970)352-0242 1861 __ 1150 O STREET � rl , �� P.O. BOX 758 �n�.! GREELEY, COLORADO 80632 ≥ 0UNITS January 23, 2015 United Power, Inc. PO Box 929 Brighton, CO 80601 RE: SCHEDULE NUMBER U0853995 (ER094) 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: Various. The meeting is scheduled for February 9, 2015, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. 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, particularly 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 me at (970) 336-7215, Extension 5226. Sincerely, Rafaela A. Martinez Deputy Clerk to the Board cc: Assessor Hello