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HomeMy WebLinkAbout20132203August 6, 2013 CLERK TO THE BOARD PHONE (970) 336-7215, EXT 4226 FAX (970) 352-0242 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 COPART INC 4655 BUSINESS CENTER DR FAIRFIELD, CA 94534 RE: THE BOARD OF EQUALIZATION 2013, WELD COUNTY, COLORADO ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRMATION OF ASSESSOR'S VALUE ACCOUNT NO.: R6275086 Dear Petitioner: On August 01, 2013, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq., considered your request for an Administrative Denial of your petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2013. The Assessment and valuation is set as follows: ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY ASSESSOR SET BY BOARD $2,427,930.00 $2,427,930.00 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three (3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. cc As 71 2013-2203 AS0085 All appeals to the Board of Assessment Appeals filed after August 10, 2013, MUST comply with the following provisions of C.R.S. Section 39-8-107(5): (5)(a)(I) On and after August 10, 2013, in addition to any other requirements under law, any petitioner appealing either a valuation of rent -producing commercial real property to the board of assessment appeals pursuant to section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 39-10- 114 shall provide to the county board of equalization or to the board of county commissioners of the county in the case of an abatement, and not to the board of assessment appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year; (B) Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years including the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within ninety days after the appeal has been filed with the board of assessment appeals (b)(I) The assessor, the county board of equalization, or the board of county commissioners of the county, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the board of assessment appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the county may move the board of assessment appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the county attorney and shall be accompanied by a certification that the county assessor or the county board of equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the board of assessment appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the board of assessment appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you. 2013-2203 AS0085 The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number 303-866-5880 Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of $101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the /county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(1), the rules of Colorado appellate review and C.R.S. Section 24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. Section 39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue arbitration. You and the Board of Equalization will select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located (i.e., Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expensesare agreed upon by you and the Board of Equalization. In the case of residential real property, the fess may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. 2013-2203 AS0085 If you have questions concerning the above information, please call me at (970) 336-7215, Ext. 4226. Very truly yours, Esther E. Gesick, Deputy Clerk Weld County Board of County Commissioners Cc: Christopher Woodruff, Weld County Assessor UNITED PARAMOUNT TAX GROUP INC 4025 WOODLAND PARK BLVD SUITE 310 ARLINGTON, TX 76013 2013-2203 AS0085 3: L/S- NOTICE OF DETERMINATION COMMERCIAL Christopher M. Woodruff Weld County Assessor 14OO N 17th Ave Greeley, CO 8O631 R6275086 2013 RECEIVED JUI 2R3 WELD COU TAX AREA"_': TV Date of Notice: 6/27/2O13 Telephone: (97O) 353-3845 Fax: (97O) 3O4-6433 Office Hours: 8:OO AM - 5:OO PM DESCRIPTION/PHYSICAL LOCATION 3331 COPART INC 4655 BUSINESS CENTER DR FAIRFIELD, CA 94534 15996 NE4SE4 30 1 66 EXC BEG AT E4 COR SEC 30 S669' WLY 245' TO PT 1078'E OF W LN NE4SE4 N663' E245' TO BEG (3.75A LESS 1.08A R) (1R1RR) 628 MAIN ST B WINDSOR, CO SESSOR S VALUATION TUAL VALUE PRIOR TO :`' REVIEW UAL VALUE AFTER. REVIEW 2,427,930 2,427,930 TOTAL; - $2,427,930 $2,427,930 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: CM05 - The law requires that all of 2011 and the first 6 months of 2012 data be used to establish current values. We have considered all (3) three approaches to value in arriving at your current valuation. We have denied your appeal based upon this data. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 39-8-1O6(1)(a), C.R.S. The deadline for filing real property appeals is July 15. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. UNITED PARAMOUNT TAX GROUP INC 4025 WOODLAND PARK BLVD SUITE 310 ARLINGTON, TX 76013 D PARAMOUNT TAX ROUP INCQrDP.17=r, 2O13-2203 15-DPT-AR PR 207-08/13 R6275086 18223 APPEAL',PROCEDURES,. County Board of Equalization Hearings will be held from July 1 through August 5 at 1400 N 17 AVE. To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: Weld County Board of Equalization 1150 O Street, P.O. Box 758 Greeley, CO 80631 Telephone: (970) 356-4000 ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 12, § 39-2-125(1)(e), C.R.S. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 Contact the District Court in the County Denver, CO 80203 where the property is located. See your (303) 866-5880 local telephone book for the address and www.dola.colorado.govibaa telephone number. Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. PETITION TO: COUNTY. BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2012? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ , 9G/ 2 9 What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) iTESTATION I, the u signed owner or agentof the property identified above, affirm that the statements contained her " and n any attachments hereto are true and complete. 8/7-9/V3- oz4/ 79P3•®/oly Signature' �cs•a/ fie, Telephone Number C' /o/3t°gllPi"ffn - £to .TI Email 276 Attach letter of authorization signed by property owner. O7 -d3-/ 3 Date Address 15-DPT-AR PR 207-08/13 R6275086 18223 CERTIFICATE OF FIDICIUARY - AGENT APPOINTMENT To Whom It May Concern: This certifies that United Paramount Tax Group, Inc. (UPTG) is hereby authorized to represent COPART, INC. in all matters of property tax valuations and assessments before any governmental assessing officials or other authority having jurisdiction regarding the assessment of real estate or personal property for the following property(ies): 147130000011 147130400107 147130400106 147130000012 This certification is effective September 11, 2009 and will remain effective until written notice is given by either UPTG, as agent or COPART, INC. as property owner. Company Name Date Signed Title The contact information for UPTG is: United Paramount Tax Group, Inc. 4025 Woodland Park Blvd Suite 310 Arlington, TX 76013 (817) 983-0088 (817) 983-0089 fax July 22, 2013 CLERK TO THE BOARD PHONE (970) 336-7215, EXT 4226 FAX (970) 352-0242 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 COPART INC 4655 BUSINESS CENTER DR FAIRFIELD, CA 94534 Account No.: R6275086 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 30, 2013, at or about the hour of 3:45 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2013, and mailed to you on or before August 12, 2013. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. AS0085 COPART INC - R6275086 Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION aO • �c%Colt/2 Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor UNITED PARAMOUNT TAX GROUP INC 4025 WOODLAND PARK BLVD SUITE 310 ARLINGTON, TX 76013 AS0085 Tammy Waters From: Sent: To: Cc: Subject: Admin Deny Courtney Anaya Monday, July 29, 2013 2:31 PM Tammy Waters Esther Gesick FW: Appeal for R6275086 Courtney Anaya Assistant Analyst Weld County Assessor's Office (970) 353-3845 ext. 3670 canaya@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Wade Melies Sent: Monday, July 29, 2013 12:09 PM To: Courtney Anaya Subject: FW: Appeal for R6275086 Admin Deny Wade From: Diane Whitney [mailto:dwhitney@uptg.com] Sent: Monday, July 29, 2013 12:08 PM To: Wade Melies Cc: Chad Blacklock Subject: RE: Appeal for R6275086 Mr. Melies, Please be advised, Chad Blacklock requests an Administrative Deny on the appeal filed for Account No. R6275086. Thank you. Diane D Whitney United Paramount Tax Group 4025 Woodland Park Blvd. Ste.310 Arlington, Texas 76013 Phone: 817-983-0106 Fax: 817-983-0089 dwhitney@uptg.com From: Wade Melies [mailto:wmelies@co.weld.co.us] Sent: Friday, July 26, 2013 9:31 AM To: Diane Whitney Subject: Appeal for R6275086 Diane Here is a copy of the email I send to Chad yesterday. Thanks for the help. Wade Wade J. Melees Commercial Appraiser Weld County Assessor's Office 970-353-3845 ext 3672 wmeliesAco.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Wade Melees Sent: Thursday, July 25, 2013 8:30 AM To: 'chadb@uptg.com' Subject: Appeal for R6275086 Chad We are scheduled for hearing this appeal 7/30/2013 3:45 PM. Are you able to make this hearing? Do you want to Administrative Deny? The area where the subject is located has very high demand for fenced outside storage. Please review these comparable leases; Lease comparables R5305986 1392 Denver Ave., Ft Lupton Land 29,316 Imps 10,770 R5291886 3250 14.5 CR, Ft Lupton Rate $10,000 mo. Mod gross $120,000 $11.14 Land & Land 261,360 Bldg 26.98942 Imps Salvage R2827904 12739 cr 4, Weld Land 74,923 Rate $12,500 mo. 2 R2161803 Imps 3,710 1812 CR 27, Brighton Land 248,292 Imps 5,500 R2142103 12750 CR 4, Weld Land 736,992 Imps 18,502 Please respond as soon as you can. Thank you. Wade Wade J. Melees Commercial Appraiser Weld County Assessor's Office 970-353-3845 ext 3672 wnneliesaco.weld.co.us NNN $150,000 $40.43 Land & Bldg 20.19488 Rate $3,500 mo. Mod Gross $42,000 $7.64 Land & Bldg 45.144 Rate $50,000 mo. Mod gross $600,000 $32.43 Land & Bldg 39.8331 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 Hello