HomeMy WebLinkAbout20042296 RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2004, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
SAV-O-MAT INC
7268 S TUCSON WAY
ENGLEWOOD, CO 80112
DESCRIPTION OF PROPERTY: ACCOUNT#: R2972886 PARCEL #: 096106327009 -
GR 2542 E99.50' L1 TO 4 BLK7 PACKARDS°/01800 9TH ST% SITUS: 1800 9 ST GREELEY
80631
WHEREAS, the Board of County Commissioners of Weld County, Colorado, convened
as the Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the
assessment and valuation of real and personal property within Weld County, fixed and made by
the County Assessor for the year 2004, and
WHEREAS, said petition has been heard before the County Assessor and due Notice of
Determination thereon has been given to the taxpayer(s), and
WHEREAS, the taxpayer(s) presented a petition of appeal of the County Assessor's
valuation for the year 2004, claiming that the property described in such petition was assessed
too high, as more specifically stated in said petition, and
WHEREAS, said petitioner being neither present nor represented, and
WHEREAS, the Board has made its findings on the evidence, testimony and
remonstrances and is now fully informed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, acting as the Weld County Board of Equalization, that the evidence presented at
the hearing clearly supported the value placed upon the Petitioner's property, after review by the
Weld County Assessor. Such evidence indicated the value was reasonable, equitable, and
derived according to the methodologies, percentages, figures and formulas dictated to the Weld
County Assessor by law. The assessment and valuation of the Weld County Assessor shall be,
and hereby is, affirmed as follows:
ACTUAL VALUE
AS DETERMINED
BY ASSESSOR
Land $ 27,363
Improvements OR
Personal Property 72,637
TOTAL $ 100,000
2004-2296
CC','rcfn s�, M Ari"779647` AS0058
RE: BOE - SAV-O-MAT INC, R2972886
PAGE 2
BE IT FURTHER RESOLVED that a denial of a petition, in whole or in part, by the Board
of Equalization may be appealed by selecting one of the following three options; however, said
appeal must be filed within 30 days of the denial:
1. Board of Assessment Appeals: You have the right to appeal the County
Board of Equalization's (CBOE's) decision to the Board of Assessment
Appeals (BAA). Such hearing is the final hearing at which testimony, exhibits,
or any other evidence may be introduced. If the decision of the BAA is further
appealed to the Court of Appeals, only the record created at the BAA hearing
shall be the basis for the Court's decision. No new evidence can be
introduced at the Court of Appeals. (Section 39-8-108(10), C.R.S.)
Appeals to the BAA must be made on forms furnished by the BAA, and
should be mailed or delivered within thirty (30) days of denial by the
CBOE to:
Board of Assessment Appeals
1313 Sherman Street, Room 419
Denver, CO 80203
Phone: 303-866-5880
OR
2. District Court: You have the right to appeal the CBOE's decision to the
District Court of the county wherein your property is located. New testimony,
exhibits or any other evidence may be introduced at the District Court hearing.
For filing requirements, please contact your attorney or the Clerk of the
District Court. Further appeal of the District Court's decision is made to the
Court of Appeals for a review of the record. (Section 39-8-108(1), C.R.S.)
OR
3. Binding Arbitration: You have the right to submit your case to arbitration. If
you choose this option the arbitrator's decision is final and your right to appeal
your current valuation ends. (Section 39-8-108.5, C.R.S.)
Selecting the Arbitrator: In order to pursue arbitration, you must notify the
CBOE of your intent. You and the CBOE 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 will make the selection.
2004-2296
AS0058
RE: BOE - SAV-O-MAT INC, R2972886
PAGE 3
Arbitration Hearing Procedure: Arbitration hearings are held within sixty
days from the date the arbitrator is selected. Both you and the CBOE are
entitled to participate. The hearings are informal. The arbitrator has the
authority to issue subpoenas for witnesses, books, records, documents and
other evidence. He also has the power to administer oaths, and all questions
of law and fact shall be determined by him.
The arbitration hearing may be confidential and closed to the public, upon
mutual agreement. The arbitrator's written decision must be delivered to both
parties personally or by registered mail within ten (10) days of the hearing.
Such decision is final and not subject to review.
Fees and Expenses: The arbitrator's fees and expenses are agreed upon
by you and the CBOE. In the case of residential real property, such fees and
expenses cannot exceed $150.00 per case. The arbitrator's fees and
expenses, not including counsel fees, are to be paid as provided in the
decision.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
lls WE COUNTY, COLORADO
0/T143 idla% Robert D. Masden, Chair
id'We C Clerk to the Board
nr;;`j` William H. Je e, Pro-Tem
Deputy Clerk to the Board /4g7:
M. J. ile
APPROVED AS TO FORM:
Davi . Long
cAtistr ant, ountyvyxa Attorn EXCUSED
Glenn Vaad
Date of signature:
2004-2296
AS0058
L 1III C H t & COMPANY
II ( ,
INCORPORATED , N , _/ AN t!J/'�' I J
July 7,2004 RECEIVED
Weld County
Board of Equalization
91510'°Street
P.O. Box 758
Greeley,Colorado 80632 A I
RE: Account Number R2972886 -c _ e - ,
1800 9th Street ZJ /"l
2004 Actual Value
Dear BOE,
We hereby appeal the decision of the Assessor to the Board of Equalization for hearing. The appeal
is based on the information presented to the Assessor during the written objection period.
Respectfully,
�J
Licht&Company,Inc.,
Agent for the Petitioner
9101 E.Kenyon Avenue
Suite 3900
Denver,Colorado 80237
303-575-9306
303-575-9307 Fax
9101 E.Kenyon Ave.,Suite 3900•Denver Colorado 80237•Phone 303.575.9306•Fax 303.575.9307
ems ; As
CLERK TO THE BOARD
PHONE (970) 356-4000 EXT 4217
FAX: (303) 352-0242.co.us
WEBSITE: www.co.weld.co.us
Itt :11% :1 915 10TH STREET
P.O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
July 20, 2004
SAV-O-MAT INC
7268 S TUCSON WAY
ENGLEWOOD CO 80112
Parcel No.: 096106327009 Account No.: R2972886
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 5, 2004, at or about the hour of
9:00 AM,to hold a hearing on your valuation for assessment. This hearing will be held at the Weld
County Department of Planning Services, Conference Room, 918 10th 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, 2004, and
mailed to you on or before August 12, 2004.
Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15
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 request
it directly from the Assessor's Office by fax (970) 304-6433, or by calling (970) 353-3845.
SAV-O-MAT INC - R2972886
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 EQUALI ION
Carol A. Harding
Deputy Clerk to the Board
cc: Stanley Sessions, Assessor
LICHT AND COMPANY INC
9101 EAST KENYON AVENUE SUITE 3900
DENVER CO 80237
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