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Home My WebLink About20032106.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: MORNINGSTAR FOODS INC C/O ASSOCIATED TAX APPRAISSERS P O BOX 56561 HOUSTON, TX 77256-6561 DESCRIPTION OF PROPERTY: ACCOUNT#: R3566986 PARCEL #: 096117406003 - GCT 12510 S2 BLK2 3RD ADD %2508 6 AVE% SITUS: 2508 6 AV GARDEN CITY 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 2003, 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 2003, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner being represented by Ron Little, Associated Tax Appraisers, 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: 2003-2106 AS0055 ('M,' AS, 6'9j prn A-7° RE: BOE - MORNINGSTAR FOODS INC PAGE 2 ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 200,086 Improvements OR Personal Property 168,665 TOTAL $ 368,751 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, o�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 315 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.) 2003-2106 AS0055 j RE: BOE - MORNINGSTAR FOODS INC PAGE 3 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. 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 24th day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ��'•��j- �`�i, �S EXCUSED • DaviE L ngChair 1861 I =t k to the Board IU, fir. y�►� �� Robert D. Mas n, Pro-Tem �..�.�,,•� pis. � . �� clerk to the Board M. J. G 'le APPROVED AS TO FORM: n �� 4rW William H. Jer/keU S GL4 Glenn Vaad Date of signature: `3/-7/ 2003-2106 AS0055 07/01/2003 12:58 713-621-2465 ASSOC TAX APPRAISERS PAGE 01 NOTICE OF DENIAL OFFICE OFCOIJNIYASSESSOR 1400 NORTH 17th AVE. 'GREELEY,CO 80631 ACT 12510 'S2 08K6 3RD •ARD $2008 6 PHONE(970)3534g45,Exr.36501 (lit 80631SITUS : 2508 6 AV GARDEN CITY •wile OWNER: MORNINGSTAR FOODS INC • �` • • OWNER: COLORA MORNINGSTAR FOODS INC • R C/O ASSOCIATED TAX APPRAISSERS• • . PARCEL 096117406003 P 0 BOX 56561 • ACCOUNT R3566986 HOUSTON, TX 77256-6561 RECEIVED YEAR 2003 JUL p 12z • AT'A . . . The appraised value of property is based on the appropriate consideration Oche approaches to value required bylaw. The.Assessor has determined that your property should be included in the following ategory(ies)! commercial property is valued by considering the cost, market, and income approaches . If your concern is the amount of your property tea,local taxing authorities(county,city,fire protection,and other specie'districts)hold budget ' hearings In the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend these budget hearings. The Assessor has carefully studied all available information,giving particular attention to the specifics included on your protest,and has determined the valuation(s)assigned to your property. The reasons for this determination of value are . A 1982 Colorado constitutional change re ires Commercial property to be value( based on actual value and assessed at 29 iReplacement cost, market, and income are approaches used to determine the actual value of your property. Your valuation is supported by the appraisal procedures •required by law. t . • • F PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE' OF VALUE ACTUAL VALUE ACTUAL VALUI , PRIOR•TO REVIEW• AFTER REVIEV COMMERCIAL : 368751' 368751 ec, c°''_ 1 . TOTALS $ $ 368751 $368751 APPEAL DEADLINES! REAL PROPERTY—JULY 15,PERSONAL PROPERTY—JULY 21. If you disagree with the Assessor's decision,you have the right to appeal to the County Hoard of Equalization for further consideration,39-S- I06(1)(a),C.RS. Please see the back of this form for detailed Information on filing your appeal. By: Stanley F.Sessions 06/26/2003 WELD COUNTY ASSESSOR DATE IS-DPT-AR Form PR-20747/03 ADDITIONAL INFORMATION ON REVERSE SIDE it CLERK TO THE BOARD /" PHONE (970) 356-4000 EXT 4217 I �, FAX: (303)352-0242 WEBSITE: www.co.weld.co.us 1 915 10TH STREET P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO July 16, 2003 MORNINGSTAR FOODS INC CIO ASSOCIATED TAX APPRAISSERS P O BOX 56561 HOUSTON TX 77256-6561 Parcel No.: 096117406003 Account No.: R3566986 Dear Petitioner(s): _ The Weld County Board of Equalization has set a date of July 24,2003,at or about the hour of 2:30 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Department of Public Health and Environment,Room 210,1555 North 17th Avenue, 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 5,2003,and mailed to you on or before August 12, 2003. 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. r - MORNINGSTAR FOODS INC - R3566986 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 Carol A. Harding Deputy Clerk to the Board cc: Stanley Sessions, Assessor RONALD LITTLE, ASSOCIATED TAX APPRAISERS P.O. BOX 56561 HOUSTON TX 77256 Hello