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Home My WebLink About20032146.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: ORR ED 826 9 ST PLAZA GREELEY, CO 80631 DESCRIPTION OF PROPERTY: ACCOUNT#: R1165796 PARCEL#: 096105328079 - GR L14 BLK64 EXC W9" OF N35' ALSO EXC S30' AND INC W2.75' OF N33.50' L13 %826 9 ST% SITUS: 826 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 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 John Olson, Deloitte and Touche, LLP, 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 $ 14,651 Improvements OR Personal Property 140,189 TOTAL $ 154,840 2003-2146 AS0055 : 45, 44 h; P RE: BOE - ORR ED 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 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.) 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. 2003-2146 AS0055 RE: BOE - ORR ED 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 28th day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS IE L ), W COU TY, COLORADO it1861 l ; � " A David E. Long, Chair t''%un .i'- k to the Board A EXCUSED��((� p. dfrat_LecRobert D. Ma n, Pro- em Deputy Clerk to the Board M. J. ile APPROVED AS TO FORM: ��, William H. Jerke Ass' ant Co ity ATtorney U JLa1Lj _____ Glenn Vaad < Date of signature: . 1 —17 2003-2146 AS0055 07/15/03 13:10 FAX WELD ASSESSOR 2002 OFFICE OF COUNTY ASSESSOR NOTICE OF DENIAL 1400 NORTH 17th AVE f3REQ.EY,CO 80631 Ant tic' GR L14 SLK64 EXC W9" OF N35' PHONE(970)353-3845,EXT.3650 ALSO EXC 530' AND INC W2 .75' OF N33 .50' L13 %826 9 ST% SITUS : 826 9 ST GREELEY 80631 •• WI ' 0 OWNER: ORR ED COLORADO 2 8ORR26 9 PARCEL 096105328079 826 9 ST PLAZA ACCOUNT R1165796 GREELEY, CO 80631 YEAR 2003 The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has determined that your property should be included in the following category(ics): Commercial property is valued by considering the cost, market, and income approaches . lf your ing (county,city,fire tion,and er cial districts)hearingsin the fall.cern is he amount of your property tax,local Please refer to your tax billr ask your Assessor for r a s listing of these districts,pand plan to attend these budget hearings-get 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 requires commercial property to be valued based on actual value and assessed at 293_ Replacement 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. • PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW CONRCTAL 154840 154840 TOTALS $ $ 154840 5154840 APPEAL DEADLINES: REAL PROPERTY to the RILY 15,PE PERSONAL Boar of Equalization PROPERTY —JULY 21. for further consideration,39-8- If you disagree with the Assessor's decision,you have the right to appeal 106(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. 07/15/2003 By; Stanley F.Sessions DATE WELD COUNTY ASSESSOR ]s-DTI-AR Form PR-2e7-87A3 ADDITIONAL INFORMATION ON REVERSE SIDE PAGE 213 t RCVD AT 711512003 2:10:14 PM[Mountain Daylight Time]t SVR,17 t DNIS:345 t CSID: DURATION(mm•ss):01.32 07/15/03 13:10 FAX - - ,WELD ASSESS0R 0003 YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION The County Board of Equalization will sit to hear appeals beginning July 1 and continuing through August 5 for real property(land and buildings) and personal property(furnishings,machinery, and equipment)39-8-104 and 39-8-_ 107(2), C.R.S. APPEAL PROCEDURES: If you choose to appeal the Assessor's decision,mail or deliver one copy of this completed form to the County Board ON OR of JULY 15 preserve REAL Pour ROPERTY,ANDt to appeal, JULY 21 FOR PERSON appeal must bc AAL PROPERTYED OR �NERED WELD COUNTY BOARD OF EQUALIZATION 915 10th Street,P.O. Box 758 Greeley, Colorado 80632 Telephone (970)356-4000 Ext. 4225 NOTIFICATION OF BEARING: You will be notified of the time and place set for the hearing of your appeal. COUNTY BOARD OF EQUALIZATION'S DETERMINATION: bThe usiness day Board of s of that decision. The on mCusunmake oard must conccision on lude is d rendur appeal and er ilci ions by ou a determination gust 5 within five TAXPAYER RIGHTS FOR FURI'ItER APPEALS: If you are not satisfied with the County Board of Equalization's decision you must file within thirty days of the County Board of Equalization's written decision with ONE of the following: Board of Assessment Appeals (BAA): Contact the BAA at 1313 Sherman,Room 315,Denver, Colorado 80203, (303)866-5880. www.dola.colorado.Rov/baa District Court: 9th Avenue and 9th Street,P.O.Box C Greeley, Colorado 80632 Telephone(970) 356-4000,Ext. 4520 Arbitration: WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone(970) 356-4000,Ext. 4225 If you do not receive a determination from the County Board of Equalization, you must file an appeal with the Board of Assessment Appeals by September 11. TO PRESERVE YOUR APPEAL RIGHTS,YOU MUST PROVE YOU HAVE FILED A TIMELY APPEAL; THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING. PETITION TO THE COUNTY BOARD OF EQUALIZATION In the space below, ACCORDANCE WITH 8 06(1..5), C.R.S., pIF YOU iease explain why INVOLu VES Ree EAL PROPERTY, YOU MUth the Assessor's valuation. ST STATE YOUR OPINION9 OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary_ 10/000 THE PROPERTY IS VALUED IN EXCESS OF FAIR MARKET VALUE BASED ON THE THREE APPROACHES TO VALUE. IN ADDITION,THE PROPERTY IS VALUED IN EXCESS OF OTHER SIMILARLY SITUATED PROPERTIES. • /5-2-O0 Sl A 61.11111TEI0NEK DALE PAGE 313"RCVD AT 711512003 2:10:14 PM(Mountain Daylight Timer SVR:f"DNIS:345"CSID:t DURATION(mmis):01.32 • LETTER OF AUTHORIZATION To Whom It May Concern: Property Owner Name: Orr,Ed Hereby appoints and authorizes Deloitte&Touche LLP as agent to represent our firm's property and all property controlled by our firm or any of its subsidiaries of partnerships on all matters pertaining to ad valorem taxes. Until written notice of termination is issued,they have the right to file returns, examine records,obtain all tax statements,and discuss or appeal any tax assessments to the proper authorities when, in their opinion,the assessment does not constitute fair market value. In addition they have the right to file appeals to the appropriate jurisdiction,if authorized by law. By: Name: ZL 22. Title: /)a)fi'ig--} 7 Address: Fa() I'T S+ree-! / Su//t ZOO (ire CI R.1 CO 8063 Phone Number: 110 - 3 5 1 - 8-7-77 R1165796(096105328079) Subscrib and sworn before me this day of ,20 d3 �� Y BP blic, State of =�� p l8 ,20 CAS. ;rorrgnis on expires 9�F®� Investors Group—826 91h St a CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4217 FAX: (303)352-0242 WEBSITE: www.co.weld.co.us ' 915 10TH STREET P.O. BOX 758 �. GREELEY, COLORADO 80632 COLORADO July 18, 2003 ORR ED 826 9 ST PLAZA GREELEY CO 80631 Parcel No.: 096105328079 Account No.: R1165796 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 28,2003,afar about the hour of 4:00 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. • ORR ED - R1165796 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 J . rs� z t f �7 Carol A. Harding Deputy Clerk to the Board cc: Stanley Sessions, Assessor DELOITTE & TOUCHE LLP 555 SEVENTEENTH ST. STE 3600 DENVER, CO 80202-3942 Hello