The URL can be used to link to this page

Browse Search

Home My WebLink About20032107.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#: R3567386 PARCEL#: 096117407003 - GR 12483-B ALL BLK3 GREELEY INDUSTRIAL SUB %450 25 ST% SITUS: 450 25 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 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: 2003-2107 AS0055 T RE: BOE - MORNINGSTAR FOODS INC PAGE 2 ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 239,751 Improvements OR Personal Property 1,432,557 TOTAL $ 1,672,308 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.) 2003-2107 AS0055 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 1 � ��-' EXCUSED Ili• �� Davi o ig,,Chai 1861 1� • e2'rk to the Board ��\(It?a ` r ��4.8� .. Robert D. Ma n, Pro-Tem Clerk to the Board B6G.J M. J. ile APPROVED AS TO FORM: et:^'5//_ • William H. Jerke A tant my Attorney APQJO4 Glenn Vaad Date of signature: 2003-2107 AS0055 f 07/01/2003 12:58 713-621-2485 ASSOC TAX APPRAISERS PAGE 03 NOTICE OF DENIAL OPF[CEOP town ASSESSOR 1400 NORTH 17th AVE, lilt t GR 12483-B ALL BLK3 GREELEY GAMEY,CO SOOt ' INDUSTRIAL SUB %450 25 ST% SITUS: PHONE(970)3533s45,17cL365Q ' 450 25 ST GREELEY 80631 111 , OWNER. MORNINGSTAR FOODS INC COLORADO • MORNINGSTAR FOODS INC LOG 1251 C/O ASSOCIATED TAX APPRAISSERS PARCEL 096117407003 HOUSTON, 5TX6177256-6561 RE��/V ad ACCOUNT 20037386 JUL cars • The appraised value of property is based on the appropriate consideration of the approaches to%/Slue required by law. The Assessor has•detennined that your property should be included in the following category(ies): . . Commercial property is valued by considering the cost, market, and income approaches. If your concern is the amount of your property tax,local taxing authorities(county,city,tire protection,and other special 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 than budget hearings. The Assessor has carefully studied all available information,giving particular attention to the speeifies included on your protest,and has determined the valuation(s)assigned to your property. The reasons for this determination of value arc: A 1982 Colorado constitutional change requires commercial property to be valued based on actual value and assessed •at 29t. 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 bylaw, U PETITIONER'S • ' ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE . - • • OF VALVE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW • AFTER REVIEW INDUSTRIAL • 1432557 1432557 r . i- u.: -' -_.. r : l • ,� TOTALS S S 1672308 S 1672308 0. 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 Board of Equalization for further consideration,39-B- 106(1)(a),C.R.S. 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 15.DPT-AR Form PR-207a7A3 ADDITIONAL. INFORMATION ON REVERSE SIDE S -Ms Southern • Foods Group LETTER OF AUTHORIZATION I, Patrick K. Ford, have been given authority by the property owner to authorize Associated Tax Appraisers, P.O. Box 56561, Houston, TX 77256 to act on my behalf before the: STATE of Colorado COUNTY of Weld on all tax and valuation matters concerning the following property: (And any other real and4or personal property listed under the below owner name.) Owner Name: Southern Foods Groun LP Assessor's Parcel ID #: R3566986 & R3568386 Property Address: 2508 6th Ave & 408 26th St Garden City, CO I further authorize Associated Tax Appraisers to receive all communication from the assessor's office of all appointments and decisions. (e.g. Appraisal Notices, Appraisal Review Board Orders, Hearing Notices, Tax Bills, and Collection Notices.) SOUTHERN FOODS GROUP ?O4)-`:S) p SIGNATURE Patrick K. Ford, Chief Financial Officer PRINTED NAME AND TITLE 3/ar7/9a DATE 3114 South Haskell, Dallas,Texas 75223 214/824-8163 C S, �e Southern • • Foods Group LETTER OF AUTHORIZATION I, Patrick K. Ford, have been given authority by the property owner to authorize Associated Tax Appraisers, P.O. Box 56561, Houston, TX 77256 to act on my behalf before the: STATE of COLORADO COUNTY of WELD on all tax and valuation matters concerning the following property: eAnd any other real andAor personal property listed under the below owner name.) Owner Name: SOUTHERN FOODS GROUP LP R3567386 & R3565386 Assessor's Parcel ID #: Property Address: 450 25 St & 2400 5 Ave Greeley, CO Greeley, CO I further authorize Associated Tax Appraisers to receive all communication from the assessor's office of all appointments and decisions. (e.g. Appraisal Notices, Appraisal Review Board Orders, Hearing Notices, Tax Bills, and Collection Notices.) SOUTHERN FOODS GROUP rr_p042".:D 77°4 SIGNATURE Patrick K. Ford, Chief Financial Officer PRINTED NAME AND TITLE 3/a- kr DATE 3114 South Haskell, Dallas,Texas 75223 214/824-8163 PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use I Date: 9-3-03 J / n _ Docket Number PETITIONER,fO .A)1C14—CZHC, �CYh� tZINC. CO kaF itax, j 7vet?�C y N FEE P. �� fL 0 �,Naame off Property ty Owner n P O • Cb ON,. `J5.(0 t �ic4rnJ I Q e I r,s37 Street Address,city.Zip Code of SubjectPropeky Check No./Credit Card No. appeals the decision of the 1,3-0)41., _ County Board of Equalization P F H County Name County Board of Commissioners V Property Tax Administrator (check one) which was dated (0'A,94.3/Crill This appeal concerns: VValuation For tax year(s) _ Refund/Abatement _ Exemption _ State Assessed (Check One) CONCERNING COUNTY SCHEDULE NUMBER(S): g35&13c,t t1Z3S%73S , )235-ulnrgR )25%iS-- If more than one schedule number is involved,please list on a separate page. TYPE OF PROPERTY: This property is currently classified by the County as: _✓ Commercial _ Residential (Check One) _ Agricultural _ Vacant Land Personal _ Other(Specify) ACTUAL VALUE: Actual value of subject property for year in question as set by the County $I b123 M 3sL3 xbO34 3/a&7S 1,Sa 119 b6 I believe the actual value of the subject property should be$J5$2.$'1 t 31 Niro a3L17YO6)'�O/�1S REPRESENTATION: Please check appropriate response(s) Petitioner will be present at the hearing Petitioner requests a telephone conference call _(Petitioner will call on scheduled date at time of hearing.) Petitioner will be represented by an agent ✓or a Colorado Attorney_ ESTIMATED TIME FOR PETITIONER TO PRESENT THE APPEAL: Minutes or Hours Not less than 30 minutes. Board will allow equal time to Respondent. ATTACHMENTS: The following documents MUST BE ATTACHED to your appeal in order for the Board to accept filing. 1) The decision being appealed 2) Assessor's Notice of Denial OR Notice of Valuation 3) If an agent is filing or representing you a notarized letter of authorization will be needed from the Petitioner 4) Identify the names and last known addresses and telephone numbers of other parties "directly interested" in the petition including co-owners. CERTIFICATE OF MAILING ✓Copy to each person identified in attachment 4 above I certify to the Board of Assessment Appeals that I have mailed or hand delivered _ County Board of Equalization one complete copy of this appeal to the WSJ ri County Board of Commissioners (�7�t -/ oun 2 Property Tax Administrator in (_-'Z , Colorado on 11 I:il 3 . (check one•should be the same as the dCity �/ ate decision being appealed) n s osn' R 9. 1.•tW\ e. `70 C.Ic �Av-App2a'ee (Circle One) en or Attorney Petitioner's Signature ? PO. nx 5- O. Mai ing Address Mailing Address r7T 77D?\J,`YPxa5 772 City,State,Zip City,State,Zip Telephone: 713- 1 I 1 I-93(93 Telephone: w-rmEy.mar Daytime number,please CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4217 FAX: (970) 352-0242 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 • COLORADO July 8, 2003 Ronald P. Little Associated Tax Appraisers P.O. Box 56561 Houston, TX 77256 - RE: Account R3567386, R3565386, R3356986, R3568386 Morningstar Foods, Inc. and Southern Foods Group, LP Dear Petitioner(s): The Weld County Board of Equalization has received your petition challenging the Assessor's valuation of your property;however,you also submitted a Petition to the State Board of Assessment Appeals,which is being returned to you since it is premature. After the Board of Equalization has acted on your petition,you will be given further appeal options. At that time, if you are not satisfied with the valuation of your property,you will need to file it directly with the State Board of Assessment Appeals. You will be notified in writing regarding the hearing date and time scheduled before the Weld County Board of Equalization. If you have questions, please do not hesitate to contact me at 356-4000, Ext. 4217. Very truly yours, BOARD OF EQUA IZATION Carol A. Harding Deputy Clerk to the Board recrite ;i;%\ CLERK TO THE BOARD PHONE (970)356-4000 EXT 4217 FAX: (303)35252-0242 WEBSITE: www.co.weld.co.us ' 915 10TH STREET P.O. BOX 758 CGREELEY, COLORADO 80632 • COLORADO July 16, 2003 MORNINGSTAR FOODS INC C/O ASSOCIATED TAX APPRAISSERS P O BOX 56561 HOUSTON TX 77256-6561 Parcel No.: 096117407003 Account No.: R3567386 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. MORNINGSTAR FOODS INC - R3567386 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�OFF,EQUALIZATION ei 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