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Home My WebLink About20032301.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: FIRST BANK OF ERIE CIO FIRST BANK HOLDING CO P O BOX 150097 LAKEWOOD, CO 80215 DESCRIPTION OF PROPERTY: ACCOUNT#: R5757586 PARCEL#: 146718311010 - ERI 24431 L3 & S4' L4 BLK13 %512 BRIGGS% SITUS: 512 BRIGGS ST ERIE 80516 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 not being present or 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 $ 19,575 Improvements OR Personal Property 139,625 TOTAL $ 159,200 2003-2301 AS0055 ; As, gg, e'er RE: BOE - FIRST BANK OF ERIE 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. 2003-2301 AS0055 RE: BOE - FIRST BANK OF ERIE 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 4th day of August, A.D., 2003. BOARD OF COUNTY COMMISSIONERS �� COUNTY, COLORADO ATTEST: L//W vi E. Long, hai Weld County Clerk to the Board ^ R bert D. den, Pro-Tem o the B:: M. J. Geile IS,,, .��_; _., ,�i , FORM: Willis H. Jerrky �+r•a i . C nty Attorney .a/A,1 Glenn Vaad Date of signature: O/ei 3 2003-2301 AS0055 STATE OF COLORADO RECEIVED WELD COUNTY J U L 1 6 2003 PETITION FOR APPEAL WELD COUNTY ASSESSOR TO THE HONORABLE WELD COUNTY BOARD OF EQUAL9Jx roNColorado Petitioner, 1ST Bank Colorado Corp., c/o Tax Profile Services Inc. (TPS) located at 2525 16th St., Suite 225, Denver, CO 80211, requests a review of the County Assessor's Notices of Determination for the Subject Property described below for tax year 2001. A Statement of Agency is also attached. PROPERTY OWNER'S NAME: 1ST Bank Colorado Corp. a/k/a 1ST Bank Holding Company MAILING ADDRESS: c/o Tax Profile Services, Inc. 2525 16th St. , Suite 225 Denver, Colorado 80211 PROPERTY NAME: 1ST BANK ERIE BRANCH -ERIE-6 PROPERTY ADDRESS: 512 BRIGGS STREET ERIE, Colorado SCHEDULE NUMBER: R5757586 APPEAL IS ON: Land & Improvements DESCRIPTIVE COMMENTS OF APPEAL: In Del Mesa Farms and BAA v. The BOE of Montrose County (97CA0686), the courts found that"...regardless of whether a particular Item is affixed to a building and may otherwise constitute a fixture system, the item constitutes personal property if it use is primarily tied to business operation." Subsequently in filing all personal and real property petitions, Tax Profile Services, has recognized that the business fixtures shall be reported fully in the personal property declarations, and should be recognized in the income approach with the appropriate adjustments computed SIGNATURE OF PETITIONER: Aj' Ik kibt _ NAME: Jef re oe PHONE NUMBER: (303) 4 phone (303) 4 7-4597 fax JUL-01-2003 10:03 1ST BANK HOLDING 303 235 1044 P.01 NOTICE OF DENIAL OFFICE OP COUNTY ASSESSOR 1400 NORTH 17th AVE. ERI 24431 L3 & S4' L4 BLK13 %512 GREELEY,CO 80631 � a BRIGGS$ SITUS : 512 BRIGGS ST ERIE PHONE(970)353-3845,EXT.3650 80516 vineOWNER: FIRST BANK OF ERIE COLORADO FIRST BANK OF ERIE LOG 3896 C/O FIRST BANK HOLDING CO PARCEL 146718311010 P O BOX 150097 ACCOUNT R5757586 LAKEWOOD, CO 80215 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(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,fire protection,and other special districts)bold 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 requires commercial property to be valued based on actual value and assessed at 291. 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 COMMERCIAL 125 ,000 159200 159200 TOTALS S $ 159200 S159200 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 Equalisation for further consideration,39-8- 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-207-n3 ADDITIONAL INFORMATION ON REVERSE SIDE STATEMENT OF AGENCY Property Owner, FIRSTBANK Holding Company of Colorado, hereby appoints TAX PROFILE SERVICES, Inc. (hereinafter"TPS") as Property Owner's representative in connection with the valuations for assessment of Property Owner's real property and/or personal property in THE STATE OF COLORADO FOR 2003-2004, for taxes payable the following year (hereinafter "Subject Property"). TPS shall have full authority to: a) Review all applicable records relating to the valuation for assessment of the Subject Property, b) Discuss the valuation for assessment of the Subject Property with the County Assessor, with any representative of the Assessor's office, or with the County, as to the amount of valuation which TPS deems appropriate in the circumstances, c) Accept the valuation for assessment, and d) Pursue any statutory remedies which Property Owner may possess before the County Assessor, County Board of Equalization, County Board of Commissioners, State Tax Court, District Court, Appellate Courts, or in binding arbitration in the Property Owner's name and on Property Owner's behalf. The person signing below is acting in a representative or official capacity, or as attorney- in-fact and has the authority to do so on behalf of the Property Owner. This agreement shall remain in effect until revoked in writing by property owner. FIRSTBANK Holding Company of Colorado ,j Y %it �rl� i' ;y i.2/17/074, Signature /1 ✓ Date / 0 -0CI fi/ t /Q TA.S//)! ! Name Title �HST ht< �(cl rht G Le„ A .1.1/2. .CLCA?-4-.6 Company Name L.(II CLERK TO THE BOARD PHONE (970)AX: (303 E 52 4217 FAX: (303) 352-0242 WEBSITE: www.co.weld.co.us ' 915 10TH STREET P.O. BOX 758 CGREELEY, COLORADO 80632 • COLORADO July 22, 2003 • FIRST BANK OF ERIE C/O FIRST BANK HOLDING CO P O BOX 150097 • LAKEWOOD CO 80215 Parcel No.: 146718311010 Account No.: R5757586 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 4, 2003, at or about the hour of 4:30 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. FIRST BANK OF ERIE - R5757586 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 TAX PROFILE SERVICES, INC. 2525 16TH STREET, SUITE 225 DENVER CO 80211 Hello