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HomeMy WebLinkAbout20001796.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2000, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: NICHOLS ALUMINUM GOLDEN INC 1900 WEST LOOP SOUTH SUITE 1500 HOUSTON, TX 77027 DESCRIPTION OF PROPERTY: ACCOUNT #: R5293186 PARCEL #: 130932000060 - FTL 16264-A PT S2NW4 32 2 66 LYING E OF C/L OF R/W OF SHORT LINE DITCH EXC COMM CEN OF SEC NOD17'W 30' TO TRUE POB & N R/W LN OF CO RD 14 1/2 THENCE W733.68' NOD01'E 1293.53' N89D57'E 726.39' SOD17'E 1294.05' TO TRUE POB (1D .50R) SITUS: 1401 14 ST 1 FORT LUPTON 80621 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 2000, 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 2000, 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 Patrick Sloan, American Appraisal Property Tax Services, Inc., 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: 2000-1796 to : "Er; .E42"71) /9 AS0046 RE: BOE - NICHOLS ALUMINUM GOLDEN INC Page 2 ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 100,083 Improvements OR Personal Property 158,087 TOTAL ACTUAL VALUE $ 258,170 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), CRS) 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 523 Denver, CO 80203 Phone: 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), CRS) 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, CRS) 2000-1796 AS0046 RE: BOE - NICHOLS ALUMINUM GOLDEN 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 1st day of August, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FAIT ilAdAthEXCUSEDBarbara J. meyer, Chair pf I u Clerk to the Board ,, 27 f q _ M. J. eile, Pro-Tem kre y Clerk to the Board c EXCUSED Gearc�e E. Baxte�r�J���I APPROVED AS TO FORM: \� ��,�e L_ E --- Dale K. Hall As i tant Co ty Attorney C/ _— Glenn Vaad --- J 2000-1796 AS0046 NOTICE OF DENIAL FTL 16264-A PT S2NW4 32 2 66 LYING E OF C/L OF R/W OF SHORT LINE DITCH EXC COMM CEN OF SEC N0D17'W 30' TO TRUE POD & N R/W LN OF CO RD 14 1/2 THENCE W733.68' N0D01'E 1293.53' N89D57'E 726.39' S0D17'E 1294.05' OWNER: NICHOLS ALUMINUM GOLDEN INC NICHOLS ALUMINUM GOLDEN INC LOG 864 1900 WEST LOOP SOUTH SUITE 1500 PARCEL 130932000060 ACCOUNT R5293186 HOUSTON, TX 77027 YEAR 2000 07/19/2000 COMMERCIAL PROPERTY IS VALUED BY CONSIDERING THE COST, MARKET, AND INCOME APPROACHES. NO CHANGE HAS BEEN MADE TO THE VALUATION OF THIS PROPERTY. COLORADO LAW REQUIRES US TO SEND THIS NOTICE OF DENIAL FOR ALL PROPERTIES ON WHICH WE DO NOT ADJUST THE VALUE. LAND 100083 0083 IMPS 158087 8087 258170 2581 'C 07/19/2000 PROM :OIJGNEX 713-993-0591 2000,07-05 17:10 '4204 P.04/04 -- ----- • - -£-a ,*v:vu a i V Mi' 4y 11YL� AJJLaJtJK'J ULLiJ1U1'M The County Board of Equalization will sit to hear appeals beginning July 1 and continuing through August ti for real property (land and buildings) and personal property (furnishings, machinery, and equipment) 39-8-104 and 39-8- 107(2), C.R.S. A.PPEAL PROCEDURES; If you choose to appeal the Assessor's decision, you must appeal to the County Board of Equalization. To preserve your right to appeal,your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 15 FOR REAL PROPERTY,AND JULY 20 FOR PERSONAL PROPERTY. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970)356-4000 Ext 4225 NOTIFICATION OF HEARING: You will be notified of the time and place set for the hearing of your appeal. COUNTY BOARD OF EOUALIZATION'S DETERMINATION: The County Board of Equalization must make a decision on your appeal and mail you a determination wi thif. five business days of that decision. The County Board must conclude their hearings by August 5. TAXPAYER RIGHTS FORFURTHER 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. 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 : you do not receive a determination from the County Board of Equalization, you must file an appeal with the Board f Assessment Appeals by September 10. • • TO PRESERVE YOUR APPEAL RIGHTS, YOU MUST PROVE YOU HAVE FILED A TIMELY .PPEAL; THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF )F MAILING. PETITION TO THE COUN'X'YBOARD OF`"EQUALIZATION • —_ the space below, please explain why you disagree with the Assessor's valuation. IN ACCORDANCE WIT)139- -106, C.RS., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR .MOUNT. Attach additional documents as nece sary. A6 7(W,014 !LV/721W,7? GaL1 A22/C. LnG- s- �f Fr*RCEL /3093 2.00006o) dccrn"-'T 8529 3/86) 'E4/2 ZOOtO — SE .,A-rr efrEt LET-re/4 '� G�l � � ` ,� rNo ����� 7-/O- Or: ) 2NAIUKk FEMIUNCK I UAIL #97-2,-”Y-910-0 c�kTrF�£b t)- z. t 7099 37-zo en99 2c5/ //59' Arcadia SA Los Angeles Atlanta Milwaukee Boston Minneapolis Buffalo New Orleans Charloffe American Appraisal Property Tax Services Ph de"` Chicago PP P Y Philadelphia Cincinnati 9441 LBJ Freeway -- - - • •• • fi" Pittsburgh Dallas Suite 114 - Princeton Denver Dallas,TX 75243 Rolling Mead(ws Detroit St.Louis Houston San Fanrisa Irvine Phone (972)994-9100 Tampa Fax (972)994-0516- July 12, 2000 Weld County Board of Equalization 915 10th Street P.O. Box 758 Greeley, Colorado 80632 RE: Property Tax Appeal- Real Account#s R5293286, R5293186, and Personal Account# P1142497 Certified Mail# 7099 3220 0009 8451 1154 Members of the Board: We are submitting this letter as formal appeal of the year 2000 property tax valuations of Weld County Assessor account numbers R5293286, R5293186 and P1142497. The property contained in these accounts was purchased by Nichols Aluminum Golden Inc. (Nichols), from Alcoa Corporation, on January 24, 2000. The purchase price, for all real and personal property, tangible and intangible, was $8,000.000 Nic:hol's parent company, Quanex Corporation, has submitted a real property transfer declaration to Weld County, confirming the $8,000,000, purchase price for all property, real and personal, tangible and intangible. Nichol's acquisition is an accurate representation of the market value of the real and personal property. The seller, Alcoa, solicited bids, and Nichol's bid was the highest among the four bids received from Alcoa. Currently, the Weld County Assessor's Office has the following valuations on the appealed accounts: Account Number Proposed Valuation R5293286 $ 4,307,640 R5293186 $ 258,170 P1 142497 $ 7,636,352 Total Proposed Value, All Accounts $ 12,202,162 American Appraisal Property Tax Services Weld County Board of Equalization Page 2 July 12, 2000 We have submitted information to the Weld County Assessor's Office showing the purchase price divided as follows: Real Estate (account#s R5293286 and R5293I86) $ 1,600,000 Tangible Personal Property(account# P1 142497) $ 6,374,000 Intangible Personal Property (not assessable) $ 26,000 Total Purchase Price, All Property $ 8,000,000 The Weld County Assessor's Office has been very helpful during our discussions of our assessments. However, we are concerned that if decisions are made separately for each account, the cumulative result will exceed the purchase price of the total properties. Consequently, we request a hearing before your deliberative body in which all appealed accounts are considered concurrently. Please direct the notice for the scheduled hearing in care of our office. I respectfully request the hearing not be scheduled for the week of July 24, 2000. I make this request for two reasons: first, I have been summoned for jury duty in Denton County, Texas, and secondly, my daughter is to be married on Saturday, July 29, and I am needed at home for final preparations. I thank you for your consideration. Sincerely, Pat W. Sloan Manager cc: Tom Royce, Quanex Corporation Hello