HomeMy WebLinkAbout910267.tiff 15-OPT FORM PRESCRIBED BY THE PROPERTY TAX ADMINISTRATOR
FORM 920 1/666/90 PE' 1N FOR ABATEMENT OR REFUND OF TAXES-c • 'ECKEL co. DENVER 36312
Petitioners: Use this side only.
GREELEY Colorado, MAR 13 19 91
City or Town
WELD
To The Ilonorable Board of County Commissioners of County
Gentlemen:
The petition of PHELPS; INC
whose mailing address is. PO BOX 2440
GREELEY CO 80632
City or Town State Zip Code
SCIIEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL
2770686 GR 70 L1 THRU 8 BLK 1 & VAC E-W ALLEY & L1 THRU 7
(096105104014) BLK2O & VAC 4ST BETWEEN L5 thru
(420 6 ST)
respectfully requests that the taxes assessed against the above property for the years A. D.
19...13.9..., 19 , are erroneous, illegal, or due to error in valuation for the following reasons:
(Completely describe the circumstances surrounding the incorrect value or tax.)
THIS PROPER'T'Y WAS OVER-VALUED IN BOTH TAX YEARS 1989 AND 1990.
PETITIONER WAS NOT AWARE OF THE OVER-ASSESSMENT IN 1989 , BUT
DID PROTEST IN 1990. AS A RESULT OF THE PROTEST, THE VALUATION
WAS LOWERED AS SHOWN ON THE ATTACHED NOTICE FROM THE ASSESSOR .
PETI'T'IONER REQUESTS , IN ACCORDANCE WITH RECENT LEGISLATION , THAT
THE VALUATION BE ADJUSTED FOR 1989 ALSO (AS PART OF THE SAME
ASSESSMENT CYCLE) .
19.89... 19
Value Tax Value "fax
Orig. 370,960 $32,280.58
Abate. 7,500 652.65
Bal. 363,460 $31,627.93
The taxes (have) (helmetmai) been paid. Wherefore your petitioner prays that the taxes may
be zkadltdcortrefunded in the sum of $ 652.65
I declare, under penalty of perjury in the second degree that this petition, together with any
accompanying exhibits or statements, has been examined by me and to the best of my knowledge,
information and belief is true, correct and complete.
PHELPS INC
`Petitioner
.... .. ..
By
Agent
R&N PROPERTY CONSULTANTS
413 MAIN ST
Address WI.NU.SOR.. CD 80550
•
A-SQv a V 91O467
•
4920116
RESOLUTION OF COUNTY COMMISSIONERS
WHEREAS, The County Commissioners of WELD County,
State of Colorado, at a duly and lawfully called regular meeting held on the 27.:th day
of Msrch , A.D. 19...91..., at which meeting there were present the following
members:..Gor.don..Lacy,...Chairman.;...Commi s.sinners..George..1Cennedy....Conni.e..H.axhert.,
.B.111 Kirby.,...and William Webster
notice of such meeting and an opportunity to be present having been given to the taxpayer and
the Assessor of said County and said Assessor Warren Lase11 and taxpayer
representative Chris Ruff being present; and (name)
(name)
WHEREAS, The said County Commissioners have carefully considered the within applica-
tion, and are fully advised in relation thereto,
NOW BE IT RESOLVED, That the Board... concurs with the recommendation of
(concurs or does not concur)
the assessor and the petition be denied........, and an abatement/refund no.t..he..allowed_ .
(approved or denied) (be allowed or not be allowed)
on an assessed valuation of$ 370,.9.6.0 for $..32.,.2.(�89.5.8. ...to al tax for the year(s) 19..8.9...:..
•
C o B d of County Commissioners.
STATE OF COLORADO, I
WELD }ss.
County of 1)
L DRn eid D, Warden , County Clerk and Ex-officio Clerk
of the Board of County Commissioners in and for the County of WELD
State of Colorado, do hereby certify that the above and foregoing order is truly copied from the
records of the proceedings of the Board of County Commissioners for said WELD
County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Greeley this 27th ay of �GL.� ' A. D. 19 91
County Clerk.
Dept ,
ACTION OF THE PROPERTY TAX ADMINISTRATOR
Denver, Colorado, , 19
The action of the Board of County Commissioners, relative to the within petition, is hereby
❑ approved; ❑ approved in part $ ❑ denied for the following reason(s)
ATTEST: L.
Secretary. Property Tax Administrator.
. o
i m
v 01 .
-I-) '.
i
ro .
H ro L F Q )q E7-4 as
to _
X 41 nJ \ raj Q o 0 iCU
C C m y o
o w N rt5 N toil a b $ •�
0 �+ •O O
CO m O O a .r ,�
O ,t N V U
0 L C • N >, Nw y r� o u
0Lei PA 0 m i-3O1 U 0ii;. $ 0 0 N L � o. u
z , ncr E d o OU a o w a' Q 00 .. -0 ‘.1 A � coe � y� a
OJ n FFir _ FFF q EP
3 N f+] N C Ou. N = rd a y o 7 re au O O — o
H o ill cd a v a a wv� ^-4 p8 o .� oaa°
Q a .C .0 •g co C L .0- C '' 7 o a, u
H Z 3 C p g 0QJ ,-. o3B = 8 `� 0 .0
(/) o Z a, la E o ci ie " •0 3 ,� Y. R.F. .2 U C u
a✓ o v %d ca. n� w in 0 �"'�.. _. ,C; IA o --1 .2 may�l' ,a�' yy co 4�
m v a'�
U a to vIAIDC9❑-, ti +'° M J ro er ca
e ,`ait
aCLERK TO THE BOARD
P:O. BOX 758.
i GREELEY,COLORADO 800.72
■■
(303)358- 000 EXT.:1225
11
COLORADO
March 28, 1991
phelps, Inc.
P.O. Box 2440
Greeley, CO 80632
Dear Sirs:
On March 27, 1991, the Board of Weld County Commissioners considered your
petition for tax abatement and denied same.
Pursuant to Section 39-2-125(f) ,` C.R.S. ,' you have the right to appeal this
decision to the state Board of Assessment Appeals within thirty days. You
may obtain the appropriate farms and instructions. from the Board of
Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room
420, Denver, Colorado 80203.
11:wV41.4%.?
Donald D. Warden,
Clerk to the Board t
By: C ¢ C � , ,�- -6-t/
Deputy Clerk to the Board
91.02671
is(ft MEMORAnDUM
WilkTo rnuNTY CDMMTSSTONEBS _ Date MARCH 27. 1991
COLORADO From WARRFN T.ASFT.T.
Subject PFTTTTON._OF ABATEMENT FOR PHELPS, INC (schedule # 2770686)
Petitioner requested an abatement of $652.65 for the tax year of 1989
because we lowered the assessed value of the property at 420 6th Avenue following
their protest in 1990. I recommended denial of the request because the abatement
request was filed more than one year after the taxes were due. Subsequently, the
petitioner contacted me to discuss the reason for this recommendation. He
indicated that he would continue to petition for abatement of the same amount in
1989 property taxes, but on the basis of a "clerical error. "
During 1990 petitioners protested the assessed value of for 420 6th Avenue,
on the basis that the assessor's appraiser incorrectly measured and classified
the building. On that basis we lowered the assessed value for 1990 by $7,500.
Petitioners contend that the 1989 assessment should be lowered by $7,500 because
of "clerical error. "
The assistant county attorney, Jan Allison, and I contend, based upon the
5050 Broadway case, that the reasons for the reduction in assessed value as a
result of the 1990 protest do not constitute a "clerical error. " Therefore, I
continue to recommend denial of the reduction in assessed value for 1989.
91326
915 loth S i RE L1
(1. . NOTICE OF AUJUSTii NTI GREELEY,COLORADO 80631
PHONE(303)356.1000, EXT.4256
wine. GK 70 L1 THKU 8 I1LK 1 � VAC E—W ALLEY 1:LI THRU 7 81.11/4. 0 E VAC 4:,TbETWELN L5 THKU 8
COLORAD ULK1 6 LI THUU 4 OLK20 EXC ULG 5L CUR L1 BLK20
THENCE HELY 157 . WLY 631 SLY 1571 ELY o3 s .TO BEG
ALSU EXC.: L41 • L7 MA( 20
420 6 ST GRE:ELE:Y
OWNER PHELPS INC
R G N PROPERTY CONSULTANTS PARCEL 096105104014
PIN k 177O666 it4if oi‘ g
P•U• bOX 99 YEAR 1990
WINDSOR CU 8O55O LUG OO997
04lb/1990
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 lies):
Residential property is valued by considering the cost and market approaches.
Agricultural land value is determined solely by the earning or production capacity of the land,capitalized at a rate set by law.
Producing mines are assessed at 25%of the gross proceeds or 100%of the net proceeds,whichever is greater.
Oil and gas leaseholds and lands are assessed at 87.5% of the gross value of the oil and/or gas sold or transported from the premises on
primary production;secondary production is valued at 75%.
All other property,including vacant land,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) 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 deter-
mined t e viteJ�(sitetgrNhyo�rSp egly ariresu��t hUi[iletrainaZybolfalviA•
L YNFOft MAT ION YOU
PROVIDED,
•
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LAND 157,806 157. 806
•IMPS 1/ 1211379 1 • O95a492
•
TOTALS $ $ l 1279 1 1S5 $ 13 2b4 s z911—
If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization 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.
RICHARD W. KEIRNES 06/25/90 91.026
By. WELD COUNTY ASSESSOR DATE 29
15 ADDITIONAL INFORMATION ON REVERSE SIDE �I
PR 207 87190 2 armm PR
h y ' • .
{ 4 I ,
l i ,, r' ,a
; w
••• MN PROPERTY CONSULTANTS ' 413 VAIN ST \` WINDSOR, CO. * (303) 06-7447 .". '.': l � >'+
•
T,!
\ ,
PPOFET.TY TAX CONSULTANT--CLIENT AGREEMENT A
l Mil ; Property Ouneri^•.,ep: PHSLE _, 77C.• / STEVE CARRICO
Property Address : ;-^ 6TH AVE.
City : 13REELEY
County : WEL: '
Parcel 'u .__- , " . _4 _-C=-1-)Y-G1y; -05-015
h . < v5
R&N is !-1:..- h.• 3nga.?i.1 3n/ ":4n ' =,-1 to act as agent .and consultant for the
undersigned, in the reparati.n :f a real estate assessment appeal tabatemen_:
fcr the p rsp-,rty specs:i_a ?love for tax year :9e9. R&M is aut` _ izer
to appear ': .fore the Assessor .md 'rr hearings of the County Board of a
Equalization, tc -lot as undersigned's sole representative before scot: hearing
`4
and to make -.Lich presentations and decisions as necessary to effect a
settlement of the real estate valuation issue at hand.
-,,,,--
This agreement f';::ther aut`r_-'__as R&N, as agent of the undersigned, to execute
cause:- t_ be filed an behalf of the undersigned, _n oh a ud_ of the
undersigned, an; and n11 -locuments relating to an appeal cf the said a
assessment. t
..j S
Ad o•_ed, ,
/`
/ ?//7/7
// /
n tyl4-t/ :.i It ,nt_ ` Da e ,
•
910267
it CC CRIA
\ � CLERK TO THE BOARD
P.O.BOX 758
GREELEY,COLORADO 80832
(303)3584000 EXT.4225
III C.
COLORADO March 13, 1991
Phelps, Inc.
P.O. Box 2440
Greeley, CO 80632
Dear Sirs:
This is to advise you that the Board of Weld County Commissioners will hear your
petition for tax abatement or refund on the property described as:
Gr 70 L1 thru 8 BLK1 and Vac E-W Alley and L1 thru 7 BLK20 and Vac 4ST
between L5 thru
This meeting is scheduled for Wednesday, March 27, 1991 at 9:00 a.m. , at which
time you may be heard. The Assessor is recommending that the Board deny your
petition.
The meeting will be held in the Chambers of the Board, Weld County Centennial
Center, First Floor, 915 10th Street, Greeley, Colorado, at the above specified
time.
If you have any questions concerning this matter, please do not hesitate to
contact this office.
Sincerely,
Donald D. Warden
Weld County Clerk to the Board
By:
Deputy Clerk to the Board
DDW:clf
cc: County Attorney
County_ Assessor
R & N Prcperty Consultants
. x_0267
R
N PROPERTY CONSULTANTS '_..
COUNTY BOARD OF EQUALIZATION HEARING
March 27, 1991
1. SN 2770686 Owner: Phelps, Inc
SN 3560986 Owner: Eden Enterprises
A. Neither property's valuation was protested in 1989.
B. Both properties were found to be erroneously assessed in 1990.
--Phelps was assessed for warehouse space that did not exist and finished
office space that was unfinished.
--Eden Enterprises was assessed for office space that was actually
warehouse space.
C. Both clearly fall into the category of errors in fact, which make them
"erroneous assessments," which the State Supreme Court defined as
wholly or partially illegal. Clearly, both of these assessments were
partially illegal and abatements should be approved.
2. SN 2789286 Owner: North Weld Produce
SN 1342386 Owner: Deifik
A. Neither property's valuation was protested in 1989.
B. Both properties were overvalued and were reduced on appeal.
C. Both properties meet the criteria of permitting the filing of an
abatement based on overvaluation.
D. Timeliness is the question in these two cases.
--Definition of tax due date is the problem.
--Division of Property Taxation uses 24 month period (1e. , Dec 31 1991 is
the petition deadline for 1989 taxes) . ARL VOL 2, Sect VIII, pg 8.11
and DPT conversation, Laura Forbes, 3/21/91
--Larimer County quoted that deadline. So did Weld County last fall.
--Apparently, the entire state uses the DPT's guidelines except Denver
and Weld County (per DPT conversation, Laura Forbes, 3/21/91) .
--Bottom Line: Taxpayers expect the state law to be uniformly applied
from one county to the next. Division of Property Taxation is supposed
to be the state's authority on the procedures of property taxation once
the Legislature has set the laws. Why does Weld set its own rules?
E. Both cases should be approved and held until resolution of the "5050 i
Broadway" appeal and/or legislative clarification. •f lU257
413 MAIN STREET • P.O. BOX 99 • WINDSOR, COLORADO 80550 •(303)686-7447 FAX (303)686-7492
Section VIII , page 8.9
If the county commissioners or the Administrator deny the petition, the
taxpayer is notified in writing and provided information on the right of
appeal to the Board of Assessment Appeals (BAA) within thirty (30) days
of the date of the decision. 39-2-125(1)(f) AND 39-2-125(1) (b) (I) ,
C.R.S. If the taxpayer disagrees with the decision rendered by the
Board of Assessment Appeals, the decision may be appealed to the Court
of Appeals, and the Court of Appeals' decision may be appealed to the
Colorado Supreme Court.
NEED FOR ABATEMENTS
The abatement process begins after the tax roll is printed. The process
corrects illegal or erroneous value or tax and incorrect valuations.
Illegal and erroneous assessments or tax are always corrected regardless
of whether or not a protest was filed. Illegal and erroneous has been
defined by the Supreme Court as wholly or partially illegal .
In cases of overvaluation, the abatement petition is treated like a
protest. The assessor documents the valuation in the same manner as
preparing for a CBOE hearing. The taxpayer is advised that evidence
should be presented to the county commissioners regarding the proposed
valuation of the property. Again, a taxpayer cannot file an
overvaluation abatement petition if a protest was filed in the same
assessment year.
TYPICAL ABATEMENT SITUATIONS
Examples of typical abatement situations that can be approved include:
1. Illegal assessment rate: Property has been assessed as
commercial when, in fact, the property is residential .
2. Illegal levy: A property was assigned an incorrect tax
district code and, therefore, an illegal mill levy was applied.
3. Assessor clerical error: Data entry errors, computation
errors, and mismeasurement of an improvement are considered
errors in fact.
4. Property which became exempt during the year: The tax should
be prorated based on the number of days the property was exempt
• from taxation. 39-3-130, 131, AND 132, C.R.S.
5. Incorrect acreage or square footage of land: The petition will
be approved if an assessor clerical error occurred when the
land area was calculated. If, however, the acreage was •
provided on a deed or survey that has been recorded by the
clerk and recorder, the abatement will be denied as the
assessor relied on information as provided and of record.
15-DPT-AA
910267 PUB ARL VOL 2 1 -84
Revised 12-90
Section VIII , page 8.10
6. Improvement assessed to incorrect parcel : The improvement
value is removed from the incorrect parcel and added to the tax
roll through a special notice of valuation to the correct
owner. If the property was incorrectly assessed as improved
residential property and the parcel is vacant, the assessment
rate applied to the land is changed to reflect the correct
assessment rate. Due to the change in assessment rate, the
abatement will be less than simply the tax attributable to the
improvement.
7. Double assessment: Real property is on the tax roll twice.
8. Taxpayer reporting error: A taxpayer misreported the amount or
value of property owned when filing the personal property
declaration schedule.
9. Overvaluation: Taxpayer feels value is incorrect for the
previous assessment year and no protest was filed during that
given year.
10. Overpayment of tax on destroyed or demolished property that was
reported to the assessor prior to the levying of taxes. 39-5-
117, C.R.S.
11 . Overpayment of prepaid tax of mobile homes that have been
removed from the county. 39-5-205, C.R.S.
12. Overpayment of prepaid tax on personal property removed from
the state and reported to the assessor prior to removing the
property. 39-5-110(2) , C.R.S.
13. Surplus proceeds from the sale of distrained personal property.
39-10-111(8) , C.R.S.
14. Adjustments allowed during protest period that were not
transferred to the assessment roll .
15. Valuations changed by the BAA or a court order. 39-8-109,
C.R.S.
16. Lands wrongfully sold at tax sale: Whenever a petition is
processed due to property sold at tax sale in error, the
certificate holder still receives the interest. In these
cases, the interest payment to the certificate holder is not
• distributed to the taxing entities involved but, rather, the
county itself is responsible for paying the interest. 39-12-
111, C.R.S.
15-DPT-AA 910267
PUB ARL VOL 2 1-84
Revised 12-90
Section V111 , page 8. 11
Examples of typical abatement situations that should be denied include:
1 . Best information available assessments on personal property.
39-5-118, C.R.S.
2. Personal property that left the state and was not reported to
the assessor prior to its leaving may not be prorated; the
abatement should be denied. 39-5-110(2) , C.R.S
3. Property destroyed or demolished and not reported to the
assessor prior to the levying of taxes may not be prorated; the
abatement should be denied. 39-5-111, C.R.S
4. Personal property that is no longer in use by the business. If
personal property was located in the county on the assessment
date, the property is taxable for the entire calendar year
unless it meets one of the above criteria for proration; i .e.
destroyed or moved out of state. It is important to remember
that if property is sold during the calendar year or is put into
storage, the property remains taxable for the entire assessment
year and an abatement should be denied. Property in storage
remains on the tax roll until it is sold, removed from the
state, or put into use as personal effects.
5. Overvaluation petitions filed for years in which a protest was
also filed. The law now precludes taxpayers from filing a
protest and an abatement petition for the same assessment year;
the petition should be denied. 39-10-114(1) (a) (I) (D) , C.R.S.
6. Petitions filed more than one year after the date the taxes are
• due. Abatement or refund of taxes is limited to a maximum of
twenty four months after the date the taxes are due, January 1 .
On or after January 1 , 1990, in no case shall an abatement or
refund of taxes be made unless a petition for abatement or
refund is filed within one year of the date upon which the taxes
were due or within one year of the issuance of a final order or
judgment in an appeal filed pursuant to section 39-8-108,
whichever is later. 39-10-114(1) (a) (1) (A) , C.R.S.
COMPLETING AN ABATEMENT PETITION FORM
The treasurer is the only one authorized by statute to initiate an
abatement petition. 39-10-114(1) (a)( 1)(A) , C.R.S. It is recommended,
however, that the assessor be involved at the beginning of the process.
Some assessors file the abatement on behalf of the petitioner/owner when
an error is discovered. Other assessors require the petitioner to fill
out the petition completely and then the assessor attaches a second
910261 15-DPI-AA
PUB ARL VOL 2 1 -84
Revised 12-90
Hello