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Home My WebLink About910874.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO PETITION OF: LONGMONT PARTNERSHIP Z SUPER 8 MOTEL INC 10805 TURNER BLVD LONGMONT, CO 80501 DESCRIPTION OF PROPERTY: PIN: R 0085887 PARCEL: 131310100039 - 25107-X PT NE4 10 2 68 BEG E4 COR OF SEC THENCE N89D49'W 451.4' NOD24'E 1323.4' TO TRUE POB THENCE CONT NOD24'E 525.03' N89D36'W 299.99' SOD24'W 523.20' THENCE S89D15'E 300' TO TRUE POB EXC COMM E4 COR OF SEC N89D49'W 451.4' NOD24'E 1323.4' TO WHEREAS, the Board of County Commissioners of Weld County, Colorado, organized 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 1991, 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 1991, 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 Tom Dougherty, 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 Board of Equalization, that the evidence presented at the hearing clearly supported the value placed upon the Petitioner's property 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. As such, this Board finds that the Petitioner failed to meet the burden of proving that the Assessor's valuation was incorrect. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed. 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: 910874 Page 2 RE: BOE - LONGMONT PARTNERSHIP 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) 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 910874 Page 3 RE: BOE - LONGMONT PARTNERSHIP 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 6th day of August, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: ArkWW1% WELD COUNT , ORADO Weld County Clerk to the Board Gord airman By:B l' 'y v �.� Deputy lerk to the 800 Geo a Kenned , Pro-'l em _ APPROVED AS TO FORM: 4/9As,os� t%),Wt(Xte," Constance L. Harbert /#1 Y C� Assistant County Attorney C. W. K J /024010- W. H. We ster 910874 BOE DECISION SHEET PIN #: R 0085887 PARCEL it: 131310100039 LONGMONT PARTNERSHIP % SUPER 8 MOTEL INC 10805 TURNER BLVD LONGMONT, CO 80501 HEARING DATE: August 6, 1991 TIME: 8:30 A.M. HEARING ATTENDED? (ON) NAME: AGENT NAME: DOUGHERTY-SCAVO DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 196243 $ Improvements OR Personal Property 541373 Total Actual Value $ 737616 $ COMMENTS: MOTION BY (1' 5.4fT0 SECONDED BY 73 .22 f Lacy O2\1) Kennedy N) Failed to meet burden of proof Harbert N) Comparables inadequate Kirby /N) Assessor's data unchallenged Webster (15PN) `f Other: RESOLUTION NO._ 91°87# `r 1 - V�� 915 1001 STREET ' GREELEY,COLORADO 80631 NOTICE OF ADJUSTMENT PFIONF:(303)3564000, I:X"{.4256 willp0 25107-X PT NE4 IC 2 68 DEG E4 COR OF SEC THENCE Nf19D491W 451 .4* NOD241IE 1323.48 TO TRUE POD THENCE aORADO CUNT NOD24IIE 525.03I N89D364W 299.996 SOD249W 523.201 THENCE S89D15IE 300• TO TRUE PUB EXC COMM E4 COR OF SEC N89U49IW 451 .41 NOD241E 1323.46 TO 10805 TURNER BLVD WELD .7.; w, OWNER LQNGMUNT PARTNERSHIP 11 -4 r":"" <�.•-``: DOUGHERTY^SCAVO ` PARCEL 131310105109- 0, . ..,. PIN R 00958cq.: i . n _.., 220 E MULBERRY ST YEAR 1991 " ; 'i" vi F T COLLINS CO 80524 LOG 0,045? LJ ON 05/06/1991 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 categoryliesl= Residential property is valued by considering the cost and market approaches. Agricultural land value is determined solely by the earning or productive 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 fora listing of these districts,and plan to attend these budget hearings. Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest and has deter- . .ed the valuation(s) assigned to your property. The reasons for this determination of value are: TAXPAYER PROVIDED A REPORT ON THE SOIL AND GROUND WATER CONTAMINATION CAUSED BY A DIESEL FUEL LEAK AT THE TRUCK SERVICE /WASH SITE BORDERING THE SOUTH PROPERTY LINES. EXTENT OF CONTAMINATION TO SUBJECT REFLECTS REDUCTION OF VALUATION. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW LAND 196,243 1966243 IMPS 721,1830 541 •37:3 TOTALS $ $ 91 8,073 $ 737 616 It 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. 91`0 74 By: _ WARREN L. LASELL 06/20/91 WELD COUNTY ASSESSOR DATE 122 FornPV R•O7-87/91 ADDITIONAL INFORMATION ON REVERSE SIDE YOU HAVE THE FIIC?H l- TO APPEAL THE ASSESSOR'S DECISION The County Board of Equalization will sit to hear appeals beginning July 1 and continuing through August 10 for real property (land and buildings) and personal property (furnishings, machinery, and equipment). 39-8-104 ar 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 of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 15. WELD COUNTY BOARD OF EQUALIZATION 915 10jr 3 r!,:?, P.O. Box 758 Greeley Colorado 80632 Telephone. (303) X56-4000, Ext. 422_5 _ --- NOTI ICATION OF HEARING: You will be notified of the time and place set for they bearing of your appeal. c..►t trry BOARD OF EQUALIZATION'S DETERMINATION: The County Board of Equalization must make a decision on your appeal and maii you a determination within five 1)w;iness days. The County Board must conclude their hearings by August 10. (AXPAYEFI RIGHTS FOR FURTHER APPEALS: If you are not satisfied with the County Beard of Equalization's decision, you must file within thirty days of the County Board of Equalization's decision to ONE of the following: Bozirt ttf Assessrmart Appeals (BAA): Contact the BAA at 1313 Sherman, Room ,315, &Inver, Colorado 80203, (303) 866-5880. District Court: 9th Avenue and JIh Street, P.U. Box C Greeley, Colorado 80632 Telephone (303) 356-4000, Ext. 4520 Arbitration: WELD COUNTY BOARD OF EQUALIZATION 915 100) Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (303) 35O 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- 18. 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, please explain why you disagree with the Assessor's valuation.Attach additional documents as necessary. 1.0974 Dougherty&Scavo 220 E.Mulberry St. Ft.Collins,CO 8052.4 J U L 12 1991 SI6NATURE OF F'ETITIONI:R 0M-493 a. OAT • rs • \ CLERK TO THE BOARD P.O. BOX 758 C. OREELEY,COLORADO 80832 (303)3584000 EXT.4225 COLORADO July 18, 1991 Parcel No. : 131310100039 PIN No. : R 0085887 LONGMONT PARTNERSHIP Z SUPER 8 MOTEL INC 10805 TURNER BLVD LONGMONT, CO 80501 Dear Petitioner(s) : The Weld County Board of Equalization has set a date of Tuesday, August 6, 1991, at or about the hour of 8:30 A.M. , to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Centennial Center, 915 10th Street, Greeley, Colorado, in the First Floor Hearing Room. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor will be present before the Board. The Board will make their 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 10, 1991, and mailed to you on or before August 16, 1991. 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. 91_1870 LONGMONT PARTNERSHIP - R 0085887 Page 2 At least two (2) working days prior to your hearing the Assessor will have available, at your request, the data supporting his valuation of your property. 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, OARD OFaa0N Donald D. Warden, Clerk to the oard BY: /2, Carol A. Harding, Dep ty cc: Warren Lasell, Assessor DOUGHERTY-SCAVO, 91-0571 Hello