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HomeMy WebLinkAbout901503.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1990, WELD COUNTY, COLORADO PETITION OF: HAYES ELLA MARIE & STEPHENS SUSANNE-1/2 INT ET AL BOX 773 SARATOGA, WY 82331 DESCRIPTION OF PROPERTY: PIN: R 2739986 PARCEL: 095932000008 - 17701 PT SW4 32 5 66 BEG AT SW COR SEC E815 ' N22D35 'W 337 ' N24D15 'W 497 ' $68D45 'W 81 ' S11D35 'E 140 ' S13D50 'W 97 ' N43D13 'W 572 ' TO W LN SEC S932 ' TO BEG (11A M/L) WHEREAS, the Board of County Commissioners of Weld County, Colorado, organized as a Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the assessment and valuation of real and personal property within this County, fixed and made by the County Assessor for the year 1990, and WHEREAS, said petition has been heard before the County Assessor and due notice of adjustment thereon has been given to the taxpayer(s) , and WHEREAS, the taxpayer(s) presented a petition of appeal to the County Assessor's valuation for the year 1990, claiming grounds for relief thereunder stating the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner being represented by John Stephens, 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 its 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. 901503 Page 2 RE: BOE - HAYES ELLA MARIE & STEPHENS SUSANNE-1/2 INT ET AL 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: 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. (39-8-108 (1) , 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. (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. (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 you and the CBOE are entitled to participate. The hearings are informal. The arbitrator has the authority Page 3 RE: BOE - HAYES ELLA MARIE & STEPHENS SUSANNE-1/2 INT ET AL 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 8th day of A ust A. 990. ATTEST: UW BOARD OF COUNTY COMMISSIONERS WEL' !eUNTY, COLORADO Weld County Clerk to the Board ,/ H - Gene R. Bran er, Chairman • Deputy Clerk to the Board Gee Ke ned , Pro-feltr APPROyED AS TO FORM: 3 -ry-e�41cG onstance L. Harbert f2 I/ , ounty Attorney C. W. K r Gord . Lacy /// 171 1 1O.O1 COLN I Y .v5.;155012 915 10th STREET' I/ NOTICE OF DENIAL GREELEY,COLORADO 80631 PHONE(303)3564000, EXT.4256 Willie 17701 PT SW4 32 5 66 bEG AT SW CUR SEC Ed15a N22D35sW 337s N24D15114 497s $6dD45sW 81s SI11)354E I -LORADO 140 5130501W 97s N43D13sW 572s TO W LN SEC S932• TO BEG ( 11A M/L ) OWNER HAYES ELLA MARIE 6 STEPHENS SUSANNE-1/2 I HAYES ELLA MARIE G STEPHENS SUSANNE-1/2 INT PARCEL 095932000008 PIN R 2739986 DUX 773 YEAR 1990 - - SARATOGA WY 62331 LOG 00562 O 06/06/1990 CT) 't The appraised value of property is based on the appropriate consideration of the approaches to value required by law.The Assessor has•deaterrnirle. that your property should be included in the following category(ies): 4•• 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 o 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) hot 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 hearing: Asessor has carefully studied all available information, giving particular attention to the specifics included on your protest and has deter m...ed the valuation es"assigned to your property. The reasons for his determination of value are: NU CHANGE HAS SEEN MADE TO THE ACTUAL VALUATION OF THIS PROPERTY. COLORADO LAW REQUIRES US TO SEND THIS NOTICE OF DENIAL FUR ALL PROPERTIES UN WHICH WE DO NOT ADJUST THE VALUE. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW LAND b8 611 IMPS TOTALS $ $ 68 $ 08 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. By. RICHARD W. KEIRNES 06/od/90 WELD COUNTY ASSESSOR DATE 11 t5-DPT-AD ADDITIONAL INFORMATION ON REVERSE SIDE Form PR-207 87/90 6 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303) 356-4000. EXT. 4200 P.O.. Box 756 GREELEY. COLORADO 80632 C. COLORADO July 25, 1990 HAYES ELLA MARIE & STEPHENS SUSANNE-1/2 INT ET AL BOX 773 SARATOGA, WY 82331 The Weld County Board of Equalization has scheduled your hearing for Friday, August 3, 1990, at or about 9:00 A.M. regarding your tax assessment for property in Weld County, Colorado, described as: 17701 PT SW4 32 5 66 BEG AT SW COR SEC E815' N22D35'W 337' N24D15'W 497' $68D45'W 81' S11D35'E 140' S13D50'W 97' N43D13'W 572' TO W LN SEC S932' TO BEG (11A M/L) The public hearing 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. Procedure for hearings before the Weld County Board of Equalization will be as follows: Assessor: 1) The Assessor shall present his case first. He shall present evidence concerning the manner in which the property was assessed, both orally and in written form. (15 minutes) Taxpayer: 1) The taxpayer will present his case second. 2) Taxpayer may present all evidence, orally and/or in written form as exhibits. 3) Evidence presented will be limited to actual or assessed values of like properties or sales of like properties from January 1, 1987 through June 30, 1988. Testimony concerning tax amounts and their usage by law are not applicable at this hearing. (15 minutes) Page 2 RE: BOE - R2739986 Decision of County Board of Equalization: 1) By law, the valuation of property for taxation as determined by the Assessor is presumed to be right. The taxpayer is therefore required to present sufficient evidence to prove his case. 2) The decision of the County Board of Equalization shall be based only on the testimony produced and exhibits introduced at the hearing. 3) The decision of the County Board of Equalization shall include a statement of findings and conclusions upon all the material issues of fact and law presented and shall either affirm the Assessor's assessment or shall amend it as stated. If you are unable to attend at the time scheduled above, please contact this office immediately. Our phone number is (303) 356-4000, ext. 4225. Sincerely, Donald D. Warden weld County Clerk to the Board C,By: eputy Clerk to tle Board Hello