HomeMy WebLinkAbout910747.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO
PETITION OF:
BERGENDAHL WALTER A
1315 14TH AVE
GREELEY, CO 80631
DESCRIPTION OF PROPERTY: PIN: R 3062586 PARCEL: 096107114013 - GR 3004
L4BLK3 MTN VIEW%1315 14TH AVE%
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 present, 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:
1. Board of Assessment Appeals: You have the right to appeal the
County Board of Equalization's (CBOE's) decision to the Board of
910747
Page 2
RE: BOE - BERGENDAHL WALTER A
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
910747
Page 3
RE: BOE - BERGENDAHL WALTER A
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 29th day of July, A.D. , 1991.
ATTESTiilite4BOARD OF COUNTY COMMISSIONERS
WELD COUNTY C LORADO
Weld County Clerk to the Board
Gordon c airman
BY• ( ,t���a tl
Deputy Clerk to th a d Geo ge Kenne y, Pro-Temi�/
APPROVED AS TO FORM: i� .� ��� Z-4---4-e-,
Constance L. Harbert
A
te,
Assistant County Attorney C. W. Kirby
i '* W t/e lY/I
W. H. Webster
910747
BOE DECISION SHEET
PIN #: R 3062586 PARCEL #: 096107114013
BERGENDAHL WALTER A
1315 14TH AVE
GREELEY, CO 80631
n o?(
HEARING DATE: July , 1991 TIME: 8:30 A.M.
HEARING ATTENDED? (Y N) NAME: (1/1.17sse-XL _ .14(csOecr... 4.
AGENT NAME:
DECISION:
DECREASE IN VALUATION
INCREASE IN VALUATION
NO CHANGE IN VALUATION X
ASSESSMENT RATIO
ACTUAL VALUATION
ORIGINAL ADJUSTED
Land $ 11875 $
Improvements OR
Personal Property 36135
Total Actual Value $ 48010 $
COMMENTS:
MOTION BY lc), TO
SECONDED BY - ski Lacy SliON)
Kennedy N)
Failed to meet burden of proof Harbert N)
Comparables inadequate Kirby di N)
k_ Assessor's data unchallenged Webster ON)
Other:
RESOLUTION NO. 910747
01,1 10E 15 0th STY AS8F,8SOIt
915 10th STREET
NOTICE OF DENIAL GREELEY,COLORADO 80631
PHONE(303) 356-4000. EXT.4256
wokGR 3OO4 L4f3LK3 MTN VIEW}1315 14TH AVE%
COLORADO
1315 14 AV GREELEY
OWNER .DERGENDAHL WALTER A
') ..
D£RGENDAHL WALTER A PARCEL 096107114013. . ' '`'.
PIN R 3O62586 ,-
1315 14TH AVE YEAR 1991
GREELEY CO 83631 LOG O3742
O5/O7/1991
v
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):
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 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 the valuation(s) assigned to your property. The reasons for this determination of value are:
YOUR PROPERTY HAS BEEN UNIFORMLY VALUED FOLLOWING COLORADO LAW AND
INSTRUCTIONS PUBLISHED BY THE STATE DIVISION OF PROPERTY TAXATION.
YOUR PROTEST OF VALUE HAS BEEN DENIED DUE TO COMPARISON OF OTHER
SIMILAR PROPERTIES WHICH SOLD DURING THE 1989/199O TIME PERIOD.
THIS COMPARISON SHOWS YOUR ACTUAL PROPERTY VALUE TO t3E CORRECT FOR
THAT PERIOD*
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LAND 11 .875 11 .675
IMPS J6. 135 36s13:..)
TOTALS $ $ 481O1O $ 4.5.G15
If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration,
39-8-1O6(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal.
By. WARREN L. LASELL O5/14/91
- WELD COUNTY ASSESSOR DATE 21.0
? !`.'.I` YJ.7+'Y d
FormPPR-07-87/91 ADDITIONAL INFORMATION ON REVERSE SIDE �1
YOU HAVE THE RIGHT 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 and
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 10th Street, P.O. Box 758 -
. Greeley, Colorado 80632
Telephone (303) 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.EQUALIZATION'S DETERMINATION:
The County Board of Equalization must make a decision on your appeal and mail you a determination within Live
business days. The County Board must conclude their hearings by August 10.
TAXPAYER RIGHTS FOR FURTHER 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 decision to 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 (303) 3.56-4000., Ext. 452.0
'Arbitration:
WELD COUNTY BOARD OF EQUALIZATION
915 10th Street, P.C..Box 758 ,
• Greeley, Colorado 80632
Telephone (303) 356-4000: 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 :OUR APPEAL HIGH IS, YOU MUST PROVE YOU HAVE FILED A TIIVIE.LY 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 va€uation.Attach additional documents as
necessary. • ,
.0n, about May "l, 1991 I �.ppealed the assessor'e valuation of my residential real property
(GR 3004, Lot 4, Block 3, Mountain View; 1315 14th Avenue, Greeley, Colorado) which
was denied. I was told that my increased assessor's valuation of $6,786.00 was based
on the $35,000.00 residential property sale located at 1301 14th Avenue, Greeley, Colo-
rado (Lot I, Block 3, Mountain View). This property was sold for about $31,000.00 in
1984. In 1989 it was sold to the owner's father for the remaining mortgage on the
property._ 4.e passed away in 1990. At the present time his estate is holding a contrast
cf sale on the property for $18,000.00. I have not made any capital improvements to my
property for the last 10 to 15 years, except for heving my roof reshingled due to a
severe hailstorm in 1983. Therefore I do not agree with ' the proposed increase in
:3,a4
valuation.
r 1-4
E T "1 0D514l" �__
. (s
Q CLERK TO THE BOARD
`� P.O. BOX 758
GREELEY,COLORADO 80632
(303)356-4000 EXT.4225
C.
COLORADO
July 10, 1991
Parcel No. : 096107114013 PIN No. : R 3062586
BERGENDAHL WALTER A
1315 14TH AVE
GREELEY, CO 80631
Dear Petitioner(s) :
The Weld County Board of Equalization has set a date of Tuesday, July 23,
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 }searing, 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.
51,110'74 "
BERGENDAHL WALTER A - R 3062586
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,
BOARD OF EQUALIZATION
Donald D. Warden,
Clerk to the Board
BY:
Carol A. Harding, Deputy
cc: Warren Lasell, Assessor
r 1: •
\ CLERK TO THE BOARD
TT P.O. BOX 758
GREELEY,COLORADO 80832
(303)358-4000 EXT.4225
WI C.
COLORADO •
July 15, 1991
Parcel No. : 096107114013 PIN No. : R 3062586
BERGENDAHL WALTER A
1315 14TH AVE
GREELEY, CO 80631
Dear Petitioner(s) :
The Weld County Board of Equalization has previously notified you of the
date and time scheduled to hear the petition of appeal regarding your
valuation for assessment. Due to a scheduling conflict, it is necessary
to reschedule your hearing to July 29, 1991 at 10:00 a.m.
I would like to apologize for any inconvenience this may cause you.
Please advise me if you cannot attend your hearing as rescheduled.
Very truly yours,
B0i D OF EQU LIZAT0N
I
Donald D. Warden,
Clerk to the Board
BY: ///a" 7
Carol A. Harding, Deputy
cc: Warren Lasell, Assessor
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