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Home My WebLink About910842.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO PETITION OF: BROWN BARBARA M & ANDREWS M P 0 BOX 7 EATON, CO 80615 - 0007 DESCRIPTION OF PROPERTY: PIN: R 0163489 PARCEL: 080505000037 - 17773-D PT 5 6 66 BEG SE COR OF SEC S87D54'W 280.39' TO TRUE POB S87D54'W 39.6' N61D45'W 332.05' N56D43'W 196.57' N49D18'W 251.36' N38DW 548.25' N33D59'W 162.22' N84D05'W 225.99' S88D41'W 82.83' S79D10'W 151.13' N87D44'W 69.85' N65D44'W 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: 910842 Page 2 RE: BOE - BROWN BARBARA M & ANDREWS M 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. 910842 Page 3 RE: BOE - BROWN BARBARA M & ANDREWS M 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 6th day of August, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: // 'Ili �4 WELD COUNT , C 0 DO �� 777�J �([�r� � / Weld Count e1e1'k to�the ar / Gord airman By: // D ty Clerk to tb and Geor a Kenne y, Pro-Tem APPROVED AS TO FORM: �� --j71 ,T Constance L. Harbert (a /? Assistant County Attorney C. W. Kirby �,�, goiltdp.t, W. H. Webster 910842 BOE DECISION SHEET PIN #: R 0163489 PARCEL #: 080505000037 BROWN BARBARA M & ANDREWS M P 0 BOX 7 EATON, CO 80615 - 0007 HEARING DATE: August 6, 1991 TIME: 8:30 A.M. HEARING ATTENDED? 0N) NAME: AGENT NAME: DOUGHERTY-SCAVO DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 33488 $ Improvements OR Personal Property 227519 Total Actual Value $ 261007 $ COMMENTS: MOTION BY C?/.7- TO 7 SECONDED BY:2ri,e// Lacy ( ) Kennedy ) Failed to meet burden of proof Harbert /N) Comparables inadequate Kirby ) Assessor's data unchallenged Webster ) 9ther: RESOLUTION N0._ 910842 LE h Lot COLORADO P:f GRGELCY,COLORADO80631 NOTICE OF DENIAL PHONE 003)356-4000, ExT.4256 17773-D PT 5 6 SE CCIR OF!olive 280.39° TO TRUE6PCBES87D541W 3986•CN611)4541 l LeRADO 332.05' N56D43• W 196. 57• N49018 'W 251.36• N38DW 548.25• N33D59• W 162.22• N84D05•W 225.99• S88D41 •W 82.83• S79D10• W 151 . 13• N87044• 14 69.85• N65D44 •W 13939 72 CR WELD OWNER DROWN BARBARA M 6 ANDREWS M DOUGHERTY-SCAVO PARCEL 08050500-0037 , PIN R 016340-9 ` - 220 E MULBERRY ST YEAR 1991 l " - FT COLLINS CO 80524 LOG 03167 05/28/1991 .. The appraised value of property is based on the appropriate consideration of the approaches to value required by law.The Assessor his 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. " Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest and has deter- . .d 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 1989/1990 TIME PERIOD. THIS COMPARISON SHOWS YOUR ACTUAL PROPERTY VALUE TO DE CORRECT FOR THAT PERIOD. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW LAND 33.488 33.488 IMPS 2278519 2278519 TOTALS $ $ 2618007 $ 2618007 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. WARREN L. LASELL oh/24/91 WELD COUNTY ASSESSOR DATE r�1d,'".(�+42 34 15 -87/91 ADDITIONAL INFORMATION ON REVERSE SIDE ✓ h' '3/Fs YOU HAVE THE fllL.HT" TO APPEAL THE ASSESSOR'S DECISION Th9 County Board of Equalization will sit to hear appeals beginning .July�1 and continuing through August 10 for ',Jai properly ()and and buildings) „ild personal property (furnishings, machinery, and equiprnent). 39-8-104 ar • :30-8-907(2), C.R.S. APPEAL AL PROCEDURES: If you choose to appeal the Assessor's decision, Mail or deliver one copy of this completed form to the County !Alan] of Eg!►al+'zation. Tcr ryc!..;`r„, ripen lc,,��1:,.� ;;, .;..-.,E ;.iveal must be POSTMARKED OR Dl"-LIVERED ON BE.FORE JULY 10. WELD Ct1i.N Fl` r Ji21/4fi i OF EQUALIZATION 915 :'t}.i; ;,tr::t:( i .'). I_;ox 758 Gree'•c:yr. C`•:_1lcr:ucio0632 _.._.___ _ _!eleI,i1one ,:;U) 3':fi:il000, E xt. 4225 _.... _ 140 1FICATION OF HEARING.; You will he notified of the time and place set fc:r the hearing of your appeal. :-C.4INT Y t�;t):�f1n a! F.011A1.t i ATION'S DETERMINATION:RMI�.IIz"SION: "he County Board of Equalization must make a decision on your appeal and mail you a determination within Live days. The County Board must conclude their hearings by August 10. '_��oki3 YER RIGHTS' FOR FURTHER AF`PFAL S: If YOU are not satisfied with the County Board of Equalization's decision, you must file within thirty days of the Courtly Board of Equalization's decision to ONE of the following: Board of Abst ssnlettt Appeals (RAA): Contact the BAA at 1313 Sherman, Room 315, Denver, Colorado 80203, (303) 866-5880. District Court: 9th Avenue and 9111 Street, I',O. Box C Greeley, Colorado 80632 Telephone (303) 356-400C), Ext. 4520 Arbitration: WELD COUNTY BOARD OF EQUALIZATION 915 lOit Strer:t, P.O. Box 758 Greeley. fS063 2 elephonQ ( 3031 35Ci.4000, [,; !. 4225 If you do not receive a determination from the County Board of Equalization,you must file an appeal with the Board .1 iissessment Appeals by September 18. TO PRESERVE YOUR APPEAL RIGHT'S, 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. )nugherty&Scavo - :0 E. Mulberry St. �' rt.Collins,CO 80524 Srr;NAl'URF OF r'FTITION("r? - - - - - 493.498Q--_�_�. h_ : \91 7 )1 --- • CLERK TO THE BOARD P.O. BOX 758 WI ' GREELEY,COLORADO 80832 C. (303)3564000 EXT.4225 COLORADO July 18, 1991 Parcel No. : 080505000037 PIN No. : R 0163489 BROWN BARBARA M & ANDREWS M P 0 BOX 7 EATON, CO 80615 - 0007 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. BROWN BARBARA M & ANDREWS M - R 0163489 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, B RD OF EQ ALIZZ T Donald D. Warden, Clerk to the B and BY: (//O�/ Ct Carol A. Harding, Dep�Ly cc: Warren Lasell, Assessor DOUGHERTY-SCAVO, Hello