HomeMy WebLinkAbout920723.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1992, WELD COUNTY, COLORADO
PETITION OF:
CHAVEZ BENNY & ELEANOR
BOX 165
DACONO, CO 80514
DESCRIPTION OF PROPERTY: PIN: R 0024988 PARCEL: 146724000077 - 24940-A PT
NW4 24 1 68 DESC AS BEING W250' OF N875' THERE0F(.62R)Z2900 WCR 11%
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 1992, 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 1992, 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:
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920723
Pi-S6O:P6 GC 5
Page 2
RE: BOE - CHAVEZ BENNY & ELEANOR
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.
920723
Page 3
RE: BOE - CHAVEZ BENNY & ELEANOR
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 30th day of July, A.D. , 1992.
� BOARD OF COUNTY COMMISSIONERS
ATTEST: Pda,41, WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED - DATE OF SIGNING (AYE)
Geo ge Kennedy, Chairman
By: 74.-c,ep-{/74( .(.f,/ ��Yl% �P <aU�Deputy Crk the Board Constance L. Harbert, Pro-Tem
APPROVED AS TO RM:
C. W. i /
mil////&
Assistant County Attorney Gor . La y
W. . Webster
920723
BOE DECISION SHEET
PIN lt: R 0024988 PARCEL 0: 146724000077
CHAVEZ BENNY & ELEANOR
BOX 165
DACONO, CO 80514
HEARING DATE: July 30, 1992 TIME: 4:00 P.M.
HEARING ATTENDED? 01) NAME: -R , ., - � cil/C.%d`-2-c e�
AGENT NAME:
APPRAISER NAME:
DECISION:
DECREASE IN VALUATION
INCREASE IN VALUATION
NO CHANGE IN VALUATION
ASSESSMENT RATIO
ACTUAL VALUATION
ORIGINAL ADJUSTED
Land $ 15330
Improvements OR
Personal Property 2483 1 2
Total Actual Value $ 17813 $
COMMENTS:MOTION BY �c5 pp TO I_ ) -L£— 22" (
SECONDED BY Kirby -- N)
Lacy -- N)
Failed to meet burden of proof Webster T�i'/N)
Comparables inadequate Harbert -- }CAN)
t„ Other:
Kennedy -- 0,N)
Y/
RESOLUTION NO. 920723
/ ')S:, iCl,li 11tICi
GREELEY,COLORADO 80631
1 N O T I' OF DENIAL _ PHONE(303)356-4000, EXT.4256
24940-A PT NW4 24 1. 68 bESC• yAS-` $£ING W250.s OF
Wine
h^ •
N8751 THEREOF( 'WCA' '11% :�C"`� I` ,
COLORADO
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OWNER CHAVEZ DENNY & ELEANOR
CHAVEZ DENNY C ELEANOR PARCEL 146724000077
PIN R 00249810
E3OX 1+65 YEAR 1992
UACONO CA 80514 LOG 00225
05/22/1992
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):
.ILL OTHER PROPERTY, INCLUDING VACANT LAND, IS VALUED BY CONSIDERING THE CE,ST ;
'MARKET, AN() 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:
IF YOUR "gOPERTY II i ING USED FOR THE `"PRIMARY^ PURPOSE OF FARMING OR
itANCHING, AS DEFINED UY COLORADO STATUTES. PLEASE RETURN TO OUR
OFFICE A COPY OF THE FEDERAL INCOME TAX . FORM ;.1040•:WITH A SCHEDULE F
THAT Y(1u FILED WITH THE IRS THE PREVIOUS 2 ; YEARS. THIS MUST DE
RECEIVE", 3EFORE JUNE 15, 1992. UPON RECEIPT OF THIS INFORMATION; YOUR
PROPERTY ,JILL DE RrVIEWED AGAIN.
• )r:
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE,,,
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LAND 536 ]15330
I('IPS 2, 483 2;483
TOTALS $ $ 3,019$ 171 813
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 05/26/92
•
WELD COUNTY ASSESSOR DATE15-o • ' ~" 2
Form PPR-07-57/92 ADDITIONAL INFORMATION ON REVERSE SIDE 920723
OFFICE OF WELD COUNTY ASSESSOR
4 PHONE(303)356-1500, S. 4256
915 10TH STREET GREELEY, COLORADO 80631
WI C.
Q �
COLORADO
JUNE 17, 1992
BEN NY & E FANOi. CHAVEZ
BOX 165
DACONO, CO. 80514
DEAR rR c 1tRS CHAVEZ,
UPON OUR INITIAL REVIEW OF YOUR PROTEST, WE REQUESTED ADDITIONAL INFORMATION FROM
YOU ABOUT YOUR PROPERTY.
THANK YOU FOR PROVIDING THAT INFORMATION.
AFTER REVIEWING THAT INFORMATION AND YOUR PROPERTY, WE FIND IT STILL DOES NOT
QUALIFY AS AGRICULTURAL USE.
COLORADO LAW ALLOWS AGRICULTURAL VALUATION ONLY FOR LAND BEING USED FOR THE
"PRIMARY" PURPOSE OF OBTAINING A MONETARY PROFIT FROM FARMING OR RANCHING.
IF YOU DISAGREE WITH THIS REVIEW, YOU MAY FILE YOUR ORIGINAL NOTICE OF DENIAL
WITH THE WELD COUNTY BOARD OF EQUALIZATION AS INSTRUCTED ON THE BACK OF THAT
NOTICE.
IF YOU HAVE ANY FURTHER QUESTIONS , PLEASE FEEL FREE TO CONTACT OUR OFFICE.
SINCERELY,
PHYLLIS A. NEWBY
WELD COUNTY LAND APPRAISER
pan 'ay y iJ1Z
.. ice CELL _ CLc: i_.., 2(1,
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CLERK TO THE BOARD
1 P.O. BOX 758
GREELEY,COLORADO 80832
C. (303)358.1000 EXT.4225
COLORADO
July 21, 1992
Parcel No. : 146724000077 PIN No. : R 0024988
CHAVEZ BENNY & ELEANOR
BOX 165
DACONO, CO 80514
Dear Petitioner(s) :
The Weld County Board of Equalization has set a date of Monday, July 30,
1992, at or about the hour of 4:00 P.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, 1992, and mailed to you on or before
August 16, 1992.
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.
920723
CHAVEZ BENNY & ELEANOR - R 0024988
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,
BO RD OF EQUALIIZZAA ION
N a.ADonald D. Warden,
Clerk to the Board
BY: /42,„,<, .`)/ za c
Carol A. Harding, Deputy
cc: Warren Lasell, Assessor
920723
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CLERK TO THE BOARD
F.O. Box 758
Wil
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GREELEY,COLORADO 80632
C. (303)356 000 EXT.4225
COLORADO
July 23, 1992
Parcel No. : 146724000077 PIN No. : R 0024988
CHAVEZ BENNY & ELEANOR
BOX 165
DACONO, CO 80514
Dear Petitioner(s) :
The Board of Equalization notification of hearing mailed to you earlier
this week incorrectly listed your hearing as Monday, July 30, 1992. This
is to notify you that the hearing is scheduled for Thursday, July 30, 1992
at the time stated on your first notice. We regret any inconvenience this
may have caused you.
Very truly yours,
BOA D OF EQUALIZAT ON
fiii 10
Orit /,/.-1/ 67.413-c117 l)
Donald D. Warden,
Clerk to the Board /
BY: crer'z 1c
Carol A. Harding, Deputy
cc: Warren Lasell, Assessor
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