HomeMy WebLinkAbout901403.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1990, WELD COUNTY, COLORADO
PETITION OF: WINTER, JAMES E. , DBA WINTER ENTERPRISES
2414 N WOODLAWN SUITE 201
WICHITA, KS 67278 - 9950
DESCRIPTION OF PROPERTY: PIN: R 1426586 PARCEL: 080717302001
- WIN WMB 2-1 LOT 1 BLK 2 WINDSOR MANOR BUSINESS PARK
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 Dougherty
& Scavo, who submitted a letter regarding said petition, 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.
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:
901403
Page 2
RE: BOE - WINTER, JAMES E. , DBA WINTER ENTERPRISES
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 OBOE are entitled to participate.
The hearings are informal. The arbitrator has the authority
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RE: BOE - WINTER, JAMES E. , DBA WINTER ENTERPRISES
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 22nd
day of Au ust, A. D. , 990.
ATTEST: / �ABOARD OF COUNTY COMMISSIONERS
/V WEL UNTY COLORADO
Weld County Clerk to the Board al g
/-- j I ene R. Brantne�Chairman
BY:
_ �puty Clerk to�he Board
George Kennedy, Pro-Tem
APPROVED TO FORM: (EXCUSED)
Constance L. Harbert
o /97,1) y
County Attorney C. W. Kirby
(EXCUSED)
Gordon E. Lacy
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