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Home My WebLink About910763.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO PETITION OF: METTLER RICHARD D & LINDA P 0 BOX 493 HUDSON, CO 80642 DESCRIPTION OF PROPERTY: PIN: R 6487086 PARCEL: 147506000021 - 8237-D W2NE4SW4/E2NW4SW4 6 1 64 E30' W2SE4SW4 (6SHT)924245 HWY 52% 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 not 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 910763 Page 2 RE: BOE - METTLER RICHARD D & LINDA 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 910763 Page 3 RE: BOE - METTLER RICHARD D & LINDA 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. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: Lilikilaan WELD COUNT , COLORADO Weld CountyClleeClerk to the Board Gord c2 y airman 7 By. / :4� ((( Deputy Clerk to theABoard Geor a Kenne , Pro-Tem APPROVED AS TO FORM: (6 26-rr��P1��4-7,-,-c Constance L. Harbert As is� County Attorney/64 C. W. Kir y prk 1,021//47 W. H. Webster 910763 BOE DECISION SHEET PIN #: R 6487086 PARCEL #: 147506000021 METTLER RICHARD D & LINDA P 0 BOX 493 HUDSON, CO 80642 HEARING DATE: July 30, 1991 TIME: 11:00 A.M. HEARING ATTENDED? (Ye NAME: /J� �( AGENT NAME: sta DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION J` I ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 35500 $ Improvements OR Personal Property 53130 Total Actual Value $ 88630 $ COMMENTS: Q MOTION BY AR TO SECONDED BY C4) �\ Lacy N) Kennedy N) k Failed to meet burden of proof Harbert N) Comparables inadequate Kirby N) Assessor's data unchallenged Webster N) Other: RESOLUTION N0. 910763 915 10th STREET GREELEY,COLORADO 80631 r °,' l0I0 ICE-i0F DENIAL PHONE(303)356-4000, EXT.4256 CO 8237-D W2NtE�4SW4/E2NW4SW4 6 1 64 E304 W2SE4SW4 . �'. 105 5fT:7�S� ��t5 HWY 52% COLORADO TO -1:i.... `- - . 24245 52 HWY COLORAD OWNER METTLER RICHARD D 6 LINDA METTLER RICHARD D 4 LINDA PARCEL 147'506000021 PIN R 6407086 P 0 BOX 493 YEAR 1991 HUDSON CO 60642 LOG 03772 05/31/1991 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: COLORADO LAW (39-1-132 (1.6) (A)) ALLOWS AGRICULTURAL VALUATION ONLY FOR LAND BEING USED FOR THE PRIMARY PURPOSE OF OBTAINING A MONETARY PROFIT FROM FARMING OR RANCHING. A REVIEW OF YOUR PROPERTY CONFIRMS THAT IT HAS NOT BEEN AGRICULTURAL FOR 10 YEARS CONTINUOUSLY AND THAT WHILE IT MAY HAVE HAD OCCASIONAL AGRICULTURAL USE. THAT IS NOT ITS PRIMARY USE, SUBDIVIDED LAND AND LAND USED PRIMARILY FOR PLEASURE ANIMALS AND RECREATION GENERALLY DOES NOT QUALIFY FOR AGRICULTURAL VALUATION. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW LAND 35.50Q 351500 IMPS 53, 130 53. 130 TOTALS $ $ 88.630 $ 88a 630 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 06/19/91 9 .4763 WELD COUNTY ASSESSOR DATE 69 oromPPR-0 F 7-97/91 ADDITIONAL INFORMATION ON REVERSE SIDE 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, macoinary, 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. . T WELD COUN TY BOARD OF EO.DALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (303) 356-4000, E xt. 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 bETERMINATION: The County Board of Equalization must make a decision on your appeal and mail you a determination within tive 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) 356.4000, Ext)..452() ! , c • • Arbitration:: . . WELD COUNTY ITO,ARD OF EQLALiZATION • 915 10th Street, P.O: Box 758 Greeley, Colorado 84632 , • '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 YOUR APPEAL RIGHTS, 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. • A`7(-1 iUYi.�.l. -r ne. /7,ca oupiaiLa-t,.-d- -w , /x ,0-v%1-0,2.4.P�i- �`a�L,c c� a-6 ,35)SG o. o o C/Yv o-6( cf-o-ue- .J-L_ke et„, . } 910 763 • 4 f‘tIt CLERK TO THE BOARD P.O. BOX 758 li GREELEY,COLORADO 80832 (303)3584000 EXT.4225 WI C. COLORADO July 16, 1991 Parcel No. : 147506000021 PIN No. : R 6487086 METTLER RICHARD D & LINDA P 0 BOX 493 HUDSON, CO 80642 Dear Petitioner(s) : The Weld County Board of Equalization has set a date of Tuesday, July 30, 1991, at or about the hour of 11:00 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. 916763 METTLER RICHARD D & LINDA - R 6487086 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� E ALIZ Donald D. Warden, Clerk to the Board BY: Ckrol A. Harding, Deputy cc: Warren Lasell, Assessor 910 763 Hello