HomeMy WebLinkAbout910794.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO
PETITION OF:
PAYLESS CASHWAYS INC
ATTEN: TAX DEPARTMENT
P 0 BOX 419466
KANSAS CITY, MO 64141 - 0466
DESCRIPTION OF PROPERTY: PIN: R 0107788 PARCEL: 095924100065 - GR 17621-D
PT W2NE4 24 5 66 (GALLERY GREEN 4TH ANNEX)BEG AT THE NE COR OF GALLERY GREEN 4TH
ANNEX N88D36'W 350.12' S124.41' S88D36'E 350.12' N124.41' TO BEG GR 17621-B PT
W2NE4 24 5 66 (GALLERY GREEN 4TH
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 represented by Patrick C. McMahon, 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.
910794
Page 2
RE: BOE - PAYLESS CASHWAYS INC
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
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.
910794
Page 3
RE: BOE - PAYLESS CASHWAYS INC
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 2nd day of August, A.D. , 1991.
Mad? BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUN Y, OLO ADO
Weld County Clerk to the Board
Gor a , airman
By: i 1�� 440-4-'-'
Deputy Clerk to 9g_Boald George Kenna y, Pro-Tem
APPROVED AS TO FORM: Q�i�'y— ��
ons"t®an�cye�L. Harbert
e ssistant County Attorney C. W. Ki{rby
EXCUSED
W. H. Webster
910794
BOE DECISION SHEET
PIN #: R 0107788 PARCEL #: 095924100065
PAYLESS CASHWAYS INC
ATTEN: TAX DEPARTMENT
P 0 BOX 419466
KANSAS CITY, MO 64141 - 0466
Athi 2— lo: ?o
HEARING DATE: T..; '°9 TIME: Yied- A.M.
A
HEARING ATTENDED? (Y/N) NAME: �q_+1„. C�L (� IA-
AGENT NAME: PATRICK C MCMAHON C ^W ��V✓��
DECISION:
DECREASE IN VALUATION
INCREASE IN VALUATION
NO CHANGE IN VALUATION
ASSESSMENT RATIO
ACTUAL VALUATION
ORIGINAL ADJUSTED
Land $ 43558 $
Improvements OR
Personal Property
Total Actual Value $ 43558 $
COMMENTS:
MOTION BY avy7T/5 O J� P�L2�(
SECONDED BY /� a Lacy CEPN)
Kennedy N)
Failed to meet burden of proof Harbert N)
Comparables inadequate Kirby N)
Assessor's data unchallenged '' +CIFgfl)14)fiE_wic LT/N)
Other: n �7
(+ig r o-4._:--6l -6,0-0v.if--C--}
RESOLUTION N0. 910794
\ orru of TY 2Oun 1 A As5LsSo!z
1 915 10th STRLE l
GREELEY,COLORADO 80631
NOTICE OF DENIAL PHONE(30313564000, EXT.4256 GR ink TH
ANNEX IBEGDATT THE NNE COR OF6 GALLERY EGREEN RY £4TH EN 4ANNEX
COLORADO N88D360W 350.121 5124.410 5880369E 350.12'
N124.41• TO BEG
C} .
,53-
OWNER PAYLESS CASHWAYS INC ~:'. ' --
PATRICK C MCMAHON PARCEL 09592410.0065:
PIN R 0.107788
P O BOX 6266
CHERRY CREEK STATION YEAR 1991
c-�
DENVER CO 8O2O6 LOG O3296
O5/29/1991
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:
NO CHANGE HAS BEEN MADE TO THE ACTUAL VALUATION OF THIS PROPERTY.
COLORADO LAW REQUIRES US TO SEND THIS NOTICE OF DENIAL FOR ALL
PROPERTIES ON WHICH WE DO NOT ADJUST THE VALUE.
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LAND 43. 558 43. 558
IMPS
TOTALS $ $ 43. 558 $ 43. 558
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 O6/O3/91.
WELD COUNTY ASSESSOR DATE -64
Form D
PR-207-87/91 ADDITIONAL INFORMATION ON REVERSE SIDE H'iJ°3
YOU HAVE THE RIGHT TO APPEAL THiE ASSESSOR'S DECISION
The County Board,,of Equalization_jwi,i.i,sit to,hear appeals beginning July 1 and continuing through August 10 for
real property, (Ind ar�d buiidings),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'
;. r �. . .. :o >,:,,:J15 10th Street, P.O. Box 758
t 6 t<, Greeley, Colorado 80632
Telephone (303) 356-4000, Ext. 4225
NOTIFICATION OF I-4 ING: r ' v -
You will be notified of the time and piace set for the hearing of your appeal.
COUNTY BOARD OF EQUALIZATION'S`DE'f'LfiM NATION:
The County Board of Equalization must make a decision on your appeal and mail you a determination within five
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
TeleVene (393) 356-49oo, Ex.t. 45120
�_... ... k ., -.. 7'Arbitration:. _ , . :
',t1tELD COtMf'lkY BOA R.11-0P EQL/AtIZATIOH ''' ': : T
915 10th Street, P.U. Box 758
Greeley, Colorado 806:32
Telephone (303) 356-4000, Ext. 4225
if you dry 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
pecessary.
Taxpayer estimate of 1/1/91 actual value is $ 1,250,000.
for parcels 095924100010 & 095924100065
PATRICK G McMAHON
Attorney At Law
P. O. Box 6266
•
- ` Cherry Creek Station
Denver, Coforerio 802.06,2 _ r„,4 /A, i77/
.8„,,sv,rt,RF�✓� 4!"-3) 3e6F-- /1//s- 310 794
tom,
CLERK TO THE BOARD
P.O. BOX 758
' GREELEY,COLORADO 80832
(303)358.4000 EXT.4225
111
C.
COLORADO •
July 18, 1991
Parcel No. : 095924100065 PIN No. : R 0107788
PAYLESS CASHWAYS INC
ATTEN: TAX DEPARTMENT
P 0 BOX 419466
KANSAS CITY, MO 64141 - 0466
Dear Petitioner(s) :
The Weld County Board of Equalization has set a date of Friday, July 26,
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.
9: „,SJ x
PAYLESS CASHWAYS INC - R 0107788
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 LIZA -ION
o
Donald D. Warden,
Clerk to tie S�r(�
BY: /iej
Carol A. Harding, Deput
cc: Warren Lasell, Assessor
PATRICK C MCMAHON,
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