HomeMy WebLinkAbout991919.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1999, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
WESTERN SUGAR CO
C/O A E STALEY MFG CO ATTN:LINDA MARTIN
2200 E ELDORADO ST
DECATUR, IL 62525
DESCRIPTION OF PROPERTY: ACCOUNT #: R3331086 PARCEL#: 096109200002 -
GR 12332 L2 TO L7 SW4NW4 9 5 65 GREELEY FACTORY (WESTERN SUGAR CC)ANNEX)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, convened
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 1999, 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 1999, 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 Jack Fulton, 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 Weld County Board of Equalization, that the evidence presented at
the hearing clearly supported the value placed upon the Petitioner's property, after review 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. The assessment and valuation of the Weld County Assessor shall be,
and hereby is, affirmed as follows:
ACTUAL VALUE
AS DETERMINED
BY ASSESSOR
Land $ 326,700
Improvements OR
Personal Property 0
TOTAL. ACTUAL VALUE $ 326,700
991919
AC Fe'1- AS0043
cd •'
RE: BOE - WESTERN SUGAR CO
Page 2
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; however, said
appeal must be filed within 30 days of the denial:
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 IBAA
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 De mailed or delivered within thirty (30) days of denial by the
CBOE 10:
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 q Jalified 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 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.
991919
AS0043
RE: BOE - WESTERN SUGAR CO
Page 3
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 arid foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of August, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
nUNT,// RAD
ATTEST: ^^ L/
Dale K. Hall, Chair
Weld Cool the
" '�� EXCUSED
Barbara J. Kirkmeyer, Pro-Tern
BY:
Deput �r It" rd J �
.Yueorger E Baxter
APPROVED AS TO FORM:
�
G ile As•i.tant ntyAttorne // A 4
Glenn Vag' •
991919
AS0043
NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR
rice 1400 NORTH 17th AVE.
GR 12332 L2 TO L7 SW4NW4 9 5 65 GREELEY,CO 80631
GREELEY FACTORY (WESTERN SUGAR CO PHONE(970)353-3845,EXT.36500
ANNEX)
Wine
COLORADO OWNER: WESTERN SUGAR CO
WESTERN SUGAR CO LOG 1111/1111
C/O A E STALEY MFG CO ATTN:LINDA MARTIN PARCEL 096109200002
2200 E ELDORADO ST ACCOUNT R3331086
DECATUR, IL 62525 YEAR 1999
06/10/1999
The appraised value of property is basec 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):
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 determined the
valuation(s)assigned to your property. The reasons for this determination of value are:
A REVIEW OF THE MARKET VALUE OF LAND IN YOUR NEIGHBORHOOD INDICATES YOUR LAND
VALUATION IS CORRECT.
this parcel has good vivibility and access to hwy 85
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE
OF VALUE ACTUAL VALUE ACTUAL VALUE
PRIOR TO REVIEW AFTER REVIEW
LAND 326700 326700
IMPS 0 0
TOTALS $ $ 326700 $ 326700
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.
06/10/1999
By: Stanley L Sessions
WELD COUNTY ASSESSOR DATE
15-DPT-AR
Form PR-207-87/99 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 5 for real
property (land and buildings) 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, you must appeal to the County Board of Equalization. To preserve
your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 15 FOR
REAL PROPERTY, AND JULY 20 FOR PERSONAL PROPERTY.
WELD COUNTY BOARD OF EQUALIZATION
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Telephone (970)356-4000 Ext. 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 DETERMINATION:
The County Board of Equalisation must make a decision on your appeal and mail you a determination within five
business days of that decision. The County Board must conclude their hearings by August 5.
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 written decision with 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 (970) 356-4000, Ext. 4520
Arbitration:
WELD COUNTY BOARD OF EQUALIZATION
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Telephone (970) 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 10.
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. IN ACCORDANCE WITH 39-
8-106, C.R.S., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR
AMOUNT. Attach additional documents as necessary.(> Fs r r-' c5.,j n.4 re 9'u Esr I r3Af .Mc
ASSEssiEn u a)v.,.- of 4 33..2.f.,7w 4ie_. t r>.tc:Co /r<-3, 350- Tait ry5Y ss6 sC.
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JIUNA I URE(}F—gin IU �r ,,\A DA 1 E
H�"`y A -Caf,on At
JACK A. FULT'ON
9821 Xavier Ct.
Westminster, Colorado 80031
Tele. 303-466-5063
Fax 303-466-2727
Cell Phone 303-667-7482
jafulton@uswest.net
July 15, 1999
Weld County Board of Equalization
915 10th Street, PO Box 758
Greeley, Colorado 80632
Members of the Board:
Attached for your review and consideration is a Petition on behalf of The Western Sugar
Company covering Parcel 096109200002, a 30 acre parcel located in Greeley, Colorado.
Also enclosed is a letter from Ms. Linda Martin, Tax Manager for Tate & Lyle North
America, the parent company of The Western Sugar Company, authorizing me to act as
Western Sugar's agent on this matter.
Please send notification on the time and place of the hearing to my attention at the above
address.
Thank you for your consideration.
Sincerely,
' LC j -atinkj
Jack A. Fulton
41/ .3
JACK A. FULTON
9821 Xavier Ct.
Westminster, Colorado 80031
Tele. 303-466-5063
Fax 303-466-2727
Cell Phone 303-667-7482
jafulton@uswest.net
July 28, 1999
Mr. Donald D. Warden
Clerk to the Board
Weld County Board of Equalization
915 10th Street
PO Box 758
Greeley, Colorado 80632
Dear Mr. Warden:
As instructed in your letter of July 20, 1999, attached is a letter from Ms. Linda Martin,
Tax Manager, Tate& Lyle North America, Western Sugar's Parent Company, authorizing
me to act as Agent for Western Sugar at the upcoming August 3, hearing.
Sin erety,
Jack A. Fulton
JUL-15-1999 THU 113: I Ft
, NORTH
AMEpICIC A,
INC.
T2J0E.EIFALtsnC; nF,E'
CECICUF,III INUI5 Z?21
Pi ieNE'.2'7dc3 411 I
July 15, 1999
To Whom It May Concern
Jack Fulton has full authorization to act as agent for Western Sugar Company in the
property tax appeals process of the Western Sugar Company facility in Weld County,
Colorado.
Questions can be addressed to the undersigned at the above address or by calling
217/421-2279
Sincerely,
zc- Y'',�t ✓ .
Linda Martin
Tax Manager
TATE 0 LYLE
Stanley F. Sessions
WELD COUNTY ASSESSOR
CHRISTOPHER WOODRUFF, DEPUTY ASSESSOR
APPRAISAL REPORT
OF
COMMERCIAL PROPERTY
FOR
County Board of Equalization
WESTERN SUGAR CO
PETITIONER
vs.
WELD COUNTY ASSESSOR'S OFFICE
RESPONDENT
Parcel Number: 0961-09-2-00-002
Schedule Number: R3331086
Log Number: 1111
Date: 08/03/99
Time: 1:30 PM
Board: CBOE
PREPARED BY
APPRAISERS NAME
°OS) 97
Signs Date
Signature Date
ASSESSOR'S OFFICE STAFF APPRAISER
CBOE_COMM_0 10996
Page 1
SALIENT FACTS AND CONCLUSIONS
Purpose of Appraisal To determine Market Value as of 1/1/99 based on an
appraisal date of 6/30/98.
Property Rights Appraised Unencumbered fee simple interest.
Location 1302 1st , Ave (south lot)
Greeley, Co, 80631
Land Area 1,306,800 Square Feet (30 acres)
Zoning Industrial
Property Type Industrial Land
Year Built
Year Remodeled
Quality
Class
Number of Stories
Improvement Sq. Ft.
Basement Unfinished Sq. Ft.
Basement Finished Sq. Ft.
Mezzanine:
Value Indications:
Land $326,700
Cost Approach 0
Market Approach $326,700
Income Approach 0
Reconciled 0
Final Value $326,700
CBOE_COMM_010998
2 Page 2
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LAND SALES SUMMARY SHEET
Sale Date of Contrib. Sales Area Price/
No. ' Grantor/ Grantee Sale Price In SF SF Zoning
Land
Subject WESTERN SUGAR CO Assessors
1302 1st Ave (south -- Value 1,306, 800 $0 .25 IND.
lot) $326, 700 30 acres LAND
Greeley, CO
1 Jim Ellis/Monfort
Inc 10/19/95 $350, 000 677, 004 $0 . 52 IND.
---801 N 8th Ave 15 . 54 ac LAND
Greeley, CO .
2 Temple Hoyne Buell/
Thomas E. Moser 03/14/97 $504, 000 963 , 162 $0 .52 IND.
— 715 31st Street 22 .11 ac LAND
Evans, CO
3 Weld County/Startek
--- 1250 H Street 12/11/97 $261, 360 348, 349 $0 . 75 PUD
Greeley, CO 8 . 0 ac
4 Phelps-Tointon Inc/
Larry SheFard 11/05/97 $459, 800 279, 655 $1 . 64 IND.
- 1111. 40th Street 6 .42 ac LAND
Evans, CO
5 Moro Farms Inc ./
Norfolk Iron & Metal 07/24/98 $835, 000 2, 179,307 $0 .38 IND.
31251 cr 39.5 50 . 03 ac LAND
GREELEY, CO
6 Meyer Feedlot/ City
of Greeley 08/03/98 $650, 000 3, 022, 554 $0 .22 IND
550 E 8th Street 69.39 ac LAND
Greeley, CO
7 Thermo Greeley Inc . 05/12/97 $267, 500 1, 165,230 $0.23 IND
/ Colo Greenhouse VC 75Ac_ LAND
6811 CR 21
FT. LUPTCN, Co
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LAND VALUATION ANALYSIS
Snhjert Site
Subject is a 1 , 306, 800 square foot rectangular, level, industrial
zoned, interior lot with good accessibility and visibility from Hwy 85
Comp 1 Is a smaller lot north of the subject . This Comp has good
visibility and accessibility from Hwy 85, similar to the subject property.
Monfort corp purchase this lot to use as a parking lot . This sale would need
an slight downward adjustment due to size.
Comp 2. A smaller corner lot to the south of the subject on Hwy 85 in
Evans, with good accessibility and visibility from Hwy 85, similar to the
subject property. The new Stampede Truck Stop will be built in the near
future on this lot . This sale would need a slight downward adjustment due
to size .
Comp 1 A lot in the Weld County Industrail Park one block to the west of
of Hwy 85 . The access and visibility from Hwy 85 is slightly inferior to the
subject property. This sale would need downward adjustment due to its
smaller size as compared to the subject property.
Comp 4 A smaller corner lot south of the subject on Hwy 85 in Evans .
This parcel now contains the Leisure Land Arcade Facilities . The access and
visibility to Hwy 85 is considered slightly superior to the subject . This
comp sale would need an downward adjustment due to size and location.
Comp 5 A larger lot in north industrial Greeley. This sale is slighty
out of the base year but is used as an indicator of what we might expect if
size adjustments were made to the comparables . The location of comparable
number 5 is inferior to the subject . This comparable would need an upward
adjustment due to its larger size and inferior location.
Comp 6 A larger lot to the east of the subject property on 8th street .
This parcel was the old Meyer Feed Lot purchased by the City of Greeley.
This comparable would need a upward ajustment due to it' s larger size and
inferior location.
Comp 7 A comparable industrial sized lot east of Ft . Lupton. The access
and visibility from Hwy 85 is inferior to the subject as well as the
location in Ft . Lupton.
As a result of the study a value of $0 .25 per square foot is adopted
as being applicable to the subject land area or $326 , 700 .
6
CONCLUSION
Real property for tax year 1999 must be valued utilizing the level of value for the period of one and
one-half years immediately prior to July 1,1998. Except that, if comparable valuation data is not
available from such one-and one-half-year period to adequately determine the level of value of a class
of property. The period of five years immediately prior to July 1, 1998 shall be utilized to determine
the level of value. Said level of value shall be adjusted to the final day of the data gathering period.
Changes occurring between base years are not to be accounted for until the following level of value is
implemented, other than additions, change in use, detrimental acts of nature, damage due to fire, etc.,
or creation of a condominium, or any new regulations restricting or increasing the use of the land, or a
combination thereof. {39-1-104(11)(b)(1) C. R .S.}
The subject property has been classified as Commercial Property for assessment purposes.
Commercial property value shall be determined by appropriate consideration of the Cost Approach,
Market Approach, and Income Approach to value. {39-1-103(5)(a) C. R. S.} The Assessor has considered
all three approaches to value for the subject parcel on appeal.
FINAL RECONCILIATION
After consideration of the cost, market and income approaches, it is the Weld County Assessor's
opinion that the value of $326,700, most accurately reflects the value of the subject property in Weld
County for the 1999 tax year.
COST APPROACH MARKET APPROACH INCOME APPROACH RECONCILE
0 $326,700 0 0
FINAL INDICATED VALUE
$326,700
CBOE_COMM_010998
7
WELD COUNTY BOARD OF EQUALIZATION
GREELEY, COLORADO
AUGUST 3, 1999
Members of the Board:
My name is Jack A. Fulton. I am the former Director of Government Relations for the
Western Sugar Company. As of April 30, 1998, I retired from Western Sugar after thirty
six years in the sugar industry with both Western Sugar and the former Great Western
Sugar Company. Since that time I have been on retainer with Western Sugar for various
services.
From 1982 through April of 1998, property taxes for the Colorado factories were under
my direct supervision. Throughout those sixteen years, I doubt that we filed more than a
half dozen protest on property valuations. I am here today on behalf of Western Sugar to
appeal the values assigned on parcel 096109200002, located in Greeley, Colorado.
I would like to point out that while practically all the land values of Western were
increased, this is the only parcel on which Western has filed an appeal to the County
Board. Western is requesting a reduction from$326,700 to $163,350. This would still be
an increase of$[3,350 over the 1998 values.
The parcel in question covers the main factory site as well as a large portion of the factory
piling ground. For the 1998 tax year the land was valued at $5,000 per acre. This was
changed to $10,840 per acre for the 1999 tax year, an increase of 118%. While I have no
doubt that the Assessor's office can provide sales data on land indicating sales in the area
of twenty-five cents per square foot, market should not be the only factor in determining
the value of industrial land. Other factors should be taken into consideration as well.
Western Sugar's fortunes are tied directly to that of the agricultural community. If the
farmers in the area are doing well, Western Sugar will generally do well. Increases in
Western's land values should follow with increases or decreases shown in the agricultural
sector.
Another factor that should receive consideration is value in use. Due to the nature of the
beet sugar industry, large areas of land are required for the storage of sugar beets during
the harvest and processing period. While the land is fully utilized from mid September
through January, for the majority of the year, seven months, the land sits idle.Most buyers
of industrial land would not make the investment for a property on a seasonal or part time
usage basis.
EXH//IISIT
Weld County Board of Equalization
Page 2
There have been great many changes to the Greeley sugar plant since it's first campaign
began on October 9, 1902. The company ran a 94 day campaign that year and averaged
404 tons day slice. Since Western's purchase of the plant in 1986 the plant has changed
even more. However, slicing capacity, sugar production and days operated have changed
little in the past three years.
We ask that you grant our request for a reduction in value on this parcel. I thank you for
your time and consideration and would be happy to answer any question you may hive.
Hello