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Home My WebLink About951530.tiffRESOLUTION RE: THE BOARD OF EQUALIZATION, 1995, WELD COUNTY, COLORADO PETITION OF: WAGNER GREGORY W 326 JACKSON ST P O BOX 553 FIRESTONE, CO 80520 DESCRIPTION OF PROPERTY: PIN: R 5467886 PARCEL: 131130211002 - FIR 20473 LOTS 10-11-12 BLK7 %326 JACKSON ST% 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 1995, 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 1995, 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. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed as follows: 951530 AS0032 PC: PS) L,Uars-? RE: BOE - WAGNER GREGORY W Page 2 ORIGINAL Land $ 14,250 Improvements OR Personal Property 41.776 TOTAL ACTUAL VALUE $ 56.026 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 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) 951530 AS0032 RE: BOE - WAGNER GREGORY W Page 3 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 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 31st day of July, A.D., 1995. ATTES „a .4 Weld County Clerk to the Board BY' lJ rciy� epul ty Cie APPROVED AS'TOIFORM: rd BOARD OF COUNTY COMMISSIONERS WaQOUNTY, COL DO Dale K. Hall, Chairman bara�l. Kirkmeye7 -Tem George Baxter Constance L. Harbert W. . Ii\t/ebster 951530 AS0032 PEA. P //ys-- /467 BOE DECISION SHEET PIN #: R 5467886 PARCEL #: 131130211002 WAGNER GREGORY W 326 JACKSON ST P 0 BOX 553 FIRESTONE, CO 80520 HEARING DATE: July 31, 1995 TIME: 1:45 P.M. HEARING ATTENDED? er\l) NAME AGENT NAME: APPRAISER NAME• DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL SET BY BOARD Land $ 14,250 $ /1% !aye Improvements OR Personal Property 41,776 Total Actual Value $ 56,026 COMMENTS: MOTION BY (1 44 TO SECONDED BY C, /? Failed to prove appropriate value No comparables given Other: '7'7(1 P $ S �l �� r' RESOLUTION NO._ Baxter -- ,j'i N) Hall -- ) Harbert -- IN) Kirkmeyer ) Webster - )N) 951530 WE�Yc COLORADO July 18, 1995 WAGNER GREGORY W 326 JACKSON ST P O BOX 553 FIRESTONE, CO 80520 Dear Petitioner(s): CLERK TO THE BOARD PHONE (303) 356-4000 EXT.4218 FAX: (303) 352-0242 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 Parcel No.: 131130211002 PIN No.: R 5467886 The Weld County Board of Equalization has set a date of Monday, July 31, 1995, at or about the hour of 1:45 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, 1995, and mailed to you on or before August 16, 1995. 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. 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. WAGNER GREGORY W - R 5467886 Page 2 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, BOARD OF EQUALIZATION Donald D. Warden, Clerk to the Board BY: �� arol A. Harding, Deputy cc: Warren Lasell, Assessor O �L• h, COLORADO GJRY �l 32 3 J. -1 C-,:SJN 3T 3'3X 'i53 #= 11 S T ;' 1= NOTICE OF DENIAL 14(X) NORTH 17th AV E. GREELEY, COLORADO 80631 PHONE (970) 353-3845, EXT. 3656 FIR 20473 LOTS 10-11-12 BLK7 %326 JACKSON S1% 326 JACKSON AV FIRES T'3 OWNER WAGNER GREGORY W CO 80520 05/24/1995 PARCEL 131133211302 PIN R 546734,6 YEAR LOG 1993 02736 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): `=_i,i:3TfNTI.aL PROPERTY IS VALUED BY CONSIDERING THE MARKET APPROACH. ,a(;°'ICULTU'21L LAND VALUE IS DETERMINED SOLELY BY THE EARNING OR PRODUCTIVE 1.2A:::31CITY OF THE LAND. CAPITALIZED AT A RATE SET B -Y LAW. ]TML-2 'ROP�7TY. INCLUDING VACANT LAND. IS VALUED BY CONSIDERING THE COST. AND INCOME APPRCACHES. 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: YaJ? P '3PE?TY HAS BEEN UNIFORMLY VALUED FOLLOWING COLORADO LA'.1 AND 1rd3TRUCTIO'IS PUBLISHED BY THE STATE DIVISION CF PROPERTY TAXATION. Y••UR P-2 :TEST OF VALUE HAS BEEN DENIED DUE TO COMPARISON OF OTHER 3I,•IILA:- PROPERT IES WHICH SOLD DURING THE 1993/1994 TIME PERIOD. THIS CO'4DAP [SON SHOOS YOUR ACTUAL PROPERTY VALUE TO BE CORRECT FOR THAT D. O1 UCHAN-VAN - FIRES TONE 1,31 JACKSON - FIRESTONE 303 2 ST - FREDERICK 243 7 ST - FREDERICK Coc, 56 `.6/q F4- SZ,qu.D Joh-03 r✓f /WO 'Tad 5=1-•1- i'I5xioC PROPERTY CLASSIFICATION PETITIONER'S ESTIMATE OF VALUE ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW LAND IMPS 141250 41.775 14.250 41,775 TOTALS $ j' ii.4r $ 56.026$ 515 .026 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 WELD COUNTY ASSESSOR 15 -OPT -AR Form PR -207.87/94 05/30/95 ADDITIONAL INFORMATION ON REVERSE SIDE DATE 190` 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 39-8-1 07(2), C.R.S. APPEAL PROCEDURES: If you choose to appeal the Assessor's decision, you must appeal to the County Board of Equalization. Te preserve your right to appeal, your appeal must be POSTIVIA.RKEb 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 .ion the I.iearing of your appeal. COUNTY BOARD OF EQUALIZATION'S DETERIVW:TIO : The County Board of Equalization must make a decision on your appeal and mail you a determination ti •:ire five 'Justness days. The County Board must conclude their nearir,oa by August 5. TAXPAYER RIGHTS FOR FURTHER APPEALS: _: if you are not satisfied with the County Board of EqLalizatiQn's decision, you must fiie within thirty days of the County Board of Equalization's written decision wit)e ONE of'the-fotlowindr Board of Assessment Appeals (BAA): Contact the BAA at 1313 Sherman, Room 315. Denver, Colorado 80203. i303► 866-5c:80. 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 80(::7;2 Telephone (970) ::.:56-400C). Ext. 4225 If you do not receive a determination trom the Courtly Board of Equalization. you must file an appeal with the Board of Assessment Appeals by September 18. TO PRESERVE YOUR APPEAL RIGHTS. YOU ASric•ST F., F4 VE YOU HAVE FILED A _.1i14E, Y APPEAL: THEREFORE, WE RECOMMEND ALL c: ORES' .'} ...t.:E BE MAILED Wl i PfRO F ^.= PETITION TO THE i:Otilv':OF EQUALiLATiON In the space below, please exploit-, why fir," disag i _ Asses c r•s valuation. IN ..CC u PC.At'i 'E l�.•;TH 39-8-10611.5) C.R.S. YOU t,'JST `. OUR r, .... ': SAL L E • E ' S AMOUNT. Attach additional cocun-,,.ht c �J �w � , I t% e.7. U D 5jee ./--1,-446.,:21, 7 PctyS, 7-i'c Fc SIGNATURE OF PETITIONER Di, "IF Paid 7 7 -/S-qS / o }O/J (ChM" goO1,ei /FyGn4/7Z 41?- n )?F; 4pgel/ v7 45sessovi deci5ion e -J ✓e/ug1idh 5cX eiv/e #131/302 //02, p --f �Tl ( Prdpe/'Ti, U erw i Se M//y p rO p er ]>' 501- my %r?3//9q'9 Time Address Z 3 woosker )7/ Toe- soi, FZL 3,4 X.7. -ten . 5 3 Z� 1ThUx5oh yve, i-4 vngy COhtern: ar%91ned otpiyi%oh gyres Lised m5 F 574, Aft, Td 4e vy/ve y cvi ronl pe,r 25ovts 40 Aayses n,midNlt Oe,7 drtid�d d:,r;29 poriocl. 5 Pe Set/,1 Pr;ce 40,yoo 7 2, _coo 73, K74 "IA?. 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'u atiagner ninelument ve„ impacts property values Residential property values in Weld County have risen 20 to 60 percent from what they were in 1993. The question I'm most often asked is: Will my property taxes go up? The answer usually is: It depends on the Gallagher Amendment and what happens to your mill levy. To explain this better, I'll outline briefly how property taxes are determined and col- lected. Our job in the assessor's office is only to value property. We conduct reappraisals of county property hi odd -numbered years and are audited by an independent auditor hired by the Colorado General Assembly. The auditor's job is to make sure we value prop- erty accurately; if not, the county may incur large financial penalties. For residential prop-. erty the Colorado Constitution requires us to use the market approach to value, that is, we use the sales of comparable properties to determine the value of residences. • After determining actual value, we deter- mine assessed value by multiplying that actu- al value, by a percentage. Assessed value is a percentage or ratio of the -actual value. The ratio for all -classes of property except resi- dential was fixed when the Gallagher Amendment passed in 1982 (most at 29 percent of actual value). The residential assessment ratio is not fixed but is set every other year in odd -numbered years by the General Assembly. It is st every two years tm ensure that residential assessed value in Co orado,:as a percentage of the total assessed value of all properties in Colorado, is no more than 45 percent. When the actual value of res- idential property increases in relation to the actual value of other classes of property, the residential assessment ratio must decrease to keep residential assessed value from exceed- ing 45 percent. In 1982, the assessment ratio for residen- tial property was 21 percent, meaning that 21 percent of the actual value of a house was used to determine property taxes. This year that, ratio mill be approximately 10.5 percent of the actual value. Assessed value is used to distribute prop- erty taxes in the way specified by the Col- orado Constitution. For example, the assessment ratio for commercial property is 29 percent of actual value. The new residen- tial assessment ratio will likely be 10.5 per- centof actual value. This means that, given a commercial prop- erty and a residential property with the same actual value, the commercial property has an assessed value approximately three times that of the residential property. It follows that property 'taxes would also be approximately three times greater for the commercial prop erty. Lowering the assessment ratio for residen- WARREN LASELL lial property has had two conse- quences. First, it has shifted the burden of proper- ty taxes front res- idential property to other classes of property. Sec- ond, for resi- .dences, it offsets an increase in actual property value. This year, for example, an owner whose res- idence increases in actual value by 22.5 percent and whose mill levy does not change, will very likely pay the same amount of property taxes as last year. Once assessed values are determined;tax- ing districts (schools, towns, etc.) set mill levies. Assessed value multiplied by the mill levy for a property equals the amount of prop- erty taxes which the treasurer's office col- lects. Hopefully, this brief discussion has shown there are three variable which affect the amount of residential property taxes collect- ed: I) the value.of property, 2) the amount of the mill levy and 3) the assessment ratio. We used approximately 3,000 sales to determine residential value this -year. Those sales indicated that residential values in Weld County, onaverage, have increased approxi- mately 35 percent. Because the decrease in the residential assessment ratio will offset an increase in actual value of approximately 22.5 percent, the average residential owner (whose value increased by 35 percent) will experi- ence an increase in property taxes if his/her mill levy remains constant. That increase, Ihvweyer, will be considerably less than the average me actual value. It now appears also tore -will be an increase in the total assessed value in' wed County. If so, this may force down mill levies in some districts because of provisions in Amendment One passed in 1992. Lower mill levies also influence the amount of property taxes paid by a property owner. Several conclusions seem warranted. I. Actual property values in Weld County have increased by large amounts. 2. The decrease in the residential assess- ment ratio if set at 10.5 percent, for property tax purposes, will offset an increase in actual value of 22.5 percent. -3. Some mill levies in the county may decrease this year. . 4. Whether or not property taxes on an individual residence increase will depend upon three variables: the amount of the increase in actual value, the decrease in the assessment ratio and.the amount of change in the mill levy. 5. The property taxes of many residential properties will increase, however, much less than the increase in actual value. Watrcn Lascll is the assessor in Weld County, 5a to'? oil t2C37'f7 /eg5e vole i a;15°4)1! Sales Comparables Q00 LI c0 701 610 c c .E E y CO Ct 00 9 9 O.2 crj 3 O I 8 9i 81 9� I vg u 433 N2 71) r T rn rtn 48 �ATL I I 7,2 Xe 8 et to z 8 0 U X I — di ( .9 2 ag r J g Yi n d rr l U I Hello