HomeMy WebLinkAbout20192987.tiffAugust 6, 2019
Petitioner:
HALLECK MICHAEL E
5704 COUNTY ROAD 22
LONGMONT, CO 80504-9405
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBS ITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2019-2987 Appeal 2008224876 Hearing 8/5/2019
Dear Petitioner:
On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and
acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of
the Weld County Assessor's valuation of your property described above, for the year 2019.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R7528699 Stipulated - Approved
Stipulated Value
$631,645 $368,640
A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30)
days of the date the denial is mailed to you. You must select only one of the following three (3)
options for appeal:
1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of
Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board
will be the last time you may present testimony or exhibits or other evidence, or call witnesses in
support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to
the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your
hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate
court.
All appeals to the Board of Assessment Appeals filed after August 10, 2019, MUST comply with the
following provisions of C.R.S. §39-8-107(5):
(5)(a)(I) On and after August 10, 2019, in addition to any other requirements under law, any petitioner
appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals
pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall
provide to the County Board of Equalization or to the Board of County Commissioners of the County in the
case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable:
(A) Actual annual rental income for two full years including the base year for the relevant property tax year;
(B) Tenant reimbursements for two full years including the base year for the relevant property tax year;
(C) Itemized expenses for two full years including the base year for the relevant property tax year; and
(D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject
property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for
two full years including the base year for the relevant property tax year.
(II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within
ninety days after the appeal has been filed with the Board of Assessment Appeals.
(b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the
County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an
appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's
request, the following information:
(A) All of the underlying data used by the county in calculating the value of the subject property that is being
appealed, including the capitalization rate for such property; and
(B) The names of any commercially available and copyrighted publications used in calculating the value of
the subject property.
(II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b)
shall redact all confidential information contained therein.
(c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this
subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move
the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for
noncompliance with such order. The motion may be made directly by the County Attorney and shall be
accompanied by a certification that the County Assessor or the County Board of Equalization has in good
faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action
by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c)
and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders
in regard to the noncompliance as are just and reasonable under the circumstances, including an order
dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer
shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest
shall resume as of the date the contested information has been provided by the taxpayer.
Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be
mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to
you.
The address and telephone number of the Board of Assessment Appeals are:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, Colorado 80203
Telephone Number: (303) 864-7710
Email: baa@state.co.us
Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the
first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent
must pay a fee of $101.25 per appeal.
OR
2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the
District Court of the county wherein your property is located: in this case that is Weld County District
Court. A hearing before The District Court will be the last time you may present testimony or exhibits
or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is
further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado
appellate review and C.R.S. §24-4-106(9), govern the process.
OR
3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this
option, the arbitrator's decision is final and you have no further right to appeal your current
valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following:
a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue
arbitration. You and the Board of Equalization will 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 (i.e. Weld) will select the arbitrator.
b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the
date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of
Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator
has the authority to issue subpoenas for witnesses, books, records documents and other
evidence pertaining to the value of the property. The arbitrator also has the authority to
administer oaths, and determine all questions of law and fact presented to him. The
arbitration hearing may be confidential and closed to the public if you and the Board of
Equalization agree. The arbitrator's decision must be delivered personally or by registered
mail within ten (10) days of the arbitration hearing.
c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the
Board of Equalization. In the case of residential real property, the fess may not exceed
$150.00 per case. For cases other than residential real property, the arbitrator's total fees
and expenses are agreed to by you and Board of Equalization, but are paid by the parties as
ordered by the arbitrator.
If you have questions concerning the above information, please call me at (970) 400-4226.
Very truly yours,
BOARD OF EQUALIZATION
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Weld County Assessor
COUNTY BOARD OF EQUALIZATION
WELD COUNTY
Single County Schedule Number R7528699
STIPULATION (As To Tax Year 2019 Actual Value)
RE PETITION OF
NAME: Halleck Michael E
ADDRESS:
5704 County Road 22
Longmont, CO 80504-9405
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2019 valuation of the subject property, and jointly move the
Board of Equalization to enter its order based on this Stipulation.
Petitioner (s) and Assessor agree and stipulate as follows:
1. The property subject to this Stipulation is described as:
7097 Colorado Blvd
L 4 HALLECK SUB
2. The subject property is classified as commercial property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2019 :
Total $631,645
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2019 actual value for the subject property:
Total $368,640
5. The valuation, as established above, shall be binding only with respect to tax
year2019 .
6. Brief narrative as to why the reduction was made:
After a review of all approaches to value an adjustment was indicated
7. Both parties agree that:
VA
The hearing scheduled before the Board of Equalization on 8/2/19
at 9:00 AM be vacated.
A hearing has not yet been scheduled before the Board of Equalization.
1
QO(9cj2'7
A•So io3
DATED this 26th
128. 019r
day of July
Petitioner(s) or Agent or Attorney
Address:
5704 CR 22 Longmont Co 80504
7097 Co Blvd
Frederick Co 80530
Telephone: 3037723056
Docket Number R7528699
Stip-1.Frm
2019
M'etwn
(Assistant) County Attorney for
Respondent. Weld County Board of
Commissioners
Address:
1150 "O" Street
P.O. Box 758
Greeley, CO 80632
Telephone:(970) 336-7235
County Assessor
Address:
1400 N .17th Avenue
Greeley, CO 80631
Telephone: (970) 400-3650
R7528699 / Halleck Michael E
Final Audit Report
2019-07-28
Created: 2019-07-26
By: Wade Melies (wmelies@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAAsixgKO3Y0jQH5gzpD9CVBygx-3BzHXNK
"R7528699 / Halleck Michael E" History
Document created by Wade Melies (wmelies@co.weld.co.us)
2019-07-26 - 7:35:59 PM GMT- IP address: 204.133.39.9
LPL Document emailed to Wade Melies (wmelies@co.weld.co.us) for approval
2019-07-26 - 7:36:01 PM GMT
Document approved by Wade Melies (wmelies@co.weld.co.us)
Approval Date: 2019-07-26 - 7:36:21 PM GMT - Time Source: server- IP address: 204.133.39.9
Document emailed to Wade Melies (wmelies@weldgov.com) for approval
2019-07-26 - 7:36:23 PM GMT
Email viewed by Wade Melies (wmelies@weldgov.com)
2019-07-26 - 7:52:11 PM GMT- IP address: 204.133.39.9
Document approved by Wade Melies (wmelies@weldgov.com)
Approval Date: 2019-07-26 - 7:54:33 PM GMT - Time Source: server- IP address: 204.133.39.9
Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature
2019-07-26 - 7:54:34 PM GMT
Email viewed by Brenda Dones (bdones@co.weld.co.us)
2019-07-26 - 8:19:34 PM GMT- IP address: 204.133.39.9
&Q Document e -signed by Brenda Dones (bdones@co.weld.co.us)
Signature Date: 2019-07-26 - 8:19:48 PM GMT - Time Source: server- IP address: 204.133.39.9
Cry Document emailed to Michael E Halleck (mehalleck@hwimfg.com) for signature
2019-07-26 - 8:19:50 PM GMT
Eh Email viewed by Michael E Halleck (mehalleck@hwimfg.com)
2019-07-27 - 11:42:21 PM GMT- IP address: 174.209.23.210
*Mite
•°]WER=_CI ev
Adobe Sign
,, Document e -signed by Michael E Halleck (mehalleck@hwimfg.com)
Signature Date: 2019-07-28 - 11:23:10 AM GMT - Time Source: server- IP address: 74.205.154.117
Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature
2019-07-28 - 11:23:12 AM GMT
ti Email viewed by Karin McDougal (weld-cboe@weldgov.com)
2019-07-28 - 5:06:07 PM GMT- IP address: 204.133.39.9
Document e -signed by Karin McDougal (weld-cboe@weldgov.com)
Signature Date: 2019-07-28 - 6:34:02 PM GMT - Time Source: server- IP address: 204.133.39.9
Q Signed document emailed to Brenda Dones (bdones@co.weld.co.us), Michael E Halleck
(mehalleck@hwimfg.com), Wade Melies (wmelies@co.weld.co.us), Wade Melies (wmelies@weldgov.com), and
2 more
2019-07-28 - 6:34:02 PM GMT
Adobe Sign
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4/mW1 M,a?$ ICE OF DETERMINATION
RECEIVED
Brenda Dones
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
JUL 1 6 20't9
WELD COUNTY
COMMISSIONERS
44,7-4er#,
SZ-1
Date of Notice: 6/25/2019
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
R7528699
2019
1459
HALLECK MICHAEL E
5704 COUNTY ROAD 22
LONGMONT, CO 80504-9405
cc
INDUSTRIAL
'LEGAL. DESCRIPTION! PHY
FRE HLK L 4 HALLECK SUB
7097 COLORADO BLVD FREDERICK
ASSESSOR'S V/
ACTUAL VALUE PRIOR TO
REVIEW
631,645
34011-I?&r
RECEIVE
JUL 15 201
9
WELD COUNTY ASSE
GREELEY, COI ORA
631,645
TOTAL
631,645
631,645
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessor's determination of value after review is based on
the following:
CM05 - The law requires that data from Jan 2017 to June 2018 be used to establish current values.
We have considered all three approaches to value and we have denied your appeal based upon this
data.
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.
The deadline for filing real property appeals is July 15.
The Assessor establishes property values. The local taxing authorities (county, school district, city,
fire protection, and other special districts) set mill levies. The mill levy requested by each taxing
authority is based on a projected budget and the property tax revenue required to adequately fund
the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall.
If you are concerned about mill levies, we recommend that you attend these budget hearings.
Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities.
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is your estimate of the property's value as of June 30, 2018? (Your opinion of value in terms of a
es required for real property pursuant to § 39-8-106(1.5), C.R.S.)
AP
PEAL PROCEi URE
County Board of Equalization Hearings will be held from
July 25th through August 51h at 1150 O Street.
To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown
below, and mail, file online, or deliver a copy of both sides of this form to:
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: www.co.weld.co.us/appsl/cboe/
To preserve your appeal rights, your Petition to the County Board of Equalization must be
postmarked or delivered on or before July 15 for real property — after such date, your right to
appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we
recommend that all correspondence be mailed with proof of mailing.
You will be notified of the date and time scheduled for your hearing. The County Board of
Equalization must mail a written decision to you within five business days following the date of the
decision. The County Board of Equalization must conclude hearings and render decisions by August
5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and
you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by
September 10, § 39-2-125(1)(e), C.R.S.
If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your
appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of
the following:
Board of Assessment Appeals District Court
1313 Sherman Street, Room 315
Denver, CO 80203
(303) 866-5880
www.dola.colorado.qov/baa
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County Board
of Equalization.
If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document
falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed
on the next business day, § 39-1-120(3), C.R.S.
Contact the District Court in the County
where the property is located. See your
local telephone book for the address and
telephone number.
PETITION TO COUNTY BOARD OF EQUALIZATION
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What is the basis for your estimate of value or your reason for requesting a review? (Please attach
additional sheets as necessary and any supporting dg�umentation, i.e., comparable sales, rent roll, original
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ATTESTATION
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein
anments hereto are true and complet16171. e_
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Signature _ ��% �j
mail Address
Telephone Number Date
' Attach letter of authorization signed by property owner.
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