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Home My WebLink About20091843.tiffCOLORADO CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 August 19, 2009 JBS USA LLC FKA SWIFT & COMPANY 1770 PROMONTORY CIR GREELEY, CO 806349039 RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: P2344902 PARCEL #: 095711403001 - CORP OFFICE GR SWIF L1 BLK1 SWIFT SITUS: 1770 PROMONTORY CIR GREELEY Dear Petitioner: On July 31, and August 5, 2009, the Board of County Commissioners of Weld County, Colorado, convened, and acting as the Board of Equalization, pursuant to Section 39-8-101, C.R.S., et.seq., considered your request for an Administrative Denial of your petition of appeal of the County Assessor's valuation of your property described above, for the year 2009. The assessment and valuation of the Weld County Assessor was affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR ACTUAL VALUE AS SET BY BOARD $3,107,027 $3,107,027 CC '. /JS en, 43C[_c7rtk > 034-0/0'l 2009-1843 AS0073 JBS USA LLC FKA SWIFT & COMPANY - P2344902 Page 2 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 notice of 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 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), C.R.S.) Appeals to the BAA must be made on forms furnished by the BAA, and such appeals should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 Fees: A taxpayer representing himself is not charged for the first two appeals to the Board of Assessment Appeals; however, a taxpayer being represented by an agent or an attorney must submit a fee of $101.25 per appeal. 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), C.R.S.) 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, C.R.S.) 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 2009-1843 AS0073 JBS USA LLC FKA SWIFT & COMPANY - P2344902 Page 3 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. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Very truly yours, Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor DUFF AND PHELPS LLC/BRUCE CARTWRIGHT 950 17TH ST STE 2000 DENVER, CO 80202 2009-1843 AS0073 Weld Count CHRISTOPHER M. WOODRUFF COUNT AssESSO BRENDA DONES, DEPUTY ASSESSO VALUATION REPORT OF PERSONAL PROPERTY FOR County Board of Equalization JBS USA LLC FKA SWIFT & COMPANY PETITIONER Vs. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Schedule Number: P2344902 Log Number: 2548 Date: 8/5/2009 Time: 02:45 PM Board: Board #1 PREPARED BY APPRAISERS NAME Sean McElroy 08/04/09 Signature Date ASSESSOR'S OFFICE STAFF APPRAISER CBOE_PP_010 Pai d?GC9-/Py3 COST APPROACH Location of the subject property is: Business Name Street Address City Corporate Office 1770 PROMONTORY CIR Greeley NARRATIVE The value on this account was originally derived from an asset listing supplied by the petitioner with their 2009 Personal Property Declaration. The declaration was sent to our office electronically, was reviewed by an appraiser and then was imported into our personal property computer program. The declaration was signed by the owner/agent declaring that the information provided on the declaration included a full and complete list of property and that no attempt had been made to mislead the Assessor as to it's age, quality, quantity or value. The procedures used for valuing the Personal Property comply with the documented procedures and tables in the Assessor Reference Library (ARL) published by the State Property Tax Administrator. The State Property Tax Administrator's Assessor Reference Library manuals are binding on county assessors per statute, 39-2-109(1)(e), and case law, Huddleston v. Grand County Bd. of Equaliz., 913 P.2d 15 (Colo. 1996). The actual value of $3,107,027 was determined by classifying the assets reported on the declaration, the year they were purchased and their original cost, and then applying the appropriate tables and factors as mandated by the Colorado Department of Property Taxation. COST APPROACH VALUE $3,107,027 CBOE_PP_010998 Page 2 MARKET APPROACH Pursuant to Colorado Revised Statute the Assessor has considered the Market Approach to value of Personal Property. Due to the insufficient information for the market of personal property, the Weld County Assessor has not utilized the Market Approach. INCOME APPROACH Pursuant to Colorado Revised Statute the Assessor has considered the Income Approach to value o Personal Property. Due to the insufficient information for the income on Personal Property, the Welc County Assessor has not utilized the Income Approach. CBOE_PP_OIOE Pag CONCLUSION The subject property has been classified as Personal Property for property tax purposes. Personal Property values shall be determined by appropriate consideration of the Cost Approach, Market Approach, and Income Approach to value. {39-1-103)(5)(a) CRS} The Assessor has considered the three approaches to value for the subject property. It is the petitioner's responsibility to provide sufficient evidence to substantiate that the Assessor's value is incorrect. After consideration of the three approaches, it is the Weld County Assessor's request that the value $3,107,027 be affirmed for the tax year 2009. FINAL VALUE $3,107,027 CBOE_PP_O1 PE REAL AND PERSONAL PROPERTY NOTICE OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N 17th Ave GREELEY, CO 80631 Date of Notice: 7/8/2009 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM - 5:00 PM SCHEDULE/ACCOUNTNO., TA CYEAR"; :TAXAREA`i LEGAL DESCRIPTjOW , PHYSICAL LOCATION P2344902 2009 2153 O w a O x s JBS USA LLC FKA SWIFT & COMPANY 1770 PROMONTORY CIR GREELEY, CO 806349039 CORP OFFICE GR SWIF L1 BLK1 SWIFT SITUS: 1770 PROMONTORY CIR GREELEY 1770 PROMONTORY CIR GREELEY, CO PERSONAL PROP PROPERTY CLASSIFICATION AssESSOR'svatUATION: . ACTUAL VALUE PRIOR'. TO; REVIEW . ACTUAL VALUE AFTER REVIEW 3,107,027 3,107,027 TOTAL': , $3,107,027 $3,107,027 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: PP01 - Your personal property has been valued in accordance with Colorado law Other personal property, similar in nature, has been consistently valued using the same statutory methods. 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 deadline for filing personal property appeals is July 20. 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. Please refer to the reverse side of this notice for additional information. 2009-1843 :11? COLORADO July 27, 2009 JBS USA LLC FKA SWIFT & COMPANY 1770 PROMONTORY CIR GREELEY, CO 806349039 CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4226 FAX: (970) 352-0242 WEBSITE: www.co.weld.co.us 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 Parcel No.: 095711403001 Account No.: P2344902 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 5, 2009, at or about the hour of 2:45 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Centennial Center, First Floor Hearing Room, 915 10th Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its 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 5, 2009, and mailed to you on or before August 12, 2009. 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. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. JBS USA LLC FKA SWIFT & COMPANY - P2344902 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 Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor DUFF AND PHELPS LLC/BRUCE CARTWRIGHT 950 17TH ST STE 2000 DENVER, CO 80202 DUFF & PHELPS. LLC • 950 I m STRL[f, SI11I1. 2000 • U0;NVI'It, CO 80202 • n 101.-49.9001 • ray 105'49.9011 LAUREN THOMAS Vice President TEL 303-749-9024 OR 720-891-3318 Iauren.thomas@duffandphelp.' arm DUFF&PHELPS July 20, 2009 Weld County Board of Equalization 950 l0e' Street P.O. Box 758 Greeley, CO 80631 Subject: Personal Property Appeal for JBS USA, LLC for Accounts P0003960, P0006428, P0009835, P0015713, P0905210, P2344902 Dear Members of the Board: As duly authorized agent of JBS USA, LLC, Duff & Phelps, LLC hereby submits the following business personal property appeal for accounts P0003960, P0006428, P0009835, P0015713, P0905210, and P2344902. Duff & Phelps, LLC provides the following reasons for the appeal: JBS has been experiencing a significant decline in the profitability of their operations since 2002. Despite their increased utilization for 2008, their net loss per head of cattle was ($12). We believe an economic obsolescence adjustment not less than 30% is warranted for account P0003960. The financials for the lamb operations will be further examined. Duff & Phelps, LLC disagrees with the current Department of Property Tax personal property trend schedules to establish values for JBS USA LLC's accounts and believes adjustments to the trend schedule are necessary to develop appropriate values. The estimates of value for the above listed accounts are attached. If you have any questions regarding this statement, please feel free to contact me at 303-749-9024 or Bruce Cartwright at 303-749-9003. Sincerely, Lauren Thomas, Duff & Phelps Encl. 401169 ce President n-lvw. dufia nd ph clps.com JBS USA, LLC 2009 Personal Property Appeal Account P0003960 P0006428 P0009835 P0015713 P2344902 P0905210 Description Beef Plant By Products Old HQ Lamb Plant HQ -Promontory Circle New - Miller Bros Exec. O 2009 NOD 27, 731,100 430,428 19,065 2,172,531 3,107, 027 71,028 Total 33,531,179 2009 Petitioner's Opinion of Value 14,859,490 308,823 14,174 1,757,937 2,217,918 65,510 19,223,852 Appointment of Agency for Property Tax Matters Duff & Phelps LLC is authorized to represent JBS USA LLC and its subsidiaries on personal property tax matters in Weld County Colorado. Duff & Phelps LLC is authorized to act on our behalf in obtaining and providing information, negotiating, settling and assessing for all personal property matters related to the property owned, possessed, or controlled by the undersigned at the above - referenced address. This agent is delegated full authority to handle all matters relative to assessments and to represent us, with the assistance of legal counsel, if necessary, in the appeal process. This appointment of agency remains in effect for tax years 2007, 2008 and 2009 or until revoked in writing by JBS USA LLC or Duff & Phelps LLC. All correspondence should be directed to the following: NAME: Bruce Cartwright Duff & Phelps LLC ADDRESS: 950 17th Street, Suite 2000 Denver, Colorado 80202 303-749-9003 SIGNED: NAME/TITLE: Cindy Garland, T,ax irector Tax Director DATE EFFECTIVE: °Jagioq NOTARIZATION: State of Colorado County of Weld The foregoing instrument was duly acknowledged before me by Cl ncv.r 14r -td for the uses and purposes therein expressed. Witness my and Notarial Seal, this a4Th day of :Kum . 20 09 . Notary Public My commission expires:2 pi-; { o� Zrc9 RACHELLE DURHAM Notary Public State of Colorado My Commission Expires April 29, 20) a i t N O S 0- .-) yys 2 c r,.;) cuti 7006 31450 0001 4281 4973 0 .71 N J Q W 0 M 0 C m y m gy NU o .cU s 3 y _ zoo` 908))x: BOARD OF ASSESSMENT APPEALS STATE OF COLORADO NOTICE OF HEARING SCHEDULE NO. P3244902 DOCKET NO. 53213 Petitioner(s): JBS USA LLC FKA SWIFT & COMPANY V. Respondent: WELD COUNTY BOARD OF EQUALIZATION Tax Year(s): 2009 The Board of Assessment Appeals will hear the above -captioned matter: Date: Time: Location: Time Allocated: April 21, 2010 8:30 AM Mountain Time on a trailing docket 1313 Sherman Street Room 315, 3rd Floor Denver, Colorado 80203 2 hour(s) per side PLEASE TAKE NOTICE: The Board of Assessment Appeals uses a one -day modified trailing docket. Several cases are scheduled for hearing at 8:30 am each day. Cases are heard in the order determined by the Board, with the first case commencing at 8:30 am. At the completion of the first case on the docket, the Board hears the second case on the docket. The Board proceeds through the docket in this manner until all cases have been heard or until insufficient time remains to fully hear the remaining cases on the docket. Cases not heard will be continued to another day. You are required to appear for your hearing at 8:30 am on the date noted above and remain until your case is heard or continued, unless the Board removes your case from the trailing docket and schedules your case for a specific time later in the day. A list of cases removed from the trailing docket will be available at least one week prior to the hearing date. If your case is removed from the trailing docket, you are required to appear at the specific time scheduled by the Board. Please check the Hearing Schedule on the Board's web page (www.dola.state.co.us/baa/index.htm) or call (303) 866-5820 within one week prior to your hearing date to determine if your hearing has been scheduled for a specific time on the hearing date. If the Petitioner is a closely held entity as defined in CRS 13-1-127, the Petitioner must be represented by either an attorney licensed in Colorado or an officer of the entity. If the Petitioner is a domestic or foreign entity that is not closely held, as defined in CRS 7-90-102, an attorney licensed in Colorado must represent the entity in all legal proceedings before the Board. Pursuant to Board Rule 11, documentary evidence and witness lists must be received by the Board and the opposing party no later than April 7, 2010. If this date falls on a State Holiday, the documentary evidence and witness lists are due the following working day. Petitioner's Representative of Record: DUFF & PHELPS LLC LAUREN THOMAS 950 17TH STREET, SUITE 2000 DENVER, CO 80202 Mailed: February 10, 2010 Env.rrutin i c.ormyv , �t-11-aolu oo9— I Eq 3 ASOO 1I Hello