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Home My WebLink About20092316.tiffPETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: (303) 866-5880 Denver, Colorado 80203 Fax: (303) 866-4485 Date: September 3, 2009 Property Owner: JBS USA LLC FKA SWIFT & Company Subject Property: 1770 Promontory Circle Greeley Street Address City Schedule Number(s): P2344902 Attach separate sheet if necessary For Office Use Only Docket No Fee: Y N Check/Credit Card # P F H PP Weld, CO ®Board of Equalization 8/19/2009 Appeals the decision of the ❑Board of Commissioners Dated: County O State Property Tax Administrator This Appeal concerns:°Valuation O Refund/Abatement O Exemption ❑State Assessed Tax Year: 2009 The subject property is currently classified as: 0 Agricultural El Commercial OExempt ❑Industrial OMixed Use O Natural Resources o Oil & Gas Id Personal °Possessory O Producing °Residential ❑State Assessed ❑ Vacant Land Interest Mines Actual Value assigned to subject property: $3,107,027 Petitioner's estimate of value: $2,200,000 Estimated time for Petitioner to present the appeal: 120 minutes or 2 hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. Appearance: 0 Petitioner will be present at the hearing tPetitioner will be represented by an agent etitioner will be represented by an attorney °Petitioner will appear by telephone Petitioner is responsible for calling the Board at 303-866-5880 on the scheduled date and time of hearing (Mountain Time Zone) All entities must appear under the representation of an attorney licensed in Colorado. Closely held entities, however, require no attorney if they are represented by an officer of the entity as long as the amount in controversy does not exceed $10,000, exclusive of costs, interest or statutory penalties. A closely held entity can have no more than three owners. A trust need not be represented by an attorney as it is not an entity. Filing Fee: ❑ None Petitioner is appearing pro se (self -represented) and has not filed more than two Petitions with the Board of Assessment Appeals during this fiscal year (July 1 — June 30). ❑ $ 33.75 Petitioner is appearing pro se (self -represented) and has filed more than two Petitions with the Board of Assessment Appeals during this fiscal year (July 1 — June 30). 0 $101.25 Petitioner will be represented by an agent or by an attorney. In the space below, please explain why you disagree with the value assigned to the subject property Petitioner disagrees with the current Department of Property Tax personal property trend schedules to establish values. Please contact Lauren Thomas at (303) 749 9024 for more information. dews-c--Ats 4'o4 ('C '. 4s, c 4 Sool)/ C. Required attachments to this form: 0 Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial 3 Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: 0 A notarized Letter of Authorization If an agent will be representing Petitioner 3 A list of names, last known addresses and telephone numbers of co -owners or parties directly interested in the subject property if applicable. Certificate of Service I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed, faxed or hand delivered to: Weld, CO td Board of Equalization ❑ Board of Commissioners County D State Property Tax Administrator at the following address: 1400 N 17th Ave, Greeley, CO 80631 on September 3, 2009 Date I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed, faxed or hand delivered to all co -owners or parties directly interested in the subject property on September 3, 2009 Date I hereby certify that four (4) true and correct copies of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed or hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Room 315, Denver, CO 80203 on September 3, 2009 Date (One copy may be faxed to the Board but the original and two additional copies must be mailed or hand delivered.) Petitioner's Mailing Address is Required Even If Petitioner Is Represented by An Agent or Attorney (per C.R.S. 39.8-109) ha/nor ature of Agent Attorney O Duff & Phelps, LLC Printed Name 950 17th Street, Suite 2000 Mailing Address Denver, CO 80202 City, State, Zip Code City, State, Zip Code Signature of Petitioner JBS USA LLC FKA SWIFT & Company Printed Name 1770 Promontory Circle Mailing Address Greeley, CO 80634 Telephone: (303) 749 9003 E -Mail: bruce.cartwright@duffandphelps.com Telephone: (970) 506-8000 E -Mail: Daytime number Attorney Reg. No.: It is the Petitioner's responsibility to notify the BAA of any change of address. Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to completing this Petition Form. The Instructions and Rules are available on the Web at www.dola.Colorado.gov/baa or may be requested by phone at 303-866-5880. CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 Wine COLORADO 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 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, cr Esther E. Gesick Deputy Clerk to the Board 4 cc: Christopher Woodruff, Assessor DUFF AND PHELPS LLC/BRUCE CARTWRIGHT 950 17TH ST STE 2000 DENVER, CO 80202 2009-1843 AS0073 PERSONAL PROP 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/ACCOUNT NO P2344902 `,TAX YEA 2009 2153 JBS USA LLC FICA SWIFT & COMPANY 1770 PROMONTORY CIR GREELEY, CO 806349039 EGAC DESCRIPTION/ ?HYSICAL LOCATION CORP OFFICE GR SWIF L1 BLK1 SWIFT SITUS: 1770 PROMONTORY CIR GREELEY 1770 PROMONTORY CIR GREELEY, CO eASSESSOR' S' VALUATION 'ACTUAL VALU PRIOR i fIE ACTUAL- ALPEAFTER 3,107,027 3,107,027 $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. 15 -OPT -AR PR 201-08/08 NOD #: 7624 Notary Public 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: C NAME/TITLE: Cindy Garland, T,txirector Tax Director DATE EFFECTIVE: G'Ja41oq NOTARIZATION: State of Colorado County of Weld /' The foregoing instrument was duly acknowledged before me by Cl ne\t\ C r t4na for the uses and purposes therein expressed. Witness my and Notarial Seal, this a9th day ofa,,nr , 20 09 . My commission expiresCtPr; a9) 2c.O9 i _ RACHELLE DURHAM Notary Public State of Colorado My Commission Expires April 29, 2013 Y Hello