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Home My WebLink About20092532.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 15, 2009 Property Owner: Owens -Brockway Glass Container Inc Subject Property: 11133 Eastman Park Dr Windsor Street Address City Schedule Number(s): P3307406 Attach separate sheet if necessary For Office Use Only Docket No Fee: Y N Check/Credit Card S 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: ❑Agricultural O Commercial ®Exempt O Industrial ❑Mixed Use 0 Natural Resources ❑ Oil & Gas le Personal ❑Possessory ❑ Producing OResidential ❑ State Assessed ❑ Vacant Land Interest Mines Actual Value assigned to subject property: $84,777,511 Petitioner's estimate of value: $60,000,000 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: ❑ Petitioner will be present at the hearing ® Petitioner will be represented by an agent 0 Petitioner 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 attomey 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). O $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 Please contact Lauren Thomas at (303) 749 9024 for more information. re SKo 7 / 2009-2532 Required attachments to this form: 2 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: lB A notarized Letter of Authorization If an agent will be representing Petitioner m 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: Board of Equalization ❑ Board of Commissioners ❑ State Property Tax Administrator at the following address: 1400 N 17th Ave, Greeley, CO 80631 on September 15, 2009 Weld, CO County Duff & Phelps, LLC Printed Name 971 17th Street Mailing Address Denver, CO 80223 City, State, Zip Code Telephone: (303) 749 9024 E -Mail: lauren.thomas@duffandphelps.com Attorney Reg. No.: 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 15, 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 15, 2009 Date (One copy may be faxed to the Board but the original and two additional copies must De 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 .4E (E/7 ;,, /iIE/Ec jgnature of Agent O orrney O Signature of Petitioner Owens -Brockway Glass Container Inc Printed Name One O -I Plaza, One Michael Owens Way Mailing Address Perrysburg, OH 43551 City, State, Zip Code Telephone: (567) 336-5895 E -Mail: Daytime number 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. Appointment of Agency for Property Tax Matters Duff & Phelps LLC is authorized to represent Owens -Brockway Glass Container Inc. on personal property tax matters concerning the glass plant located at 11133 Eastman Park Dr., Windsor, Colorado in Weld County Colorado. Any and all previous authorizations are hereby revoked. 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 authorized to handle all matters relative to personal property 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 year 2009 or until revoked in writing by Owens -Brockway Glass Container or Duff & Phelps LLC. All correspondence shall continue to be directed to Owens -Brockway Glass Container Inc at the address on file with a copy to the following: NAME: Bruce Cartwright Duff & Phelps LLC ADDRESS: 950 17th Street, Suite 2000 Denver, Colorado 80202 303-749-9003 SIGNED: e iatna NAME/TITLE: As tant Treasurer, Owens -Brockway Glass Container Inc (Owner/Officer/Partner) DATE EFFECTIVE: ?-7O NOTARIZATION: MARSHA 1 MIHALKO NOTARY RaLJC STATC or •:!hllp My Comm. cxpiras Mina 3. 20 I2 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 ViDe COLORADO August 19, 2009 OWENS-BROCKWAY GLASS CONTAINER INC ONE O -I PLAZA TAX DEPT ONE MICHAEL OWENS WAY PERRYSBURG, OH 43551-2999 RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: P3307406 PARCEL #: 080725200049 - N2NW4 25667 LYING S OF RR 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 $84,777,511 $84,777,511 2009-1845 AS0073 OWENS-BROCKWAY GLASS CONTAINER INC - P3307406 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 Courts 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 2009-1845 AS0073 OWENS-BROCKWAY GLASS CONTAINER INC - P3307406 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 2009-1845 AS0073 REAL AND PERSONAL PROPERTY NOTICE OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N 17th Ave Date of Notice: 7/8/2009 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM - 5:00 PM SCHEDULE/ACCOUNTNO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION P3307406 2009 0420 N2NW4 25 6 67 LYING S OF RR PROPERTY OWNER OWENS-BROCKWAY GLASS CONTAINER INC ONE O -I PLAZA TAX DEPT ONE MICHAEL OWENS WAY PERRYSBURG, OH 43551-2999 e sy•ye r PROPEitTYC$81pIGQ110( t4' 7x ASSESE0IyS VALUATIOPie Pi{ r' Pik �r 3t f �y` i E,$ f k pX ALVALUE AFTER z gREVIEW s " a PERSONAL PROP 84,777,511 84,777,511 Tarlds'r . p 584,777,511 $84,777su th The Assessor has carefully studied all available information, giving parucular attention to e 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 properly, 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 207.08/08 NOD R. 7556 Hello