HomeMy WebLinkAbout20072216.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2007, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
DIAMOND SHAMROCK
AD VALOREM TAX DEPT
P O BOX 690110
SAN ANTONIO, TX 78269-0110
DESCRIPTION OF PROPERTY: ACCOUNT#: P0009071 PARCEL#: 095913300008-GR
175698 PT 13-5-66 SITUS: 2720 35 AV GREELEY 00000
WHEREAS, the Board of County Commissioners of Weld County,Colorado,convened 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 2007, 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 2007,claiming that the property described in such petition was assessed too
high, as more specifically stated in said petition, and
WHEREAS, said petitioner not being present or represented, 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 Weld County Board of Equalization,that the evidence presented at the hearing
clearly supported the value placed upon the Petitioner's property,after review 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:
ACTUAL VALUE
AS DETERMINED
BY ASSESSOR
Land $ 0
Improvements OR
Personal Property 53,820
TOTAL $ 53,820
2007-2216
eG' / 5 CA Per, 40 AS0067
RE: BOE - DIAMOND SHAMROCK
PAGE 2
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;however,said appeal
must be filed within 30 days of the 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
fora 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.
2007-2216
AS0067
RE: BOE - DIAMOND SHAMROCK
PAGE 3
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 2nd day of August, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: n, 1.14), x as
f EXCUSED
David E. Long, Chair
Weld County Clerk to than 4 &j itV
i
William Jerke, Pr -Tem
BY:
Deputy Clerk the Boa?
William F. Garcia
APPROVED AS TO FORM:
EXCUSED
Clstant
, (� Robert D. Masden
�b nW Att aikt,
unty Attorney c.,
Douglas ademacher
Date of signature: PAA,D 7
2007-2216
AS0067
WELD COUNTY
CHRISTOPHER WOODRUFF COUNTY ASSESSOR
BRENDA DONES, DEPUTY ASSESSOR
VALUATION REPORT
OF
PERSONAL PROPERTY
FOR
County Board of Equalization
DIAMOND SHAMROCK
PETITIONER
Vs.
WELD COUNTY ASSESSOR'S OFFICE
RESPONDENT
Schedule Number: P0009071
Log Number: 4239
Date: August 2, 2007
Time: 4:40pm
Board: BOARD
PREPARED BY
APPRAISERS NAME
Raelene Anderson 7/25/07
Signature Date
ASSESSOR'S OFFICE STAFF APPRAISER
CBOE_PP_010998
Page 1
COST APPROACH
Location of the subject property is:
Street Address 2720 35 AV
City GREELEY
Pursuant to Colorado Revised Statutes the cost approach of Personal Property listed on the above
mentioned property is attached, along with a copy of the declaration and/or correspondence from the
petitioner.
NARRATIVE
The value on this account was derived from their 2007 Personal Property Declaration. The actual
value of$53,820 was determined by listing all of the assets reported, the year purchased and their
cost, then applying the appropriate tables and factors as mandated by the State Department of
Property Taxation. When they turned in their 2007 declaration they reported no additions and no
deletions for 2007.
COST APPROACH VALUE
$53,820
CBOE_PP_010998
Page 2
MARKET APPROACH
Pursuant to Colorado Revised Statute the Assessor has considered the Market Approach to value on
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 on
Personal Property. Due to the insufficient information for the income on Personal Property, the Weld
County Assessor has not utilized the Income Approach.
CBOE_PP_010998
Page 3
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 of
$53,820 be affirmed for the tax year 2007.
ASSESSOR'S VALUE
$53,820
CBOE_PP010998
Page 4
CONFIDENTIAL ASSESSMENT DATE
MAR.TO: :PERSONAL PROPERTY JANUARY 1,2007
MID COUNTY ASSESSOR DECLARATION SCHEDULE
UN N.I7 AVE GAMEY.CO Mr3t ([aflmuw it DUE DATE APRIL 15,2007
Plow(Pa)353•SOI Fa(U0)3044433 2607 •
&ra— _ _
nswAs
Return This Copy (Din
AIWpOII'IUMON.Y
PLEASE READ INIMUMIONS ON RECEIVED RCOMPLETED
EWiS S�[��ggMO®ING
-SEM AND REIMS TM COPY LATE RUNG FEE YES() NO()
MN NUMBER TA CODE BA CODE PARCEL NUMBER
P0009071 0600 20045 015913300008 263200001
A NAME Ara MADaec MOWS RECEIVED SHOW CHANCES INNAME AND ADDRFs5
DLAIRMII SHAMROCK
AD VALOREM TAT DIET
P o PDX 690110 JAN 2 2 2007 PRE IllEgfitill
SAN ARTOMIo, Tx 70261-0110
BUSINESS NAME AND PHYSICAL LOCATION d4 Ar11..a71.:T:::Du AP.1N`_•IT SHOW CLANYQTxOI&S UTAC.1ATION:
PERSONAL PROPERTY Af OF JANUARY 1.2007 - ..-,.._T_..__._._--
OR 175690 PT 13-S-66 SITWA: 2720 35
aAV uGRRSE,SY 00000 Up . _. -._SNN,y F.oC 7yt _ WELD COUNTY ASSESSOR
t a PO5f1iGS861A1710(Pt.' ask the�pop.o bww ONLY').im Barn Oocooias: GREELEY.or cotonAtice- -- -_.. - --
❑NOT CURRENT RIISEYEW OWNER.Myr at not the on Wum own,check We ad wont Re mrme tad address of •
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or W..Ifyeo are c Raw doe Spar on masseuse whaler M bed mewl gds of your personal propeay per essay exceeds 32,500,pleat outset the aunty essmn.
to r.rr aWq rbsl yywwr Ndsm Ter w sank whither mat yes Ilk.deebate nlNsle.
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If SSW,
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0 PROPER M ON DATE;
IS. fttll2[b L......n I P�VAL PROPERTY: ••POR TOR MOST ACCURATE ASSESSMENT,If IS RECOMMENDED TRAY YOU ATTACH
A COMPLETE ITEMIZED ASSET L671NGWV1'TH EACH MUSPIESS PERSONAL PROPERTY DECLARATION FILING" New:Include ALL Exposed
AMP WOs Lit of Ousts Tema I Yet IL9e D.erx%VN Amen SO is Use,and Sexed Assns That Are Subject to IRS Denton, Dar ALL macaw.nano
ACRDIwga NPR TO)An W aY L FOAM Mu1R t*FDN II MENA
HEM YEAR COMPLETE DESCRIPTION INCLUDING YOUR ORIGINAL FACTOR/ SPECIFY ITEM: SUnit.
IDD ACQUIRED MODEL OR CAPACITY INSTALLED C(mT LIFE NEW M
WI INTO
SERVIM
000001 1183 PURII & 10CIPImPT 20,402.00 3/10
000002 1189 ICI WICK 3,590.00 4/10
000003 1990 SR=LVIMO 1,965.00 4/1
000004 1992 DAL/WAR/II 1,033.00 4/10
000005 1992 ROT DOG MACHINE 472.00 4/10 - _
000006 1914 VCRATDO 1,143.00 4/9 E r� t
000007 1195 MIS) DISPIR/IR 55,530.00 1/10 a O
00000$ 1116 CRIHDITYSTn 17,524.00 1/10 0
000009 1996 SIOR 4,070.00 1/10 7 I.
000010 1909 TARES 13,132.00 1/20 - ^
000011 1997 gnaws 1,629.00 1/10 `i C
000012 1990 SIONNOI 11,023.00 1/10 ` M p
000013 1990 Im WIN(CIARDIIIWIN( 5,124.00 4/10
000014 1999 RADIANT RACE OFF ITS 15,776.00 13/3
000015 2000 COMPUTE* EQUIP 6,404.00 13/3 (j
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000016 2002 C000UTQ IQUIPImfr 4,553.00 13/3
000017 2002 MIACIRI 'IaIRO IICUIPM 12,437.00 4/10
IF NO ADDITIONS on DELETIONS CHECK HERE(✓ THIS RETURN IS SUIJECT TO AUDIT
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CONFIDENTIAL ASSESSMENT DATE
MAfl PERSONAL PROPERTY JANUARY 1,2007
WSW COUNTY ASSESSOR DECLARATION SCHEDULE
WOO N.17 AVE 0S@1EY,CO 10.31 (Ca6dmed Dr.) DUE DATE APRIL IS,2007
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PIN NURSER TA CODE BA CODE PARCEL NUMBER
POO09071 0600 26043 095913300006 263200002
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AD VALOREM TAX DEPT
P 0 BOX 690110 PREVIOUS OWNER'S NAME&ADDRESS
SAN MITONIO, TX 78269-0110
RUMNESS NAME AND PHYSICAL LOCATION dim SHOW CHANGES OF PHYSICAL LOCATION:
PERSONAL PROPERTY AS OF JANUARY I,3007
OR 175699 M 13-5-66 RITOB. 2720 35 •
'-'AV ORBELXY 00000 - - • ___. . .. . _-
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REM YEAR COMPLETE DESCRIPTION INCLUDING YOUR ORIGINAL FACTOR) SPECIFY ITEM: N6)1RNA
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INID.
USED SERVES
000016 7004 EQUIPMENT REPRISE 3,575.00 1/10
000019 2004 PO5 EQUIPMENT 23,064.00 13/4
IV NO ADDITIONS OR DELETIONS CHECK HERE(y4 THIS RETURN IS SUAJECt TO AUDIT
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Colorado Department of Local Affairs
Brian Vogt
Executive Director
r +`� j DIVISION OF PROPERTY TAXATION
• JoAnn Groff
Property Tax Administrator
Bill Owens
Governor
TO: All County Assessors
FROM: JoAnn Groff
Property Tax Administrator
SUBJECT: 2007 Personal Property Factors and Tables
DATE: January 3, 2007
MEMORANDUM
The attached tables and factors are to be used for the valuation of personal property for
the 2007 assessment year.
On December 14, 2006, the Statutory Advisory Committee (SAC) to the Property Tax
Administrator recommended the attached Chapter 4 for approval and use for 2007. The
State Board of Equalization (SBOE) has thirty days to review SAC recommendations. If
the SBOE's review results in changes, you will be so advised in a separate
memorandum.
If you have any questions, please contact the Division at (303) 866-2371.
JAG:KLBMb
G:1DPi-GRWISCOMIPPFACTORS12007PP FACTOR$2007 PP BULLETIN COVER.DOC
1313 Sherman,Room 419,Denver,CO 80203,(303)866-2371
TDD(303)866-5300 FAX(303)866-4000
E-Mail: joann.groffestate.co.us
10998 8
'age B
4.1
CHAPTER 4
PERSONAL PROPERTY TABLES
The personal property tables chapter contains the replacement cost factors, economic life
estimates, and percent good tables that are provided to assist county assessors in valuing
personal property by the cost approach. The level of value ad'ustmentfactors are provided
pursuant to § 39-1-104(12.3), C.R.S., and must be used to factor assessment date actual
values of personal property to the level of value (as of the appraisal date) in effect for real
property.
The tables and factors published here are subject to verification in the marketplace at the
retail "end user" trade level. All cost approach value estimates are based upon the factors
and tables found in this section. Cost approach value estimates must be reconciled to the
market and income approaches to value based upon the appraiser's opinion as to the
reliability of the information used to derive the value estimates from each approach.
Reconciliation of the applicable approaches to value is required for the valuation of all
personal property in Colorado.
Actual Value Determined When.
(13Xa)...the cost approach shall establish the maximum value of property if
all costs incurred in the acquisition and installation of such property are fully
and completely disclosed by the property owner to the assessing officer.
(c) ...However,nothing in this subsection(13)shall preclude the assessing
officers from considering the market approach or income approach to the
appraisal of personal property when such considerations would result in a
lower value of the property and when such valuation is based on independent
information obtained by the assessing officers.
§39-1-103(13),C.R.S.
For Colorado personal property assessment purposes, the actual value is the value in use, as
installed. Colorado statutes require that personal property be valued inclusive of all costs
incurred in acquisition and installation of the property. The costs of acquisition,installation,
sales/use tax, and freisht to the point of use must be considered in the personal property
valuation. The inclusion of these costs requires that personal property be valued in use.
Therefore,the actual value of personal property is based on its value in use.
Counties that develop in-house trending or depreciation tables must submit them annually for
approval to the Statutory Advisory Committee to the Property Tax Administrator prior to
use.
As the property under appraisal ages, the cost approach becomes less indicative of the
property value. After fifteen years of age, the recommended valuation procedure is to
measure the value of depreciated equipment directly in the marketplace, if possible.
15-AS-DPT
ARL VOL 5
2-89 Rev 1-07
998
it9
4.2
COST FACTOR TABLES
The replacement cost factor tables are provided to assist the assessor in the determination of
replacement cost new estimates by multiplying original or historical cost of personal property
by the cost price indexes published and made available through the courtesy of the Marshall
Swift Publication Company. When the original cost is multiplied by the factor for the year of
acquisition,the product will approximate the current cost to replace,or the Replacement Cost
New(RCN),of the personal property being appraised with property having similar utility.
The assessor must select the appropriate industry category number that corresponds to the
type of equipment being appraised. Thirteen industry category numbers are supplied. In
many instances,the individual industry category covers more than one type of commercial or
industrial property. Specific types of commercial and industrial property are found in each
industry category.
If the property to be factored can be specifically identified, the appropriate specific industry
category (such as 3 for office equipment) should be applied. If the property cannot
specifically be identified, the industry category for the business type may be used. If
property is generally useful in many types of business activities, the predominant use shall
determine the industry category.
If particular property types are not included in the table, a comparable property type industry
category number may be selected. The "average of all"(industry category number 1) should
be selected if the specific property type is not included in any of the industry categories.
After selecting the appropriate industry category number, the assessor uses the specific cost
factor that corresponds to the year of acquisition of the equipment. The original cost of the
equipment is then multiplied by the cost factor to arrive at the estimated replacement cost
new(RCN)as of the assessment date.
Example:
ersonal Industry Acquisition Cost
Property Number Year Cost Factor RCN
Desk 3 2001 $1,500 1.17 $1,755
In other words, it would cost $1,755 on the current assessment date to replace an office desk
purchased in 2001 for$1,500.
15-AS-DPT
ARL VOL 5
2-89 Rev 1-07
110998
age 10
4.3
INDUSTRY CATEGORY NUMBERS
Types of Personal Property Included in Industry Categories
Industry Category Table
Industry Category Num ber Property Type
1 Average of All
Candy and Confectionery, Creamery and
2 Dairy,Flour, Cereal and Feed,Garage,Meat
Packing,Paint,Refrigeration and Rubber
3 Office Equipment, (excluding copiers),
and Office Furniture
4 Retail and Wholesale Stores,Warehousing
5 Rental Furnishings, Apartments,
Hotels and Motels
Banks, Savings and Loans,Restaurants
6 and Lounges, and Theaters
7 Contractors' Equipment
8 Laundry&Cleaning Equipment
9 Bakery, Bottling, Canneries, and
Fruit Packing
Brewing and Distilling,Cement,
10 Clay Products,Glass,Metal,Logging,
Metal Working, Mining and Milling
Chemical,Electrical Equipment,
11 Manufacturing,Paper,Motion Pictures and
Television,Printing, and Woodworking
12 All Petroleum,and Textile
Computer and PC Equipment,
13* Computer-integrated Equipment,
Telephone and Telecommunication
Equipment, and Copiers
Source: Marshall& Swift,October 2006
*Please refer to Chapter 7, Special Issues, under Classification and Valuation of Personal
Computers(PCs) and Other Equipment, for more information.
CBOE_PP_010998
Page 11
4.4
2007 REPLACEMENT COST NEW FACTORS
2007 PERSONAL PROPERTY
COST FACTOR TABLE
Industry Category Number
Year Acquired 1 2 3 4 5 6
1981 1.88 1.84 1.74 1.87 1.84 1.79
1982 1.80 1.76 1.67 1.80 1.77 1.73
1983 1.76 1.72 1.64 1.75 1.74 1.68
1984 1.72 1.68 1.59 1.70 1.69 1.63
1985 1.69 1.65 1.57 1.67 1.66 1.61
1986 1.68 1.64 1.55 1.65 1.64 1.60
1987 1.65 1.62 1.52 1.62 1.62 1.57
1988 1.58 1.55 1.46 1.56 1.55 1.51
1989 1.50 1.48 1.40 1.48 1.47 1.44
1990 1.46 1.44 1.36 1.44 1.43 1.40
1991 1.44 1.41 1.34 1.42 1.40 1.38
1992 1.42 _ 1.39 1.33 1.40 1.38 1.36
1993 1.39 1.37 1.31 1.36 1.34 1.33
1994 1.35 1.33 1.28 1.32 1.30 1.29
1995 1.31 1.29 1.24 1.28 1.26 1.26
1996 1.29 1.27 1.22 1.26 1.24 1.24
1997 1.27 1.25 1.21 1.24 1.22 1.22
1998 1.26 1.24 1.20 1.23 1.21 1.22
1999 1.25 1.24 1.20 1.23 1.20 1.21
2000 1.23 1.22 1.18 1.20 1.18 1.19
2001 1.22 1.21 1.17 1.20 1.17 1.19
2002 1.21 1.20 1.16 1.19 1.16 1.18
2003 1.19 1.18 1.15 1.17 1.15 1.16
2004 1.15 1.14 1.12 1.13 1.12 1.13
2005 1.07 1.07 1.06 1.06 1.06 1.06
2006 I 1.00 I 1.00 I 1.00 I 1.00 ] 1.00 I 1.00
Source: Marshall& Swift,October 2006
15-A5-OPT
ARL VOL 5
2-89 Rev 1-07
1OE_PP_010998
Page 12
4.5
2007 REPLACEMENT COST NEW FACTORS CONTINUED
2007 PERSONAL PROPERTY
COST FACTOR TABLE
Industry Category Number
Year Acquired 7 8 9 10 11 12 13
1981 1.86 1.88 1.89 1.87 1.85 1.89 1.00
1982 1.76 1.80 1.81 1.77 1.79 1.77 1.00
1983 1.72 1.77 1.79 1.74 1.76 1.75 1.00
1984 1.69 1.72 1.74 1.70 1.71 1.72 1.00
1985 1.67 1.69 1.72 1.68 1.69 1.70 1.00
1986 1.65 1.68 1.71 1.67 1.68 1.70 1.00
1987 1.63 1.65 1.69 1.65 1.67 1.70 1.00
1988 1.58 1.59 1.61 1.60 1.57 1.63 1.00
1989 1.51 1.51 1.52 1.52 1.49 1.55 1.00
1990 1.46 1.47 1.48 1.48 1.46 1.51 1.00
1991 1.42 1.44 1.46 1.45 1.44 1.47 1.00
1992 1.40 1.42 1.44 1.44 1.44 1.46 1.00
1993 1.36 1.40 1.42 1.42 1.43 1.45 1.00
1994 1.33 1.36 1.38 1.39 1.39 1.42 1.00
1995 1.29 1.31 1.33 1.34 1.33 1.37 1.00
1996 1.27 1.29 1.31 1.31 1.31 1.34 1.00
1997 1.25 1.27 1.29 1.30 1.30 1.32 1.00
1998 1.23 1.26 1.28 1.28 1.30 1.30 1.00
1999 1.22 1.26 1.28 1.28 1.30 1.30 1.00
2000 1.20 1.24 1.26 1.26 1.28 1.28 1.00
2001 1.20 1.23 1.24 1.25 1.27 1.26 1.00
2002 1.19 1.22 1.24 1.24 1.27 1.25 1.00
2003 1.17 1.20 1.21 1.21 1.25 1.23 1.00
2004 1.13 1.16 1.17 1.17 1.20 1.18 1.00
2005 1.06 1.07 1.08 1.07 1.10 1.09 1.00
2006 I 1.00 I 1.00 I 1.00 I 1.00 I 1.00 I 1.00 I 1.00
Source: Marshall& Swift,October 2006
15-AS-DPT
ARL VOL 5
2-89 Rev 1-07
398
13
4.6
2007 COST INDEX - FIXTURES/LEASEHOLD IMPROVEMENTS
June 30,2006 Level of Value
This cost index is provided to assist the assessor in relating original or historical costs of
fixtures or leasehold improvements to the real property level of value. The property may be
valued using real property appraisal records for computations and should be assessed to the
owner of record.
When using this method of valuation, the property must be classified and abstracted as real
property improvements. The factors are useful only in the cost approach when attempting to
factor historical costs to the correct level of value. All cost approach value estimates must be
reconciled to the sales comparison (market) and income approaches to value as with other
real property improvements. The factors found in this table are for estimating replacement
costs only and do not include an allowance for depreciation.
2007 FIXTURES/LEASEHOLD IMPROVEMENTS
COST FACTOR TABLE
Year Acquired Factor
1981 2.09
1982 2.03
1983 1.96
1984 1.88
1985 1.83
1986 1.82
1987 1.81
1988 1.77
1989 1.74
1990 1.69
1991 1.67
1992 1.64
1993 1.57
1994 1.51
1995 1.47
1996 1.46
1997 1.41
1998 1.39
1999 1.35
2000 1.28
2001 1.27
2002 1.24
2003 1.21
2004 1.13
2005 1.06
2006 1.00
Source: Marshall& Swift,October 2006
15-AS-DPT
ARL VOL 5
2-89 Rev 1-07
P 010998
Page 14
4.7
AVERAGE ECONOMIC LIFE ESTIMATES
The average economic life estimates are provided for assistance in applying the percent good
depreciation tables for each type of property being valued. The economic life
recommendations are based upon the Class Life Asset Depreciation Range published by the
Internal Revenue Service, Marshall and Swift Co., and other sources. Further information
about the estimates may be found in I.R.S. publication 946, "How To Depreciate Property",
available from the I.R.S.
The economic life estimates are based on average national service lives and assume normal
use and maintenance of the property. Use of the appropriate economic life estimate accounts
for typical physical depreciation and functionalltechnological obsolescence for the personal
property within the valuation process. Use of economic lives that differ from those in the
estimates must be documented with specific market information. Counties and taxpayers are
encouraged to provide this documentation for review by the Division of Property Taxation
for possible update of existing published lives.
For specific types of equipment, economic life estimates were developed based on studies
completed by the Division of Property Taxation.
15-AS-DVT
ARL VOL 5
2-89 Rev 1-07
PP 010998
Page 15
4.8
PROPERTY TYPE Recommended
Economic Life
(years)
COMMERCIAL
Wholesale Trade Level
Wholesale trade machinery equipment,and furnishings 9
Retail Trade Level
Retail trade machinery equipment,and furnishings 9
Service Trade Level
Adding machines, calculators 6
All terrain vehicles (ATVs)For addt'1 info.,see Chapter 7 6
Amusement parks 12
Automated teller machines (ATMs):see Chapter 7
Computer/electronic components/portion 4*
Structural housing 10
Auto repair shops 10
Bank vault doors 20
Barber and beauty shops 10
Cable television:
Digital TV set-top boxes 4*
Subscriber converters,other than digital 5
Test equipment 8
Origination equipment 9
Satellite receiving ground stations 9
Distribution&subscriber connection equipment 10
Headend equipment 11
Microwave systems 9
Computers—personal&accessories 3*
Computers—other&stand-alone peripherals 4*
Computer—integrated machinery&equipment 4
Construction equipment, general 6
Copiers and duplicators 6**
Data handling equipment, except computers 6
Electronic equipment, except computers or gaming 6
Gaming: see Chapter 7
Electronic(e.g. slot machines) 5
Larger gaming personal property(e.g. tables) 10
Gas station equipment:
Electronic fuel pumps 6
General 10
Tanks (e.g. above ground,propane,septic) 10
Tanks (e.g. below ground,double-walled,fuel) 20
Hydroelectric Generators 20
Golf carts 6
Laundry and dry cleaning 10
Commercial Continued on next page
* Use appropriate computer percent good table 2007.
**Use the copier percent good table 2007.
Source:Division ofProperty Taxation,Marshall& Swift, &I.R.S.
15-AS-DPT
ARL VOL 5
2-89 Rev 1.07
010998
'age 16
4.9
PROPERTY TYPE Recommended
Economic Life
(years)
COMMERCIAL(continued)
Service trade level(continued/
Medical equipment For addt'l info.see Chapter 7 3 to 10
Meter and stamp equipment 6
Office furniture 10
Pedicabs 10
Photo processing equipment(Electronic) 6
Port-a-potty 10
Radio and television broadcasting 6
Recreation and amusement 10
Restaurant and bar(all) 10
River Rafts 10
Shopping carts 5
Signs (Billboard and Monument) 20
Signs (Other) 10
Snow cats: For addt'l info.see Chapter 7
Heavy use(e.g. snowgrooming operations) 6
Moderate use(e.g. transportation operations) 10
Storage tanks:
Tanks (e.g. above ground,propane,septic) 10
Tanks(e.g. below ground,double-walled, fuel) 20
Telecommunication machinery and equipment 4
Theater 10
Telecommunication towers 20
Typewriters 6
Vending machines 10
Video machines (arcade) 6
RESIDENTIAL/COMMERCIAL
Residential rental furnishings 10
Apartment,hotel and motel furnishings 10
NATURAL RESOURCES
Mining-Metallic and Nonmetallic
Mining, quarrying, &milling equipment 10
Petroleum and Natural Gas
Exploration, drilling 6
High-technology drilling rigs 10
Production(Excluding pipelines) 14
Marketing,retail 9
Refining 16
Timber
Logging 6
Sawmills,permanent 10
Sawmills,portable 6
Source:Division of Property Taxation,Marshall&Swift &LR.&
15-AS-DPT
ARL VOL 5
2-89 Rev 1-07
CBOE_PP_010998
Page 17
4.10
PROPERTY TYPE Recommended
Economic Life
(years)
INDUSTRIAL
Manufacturing Trade Level
Aerospace 10
Apparel and fabricated textiles 9
Bakeries and Confectionery 12
Brewery 12
Canneries and frozen food 12
Cement manufacture 20
Cereal,flour,grain and mill products 17
Chemicals and related products 10
Clay and gypsum products 15 •
Concrete manufacture 15
Dairy products manufacturing 12
Electrical equipment manufacturing 10
Electronic equipment manufacturing 6
Fabricated metal products 12
Special tools 3
Food and beverage production 12
Special handling devices 4
Forklifts 10
Glass and glass product 14
Special tools 3
Jewelry 12
Lumber,wood products and furniture 10
Machinery (not otherwise listed in this section) 10
Meat packing 12
Motion picture and television production 12
Paint and varnish 10
Plastics and plastic products 11
Special tools 3
Printing and publishing 11
Professional and scientific instruments 10
Paperboard and pulp 10
Rubber products 14
Special tools 4
Semi-conductor manufacturing:
General 5
Research and development 3
Test equipment 5
Wafer fabrication 3
Soft drink bottling 12
Steel and related products 15
Stone products 15
Sugar and sugar products 18
Source:Division of Property Taxation,Marshall& Swift & I.R.S.
15-AS-DPt
ARL VOL 5
2-89 Rev 1-07
:BOE_PP_010998
Page 18
4.11
PERCENT GOOD TABLE
The personal property percent good table is provided to assist the assessor in estimating the
replacement cost new less normal depreciation (RCNLD). The column headings represent
the average service life expectancy of the personal property being appraised. Each column
contains the percent good factor for a specified age in the life of the property.
Percent good tables measure the value remaining in personal property. Depreciation tables
measure the loss in value at a specified age. The factor shown in the columns of the percent
good table represents the percentage of RCN remaining at a specified age. The general
percent good tables are built upon the following assumptions:
1. Iowa State University property retirement& depreciation studies
2. A specified rate of return
3. Average condition and usage of typical property
The general percent good table is generic in nature. It was designed to be generally useful
for the majority of personal property. It is not specific to any particular industry or type of
personal property.
The table was designed to account for normal physical depreciation. Use of the table with
the appropriate economic life estimate accounts for typical physical depreciation and
functional/technological obsolescence for the personal property within the valuation process.
Additional functional/technological and/or economic obsolescence may also exist. If
documented to exist, additional functional and economic obsolescence must be measured in
the marketplace either using the market approach or rent loss methods. In addition, any
adjustments to the percent good due to the condition of the subject property must be
defensible and documented.
The minimum percent good shown for each of the columns is useful as a guide to residual
value. It is not absolute and must be reconciled with value in use information at the retail
"end user"trade level for similar types of property. If the market information shows that the
actual value of personal property is lower than the value developed by using the minimum
percent good, the use of the minimum percent good should be rejected in favor of the lower
value. The actual value of the personal property must be determined as long as the personal
property is taxable.
If the cost-calculated value is lower than the market and/or income approach developed value
in use, when the personal property reaches its minimum percent good, the assessor should
review the original cost, all assigned factors, the physical condition of the property, and other
pertinent contributors to value. If these are correct, the assessor must use the cost approach
value as the actual value of the personal property pursuant to § 39-1-103(13Xa), C.R.S.
As the personal property under appraisal ages, the cost approach becomes less indicative of
the property value. After fifteen years of age, the recommended valuation urocedure is to
measure the value of depreciated equipment directly in the marketplace, if possible.
To use the table, the assessor must determine the economic life and the effective age of the
subject property. The percent good may be determined by moving across the columns until
the one specified for the economic life is reached and then down this column to the point that
reflects the effective age of the property.
15-AS-OPT
ARL VOL 5
2.89 Rev 1-07
:6OE_PP_010998
Page 19
4.12
Example:
ersonal Economic Percent
roperty Life Age RCN Good RCNLD
Desk 10 years 6 years $1,755 55% $965
The assessor must also consider functional and economic obsolescence, abnormal physical
condition, or other factors that might affect the value of the equipment. The assessor should
also consider the frequency and extent of maintenance to the property. Extensive
maintenance or reconditioning of the property may extend the economic life of the property
just as a lack of maintenance may shorten the economic life.
DEPRECIATED VALUE FLOOR
In the year in which the personal property has reached its minimum percent good, the
applicable Replacement Cost New (RCN) trending factor in use at that time is "frozen" and
the Level of Value(LOV)adjustment factor is "frozen"at 1.0. For the assessment years that
follow, the RCNLD value does not change until the personal property is permanently taken
out of service. An exception to this rule applies when the property has been reconditioned to
extend its remaining economic life.
Even though the personal property has been permanently taken out of service, but has not
been scrapped or sold, it still has value. However, additional functional and/or economic
obsolescence may exist.
It is possible that the market or income approach may indicate a lower value than the
personal property's minimum percent good. In addition, as property ages, the use of original
installed cost multiplied by trending factors may not yield reasonable RCN values. Any
RCNLD estimate should be crosschecked with sales comparison (market) and income
information sources, if possible, and the appropriate value used.
VALUATION OF USED PERSONAL PROPERTY
The valuation of used personal property requires that a decision be made concerning the
remaining economic life of the property. If the personal property's elapsed age from its
actual year of manufacture, or estimated effective year of manufacture, is equal to or greater
than the number of years in which the personal property would have reached its fully
depreciated value floor, then the price paid for the personal property is to be treated as
RCNLD and "frozen" at that value. RCN trending and percent good factors will not be
applied to the frozen value. The LOV adjustment factor is "frozen"at 1.0 and will remain 1.0
until the property is taken out of service,sold, or retired.
An exception to this rule applies when the personal property is reconditioned to extend its
remaining economic life. Then the reconditioned property is treated as new personal
property and the formerly frozen value is treated as acquisition cost that is subject to
depreciation over a complete economic life of the personal property.
Even though personal property has been permanently taken out of service, but has not been
scrapped or sold, it still has value. However, additional functional and/or economic
obsolescence may exist.
15-AS-DPT
ARL VOL 5
2.89 Rev 1-07
CBOE_PP_010998
Page 20
4.13
If the elapsed age from the year of manufacture, or estimated effective year of manufacture,
is less than the number of years when the personal property would have reached its
depreciated value floor, as evidenced in its recommended economic life from the preceding
tables, then the property is treated as new personal property and the owner's acquisition cost
is subject to depreciation over the complete economic life as would be used for new personal
property. However,the resulting value should be compared to the sales comparison(market)
value for the personal property,if possible.
2007 GENERAL PERCENT GOOD TABLE
AVERAGE ECONOMIC LIFE IN YEARS
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
1 69 78 83 87 89 91 92 94 94 95 96 96 97 97 98 98 98 98
2 39 55 65 72 77 81 84 87 89 90 91 92 93 94 95 95 96 96
3 18 35 48 58 65 71 76 79 82 85 87 88 90 91 92 93 94 94
4 15 19 32 44 53 61 67 71 75 79 81 84 86 87 89 90 91 92
5 15 20 32 41 51 57 63 68 72 76 79 81 83 85 87 88 90
6 15 21 31 40 48 55 61 66 70 74 77 80 82 84 85 87
7 15 22 32 40 47 54 60 64 68 72 75 78 80 82 84
8 15 23 32 39 47 52 58 63 67 71 74 77 79 81
W 9 15 24 32 39 46 52 57 62 66 69 73 76 78
O 10 15 25 32 40 45 51 56 62 65 69 72 75
11 15 26 32 40 46 52 57 60 65 69 72
12 22 27 33 40 46 51 55 60 65 68
• 13 15 24 29 36 40 46 49 56 61 64
F 14 15 26 30 36 42 46 52 57 60
U 15 20 24 31 37 43 48 52 56
• 16 15 22 25 32 38 43 48 52
4, 17 15 24 27 33 39 44 48
W 18 15 26 28 34 39 44
19 22 24 30 35 40
20 15 20 26 31 36
21 19 22 28 33
22 15 19 24 30
23 15 21 27
24 15 24
25 21
26 15
Source: Division of Property Taxation
15-AS-DPT
ARL VOL 5
2-89 Rev 1-07
CBOE_PP_010998
Page 21
4.14
Using market studies, the following table has been developed for Personal Computers
(PCs)and Accessories:
Percent Good Table 2007
Average Economic Life
Age 3
EFF 1 44
2 23
A 3 13
G 4 7
E
Source: Division of Property Taxation
Using market studies, the following table has been developed for Other Computer
Equipment Including Computer Peripherals:
Percent Good Table 2007
Average Economic Life
Age 4
EFF 1 50
2 36
A 3 22
G 4 13
E 5 7
Source:Division of Property Taxation
For personal property classified as Computer-integrated Machinery and Equipment, a four
(4) year economic life is assigned. The four (4) year life depreciation table found in the
General Percent Good Table in this section should be used.
If you have questions concerning personal computers (PCs) and accessories, other computer
equipment including stand-alone computer peripherals, or computer-integrated machinery
and equipment, please refer to Chapter 7, Special Issues, under Classification and
Valuation of Personal Computers(PCs) and Other Equipment.
15-AS-DPT
ARL VOL 5
2-89 Rev 1-07
CBOE_PP_010998
Page 22
4.15
Using market studies,the following table has been developed for Copiers:
Percent Good Table 2007
Average Economic Life
Ale 6
EFF 1 54
2 46
A 3 36
G 4 32
E 5 29
6 26
7 20
Source: Division of Property Taxation
Copiers have a six(6)year economic life and should be"frozen"in the seventh year at the 20
percent good. In the seventh year the LOV adjustment factor is "frozen" at 1.0 and will
remain 1.0 until the personal property is taken out of service,sold, or retired.
15-AS-DPT
ARL VOL 5
2-89 Rev 1-07
CBOEPP_010998
Page 23
4.16
LEVEL OF VALUE ADJUSTMENT FACTORS
The following table contains the indexes for adjusting current actual value of personal
property to the level of value (LOV) in effect for real property as specified by
§ 39-1-104(12.3Xa)(I), C.R.S. The procedure involves the multiplication of the assessment
date actual value estimate by the appropriate LOV factor for the type of property being
valued. When personal property reaches its fully depreciated value floor the actual value
should be determined and frozen. The LOV adjustment factor is "frozen" at 1.0 and will
remain 1.0 until the property is taken out of service,sold,or retired.
Example:
ersonal Industry LOV Actual
roperty Number Age RCNLD Factor Value
Desk 3 6 years $965 0.98 $946
2007 PERSONAL PROPERTY LOV FACTOR TABLE
June 30,2006 Level of Value
Industry Number LOV Factor
1 0.98
2 0.98
3 0.98
4 0.98
5 0.99
6 0.98
7 0.99
8 0.98
9 0.98
10 0.98
11 0.97
12 0.98
13 1.00
Source: Division of Property Taxation and Marshall&Swift
15-AS-DPT
ARL VOL 5
2-89 Rev 1-07
CODE PP_010998
Page 24
. _, .
BURLESON COOKE LLR
j
•roams a ADVISOaf
Diva Dial 7115541112
DeeaFa115.5541117
5mvA)d+oemgk.mm
RECEIVED
July 3,2007
JUL 03 1007
Via Hand Delivery
WELD COUNTY ASSESSOR
Mr. Christopher N. Woodruff GREELEY. COLORADO
Weld County Assessor
1400 N. 17th Avenue
Greeley,Colorado 80631
RE: Letter of Objection and Protest(PP)Year 2007;Position Papers in Support of
Proposed Valuations.
Dear Mr. Woodruff:
This letter is being submitted in support of the letter of objection and protest regarding
• personal property filed with your office for tax year 2007 for the taxpayers reflected in Exhibit
"A". Taxpayers set forth in the body of these working papers, in part, their explanation in
support of proposed valuations.
•
Determination of Actual Value
Underground fuel storage tanks rusn owned by these taxpayers in Weld County
constitute a significant portion of taxpayers' personal prolnaty assessed by the Weld County
Assessor. Taxpayers' business personal property must be assessed based on its actual value.
Under Colorado law, actual value is synonymous with market value. Market value represents
what a willing buyer would pay a willing seller under normal economic conditions. In other
words,the most probable price for which the appraised property will sell in a competitive market
under all conditions requisite to a fair sale. Although Colorado statutes require the application of
the cost, market and income approaches to appraisal where applicable, the Constitutional
mandate is to determine the property's actual value. As such,the ultimate determination must be
what a willing buyer would pay a willing seller for the business personal property.
According to the Division of Property Taxation ARL's, which the assessors are bound to
comply with, the assessor must examine the "characteristics and condition of [a parcel of)
property" to determine a "clear, current and detailed description of the subject property before
estimating value." If circumstances exist under which the three (3) appraisal methods do not
provide a clear basis for determining actual value, the assessor should look to all existing
100O1536111
711 Loublaria Street,Suite 1701 , Hesston,Tea 77002
Telephone: 713.358.1700 Fox: 713.358.1717
110999
age 25
information in an effort to ensure that its determination of actual value is accurate"to the extent
which is equitably and practically possible." It is only by the examination and consideration of
all information that the true nature and physical condition of the personal property may be
determined. Based on the unique characteristics of a UST, the cost, market and income
approaches, as employed by the Weld County Assessor's Office, do not provide an accurate
basis for determining what a willing buyer would pay a willing seller.
Based on the physical characteristics and regulatory requirements regarding UST's in
Colorado, the value of a used UST as measured by the willing buyer-willing seller standard is
virtually zero. There is no question that during the removal process the vast majority of UST's
cannot maintain structural integrity and will disintegrate. Assuming for the purposes of
argument that a used UST were to maintain its structural integrity upon removal, a hypothetical
buyer must comply with federal and state regulations regarding the inspection, licensing and
recertification of a UST prior to reuse. Furthermore, costs arising from the obligatory
administrative, licensing and certification measures may be substantial,and would necessarily be
taken into consideration by any willing buyer. These obligatory requirements are cost
prohibitive and result in a practical situation in which no rational willing buyer will purchase a
used UST and incur the loss and/or potential liability.
The UST's owned by taxpayers are of various ages, but all have been subjected to
petroleum substances for a period of time sufficient to result in the presence of residual amounts
of these materials within the personal property itself. Any resale of a UST would entail a willing
buyer expending significant amounts to remove, transport, test, recertify and relicense the UST
being purchased. For example,Colorado Department of Labor and Employment, Division of Oil
and Public Safety Storage Tank Regulations require the performance of numerous measures prior
to the removal and/or replacement of a UST. Any party removing or replacing a UST must
notify the Director of its intended action. Upon removal,that party must ensure that all residual
fuel materials have been removed so that no more than 2.5 centimeters (one inch) of residue, or
.3 percent by weight of the total capacity of the UST remain in the system. Further, the party
must measure for the presence of a release from the UST where contamination is most likely to
be present at the site. This process necessarily entails detailed and very costly excavation and
testing of soils. Extensive records must be maintained by the seller demonstrating compliance
with excavation and closure requirements under Colorado law. Finally the underground storage
tank itself must be removed. A UST tank owner is obligated to perform these measures by state
and/or federal law. These statutory obligations are by no means an all inclusive list, and the
actual measures required may be much more burdensome. These measures result in significant
transactional costs which are passed on to a buyer by the seller of a used UST.
In an effort to deny the real world effect of these regulatory obligations upon the
marketplace, the assessors have substituted cost for actual value. As a result, the assessors'
valuation of taxpayer's business personal property does not reflect what a willing buyer would
pay a willing seller for the property, and are thus, erroneous. The reality of the marketplace is
that for much of taxpayer's business personal property,little to no market exists. As a result,any
determination of actual value by the Weld County Assessor's Office which fails to consider the
effect of these regulatory obligations and the physical characteristics of a used UST, and to
allocate an appropriate deduction to the actual value, is erroneous based on the express
iooasmssil
CBOE_PP_010998
Page 26
provisions of the Colorado Constitution, statutes, case law and Division of Property Taxation
ARL's.
Respectfully Submitted,
Christopher C.Rosas
CO Bar No.: 33018
BURLESON COOKE,L.L.P.
711 Louisiana St.,Ste.711
Houston,Texas 77002
(Voice): 713358.1712
(Facsimile) 713.358.1717
Attorney for Taxpayer, Diamond Shamrock
Stations,Inc. and Valero Diamond Metro,Inc.
Exhibit"A"
Taxpayers and Schedule Numbers
Diamond Shamrock Stations,Inc.
Schedule Numbers(PP): P0009071 095913300008;
P0014846 096131416003;
Valero Diamond Metro,Inc.
Schedule Number(PP): P0012682 147106132016.
-End-
CBOE_PP 010998
Page 27
PANEL ON COMBOLIDATRO NULTIDISTRICT LITIGATION
Colorado Supreme Court D
Two E. 14th Ave. , 4th Floor Y'
Denver, CO 80203 D
FEB i Sttocrav
nM17
DISTRICT COURT, ADAMS COUNTY, COLORADO ATTORNEY'S OFFICE
Case No. 06 CV 1147
Plaintiffs:
CneNa 07MD[A8
VALERO DIAMOND METRO, INC. , DIAMOND SHAMROCK
REFINING AND MARKETING COMPANY, DIAMOND
SHAMROCK STATIONS, INC. , and AUTOTRONICB
SYSTEMS, INC. ,
v.
Defendants:
BOARD OF COUNTY cominspionlms OF ADAMS
COUNTY, acting as the BOARD OF EQUALIZATION,
and GIL REYES, TAX ASSESSOR OF ADAMS COUNTY.
DISTRICT COURT, ARAPAHOE COUNTY, COLORADO
Case No. 06 CV 4921
Plaintiff.,
VALERO DIAMOND METRO INC. , DIAMOND SHAMROCK
STATIONS, INC. , and TOC-DS COMPANY,
v.
Defendants:
BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE •
COUNTY, acting as the BOARD OF EQUALIZATION,
and EDWARD HOSIER, TAX ASSESSOR OP ARAPAHOE
COUNTY.
CBOE_PP_010998
Page 28
PANEL ON CONSOLIDATED MULT'IDISTRICT LITIGATION
Colorado Supreme Court
Two E. 14th Ave. , 4`h Floor
Denver,- CO 80203
DISTRICT COURT, BOULDER COUNTY, COLORADO
Case No. 06 CV 1130
Plaintiffs, Cage No.07MDL0$
(CoaYd) -
VALERO DIAMOND METRO, INC. , DIAMOND SHAMROCK
STATIONS, INC. , DIAMOND SHAMROCK REPINING AND
MARKETING COMPANY, and TOC-DS COMPANY,
v.
Defendants:
BOARD OF COUNTY COMMISSIONERS OF BOULDER
COUNTY, acting as the BOARD OF EQUALIZATION,
and CINDY DOMENICO, TAX ASSESSOR OF BOULDER
COUNTY_
DISTRICT COURT, BROOMFIELD COUNTY, COLORADO
Case No. 06 CV 243
Plaintiffs,
DIAMOND SHAMROCK STATIONS, INC. ,
v.
Defendants,
BOARD OF COUNTY COMMISSIONERS OP BRO0 FIELD
COUNTY, acting as the BOARD OF EQUALIZATION,
- and VICKIE BROWN, TAX ASSESSOR OF BROCMFIELD
COUNTY.
CBOE_PP_010998
Page 29
PANEL ON ommacummamn MULTIDISTRICr LITIGATION
Colorado Supreme Court
Two E. 14 Ave. , 4th Floor
Denver, CO 00203
DISTRICT COURT, CLEAR CREEK COUNTY, COLORADO
Case No. 06 CV 95
Plaiaii!!s s Case Na 07MDL00
(Cont'd)
VALERO DIAMOND METRO, INC. ,
v.
Defendants:
BOARD OF COUNTY COMMISSIONERS OF CLEAR CREEK
COUNTY, acting as the BOARD OF EQUALIZATION,
and DIANE SETTLE, TAX ASSESSOR OF CLEAR CREEK
COUNTY.
DISTRICT COURT, DENVER COUNTY, COLORADO
Case No. 06 CV 9507
Plaintiffs
VALERO DIAMOND METRO INC. , and DIAMOND
SHAMROCK STATIONS, INC. ,
v.
Defendants,
BOARD OF COUNTY COMMISSIONIRS OF DENVER
COUNTY, acting as the BOARD OF EQUALIZATION,
and- 301W RAGAN, TAX ASSESSOR OF DENVER
COUNTY.
CBOE_PP_010998
Page 30
PANEL ON OONSOLIDAT= MIILSIDISTRICT LITIGATION
Colorado Supreme Court
Two B. 14th Ave. , 4ti Floor
Denver, CO 80203
DISTRICT COURT, DOUGLAS COUNTY, COLORADO
Case No. 06 CV 1815
Cate Na 07MDLOS
Plaintiffs: (Conrd)
VALERO DIAMOND METRO, INC. , and DIAMOND
SHAMROCK STATIONS, INC. ,
v.
Defendants:
HOARD OF COUNTY COMMISSIONERS OF DOUGLAS
COUNTY, acting as the BOARD OF EQUALIZATION,
and EDITH N. HOY, a/k/a NIRII HOY, TAX
ASSESSOR OF DOUGLAS COUNTY..
DISTRICT COURT, EL PASO COUNTY, COLORADO
Case No. 06 CV 3715
Plaintiffs:
VALERO DIAMOND METRO INC. , DIAMOND SHAMROCK
STATIONS, INC. , and DIAMOND SHAMROCK REFINING
AND MARKETING COMPANY,
v.
Defendants:
BOARD OF COUNTY-CUMIISSIONIRS OF EL PASO
COUNTY, acting as the BOARD OF EQUALIZATION,
and JOHN BASS, TAX ASSESSOR OF EL PASO
COUNTY.
CBOE_PP_010998
Page 31
PANEL ON CONSOLIDATED N0LTIDISTRIC! LITIGATION
Colorado Supreme Court
Two B. 14th Ave. , 4th Floor
Denver, CO 80203
DISTRICT COURT, GARFIELD COUNTY, COLORADO
Case No. 06 CV 293
Case No:07MDL08
Plaintiffs (Con(d)
VALERO DIAMOND METRO, INC. ,
v.
Defendants:
BOARD OF COUNTY COMMISSIONERS OF GARFIELD
COUNTY, acting as the BOARD OF EQUALIZATION,
and SHANNON HURST, TAX ASSESSOR OF GARFIELD
COUNTY.
DISTRICT COURT, JEFFERSON COUNTY, COLORADO
Case No. 06 CV 4492
Plaintiffs,
VALERO DIAMOND METRO INC. , DIAMOND SHAMROCK
STATIONS, INC. , DIAMOND SHAMROCK REFINING AND
MARKETING COMPANY,
v.
Defendants:
BOARD OF COUNTY COMMISSIONERS OF JEFFERSON
COUNTY, acting as the BOARD OF EQUALIZATION,
and JIM EVERSON, TAX ASSESSOR OF JEFFERSON
COUNTY.
CBOE_PP010998
Page 32
PANEL ON CONSOLIDATED MOLTIDISTRICT LITIGATION
Colorado Supreme Court
Two E. 14th Ave. , 4th Floor
Denver, CO 80203
•
DISTRICT COURT, LA PLATA COUNTY, COLORADO
Case No. 06 CV 185
Plaintiff Cage N :07MDLA8
(Coned)
•
VALERO DIAMOND METRO, INC: ,
v. •
Defendants:
BOARD OF COUNTY COMMISSIONERS OP LA PLATA
COUNTY, acting as the BOARD OP EQUALIZATION,
and CRAIG N. LARSON, TAX ASSESSOR OF LA PLATA
COUNTY.
DISTRICT COURT, LAZE COUNTY, COLORADO
Case No. 06 CV 47
Plaintiffs,
DIAMOND SHAMROCK STATIONS, INC. ,
v.
Defendant's
BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY,
acting as the BOARD OF EQUALIZATION, and
HOWARD TRITZ, TAX ASSESSOR OF LAKE COUNTY.
CBOE_PP_010998
Page 33
PANEL ON CONSOLIDATED MOL/fIDISTRICT LITIGATION
Colorado Supreme Court
Two E. 14 Ave. , 4th Floor
Denver, CO 80203
DISTRICT COURT, LARTNER COUNTY, COLORADO
Case No. 06 CV 781
Plaintiffs' Case NaO7MDLO8
(Confd)
VALERO DIAMOND METRO, INC. , DIAMOND SHAMROCK
STATIONS, INC. , and DIAMOND SHAMROCK REPINING
AND MARKETING COMPANY,
v.
Defendants:
BOARD OF COUNTY COMMISSIONERS OF LARIMER
COUNTY, acting as the BOARD OP EQUALIZATION,
and LARRY G. JOHNSON, TAX ASSESSOR OF LARIMER
COUNTY.
DISTRICT COURT, MEGA COUNTY, COLORADO
Case No. 06 CV 330
Plaintiffs
VAT.RPO DIAMOND METRO, INC. ,
v.
Defendants'
BOARD OF COUNTY COMMISSIONERS OF MEGA COUNTY,
acting as the BOARD OF EQUALIZATION, and
CURTIS BELCHER, TAX ASSESSOR OP MESA COUNTY.
C8OE_PP_010998
Page 34
PANEL. ON CONSOLIDATED MULTIDISTRICT LITIGATION
Colorado Supreme Court
Two B. low` Ave. , 40° Floor
Denver, CO 80103 .
DISTRICT COURT, PUEBLO COUNTY, COLORADO
Case No: 06 CV 1385
Plaintiffs: Case NO:07MDIA8
(Gonad)
VALERO DIAMOND METRO, INC. , and DIAMOND
SHAMROCK REFINING AND MARXETING COMPANY,
v.
; Defendants:
BOARD OP COUNTY COMMISSIONERS OF PUEBLO
COUNTY, acting as the BOARD OF EQUALIZATION,
and VICTOR B. PLUTT, TAX ASSESSOR OF PUEBLO
COUNTY.
DISTRICT COURT, SUMMIT COUNTY, COLORADO
Case No. 06 CV 230
Plaintiffs:
VALERO DIAMOND METRO, INC. , and DIAMOND
SHAMROCK REFINING AND MARKETING,
v:
Defendants:
BOARD OF COUNTY COMMISSIONERS OF SUMMIT
COUNTY, acting as the BOARD OF EQUALIZATION,
and DENISE STEISKAL, TAX ASSESSOR OF SUMMIT
COUNTY.
CBOE_PP_010998
Page 35
PANEL ON CONSOLIDATED NOLTIDISTRICT LITIQITION
Colorado Supreme Court
Tiro E. 14th Ave. , 4th Floor
Denver, CO 80203
DISTRICT COURT, TELLER COUNTY, COLORADO
Case No. 06 CV 206
Plaintiff:
Gee No:7MDLOB
(Con t'd)
DIAMOND SHAMROCK STATIONS, INC. ,
v.
Defendants:
BOARD OF COUNTY COMMISSIONERS OF TELLER
COUNTY, acting as the BOARD OP EQUALIZATION,
and ALAN JORDAN, TAX ASSESSOR OF TELLER
COUNTY.
DISTRICT COURT, MELD COUNTY, COLORADO
Case No. 06 CV 630
Plaintiffs:
VALERO DIAMOND METRO, INC. , and DIAMOND
SHAMROCK STATIONS, INC. ,
v.
Defendants:
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
acting as the BOARD OF EQUALIZATION, and STAN
SESSIONS, TAX ASSESSOR OF WELD COUNTY.
CERTIFICATION TO THE CHIEF JUSTICE PURSUANT TO C.R.C:P. 42.1(h)
CBOE_PP 010998
Page 36
Upon review of the Movants, Valero Diamond Metro, Inc. ,
Diamond Shamrock Refining and Marketing Company, Diamond Shamrock
Stations, Inc. , TOC-DS Company and Autotronic Systems, Inc. 's
Unopposed Motion for Transfer and Consolidation Pursuant to
C.R.C.P. 42 .1, and now being sufficiently advised in the premises,
IT IS THE DETERMINATION of the Panel that the above-
referenced actions should be consolidated pursuant to C.R.C.P.
42.1 and that venue is proper in Douglas County.
THE PANEL HEREBY CERTIFIES these actions to the Chief
Justice pursuant to C.R.C.P. 42.1(h) and recommends that the
Honorable Paul A. Ring, judge of the Eighteenth Judicial District,
be assigned to hear these consolidated matters.
IT IS ORDERED that all further proceedings in the district
courts shall be stayed pending the Order Pursuant to
C.R.C.P. 42.1(i) by the Chief Justice.
BY THE PANEL, February 14, 2007.
SUSAN J. FESTAO
Clerk of the Panel
(`DOE t [ `.L ?�
Chi ty Clerk
CBOEPP010998
Page 37
Copies mailed via the State's Mail Services Division on 2/14/07. LX
Christopher Roses Robert D. Clark
711 Louisiana St. , Ste. 1701 Assistant County Attorney
Houston, TX 77002 100 Third Street
Castle Rock, CO 80104
Joseph Pattor Don K. DeFord
P.O. Box 221 108 8th Street, Ste. 219
Leadville, CO 80461 Glenwood Springs, CO 81601
Paul W. Hurcamb Franklin P. Celico
24 South Weber, Ste. 400 208 B. Lincoln Avenue
Colorado Springs, CO 80903 P.O. Box 68
Breckenridge, CO 80424
Cyndy Giauque Robert W. Loeffler
915 Tenth Street P.O. Box 2000
P.O. Box 758 Georgetown, CO 80444
Greeley, CO 80632
Valerie J. Robison May Taylor
P.O. Box 20,000 201 West Colfax, Dept. 1207
Grand Junction, CO 81502 Denver, CO 80202
Michael A. Koertje Michael A. Goldman
P.O. Box 471 -679 East Second Avenue, Ste. C
Boulder, CO 80306 Durango, Co 81301
Writer Mott John N. Franklin
100 Jefferson County Parkway 27 Bast Vernijo Avenue
Golden, Co 80419 Colorado Springs, CO 80903
Taai Tellico Jeannine S. Haag
One DesCombes Drive Ninth Floor, First Tower Bldg.
Broomfield, CO 80020 P.O. Box 1606
Fort Collins, CO 80522
Daniel C. Xogovsek Jennifer Wascak
215 West 10th Street 450 South 4th Avenue
Pueblo, Co 81003 Brighton, CO 80601
•
CBOE_PP_010998
Page 38
George Rosenberg Clerk of the Combined Court
5334 South Prince Street Adams County Justice Center
Littleton, CO 80166 1100 Judicial Center Dr.
Brighton, CO 80601
Honorable Thomas Eneor Honorable Cheryl L. Post
Adams County Justice Center Arapahoe County Justice Cent.
1100 Judicial Center Dr. 7325 S. Potomac St.
Brighton, CO 80601 Centennial, CO 80112
Clerk of the District Court Honorable Maria B. Berkenkotter
Arapahoe County Justice Cent. Boulder County District Court
7325 S. Potomac St. P.O. Box 4249
Centennial, CO 80112 Boulder, CO 80306
Clerk of the Combined Court Honorable Chris Melonakis
Boulder County District Court Broomfield County Court
P.O. Box 4249 17 DeCcmbee.Dr.
Boulder, CO 80306 Broomfield, CO 80020
Clerk of the Court Honorable Russell H. Granger
Broomfield County Court Clear Creek District Court
17 DeCambes Dr. P. O. Box 367
Broomfield, CO 80020 Georgetown, CO 80444
Clerk of the Combined Court Honorable Sheila A. Rappaport
Clear Creek District Court Denver District Court
P. O. Box 367 1437 Bannock Street, Rm. 256
Georgetown, CO 80444 Denver, CO 80202
Clerk of the Combined Court Honorable Paul A. King
Denver District Court Douglas County District Court
1437 Bannock Street, Rm. 256 4000 Justice Way, Ste. 2009
Denver, CO 80202 Castle Rock, CO 80109
Clerk of the Combined Court Honorable Edward S. Colt
Douglas County District Court El Paso County District Court
4000 Justice Way, Ste. 2009 20 E. Vermijo Avenue
Castle Rock, CO 80109 Colorado Springs, CO 80903
Clerk of the Combined. Court Honorable Daniel B. Petre
El Paso County District Court Garfield County Courthouse
20 S. Vermijo Avenue 109 8th St. , Ste. 104
Colorado Springs, CO 80903 Glenwood Springs, CO 81601
CBOE_PP_010998
Page 39
Clerk of the Combined Court Honorable Christopher J. Munch
Garfield County Courthouse Jefferson County District Court
109 Sth St. , Ste. 104 100 Jefferson County Parkway
Glenwood Springs, CO 81601 Golden, CO 80401
Clerk of the Combined Court Honorable David L. Dickinson
Jefferson County District Court La Plata County District Court
100 Jefferson County Parkway 1060 East 2'd Avenue
Golden, CO 80401 Durango, Co 81301
Clerk of the Combined Court Honorable David R. Lass
La Plata County District Court Lake County District Court
1060 Bast 2°d Avenue P.O. Box 55
Durango, Co 81301 Leadville, CO 80461
Clerk of the Combined Court Honorable Terence A. Gilmore
Lake County District Court Larimer County Justice Center
P.O. Box 55 201 La Porte Ave. , Ste. 110
Leadville, CO 80461 Fort Collins, CO 80521
Clerk of the Court Honorable Brian J. Flynn
Larimer County Justice Center Mesa County District Court
201 La Porte Ave. , Ste. 110 P.O. Box 20,000
Fort Collins, CO 80521 Grand Junction, CO 81502
Clerk of the Combined Court Honorable Dennis Mee
Mesa County District Court Pueblo Cty Judicial Bldg
P.O. Box 20,000 320 K. 10th St.
Grand Junction, CO 81502 Pueblo, CO 81003
Clerk of the Combined Court Honorable David R. Laos
Pueblo Cty Judicial Bldg Summit County District Court
320 N. 10th St. P.O. Box 269
Pueblo, CO 81003 Breckenridge, CO 80424
Clerk of the District Court Honorable Thomas L. Kennedy
Summit County District Court Teller -County Courthouse
P.O. Box 269 P.O. BOx 2980
Breckenridge, CO 80424 Cripple Creek, CO 80813
Clerk of the Combined Court Honorable Roger A. Klein
Teller County Courthouse Weld County District Court
P.O. Box 2980 P.O. Box 2038
Cripple Creek, CO 80813 Greeley, CO 80632
CBOE_PP_010998
Page 40
Clerk of the Court
Weld County District Court
P.O. Box 2038
Greeley, CO 80632
Honorable Harlan Bocknun
Chair, MDL Panel
CBOE PP_010998
Page 41
NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR
1400 NORTH 17th AVE.
Itrit GR 175698 PT 13-5-66 SITUS : 2720 35 GREELEY,Co 80631
AV GREELEY 00000 PHONE(970)353-3845,EXT.3650
www.e.o.weld.co.us
!Elk OWNER: DIAMOND SHAMROCK
COLORADO
CHRISTOPHER C. ROSAS LOG 4239
BURLESON COOKE L.L. P PARCEL 095913300008
711 LOUISANA STREET, STE . 1701 ACCOUNT P0009071
HOUSTON, TX 77002 YEAR 2007
Owner: DIAMOND SHAMROCK
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):
Personal property - Everything that is not included under the
term real property. Personal property is typically portable or
movable items such as equipment, furniture, and freestanding
appliances .
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 determined the
valuation(s)assigned to your property. The reasons for this determination of value are:
Your personal property has been valued in accordance with colorado law and
instructions published by the state Division of Property Taxation. Other
personal property, similar in nature, has been consistently valued using the
same statutory methods .
r PETITIONER'S ASSESSOR'S VALUATION
›ErPEIPEY CLASSIFICATION ESTIMATE
OF VALUE ACTUAL VALUE ACTUAL VALUE
Z LLS PRIOR TO REVIEW AFTER REVIEW
Cam- —
PER eNAL cCbROFI-J 53820 53820
tor
C LU
U o ft'
6
TOTALS $ $ 53820 $ 53820
APPEAL DEADLINES: REAL PROPERTY-JULY 16,PERSONAL PROPERTY-JULY 20.
If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration.
§39-S-I06(1)(a),C.R.S. TO PRESERVE YOUR APPEAL RIGHTS,YOU MAY BE REQUIRED TO PROVE THAT YOU FILED A TIMELY APPEAL;
THEREFORE,WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING.
07/10/2007
By: Christopher M.Woodruff
WELD COUNTY ASSESSOR DATE
ADDITIONAL INFORMATION ON REVERSE SIDE
NOD 207 02 x7/07
YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR' S DECISION
The County Board of Equalization will sit to hear appeals beginning July 2 and continuing through August 3 for real
property (land and buildings) and personal property (furnishings, machinery, and equipment). § 39-8-104 and § 39-
8-107(2), C.R.S.
APP1iA' 1PaC EI!fiIRES
If you choose to appeal the Assessor' s decision, mail or deliver one copy of this completed form to the County
Board of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED
ON OR BEFORE JULY 16 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
You will be notified of the time and place set for the hearing of your appeal.
COMIIMIM OWEmYAU2,AT1ONI S'DETET14 NATIONS
The County Board of Equalization must make a decision on your appeal and mail you a determination within five
business days of that decision. The County Board must conclude its hearings and render decisions by August 3.
TAXPV T2"RTGTITSTOfity riti(3 A"I'PEAT,'S`
If you are not satisfied with the County Board of Equalization' s decision you must file within thirty days of the
County Board of Equalization' s written decision with ONE of the following:
Board of Assessment Appeals (BAA):
1313 Sherman Street, Room 315
Denver, Colorado 80203
Telephone (303) 866-5880
wvvw.dola.colorado.gov/baa
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 80632
Telephone (970) 356-4000, Ext. 4225
If you do not receive a determination from the County Board of Equalization, contact the county board. If the
county board is not going to mail a decision, you must file an appeal with the Board of Assessment Appeals by
September 10th.
TO PRESERVE YOUR APPEAL RIGHTS, YOU MUST PROVE YOU HAVE FILED A TIMELY
APPEAL; THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF
OF MAILING.
PETITION TO THE COUNTY BOARD OF EQUALIZATION
In the space below, please explain why you disagree with the Assessor' s valuation. IN ACCORDANCE WITH §
39-8-106(1.5), C.R.S., IF YOUR APPEAL INVOLVES REAL PROPERTY, YOU MUST STATE YOUR
OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as
necessary. In support of the Petition to the County Board of Equalization of the denial by the County Assessor of the Written Letter of Objection and
Protest; the Written Letter of Objection and Protest and all information submitted to the County Assessor is hereby adopted as the basis for
the appeal to the County Board of Equalization. Petitioner requests that the County Board of Equalization examine this information and render
its decision based on the written information submitted in support of Petitioners proposed valuations. Petitioners reserve the right to submit
a ditional do uments prior to the hearing, Petitioner's estimate of value in regard to Schedule No. P0009071 is$11,800.
1
�, zt� , '?s LAS . 2ZRR
DA IL
E
kIC)NA I URk.OEI IUN ,k
,II,
NOD 207 62 87/07
Ad Valorem Tax IMM0 WENERGY CORPORATION WELD COUNTY
COMMISSIONERS
June 27, 2007 2111 JUL -3 A 3 41
RECEIVED
Via First Class Mail
Mr. Christopher N. Woodruff
Weld County Assessor
1400 N. 17th Avenue
Greeley, Colorado 80631
RE: 2007 Letter of Objection and Protest; Letter of Representation.
Dear Mr. Woodruff:
The purpose of this letter is to provide notice to your office that the following
individual and law firm has been retained to represent the taxpayers set forth in Exhibit
"A" in regard to the letter of objection and protest filed with your office for year 2007:
Christopher C. Rosas
Colorado Bar No. 33018
BURLESON COOKE L.L.P.
711 Louisiana Street, Ste. 1701
Houston, Texas 77002
(Telephone): (713) 358-1700
(Toll Free Voice): (866) 652-1717
(Facsimile): (713) 358-1717
Please note in your records that copies of all notices or communications by the Weld
County Assessor's Office or the Weld County Board of County Commissioners should
also be mailed to this office do Christopher C. Rosas. Please feel free to contact me with
any questions.
Respectfully,
J n Aranda
JA
cc: /Weld County Board of County Commissioners
915 Tenth Street
Greeley, Colorado 80632
400015108.i}
Exhibit"A"
Taxpayers and Schedule Numbers
Diamond Shamrock Stations, Inc.
Schedule Numbers (PP): P0009071 095913300008;
P0014846 096131416003;
Valero Diamond Metro, Inc.
Schedule Number (PP): P0012682 147106132016.
-End-
{00015108.1}
BURLESON COOKE L.L.P.
ATTORNEYS & ADVISORS
Christopher C.Rosas
Duea Dial 713-358-1712
Direct Fax 713-358-1717
rin3?3(Feburiescalcixike corn
wanv.burlesonr(oke rnv
July 16, 2007
Via CM/RRR No. 7005 2570 0000 7260 7550
Weld County Board of Equalization
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Re: 2007 Letter of Objection and Protest(PP); Petitions to County Board of
Equalization.
Dear Sir or Madam:
Pursuant to C.R.S. § 39-8-106, we hereby submit the enclosed Petition to the County
Board of Equalization appealing the decisions of the Weld County Assessor regarding the Letter
of Objection and Protest submitted by Petitioner.
Also enclosed are copies of working papers submitted to the Weld County Assessor in
support of the Petitioner's proposed valuations. We respectfully request that the County Board
of Equalization examine this information and render its decisions based upon the written
information submitted by Petitioners.
In the event the County Board of Equalization does not grant, in whole or in part, the
appeal from the Weld County Assessor's denial for the property for which the appeal is being
made, please note in your records that copies of decisions should be mailed to the undersigned.
Respectfully,
BURLESO COOKE L.L.P.
Christopher C. Rosas
CCR
Enclosures
{00015912.1)
711 Louisiana Street, Suite 1701 Houston,Texas 77002
Telephone: 713.358.1 700 Fax: 713.358.1717
hBURLESON COOKE L.L.P.
ATTORNEYS & ADVISORS 44
Christopher C.Roses
Dina Dial 713-358-1712
Direct Pax 713-358-1717
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July 3, 2007
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Mr. Christopher N. Woodruff < > cc
Weld County Assessorri
1400 N. 17th Avenue a Tt -4 N <
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Greeley, Colorado 80631 4J
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RE: Letter of Objection and Protest(PP) Year 2007; Position Papers in Support of
Proposed Valuations.
Dear Mr. Woodruff
This letter is being submitted in support of the letter of objection and protest regarding
personal property filed with your office for tax year 2007 for the taxpayers reflected in Exhibit
"A". Taxpayers set forth in the body of these working papers, in part, their explanation in
support of proposed valuations.
Determination of Actual Value
Underground fuel storage tanks ("UST") owned by these taxpayers in Weld County
constitute a significant portion of taxpayers' personal property assessed by the Weld County
Assessor. Taxpayers' business personal property must be assessed based on its actual value.
Under Colorado law, actual value is synonymous with market value. Market value represents
what a willing buyer would pay a willing seller under normal economic conditions. In other
words, the most probable price for which the appraised property will sell in a competitive market
under all conditions requisite to a fair sale. Although Colorado statutes require the application of
the cost, market and income approaches to appraisal where applicable, the Constitutional
mandate is to determine the property's actual value. As such, the ultimate determination must be
what a willing buyer would pay a willing seller for the business personal property.
According to the Division of Property Taxation ARL's, which the assessors are bound to
comply with, the assessor must examine the "characteristics and condition of [a parcel of]
property" to determine a "clear, current and detailed description of the subject property before
estimating value." If circumstances exist under which the three (3) appraisal methods do not
provide a clear basis for determining actual value, the assessor should look to all existing
;00015368.1)
711 Louisiana Street, Suite 1 701 ' Houston, Texas 77002
Telephone: 713.358.1700 ' Fax: 713.358.1 717
information in an effort to ensure that its determination of actual value is accurate "to the extent
which is equitably and practically possible." It is only by the examination and consideration of
all information that the true nature and physical condition of the personal property may be
determined. Based on the unique characteristics of a UST, the cost, market and income
approaches, as employed by the Weld County Assessor's Office, do not provide an accurate
basis for determining what a willing buyer would pay a willing seller.
Based on the physical characteristics and regulatory requirements regarding UST's in
Colorado, the value of a used UST as measured by the willing buyer-willing seller standard is
virtually zero. There is no question that during the removal process the vast majority of UST's
cannot maintain structural integrity and will disintegrate. Assuming for the purposes of
argument that a used UST were to maintain its structural integrity upon removal, a hypothetical
buyer must comply with federal and state regulations regarding the inspection, licensing and
recertification of a UST prior to reuse. Furthermore, costs arising from the obligatory
administrative, licensing and certification measures may be substantial, and would necessarily be
taken into consideration by any willing buyer. These obligatory requirements are cost
prohibitive and result in a practical situation in which no rational willing buyer will purchase a
used UST and incur the loss and/or potential liability.
The UST's owned by taxpayers are of various ages, but all have been subjected to
petroleum substances for a period of time sufficient to result in the presence of residual amounts
of these materials within the personal property itself Any resale of a UST would entail a willing
buyer expending significant amounts to remove, transport, test, recertify and relicense the UST
being purchased. For example, Colorado Department of Labor and Employment, Division of Oil
and Public Safety Storage Tank Regulations require the performance of numerous measures prior
to the removal and/or replacement of a UST. Any party removing or replacing a UST must
notify the Director of its intended action. Upon removal, that party must ensure that all residual
fuel materials have been removed so that no more than 2.5 centimeters (one inch) of residue, or
.3 percent by weight of the total capacity of the UST remain in the system. Further, the party
must measure for the presence of a release from the UST where contamination is most likely to
be present at the site. This process necessarily entails detailed and very costly excavation and
testing of soils. Extensive records must be maintained by the seller demonstrating compliance
with excavation and closure requirements under Colorado law. Finally the underground storage
tank itself must be removed. A UST tank owner is obligated to perform these measures by state
and/or federal law. These statutory obligations are by no means an all inclusive list, and the
actual measures required may be much more burdensome. These measures result in significant
transactional costs which are passed on to a buyer by the seller of a used UST.
In an effort to deny the real world effect of these regulatory obligations upon the
marketplace, the assessors have substituted cost for actual value. As a result, the assessors'
valuation of taxpayer's business personal property does not reflect what a willing buyer would
pay a willing seller for the property, and are thus, erroneous. The reality of the marketplace is
that for much of taxpayer's business personal property, little to no market exists. As a result, any
determination of actual value by the Weld County Assessor's Office which fails to consider the
effect of these regulatory obligations and the physical characteristics of a used UST, and to
allocate an appropriate deduction to the actual value, is erroneous based on the express
(00015368.I)
provisions of the Colorado Constitution, statutes, case law and Division of Property Taxation
ARL's.
Respectfully Submitted,
arel C gen-
Christopher C. Rosas
CO Bar No.: 33018
BURLESON COOKE, L.L.P.
711 Louisiana St., Ste. 711
Houston, Texas 77002
(Voice): 713.358.1712
(Facsimile) 713.358.1717
Attorney for Taxpayer, Diamond Shamrock
Stations, Inc. and Valero Diamond Metro, Inc.
CCR
Exhibit"A"
{00015368.)
Exhibit "A"
Taxpayers and Schedule Numbers
Diamond Shamrock Stations, Inc.
Schedule Numbers (PP): P0009071 095913300008;
P0014846 096131416003;
Valero Diamond Metro, Inc.
Schedule Number (PP): P0012682 147106132016.
-End-
(00015108.1)
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07/27/2007 FRI 11:39 FAX 713 358 1717 Burleson Cooke LLP 1i$001/003
•
BURLESON COOKE L.L.P.
ATTORNEYS & ADVISORS
FACSIMILE TRANSMITTAL SHEET
July 27,2007 •
TO: FAX NCMIfl R:
Clerk of the Board (970)352-0242
Weld County Board of Equalization
FROM:
Christopher C.Rosas Pages:3
s -- -
❑ URGENT O FOR Rii\'IlCW O PLEASE COMMENT D PLEASE REPLY
NOTrs.•COMMF..NTS:
Re: 2007 (PP) Petitions to County Board of Equalization;Administrative Denials
Please see attached.
Please call Burleson Cooke L.L.P.(713)358-1700 if all pages are not received.
CONFIDENTIALITY NOTE: 'Ile documents accompanying this facsimile transmission contain
information which is confidential and/or legally privileged. The information is intended only for the use of the
individual or entity named above. If you arc not the intended recipient, you arc hereby notified that any
disclosure, copying, distribution or the taking of any action in reliance on the contents of this alecopitd
information is strictly prohibited. If you have received this facsimile in crmr,please immediately notify us by
telephone to arrange for return of the original documents to us.
711 Louisiana Street,Suite 1701 (713)358-1700(Main)
Houston,TX 77002 (713)358-1717(Pax)
uriLi/ZUVI rxi 11:sy IAA /la sari 1/1/ Burleson uooice LLr isiuu /uus
BURLESON COOKE L.L.P.
ATTORNEYS & ADVISORS
Christopher C.Roars
Drat Dal 713.35S-1712
Dew Fox 7B-3511-2717
crouttissietaoxsioliertite
www.WW0o.imelimow
July 27,2007
Via Facsimile(970)352-0242
Weld County Board of Equalization
Attn: Clerk to the Board
915 10th Street,P.O.Box 758
Greeley, Colorado 80632
Re: 2007 (PP)Petitions to County Board of Equalization;Administrative Denials.
Dear Clerk:
The purpose of this letter is to request administrative denials of the Petitions to the Board
of Equalization regarding the 2007 appeals of business personal property for the Petitioners and
schedule numbers set forth in Exhibit "A" of this letter. Further rights to appeal, in accordance
with state law will be preserved. Please feel free to contact me with any questions.
Respectfully,
BURLESON COOKE L.L.P.
( I
Cbristoph r C. Rosas
CCR
Enclosures
{00016328.1}
711 Louisiana Street.Suite 1701 • Houston,Texas 77002
Telephone: 713.358.1700: Fox: 713.358.1717
07/27/2007 FRI 11:40 FAX 713 358 1717 Burleson Cooke LLY Juus/uu3
Exhibit"A"
Taxpayers and Schedule Numbers
Diamond Shamrock Stations,Inc.
Schedule Numbers (PP): P0009071 095913300008;
P0014846 096131416003;
Valero Diamond Metro,Inc.
Schedule Number(PP): P0012682 147106132016.
-End-
•
•
(00015108.l}
CLERK TO THE BOARD
te-(S .,1
PHONE (970) 356-4000 EXT 4226
FAX: (970) 352-0242
VVEBSITE: www.co.weld.co.us
915 10TH STREET
' P.O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
July 25, 2007
DIAMOND SHAMROCK
AD VALOREM TAX DEPT
PO BOX 690110
SAN ANTONIO TX 78269-0110
Parcel No.: 095913300008 Account No.: P0009071
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 2, 2007, at or about the hour of
4:40 PM,to hold a hearing on your valuation for assessment. This hearing will be held at the Weld
County Department of Planning Services, Conference Room, 918 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 3, 2007, and
mailed to you on or before August 10, 2007.
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.
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.
DIAMOND SHAMROCK- P0009071
Page 2
Very truly yours,
BOARD OF EQUALIZATION
Mk4
Donald D. Warden
Clerk to the Board
cc: Christopher Woodruff, Assessor
CHRISTOPHER C. ROSAS
BURLESON COOKE L.L.P
711 LOUISANA STREET, STE. 1701
HOUSTON TX 77002
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