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Home My WebLink About20062044.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2006, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: EASTMAN KODAK COMPANY ATTN: TAX DEPARTMENT 1 ST FLR 3414 N DUKE ST DURHAM, NC 27704 DESCRIPTION OF PROPERTY: ACCOUNT #: P0020594 PARCEL #: 080726200006 - THERMAL MEDIA W2 26 6 67 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 2006, 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 2006, 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 31,521,449 TOTAL $ 31,521,449 2006-2044 AS0064 (yn 4-s a , "g7-, ,9� RE: BOE - EASTMAN KODAK COMPANY 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 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. 2006-2044 AS0064 RE: BOE - EASTMAN KODAK COMPANY 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 1st day of August, A.D., 2006. BOARD OF COUN COMMISSIONERS ]E LA, WEL LINTY ORADO ATTEST: Atal//' ? ✓JL', ) 4a9ta� M. Geile, Chair Weld County Clerk to th Bo �� ,JI David E. Long, Pro-Tem BY: �/. v�//. ��,r�(. tiaylj • Deputy Clerk o the Board EXCUSED Wil N m H. Jer e APPROVED AS TO FORM: j,t, ( J Robert D. asdenlJU Assist t Coun An� y Glenn Date of signature: 2006-2044 AS0064 NOTICE OF VALUATION PERSONAL PROPERTY This Is Not a Tax Bill NOV# 49820 LEGAL DESCRIPTION: Stanley F. Sessions Weld County Assessor THERMAL MEDIA Sat 26 6 67 1400 N. 17th Avenue Greeley CO 80631 appealsgeo.weld.co.us 06/2 7/2006 Date: 06/15/06 - 07/05/06 HEARING DATES1400 N 17th Avenue EASTMAN KODAK COMPANY LOCATION: 8 : 30 - 4 :30 ATTN: TAX DEPARTMENT 1 ST FLR OFFICE HOURS: 3414 N DUKE ST TELEPHONE NO: (970) 353-3845 x-3650 DURHAM NC 27704 FAX NO: (970) 304-6433 2006 TAX YEAR: 0400 TAX AREA: 080726200006 PARCEL NO: P0020594 ACCOUNT NO: PROPERTY PRIOR YEAR CURRENT YEAR INCREASE/ CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE PERSONAL PROP 11934378 31521449 19587071 11934378 3152/449 19587071 TOTAL • Parcel#? 080726200006 • Account # P0020594 To appeal by mail, list your name, address, and phone # below, detach the lower portion of this notice and mail in accordance with instructions on the reverse side to: Weld County Assessor 1400 N. 17th Avenue. Greeley, CO 80631 An assessment percentage will be applied to the actual value of your property before taxes are calculated. The assessment percentage for personal property is 29%. § 39-1-104(1), C.R.S. Your personal property was valued as it existed on January I of the current year. The "current year actual value" represents the actual value of your property as of the appraisal date. The appraisal date is June 30, 2004. § 39-1-104(12.3)(a), C.R.S. The tax notice you receive next January will be based on this value. DOCUMENTATION - REASON FOR REQUESTING A REVIEW: The current year actual value is excessive due to classification issues to be discussed with the Assessor's office. Verification: I the undersigned state the information and facts contained herein to be true to the best of my knowledge regarding the propert Signature: Owncri,Agent Date: 7/25/06 Address: Deloitte Tax, 555 17t trees, suite 360(Daytime Phone #:( 303) 308-2191 Denver, CO 80202 Nova89/19088,04 2006-2044 YOU HAVE THE RIGHT TO APPEAL YOUR PERSONAL PROPERTY VALUE PERSONAL PROPERTY VALUATION APPEALS: If you disagree with the "current year actual value" or the classification determined for your property you may appeal by mail or in person with the County Assessor. Please refer to the Appeal Procedures for the deadline dates for filing appeals. Lr laia`_l is i O,),tt t 'I If you choose to mail a written appeal, you may elect to complete the attached form and mai it to tie • ssessor at the address listed on the Notice of Valuation. To preserve your right to appeal,your mailed appeal must be postmarked no later than July 5. § 39-5-121(1.5), C.R.S. _ TO PRESERVE TLYOAPPEAL APPEAL RECOMMENDUALLICORRESSPOYOU D NCE BE MAILED WITH PROOF OF MAILING. nra1lakt e;°_"y0 z If you choose to appeal your valuation in person,please call the Assessor's Office at ( 70) 353-3 4 ext.3.57 to make an appointment to meet with an appraiser. Please bring al] materials you wish considered to the appointment. To preserve your right to appeal,you must appear in the county assessor's office on or before July 5 of this year § 39-5-121(1.5), C.R.S. If the date for filing any report, schedule,claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day. § 39- I-120(3), C.R.S. AFTER THESE DATES, YOU WILL NOT BE ABLE TO FILE AN APPEAL stg eR sgiuxDEMminim"The Assessor must make a decision on your appeal and mail a Notice of Determination to you on or before JULY 10. 1 cm ' *maim If you are not satisfied with the Assessor's determination,or if you—do not receiveeallotice of Determination from the Assessor, you must file a written appeal with the County Board of Equalization on or before July 20. PERSONAL PROPERTY APPEAL FORM Completino the Personal Property Questionnaire will help you determine an estimate of value for yourproperty, which can compared to the value determined by the Assessor. Colorado law requires consideration of the cost, market, and income approaches to value for personalproperty. Eg g EE ATTACIIHADDITiONAL DOCUMENTS'AS NECESSARY MARKET APPROACH: This approach to value uses sales from the appropriate time period to determine the actual value of your property on January.11 of this year. he following items, i known. will he you estimate the market value o{your property. 11 available, attach a copy of any appraisal or written estimate of value. Have similar properties sold during the previous year? DATE SOLD ITEM SELLING PRICE COST ,APPROACH: This approach to value uses replacement cost new, less depreciation, to determine the value ot your property on January 1 of this year. Item Estimated Replacement Cost New S Source Have changes been made to the property, i.e. refurbishing, reconditioning: addition of components; etc.? NO YES If yes give date, description, and estimate cost: DATE DESCRIPTION OF CHANGE COST Is your equipment in typical condition for its age? If not, why? eased on the orig(nal cost ofacquisition and the cost of any changes, less depreciation. estimate the total value of the property as of January I of this year. 5 INCOME APPROACH: This,approac approach, value converts economic pet into ie from the previous year into present worth on January 1, of this year. It your property was rented or lease wing tl e ireviou year, attach operating statements owing rental and expense amounts for this prpperty. if known, �ist rents o�comparanle equ ment negotiatedurine the e previous year. If an appraisal using the income approac I was con ucte during the previous yar, please attach. FINAL ESTIMATE OF VALUE $ 31, 121,583 NO"-I 89 190 08,04 CLERK TO THE BOARD PHONE (970) 3564000 EXT 4226 FAX: (970) 352-0242 WEBSITE: www.co.weld.co.us 915 10TH STREET P.O. BOX 758 O GREELEY, COLORADO 80632 • COLORADO July 28, 2006 EASTMAN KODAK COMPANY ATTN: TAX DEPARTMENT 1ST FLR 3414 NORTH DUKE STREET DURHAM NC 27704 Parcel No.: 080726200006 Account No.: P0002130 Parcel No.: 080726200006 Account No.: P0008512 Parcel No.: 080726200006 Account No.: P2996604 Parcel No.: 080726200006 Account No.: P1956101 Parcel No.: 080726200006 Account No.: P0008515 Parcel No.: 080726200006 Account No.: P0018021 Parcel No.: 080726200006 Account No.: P0008514 Parcel No.: 080726200006 Account No.: P0020594 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 1, 2006, at or about the hour of 9:25 AM,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 4, 2006, and mailed to you on or before August 11, 2006. 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. EASTMAN KODAK COMPANY-VARIOUS Page 2 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. Very truly yours, BOARD OF EQUALIZATION 16)Jet04 Donald D. Warden Clerk to the Board cc: Stanley Sessions, Assessor DELOITTE & TOUCHE LLP 555 SEVENTEENTH STREET SUITE 3600 DENVER CO 80202-3942 Del oittee Deloitte Tax LLP Suite 3600 555 Seventeenth St. Denver,CO 80202-3942 USA Tel:+1 303 292 5400 Fax:+1 303 312 4000 www.deloitte.com July 26, 2006 Ms. Raelene Anderson Weld County Assessor's Office 1400 N. 17ih Avenue Greeley, CO 80631 Re: Personal Property Appeals Eastman Kodak Company Kodak Polychrome Graphics Dear Raelene: Enclosed are copies of the appeals we mailed yesterday via Certified Return Receipt. Since we are working out our classification issues, we would like to request administrative denials for all account numbers. If you have questions, please call me at(303) 308-2191. Thank you for your assistance with this request. Sincerely, Matthew W. mg Senior Manager MWP/kh Enclosures Member of Deloitte Touche Tohmatsu Hello