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Home My WebLink About20041218 RESOLUTION RE: ACTION OF BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES -XEROX CORPORATION, C/O NORMAN WRIGHT WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board of County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 26th day of April,2004,at which meeting there were present the following members: Chair Robert D. Masden, and Commissioners M. J. Geile, William H. Jerke, David E. Long, and Glenn Vaad, and WHEREAS,notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County,and said Assessor, Stan Sessions, being represented by Raelene Anderson, and taxpayer Xerox Corporation, c/o Norman Wright, Downey and Knickrehm, 733 East Eighth Avenue, Denver, Colorado 80203, not being present, and WHEREAS,the Board of County Commissioners have carefully considered the attached petition, and are fully advised in relation thereto. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Board concurs with the recommendation of the assessor and the petition be and hereby is, denied, and an abatement or refund not be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $ 0.00 $ 0.00 2001 2004-1218 AS0057 TAX ABATEMENT PETITION - XEROX CORPORATION, C/O NORMAN WRIGHT PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 26th day of April, A.D., 2004. BOARD OF COUNTY COMMISSIONERS 101 WELD COUNTY, COLORADO � ATTEST: 40,4 Iasi �' ..""; .— )Robert D. Masden, Chair Weld County Clerk to th 1:. William H erke, Pro-Tem BY: lov L--\lf e /i' o Deputy Clerk to the Board �� fil/g1/ M. J. Ile APP AS T • David . Long r -�-Z nty AttoYn y Glenn aad 7 _ Date of signature: 5 2004-1218 AS0057 PETITION FOR ABATEMENT OR REFUND OF TAXES Please submit in duplicate copies and answer all questions. h 1 Weld (4130--57- 4 LJ - ..C' County Name Date Received RD E I V E D Use Assessor's or Commissia PETITIONER:Complete Section Ion this side only JAN 0 5 2004 • Section I: Date: December 30, 2003 WELD COUNTY ASSESSOR Month Day Year GREELEY, COLORADO Petitioner's Name: Xerox Corporation Petitioner's mailing address: Go Norman H.Wright Downey&Knickrehm;733 East 8th/ Denver CO 80203 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY Various,all filed for 2001 Various, property located at each lessee's site Petitioner states that the taxes assessed against the above property for property tax year 2001 is incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. (The petitioner's estimate of actual value must be included.) Attach additional sheets if necessary. Xerox submitted declaration schedules based on manufacturing cost,plus delivery and installation. DPT directed the Assessor to use hypothetical selling prices. This issue is under litigation and is pending a request for a writ of certiorari to the Colorado Supreme Court. This abatement request is being filed to protect a right to refunds pending a final decision in the test case litigation initiated for the 1999 tax year. O 6)/Petitioner's estimate of actual value$ 552,562 Value Year Petitioner requests an abatement or refund of the appropriate taxes associated with a reduction in value. I declare,under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits or statements, has been examined by me,and to the best of my knowledge,information and belief,is true,correct and complete. Daytime Phone Number(303) 813-1111 Pertionner'sSignature. By\ n � J t Daytime Phone Number( ) Agent's Slgnauiser j'� y Y fo<t�o— *Letter of agency must be attached when petition is submitted. Every petition for abatement or refund filed pursuant to section 39-10-114,C.R.S.,shall be acted upon pursuant to the provisions of this section by the board of county commissioners or the assessor,as appropriate,within six months of the date of filing such petition. 39-1-113(1.7),C.R.S. Section II: Assessor's Use Only 2001 Tax Year Assessed Value Tax Original 391,226 $35,039.74 Corrected 341_226_6 $35_019 74_ Abate/Refund —0— -0- (FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY) '- - ' RESOLUTION OF COUNTY COMMISSIONERS Resolution No. Section I: In accordance with 39-1-113(1.5),C.R.S.,the commissioners of County authorize tt eiT assessor to review petitions for abatement or refund and to settle by written mutual agreement any such petition for abatement or refund in an amount of one thousand dollars or less per tract,parcel,or lot of land or per schedule of personal property. The assessor and petitioner mutually agree to an assessed value and tax abatement/refund of: Tax Year Assessed Value Tax Original Corrected Abate/Refund PLEASE NOTE:THE TOTAL TAX AMOUNT DOES NOT INCLUDE ACCRUED INTEREST,PENALTIES,AND FEES ASSOCIATED WITH LATE AND/OR DELINQUENT TAX PAYMENTS,IF APPLICABLE. PLEASE CONTACT YOUR COUNTY TREASURER FOR FULL PAYMENT INFORMATION. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date If Section I is not complete and/or if petition is for more than$1,000,Section II must be completed. Submit an original petition and a copy to the Division of Property Taxation. Section II: Assessor's recommendation: leritr+ Z, Approved or Approved in part$ No protest filed in (If a protest was filed,please attach a copy of NOD.) Denied for the following reason(s): CLD7ne.,v-cI.o r"a-L, q-o 11 ses a Deputy Assessor's Signature Section III: WHEREAS,The County Commissioners of County,State of Colorado,at a duly and lawfully called regular meeting held on / /20(1 ,at which meeting there were present the following mo day yr members: with notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County and Assessor (being present/not present)and Name petitioner (being present/not present),and WHEREAS,The said Name County Commissioners have carefully considered the within petition,and are fully advised in relation thereto,NOW BE IT RESOLVED,That the Board(agrees/does not agree)with the recommendation of the assessor and the petition be(approved/denied)and an abatement/refund be(approved/denied)for property tax year . The taxes to be abated or refunded are$ which represents an assessed value of Chairperson of the Board of County Commissioners'Signature -- 1, ,County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the aforementioned county,do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said County at ,this day of Time Date Month Year County Clerk's or Deputy County Clerk's Signature ACTION OF THE PROPERTY TAX ADMINISTRATOR Denver,Colorado Month Day Year The action of the Board of County Commissioners,relative to the within petition,is hereby Approved; Approved in part$ ; Denied for the following reason(s): Secretary's Signature Property Tax Administrators Signature GID5Rl.NBATEWORMREV I-1000 DOWNEY & KNICKREHM - r RECEI December 30, 2003 JAN 0 5 2004 � WELD COUNTY ASS` Jo GREELEY, COLOR'', Certified Mail, Return Receipt Requested ` Weld County Board of Commissioners 915 10'h Street, 3`d Floor Greeley, Colorado 80631 Re: Xerox Corporation Abatement and Refund Request Dear Sir or Madame: Enclosed in duplicate are Petitions for Abatement and Refund of property taxes on behalf of Xerox Corporation for tax year 2001, taxes paid in 2002. As set forth in the Petition, Xerox manufactures and leases copiers and related equipment and accessories to third party users. Xerox reports and pays the personal property taxes on this equipment. Xerox filed a test case in the Arapahoe County District Court challenging the way its property is valued for 1999. This matter is now pending before the Colorado Supreme Court , Case No. 03SC780 on a request for a writ of certiorari. A decision is expected in 2004 We have filed this Abatement Petition to protect our client's right to a refund. However, we have no objection to the County deferring this for hearing until the final decision in the test case. In fact, we would appreciate that deferral. Please call with any questions. Very truly yours, Norman H. Wright NHW:na Enclosure C: Weld County Assessor Xerox Corporation Norman H.Wright,Of Counsel nwright@downknick.com Downey&Knickrehm PC Attorneys at Law The Cass House 733 East Eighth Avenue Denver Colorado 80203 p 303.813.mi f3o3.813.uzz, www.downknick.com RECEIXerox Corporation Senior Region Manager, NAF Taxes 2700 North Central Avenue Phoenix, AZ 85004 JAN 0 5 2004 December 1, 2003 WELD COUNTY ASSESuk GREELEY, COLORADO To whom it may concern: RE: Colorado Personal Property Assessments and Taxes Dear Sir or Madame: By this instrument, please be advised that Norman H. Wright and the firm of Downey& Knickrehm PC, is hereby authorized to act as an agent for Xerox Corporation with regards to its personal property tax matters in all jurisdictions in the state of Colorado for the years 1998 through 2003, inclusive. This agency authority shall include the right to seek abatements and refunds on any taxes paid by Xerox Corporation on its personal property located in Colorado. Yours truly, David Fineman, CMI DF:nhw C: Norman Wright - ` a CLERK TO THE BOARD r�7 PHONE (970)336-7215, EXT.4225 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 WI p COLORADO March 31, 2004 XEROX CORPORATION CIO NORMAN H. WRIGHT DOWNEY & KNICKREHM 733 EAST 8TH AVENUE DENVER, CO 80203 RE: SCHEDULE NUMBER VARIOUS, ALL FILED FOR 2001 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the property described as:VARIOUS, PROPERTY LOCATED AT EACH LESSEE'S SITE. The meeting is scheduled for April 26,2004,at 9:00 a.m., in the First Floor Meeting Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The Assessor is recommending that the Board deny your petition. You are not required to be present at this hearing, however,this is your opportunity to have your position heard, especially if your position is opposed to the Assessor's recommendation. If you intend to submit any documentation in support of your position for this hearing, all such documentation must be submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least seven calendar days prior to the meeting date in order for it to be considered at the scheduled hearing. • If you have any questions concerning this matter, please do not hesitate to contact Carol Harding at (970) 336-7215, extension 4217. Sincerely, LJ'i Donald D. Warden Clerk to the Board By: 41.-L Qe°1P � Deputy Cler o the Board cc: Assessor 2004-1218 (it L-H.H. CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 NiuP. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO May 14, 2004 Xerox Corporation c/o Norman Wright 733 East Eighth Avenue Denver, CO 80203 RE: SCHEDULE NUMBER Various, all filed for 2001 Dear Property Owner: On April 26, 2004, the Board of Weld County Commissioners considered your petition for abatement or refund of taxes and denied same. Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and instructions from the Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 420, Denver, Colorado 80203. Ve truly yours, /// �2/UGG� Donald D. Warden, Clerk to the Board Deputy Clerk to the Board cc: Assessor Norman Wright Hello