HomeMy WebLinkAbout20011023.tiff CORRECTED
RESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES -KODAK
POLYCHROME GRAPHICS, LP
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 4th day of April, 2001, at which meeting
there were present the following members: Chair M. J. Geile and Commissioners Glenn Vaad,
William H. Jerke, David E. Long, and Robert D. Masden, 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
Christopher Woodruff, and taxpayer Kodak Polychrome Graphics, LP, being represented by
Norman Wright, and
WHEREAS, the Board of County Commissioners has carefully considered the attached
application and the letters of Mark Camarata (April 2, 2001) and Brian Lessman (April 3, 2001),
and is fully advised in relation thereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Board partially concurs with the recommendation of the
assessor and the petition be and hereby is, approved, and an abatement refund be allowed as
follows:
ASSESSED TOTAL TAX
VALUATION REFUND YEAR
AMOUNT
$8,198,780.00 $158,582.92 1998
•
2001-1023
AS0048
TAX ABATEMENT PETITION - KODAK POLYCHROME GRAPHICS, LP
PAGE 2
BE IT FURTHER RESOLVED by the Board that pursuant to the provisions of
C.R.S. § 39-10-114(1)(a)(l)(B) and in accordance with requests made in the letters of Messrs.
Camarata and Lessman, the Board hereby consents to and orders delay of the payment of the
proportional share of the total amount of the above stated abatement refund which is
attributable to Weld County School District RE-4, to and until July 31, 2001, without interest
accruing upon said proportional share from April 4, 2001, to and until July 31, 2001.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of April, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: LIB � 7,A Q/(./
/ail �• !` .�_ /`� M. J. eile, C it
Weld County Clerk to B
you /
r,86, ` 41,2��
Glenn Va d Va d, em
BY:
Deputy Clerk to th� rJ ��.'� ' 11-
►1 WI H. Jerke
APPROy D AS,,T FORM: 6
avid E. Long
ounty Attor ey
Robert D. Masden
2001-1023
AS0048
- .
PETITION FOR ABATEMENT OR REFUND OF TAXES
c'1 !2: 15(Must be filed in duplicate and all questions must be answe, eri) , i
; Petitioners: Complete this side only. rr� II
li
Greeley ,Colorado, December , 2000 I
City or Town (Date) I
To The Honorable Board of Commissioners of weld County
Ladies/Gentlemen:
•
The petition of Kodak Polychrome Graphics LP
whose mailing address is: 1
City or Town State Zip Code
SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL
See Attachment I All property consists of machinery
and equipment located in a manufacturing
facility in Windsor, CO. 1,-:' �
O ..r
' ,.`3_J
respectfully requests that the taxes assessed against the above property for the years 1998 Ni , are
erroneous, illegal,or due to error in valuation for the following reasons:
Describe specifically the circumstances surrounding the incorrect value or tax, including owner's estimate of value.
(Attach additional sheets if necessary) •
See Attachment I, the Assessor' s estimate of value is based on erroneous
classes of personal property, does not conform to ARL guidelines and
fails to consider the internal and external elements of obsolescence.
Taxpayer' s estimate of value is based on a qualified consultant' s work
and consistent with DPT guidelines.
1998
Year Year
Value Tax Value ax
,
Orig. $34,682,400 $857,938.36
Abate
13,509,123 334,175.51 "o
Bal. 21,173,277 523,763.35
334,175 ..i- '
' Therefore the petitioner requests that the taxes may be abated or refunded in the sum of$
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.
Kodak Polychrome Graphics LP Address 1700 Lincoln, Ste. 4100, Denver
Petitioner Holme Roberts & Owen, LLP CO 80203
BX-----Ce.--- - -'_V\ iS. g, r-OSD Daytime phone number 303-861-7000
•
Norman H. Wright, Agent #30625 Date
Every petition for abatement or refund filed pursuant to section 39-10-114 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.
•
No.920. Rev.11-99. PETITION FOR ABATEMENT OR REFUND OF TAXES[15DPT(66-93)] 2001-1023
Bradford Publishing.1743 Wane St..Denver,CO. 0202—(303)292-2500—www bradfordpublis ingcom—I 1-99
pd: / s,
- Cii1, /007/79-//
(Complete either Section 1 or Section II)
RESOLUTION OF COUNTY COMMISSIONERS
Section I:In accordance with 39-1-113(1.5).C.R.S.,the commissioners of County
authorize the 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.
County Commission Resolution#
The assessor and petitioner mutually agree to an assessed value of$ for$
total tax for the year(s) and an abatement/refund of$
PLEASE NOTE: The total tax amount does not include accrued interest, penalties, and fees if applicable. Please contact
your County Treasurer for full payment information.
Petitioner's Signature Date Assessor's Signature Date
If Section I is not complete and/or if petition is for more than$1,000,Section II must be completed.
/Section II:Assessor's recommendation: ❑approved—No protest filed in (year) or (year) );
g approved in part$ ❑ denied for the following reason(s).
Note: If a protest was filed please/attach copy of NOD. >,p /J
C/Jo#bo< o c(/ F L( �7wH CG c OG / �µy /V�7 , �i CLU"ucC✓n c.
7-7
By: „/Ctie;
Assessor Deputy Assessor
WHEREAS,The County Commissioners of County,State of Colorado,at a duly
and lawfully called regular meeting held on (date), at which meeting
there were present the following members:
notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County
and said Assessor and taxpayer
(name) (name)
being present; and
WHEREAS, The said County Commissioners have carefully considered the within application, and are fully advised
in relation thereto,
NOW BE IT RESOLVED,That the Board with the recommendation of the assessor
(concurs or does not concur)
and the petition be , and an abatement/refund on an
(approved or denied) (be allowed or not be allowed)
assessed valuation of$ for$ total tax for the year(s)
Chairman of Board of County Commissioners
STATE OF COLORADO,
County of }ss.
1 ,County Clerk and Ex-officio Clerk of the Board of County
Commissioners in and for the County of , State of Colorado,do hereby certify that the
above and foregoing order is truly copied from the records of the proceedings of the Board of County Commissioners for said
County, now in my office.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
, this day of
County Clerk
By
Deputy
ACTION OF THE PROPERTY TAX ADMINISTRATOR
Denver, Colorado, ` V' (date)
The action of the Board of County Commissioners, relative to the within petition, is hereby 'A
approved;
❑ approved in part$ ❑ denied for the following reason(s).
PETITION FOR ABATEMENT OR REFUND OF TAXES .
P questions j. 4[F ! I F₹1 12: 15
(Must be filed in duplicate and all must be an t('e e
Petitioners: Complete this side only. i
•
Greeley , Colorado, December , 2000
City or Town (Date)
To The Honorable Board of Commissioners of Weld County
Ladies/Gentlemen: q\\\
The petition of Kodak Polychrome Graphics LP J
t ✓
whose mailing address is: 1,y.:
City or Town State Zip Code
SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL
See Attachment I All property consists of machinery
and equipment located in a manufacturing
facility in Windsor, CO.
respectfully requests that the taxes assessed against the above property for the years 1998 , are
erroneous, illegal,or due to error in valuation for the following reasons:
Describe specifically the circumstances surrounding the incorrect value or tax, including owner's estimate of value.
(Attach additional sheets if necessary) .
See Attachment I, the Assessor' s estimate of value is based on erroneous
classes of personal property, does not conform to ARL guidelines and
fails to consider the internal and external elements of obsolescence.
Taxpayer's estimate of value is based on a qualified consultant' s work
and consistent with DPT guidelines.
r.a
cr
1k) 1
CO
1998
Year Year <y-<
Value Tax Value tit Tax a
w
Orig. • $34,682,400 $857,938.36
Abate 13,509,123 334,175.51
Bal. 21,173,277 523,763.35
Therefore the petitioner requests that the taxes may be abated or refunded in the sum of$ 334,175.51
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.
Kodak Polychrome Graphics LP Address 1700 Lincoln, Ste. 4100, Denver
Petitioner Holme Rober s & Owen, LLP CO 80203
BY • a'�< t�C) r?O Daytime phone number
303-861-7000
Norman H. Wright, Age"` #30625 Date
Every petition for abatement or refund filed pursuant to section 39-10-114 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.
•
No.920. Rev.11-99. PETITION FOR ABATEMENT OR REFUND OF TAXES[15DPT(66-9311 2001-1023
Bradford N'blishing,1743 Wazee St.,/Denver,CO v202-(303)29?2500www.bradtordpublis[ting.com-11-99
• 7 e, /9.1.5_15e€1) Cv4 —
.1 r`4- (-1/1/7"
(Complete either Section I or Section II)
RESOLUTION OF COUNTY COMMISSIONERS
Section I:In accordance with 39-1-113(1.5),C.R.S.,the commissioners of County
authorize the 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.
County Commission Resolution#
The assessor and petitioner mutually agree to an assessed value of$ for$
total tax for the year(s) and an abatement/refund of$
PLEASE NOTE: The total tax amount does not include accrued interest, penalties, and fees if applicable. Please contact
your County Treasurer for full payment information.
•
Petitioner's Signature Date Assessor's Signature Date
If Section I is not complete and/or if petition is for more than$1,000,Section II must be completed.
Section II:Assessor's recommendation:❑approved—No protest filed in (year) or (year));
approved in part$ , ❑ denied for the following reason(s).
Note: If a protest was filed please attach copy of NOD. ( D J) ��,�f �[ ^�
C�/J4+�7 c+%J C� -�cP �UL'-Cf:7,•7,0,14 'Cn.G'�.r Qj ,q..i,,,Y , i C(iC+'t e•-1►.Aa�(24i By: Mast
Assessor Deputy Assessor
WHEREAS,The County Commissioners of County,State of Colorado,at a duly
and lawfully called regular meeting held on (date), at which meeting
there were present the following members:
notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County
and said Assessor and taxpayer
(name) (name)
being present; and
WHEREAS, The said County Commissioners have carefully considered the within application, and are fully advised
in relation thereto,
NOW BE IT RESOLVED,That the Board with the recommendation of the assessor
(concurs or does not concur)
and the petition be , and an abatement/refund on an
(approved or denied) (be allowed or not be allowed)
assessed valuation of$ for$ _ total tax for the year(s)
Chairman of Board of County Commissioners
STATE OF COLORADO,
County of ss.
I, ,County Clerk and Ex-officio Clerk of the Board of County
Commissioners in and for the County of , State of Colorado, do hereby certify that the
above and foregoing order is truly copied from the records of the proceedings of the Board of County Commissioners for said
County,now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,at
,this day of
County Clerk
By
Deputy
•
ACTION OF THE PROPERTY TAX ADMINISTRATOR
Denver, Colors , � date)
action of the Board of County Commissioners,relative to the within petition, is hereb % approve';
1L1� y� in part$ ❑ denied for the following reason(s).
L(L.e. :-a aad&.4,j l,A ,.)
-N2-TA-uviold 0.$1, ixAtClkst,, UiVzo .
<< CRK TO THE BOARD
(f&T lug�' LE P. O. BOX 758 "`r
GREELEY, CO 80632
�i _�.nrI ^,
•
COLORAD
KODAK PO HROME GRA P x--
9952 STMAN P RIVE
KODAK POLYCHROME GRAPHICS 41.c, D S O R C 55O
(N )
#1 LITHO PLATE DRIVE
WINDSOR,Co 80550 I IIIII,LILIJI,I,I1IIII
0 1,ects, tkpdpae ctAztt,.. 5. , , - _ - - _
Q,
KODAK POLYCHROME GRAPHIC LP Attachment 2
1998 PERSONAL PROPERTY ABATEMENT
ACCOUNT ORIGINAL 1998 POLY REQUESTED ** ASSR RECOMMENDED ASSR RECOMMENDED
ASSESSED VALUE ABATEMENT VALUE ASSESSED VALUE VALUE REDUCTION ORIGINAL TAX ADJUSTED TAX REFUND
P0008513 $6,706,530 $4,364,286 $5,831,120 ($875.410) $572,067.00 $497,394.54 ($74,672.46)
P0019031 $3,351,370 $1,775,964 $ ,367,668 ($983.710) $285,871.86 $201,961.40 ($8,910.46)
TOTAL $10,057,900 $6,140,250 $8,198,780 ($1,859,120) $857,938.86 $699,355.94 ($158,582.92)
** Includes additional 25% economic obsolescence
N
Prepared by Raelene Anderson 03/12/2001 Page 1
ATTACHMENT 1
A/R Petition of Kodak Polychrome Graphics, LP
1998 Taxes
Petitioner's Petitioner's
Schedule County's County's Petitioner's Petitioner's Assessed Mill Tax Tax Amount
No. Actual Value Assessed Value Taxes Paid Cost Value Actual Value* Value Levy Calculation to be Abated
P0008513 $23,125,950 $ 6,706,526 $ 572,067.00 $20,065,684 $ 15,049,263 $4,364,286 85.3 $ 372,273.62 $ 199,793.38
P0019031 $ 11,556,450 $ 3,351,371 $ 285,871.86 $ 8,165,352 $ 6,124,014 $ 1,775,964 85.3 $ 151,489.73 $ 134,382.13
TOTAL $34,682,400 $ 10,057,896 $ 857,938.86 $28,231,036 $21,173,277 $6,140,250 $523,763.35 $ 334,175.51
*This value calculation assumes a 25% gross obsolescence adjustment to the cost value
/EDUCATION FOR LIFE
W-NDSOR Brian L. Lessman
Superintendent of Schools
April 3, 2001
Weld County Commissioners
915 10th Street
Greeley, CO 80632
RE: 1998 and 1999 Abatement Hearing
Commissioners:
You are considering refunds or abatements of personal property for Kodak at your April 4, 2001
meeting which will have a significant impact on the Windsor Re-4 School District. Given this
impact, the District requests a delay in the payment of the RE-4 portion of such refunds or
abatements to Kodak until August 1, 2001. Further, it is important that this payment be reported
as taxes abated and refunded by August 1, 2001 and incorporated into the Certification of Values
reported by the Assessor's Office no later than August 25 of this year.
This action will serve to keep the District's cash flow and fiscal year end balance in a positive
mode. The District is currently borrowing from the State Treasurer to meet cash flow needs but
this loan must be repaid by June 25`h. There is no ability to seek additional relief from the
Colorado General Assembly during the current fiscal year. The new fiscal year,beginning July 1,
2001 will create new opportunities for loans or other arrangements that will assist the District in
meeting its cash flow management program.
Our discussions with Kodak have been favorable regarding this matter. The attached letter from
Kodak demonstrates its support for this delay in payment. We are hopeful that you will consider
this request in a favorable light.
Thank you for consideration of this action.
Sincerely,
--3,.,..,\ ,
( L 1---d--77,1/4-4-?—
i
Brian L. Lessman
Superintendent of Schools
cc: Weld County RE-4 Board of Education
Kodak Colorado Division
WELD COUNTY SCHOOL DISTRICT RE-4
1020 Main Street • P.O. Box 609 • Windsor, CO 80550 • (970) 686-7411 • Fax (970) 686-5280
,-;lL)e5/-/D, .3
WEST' S COLORADO REVISED STATUTES ANNOTATED
TITLE 39 . TAXATION
PROPERTY TAX
COLLECTION AND REDEMPTION
ARTICLE 10 . COLLECTION
Current through End of 2000 2nd Reg. Sess.
§ 39-10-114 . Abatement, cancellation of taxes
(1) (a) (I) (B) The assessor shall certify the proportional
amount of the total amount of abatements and refunds granted
pursuant to the provisions of this section to the appropriate
taxing entities at the same time that the certification of
valuation for assessment is made pursuant to the provisions of
section 39-5-128 . Any taxing entity may adjust the amount of its
tax levy authorized pursuant to the provisions of section 29-1-
301, C.R. S . , by an additional amount which does not exceed the
proportional share of the total amount of abatements and refunds
made pursuant to the provisions of this section. After
calculating the amount of property tax revenues necessary to
satisfy the requirements of the "Public School Finance Act of
1994" , article 54 of title 22 , C.R. S . , any school district shall
add an amount equal to the proportional share of the total amount
of abatements and refunds granted pursuant to the provisions of
this section prior to the setting of the mill levy for such
school district . Any additional amount added pursuant to the
provisions of this subsection (1) shall not be included in the
total amount of revenue levied in said year for the purposes of
computing the limit for the succeeding year pursuant to the
provisions of section 29-1-301, C.R.S . Where a final
determination is made granting an abatement or refund pursuant to
the provisions of this section, the abatement or refund granted
shall be payable at such time as determined by the board of
county commissioners after consultation with affected taxing
entities but no later than upon the payment of property taxes for
the property tax year in which said final determination was made.
For the purposes of this sub-subparagraph (B) , a taxing entity' s
proportional share of the total amount of abatements and refunds
granted shall be based upon the amount of tax levied by a taxing
entity on such real property in proportion to the total amount of
tax levied on such real property by such taxing entities .
_27e,,__/e;(3
• 6
CLERK TO THE BOARD
PHONE (970)356-4000, 218
FAX: (970) 352-0242
■■■ P.O. BOX 758
mipGREELEY, COLORADO 80632
C.
COLORADO
March 14, 2001
KODAK POLYCHROME GRAPHICS LP
9952 EASTMAN PARK DRIVE
WINDSOR CO 80550
RE: SCHEDULE NUMBER P0008513 and P0019031
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: All property consists of machinery and
equipment located in a manufacturing facility in Windsor, CO. The meeting is scheduled for April
4, 2001, 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 approve in part 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) 356-4000, extension 4217.
Sincerely,lelgDonald Warden
Don ��
Clerk to the Board
Deputy Clerk to the Board
cc: Assessor
County Attorney
Norman Wright
�2C i /<i�l2
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