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Home My WebLink About20012429 Holme Roberts &Owen LLP August 21, 2001 Hand Delivered N B D Ms. Diane DeVries Administrator Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 Re: Eastman Kodak Company v. Weld County Board of Equalization Dear Ms. DeVries: Enclosed for filing with the Board of Assessment Appeals are an original and James D.Butler three copies of a petition(together with the required attachments) appealing a (303)866-0449 decision of the Weld County Board of Equalization. Also enclosed is our check butled@hrocom for$25.00 to pay the filing fee. Please acknowledge your receipt of the foregoing documents by date-stamping attorneys at Law the enclosed acknowledgement copy of the petition and returning that copy, together with a receipt for the filing fee, to the messenger delivering these rnoa Lincoln Street Suite 4100 documents. Denver,Colorado 80203-4541 Thank you for your assistance. Tel(303)861-7000 Fax(303)866-0200 Very truly yours, vvv.hro.com Denver HOLME ROBERTS & OWEN LLP Salt 6v Ci Boulde ty Boulder Colorado Springs London mes D. Butler Enclosures cc: Stanley F. Sessions, Weld County Assessor Weld County Board of Equalization 4744893v1 .4 scog9 (dose=,'/ CrE�iG/Q r- 7: O/ )C` ('A , s 2001-2429 u rvc r N, c tni o I v v H II m Holme Roberts & Owen LLP �1LI CH :K NO Attorneys at Law OPERATING ACCOUNT 270878 1700 Lincoln, Suite 4100 Denver,CO 80203 DATE August 21,2001 PAY a ? $ •••25.00«. Twenty-five and 00/100" ...»•..•.* «.....•*•..••*•*••••+•*•«•»*••»..+•• To Board of Assessment Appeals Holme Roberts&O LLP THE Attorneys a(LAW ORDER OF AGENT'.. n' 270878" t: 10 2 L009 La': 80 L 27003850 Holme Roberts&Owen LLP Payee: Board of Assessment Appeals Check*: 270878 Vendor ID: 00006121 Request# 199187 Check Date: Aug 21/01 Inv# Inv Date Narrative Inv Total 08/21/01 08/21/01 Filing fee for BAA petition for Eastman Kodak Company- $25.00 2001 Weld County property tax.JDButier Invoice Totals: $25.00 4 Safeguard REORDER FROM YOUR LOCAL SAFEGUARD DISTRIBUTOR.IF THE NUMBER HAS BEEN MISPLACED CALL 1-800523-2422 CA130368 PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use Date: August 21,2001 Docket Number PETITIONER, Eastman Kodak Company Name of Property Owner Y N FEE 9952 Eastman Park Drive,Windsor,Colorado 80551 Street Address,City,Zip Code of Subject Property Check No./Credit Card No. appeals the decision of the Weld X County Board of Equalization County Name _ County Board of Commissioners P F H _ Property Tax Administrator (check one) which was dated August 2,2001 . This appeal concerns: X Valuation For tax year(s) 2001 _ Refund/Abatement (Check one) _ Exemption State Assessed • CONCERNING COUNTY SCHEDULE NUMBER(S): 080726000039 (Account No.R0128087) If more than one schedule number is involved,please list on a separate page. TYPE OF PROPERTY: This property is currently classified by the County as: _ Commercial _ Residential (Check One) _ Agricultural _ Vacant Land Personal X Other(Specify) Industrial ACTUAL VALUE: Actual value of subject property for years in question as set by the County$94,007,444.00 I believe the actual value of the subject property should be$ 19,316,444.00 REPRESENTATION: Please check appropriate response(s) Petitioner will be present at the hearing X . Petitioner requests a telephone conference call (Petitioner will call on scheduled date at time of hearing.) Petitioner will be represented by an agent or a Colorado Attorney X ESTIMATED TIME FOR PETITIONER TO PRESENT THE APPEAL: Minutes or 37.5 Hours Not less than 30 minutes. Board will allow equal time to Respondent. ATTACHMENTS: The following documents MUST BE ATTACHED to your appeal in order for the Board to accept filing. 1) The decision being appealed 2) Assessor's Notice of Denial OR Notice of Valuation 3) If an agent is filing or representing you a notarized letter of authorization will be needed from the Petitioner. 4) Identify the names and last known addresses and telephone numbers of other parties "directly interested"in the petition including co-owners. CERTIFICATE OF MAILING _ Copy to each person identified in attachment 4 above I certify to the Board of Assessment Appeals that I have mailed or hand delivered X County Board of Equalization one complete copy of this appeal to the Weld County Board of Commissioners County in Greeley ,Colorado,on August 21,2001. Property Tax Administrator City Date (check one--should be the same as the decision being appealed) HOLM e : . .TS&OWEN LLP Eastman Kodak Company (C' cle On Agent or.'ome James D.Butler(16325) Petitioner's Signature 170t L ucoln St.,# i i 9952 Eastman Park Drive Mailing Address Mailing Address Denver,CO 80203 Windsor,CO 80551 City,State,Zip City,State,Zip Telephone: (303)861-7000 Telephone: (970)686-4585 BAA-I/REV.2001 Daytime number,please RESOLUTION RE: THE BOARD OF EQUALIZATION, 2001, WELD COUNTY, COLORADO - ADJUST VALUE IN PART PETITION OF: EASTMAN KODAK CO CORP TAX DEPT- ATTN MARK CAMARATA 343 STATE ST ROCHESTER NY 14650 DESCRIPTION OF PROPERTY: ACCOUNT #: R0128087 PARCEL #: 080726000039 - 23538 W2 26 6 67 & E2SE4 & E2W2NE4 & E2NE4 27 6 67 & N2NW4 35 6 67 &ALL 34 6 67 EXC N2NW4 & N2SW4 ALSO EXC REC #1524120 ALSO EXC BEG S4 COR SECS84D16'W438.07' N925'W2683.99' N13D20'W 35.38' N88D12'E 326.96' N75D09'E 90.32' S74D11'E 112.97' 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 2001, 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 2001, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner being represented by Tom Larkin and James Butler, 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 Board of Equalization,that the evidence presented at the hearing supported, in part, the value placed upon the property by the petitioner. The assessment and valuation of the Weld County Assessor shall be, and hereby is, adjusted as follows: 2001-2233 AS0049 _ _ RE: BOE- EASTMAN KODAK CO Page 2 ACTUAL VALUE AS DETERMINED ADJUSTED BY ASSESSOR ACTUAL VALUE Vacant Land $ 15,000,000 $ 12,280,000 Industrial 98,668,001 81,611,000 Agricultural Land 116,444 116,444 TOTAL $ 100,284,445 $ 94,007,444 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 thirty (30) days of this resolution: 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), CRS) Appeals to the BAA must be made on forms furnished by the BAA, and should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 523 Denver, CO 80203 Phone: 866-5880 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), CRS) OR 2001-2233 AS0049 RE: BOE- EASTMAN KODAK CO Page 3 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, CRS) Selecting the Arbitrator: In order to pursue arbitration, you must notify the CBOE of your intent. You and the CBOE select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located will make the selection. Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the CBOE are entitled to participate. The hearings are informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records,documents and other evidence. He 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., 2001. BOARD OF COUNTY COMMISSIONERS WELD COU , COLORADO ATTEST: diet1/'�,, cL (AYE) . J. eile, Chair Weld County Clerk to th:f bb. XCUSED Glenn Vaad, Pro-Tem BY: De uty Clerk to the Board �� i M1,//-,,L,a (NAY) Will H. Jerke APP O D AS RM: (AYE) vi ng ssi tan ynty Attorney (AYE) Robert . Masden 2001-2233 AS0049 NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. ct(\9\ 6471° 23538 W2 26 6 67 & E2SE4 & GREELEY,CO80631 PHONE E2W2NE4 & E2NE4 27 6 67 & N2NW4 35 (970)353-3845,EXT.3650 6 67 & ALL 34 6 67 EXC N2NW4 & N925' W2683 . 99' N13D20'W EXC BEG S4 COR SEC 635 . 38LO 438 . 07'COLORADO OWNER: EASTMAN KODAK CO EASTMAN KODAK CO LOG 2435 CORP TAX DEPT - ATTN MARK CAMARATA PARCEL 08072600003 343 STATE ST ACCOUNT R0128087 ROCHESTER, NY 14650 YEAR 2001 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): Commercial property is valued by considering the cost, market, and income approaches . 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 as follows: The value of your property is considered within proper guidelines for large industrial properties located around the continental United States based upon comparable sold properties in the past several years . PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW VACANT LAND 1500000 1500000 INDUSTRIAL 98668001 98668001 AGRICULTURAL LAND 116444 116444 • TOTALS $ $ 100284445 $ 100284445 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,39-8- 106(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. By: Stanley F. Sessions 06/27/2001 WELD COUNTY ASSESSOR DATE IS-DPT-AR Form PR-207-87/99 ADDITIO- \L INFORMATION ON REV! 'SE SIDE 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 6 for real property (land and buildings) and personal property (furnishings, machinery, and equipment) 39-8-104 and 39-8- 107(2), C.R.S. APPEAL PROCEDURES: If you choose to appeal the Assessor's decision, mail or deliver one copy of this compleated 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 , NOTIFICATION OF HEARING: You will he notified of the time and place set for the hearing of your appeal. COUNTY BOARD OF EQUALIZATION'S DETERMINATION: 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 6. TAXPAYER RIGHTS FOR FURTHER APPEALS: 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): Contact the BAA at 1313 Sherman, Room 315, Denver, Colorado 80203, (303)866-5880. 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, you must file an appeal with the Board of Assessment Appeals by September 12. 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, C.R.S., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. SIUNA I UHL Oh PEI I I TUNER UA I L In IIV. r. Ue ihTfy '3:, !irk. -x-� ♦ -- c • 25,2001 O • • .l`t:Wh0tu iMay Concern: . 7 IEast).Kodak Company located in Weld County,Colorado. Kodak has authorized I-of ne Roberts&Owen LL P,acting through any of its attorneys,to execute and file on Kodak's behalf and to prosecute as necessary any and all protests,abatement requests and appeals of the actual values assigned to Kodak's real and/or personal property located in Weld County,Colorado for property tax year 2001 and 2002. EASTMAN KODAK COMPANY • • Name: Mark S. Camaratu CPA, CMI Tide: Director, State and Local Taxes r. • is !i- ak fkc- r :e._ - ilx �-• ' tflvi E M1JAN KOCMK COMPANY - TE 343 SINE STREET - R0CHESR,NEW YORK UfF_A O�?�y (�1,fJ�,lty1 :Sgc: Hello