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HomeMy WebLinkAbout20012519 Holm Roberts &Owen I P 'T l ^: ?t? HI] August 27, 2001 Ms- iane DeVries Admi ' ator Board of essment Appeals 1313 Sherm treet, Room 315 Denver, Colora 80203 Re: Kodak Polychrome Graphics v. Weld County Board of Equalization Norman H. Wright (303)866-0696 Dear Ms. DeVries: wrightn@luo coin Enclosed for filing with the Board of Assessment Appeals is a Petition in Appeal Attor �� for Kodak Polychrome Graphics. The Taxpayer and the County are working to settle this matter. We would appreciate your not setting this matter for hearing 1700 Lincoln Street until after February 1, 2001. Suite 4100 Denver,Colorado In addition, I am not available for hearing May 29, 2002 until June 12, 2002 and 80203-4541 Tel(303)861-7000 I am not available June 20, 2002 until June 25, 2002. Thank you. Fax(303)866-0200 untnahro.com Very truly yours, Denver Salt Lake City Boulder Colorado Spring. Norman H. Wright London NHW:dk closure C: Weld County Board of Equalization Bruce Barker, Weld County Attorney Weld County Assessor 4745928 vi ASOOL 1 Cnnsenf agerickt, qr., As CA 2001-2519 9-S- - PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use Date: August 27, 2001 PETITIONER, Kodak Polychrome Graphics L.P. Docket Number Name of Property Owner Y N FEE One LithoPlate Drive, Windsor, CO 80551 Street Address,City,Zip Code of Subject Properly Check NOJCredit Card No. appeals the decision of the Arapahoe ✓ County Board of Equalization P F H County Name _ County Board of Commissioners Property Tax Administrator which was dated August 2, 2001 (check one) This appeal concerns: ✓ Valuation For tax year(s) 2001, taxes paid in 2002 _ Refund/Abatement _ Exemption State Assessed - (Check One) CONCERNING COUNTY SCHEDULE NUMBER(S): P0008513 If more than one schedule number is involved,please list on a separate Pa9e,._ TYPE OF PROPERTY: This property is currently classified by the County as: _ Commercial _ Residential (Check One) _ Agricultural _ Vacant Land :'` ✓ Personal Other(Specify) En ACTUAL VALUE: Actual value of subject property for year in question as set by the County$ $21,569,171 I believe the actual value of the subject property should be$ $16,176,878 REPRESENTATION: Please check appropriate response(s) Petitioner will be present at the hearing ✓ 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 V ESTIMATED TIME FOR PETmONER TO PRESENT THE APPEAL: Minutes or 6 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) Assessors 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 ✓ County Board of Equalization one complete copy of this appeal to the Weld County Board of Commissioners County in Greeley Colorado on Auaust 27. 2001 — Property Tax Administrator (check one-should be the same as the City Date ecision e' g appealed) Holme Roberts& Owen LLP, Norman H Wrigt (Circle One) Agent o(Attomejf) Petit nets • ature --� t3 1700 Lincoln St., Ste.4100 1/44ory- fi Mailing Address Mailing Address ""�\ Denver, CO 80203 City,State,Zip - City.State,Zip Telephone: (303) 861-7000 Telephone: fl.A-,msv.zmt Daytime number,please RESOLUTION RE: THE BOARD OF EQUALIZATION, 2001, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: KODAK POLYCHROME GRAPHICS AMERICAN TAX ASSOCIATES, INC 31 E WHITTIER STREET COLUMBUS OH 43206 DESCRIPTION OF PROPERTY: ACCOUNT #: P0008513 PARCEL #:080726000039 - PLATE MANUFACTURING & PLATE II 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 Jim 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 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 21,569,171 TOTAL $ 21,569,171 2001-2232 pa : As, KocQ cd1 AS0049 RE: BOE- KODAK POLYCHROME GRAPHICS 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), 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 attomey 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 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. 2001-2232 AS0049 RE: BOE - KODAK POLYCHROME GRAPHICS Page 3 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 WELDD COCU , COLORADO 'i'�f ATTEST: EL# i1 ��� 1�1I ✓ La M. J. eile, Chair Weld County Clerk to th=t:o. . • Ewa% iii � ? ; �i EXCUSED Glenn Vaad, Pro-Tern BY: Deputy Clerk to the-"r�'' � <n ♦ �� Willia Jerke APQR, VE AST • l / 4 vi E. g ik\(a ssistant tyAttomey � Robert D. Masden 2001-2232 AS0049 NOTICE OF DENIAL - OFFICE OF COUNTY ASSESSOR.. 6� PLATE. MANUFACTURING & PLATE II 1400 NORTH 17th AVE, GREELEY,CO 80631 PHONE(970)353-3845,EXT.3650 woe .• COLORADO OWNER: KODAK POLYCHROME GRAPHICS COLORADO KODAK POLYCHROME GRAPHICS LOG 4986 AMERICAN TAX ASSOCIATES, INC PARCEL- 08072600003 31 E WHITTIER STREET ACCOUNT P0008513 COLUMBUS, OH 43206 YEAR 2001 e appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has determined that ur property should be included in the following category(ies): your concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts)hold budget wings 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. e Assessor has carefully studied all available information,giving particular attention to the specifics included on your protest.and has determined the uation(s)assigned to your property. The reasons for this determination of value are a5 follows: - - change has been made to the valuation of this property. Colorado law require to send this notice of denial for all properties on which we do not adjust th lue. PETITIONER'S . ASSESSOR'S VALUATION PROPERTY CLASSIFICATION - - ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW 'AFTER REVIEW PERS PROP 21569171 21569171 23.369171 215691,-1 TOTALS S S S I APPEAL DEADLINES: REAL PROPERTY-JULY 16,PERSONAL PROPERTY-JULY 20. ,ou disagree with the As`sessor's decision,-you have the right to appeal to the County Board of Equalization for further consideration,39-8- i(I)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. 07/25/2001 Stanley F.Sessions ,WELD COUNTY ASSESSOR DATE DPT-AR - - 25 Hello