The URL can be used to link to this page

Browse Search

Home My WebLink About20001802.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2000, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: EASTMAN KODAK COMPANY ATTN CORP TAX DEPT 343 STATE STREET ROCHESTER, NY 14650-0904 DESCRIPTION OF PROPERTY: ACCOUNT #: P0008515 - SENSITIZING 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 2000, 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 2000, 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 Norman Wright, Holme Roberts and Owen, LLP, 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 he, and hereby is, affirmed as follows: 2000-1802 AS0046 cc : PC7� /'“tio ,15Ls;C' RE: BOE - EASTMAN KODAK COMPANY Page 2 ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 0 Improvements OR Personal Property 45.563 118 TOTAL ACTUAL VALUE $ 45,563,118 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 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 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) 2000-1802 AS0046 RE: BOE - EASTMAN KODAK COMPANY Page 3 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 Cowl 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 1st day of August, A.D., 2000. BOARD OF COUNTY COMMISSIONERS Pla/th WELD COUNTY, COLORADO -- EXCUSED } �s j° Barbara J. Kir Byer, Chair • rk to the Board i IFq . J. ile, ro-Ter _ Clerk tote Board G r e E. Baxter APPROVED AS TO FORM: • Dale K. Hall As4tant C yity Attorney Stal Glenn Vaa 2000-1802 AS0046 6 NOTICE OF DENIAL OFFICE OF COEN fl ASSESSOR b..'� 1400 VE GREELEH 17COh 3650 SENSITIZING GREEI.EY,C 80631 PHONE(970)353-3845,EXT.3650 ink COLORADO OWNER: EASTMAN KODAK COMPANY EASTMAN KODAK COMPANY LOG 2498 ATTN CORP TAX DEPT PARCEL 343 STATE STREET ACCOUNT P0008515 ROCHESTER, NY 14650-0904 YEAR 2000 07/10/2000 The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor har determined that your property should be included in the following category(ies): 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 ha;det.trnined the valuation(s)assigned to your property. The reasons for this determination of value are: NC) CHANGE HAS BEEN MADE TO THE VALUATION OF THIS PROPERTY. COLORADO LAW REQUIRES US TO SEND THIS NOTICE OF DENIAL FOR ALL PROPERTIES ON WHICH WE DO NOT ADJUST THE Due to the fact that we are having a meeting on July 19, 2000, regarding all personal property accounts involving Kodak, we will wait till after all information is presented to make a decision regarding value changes. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW LAND 0 0 IMPS 45563118 455=3118 TOTALS $ $ $ 45563118 4556"M 1.8 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 tiling your appeal. By:: Stanley F. Sessions WELD COUNTY ASSESSOR 07/10/2000 DATE l5-DPr-AR Form PR-207-87/99 ADDITIONAL INFORMATION ON REVERSE SIDE YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION The County Board of Equalization will sit to hear appeals beginning July 1 and continuing through August 5 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, you must appeal to the County Board of Equalization. 7 To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE.JULY 15 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 be 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 their hearings by August 5. TAXPAYER RIGHTS FOR FURTHER APPEALS: If you are not satisfied with the County Board of Equalization's decision you must file within thirty da. s 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 10. 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 ACCORDANC E. WITH 39- 8-106, C.R.S., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOI I AR AMOUNT. Attach additional documents as necessary. The taxpayer disagrees with the Assessor's valuation for the reasons set forth in the taxpayer's protest to the Assessor. A copy of that protest is attached to this petition. The taxpayer's opinion of value is stated in the Assessor protest. The taxpayer has retained axpens to evaluate the taxpayer's property, and the taxpayer reserves the right to revise its opinion of value after those experts have comple ed t heir analyses. A copy of the undersigned's written authorization to act for the taxpayer in this matter is attached to the Assessor protest. EASTMAN KODAK COMPANY . By: (I. -� July 19, 2000 Sol l tic b II IDNER DALE ---- - -- C James D. Butler(#6325) Holme Roberts&Owen LLP, 1700 Lincoln St., #4100, Denver, CO 80203, (303) 861-7000 Attorneys for Petitioner Holme Roberts & Owen LLP June 30, 2000 By Certified Mail Mr. Stanley F. Sessions Weld County Assessor 1400 North 17th Ave. Greeley, Colorado 80631 Re: 2000/01 Property Tax Valuation Protest Schedule No. P0002130 and 6 others Owner: Eastman Kodak Company Nature of Property: Personal Dear Mr. Sessions: Norman IL Wri„ht (303)866-0696 On behalf of Eastman Kodak Company (the "Owner"), the owner of the personal wrightn@hro,ra"i property consisting of machinery, equipment and furniture located in their facility in Weld County (the "Property") included in the referenced Weld County schedule numbers as set forth in the seven attached Notices of Valuation, we are Attorneys at Law presenting this written letter of objection and protest pursuant to C.R.S. section 1700 Lincoln Street 39-5-122(2) to the value your office has assigned to the Property for purposes of suite 4100 2000 property taxes payable in 2001. A copy of our written authorization to act -Denver,Colorado for the Owner is attached. c80203-4541 'Tel(303)861-7000 In general, the reasons for our protest are as follows: Fax(303)866-01?00 mmm.hro.com 1 Your office has assigned actual values to the Property as outlines Denver on the Attachment to this Protest. Salt Lake City Boulder 2. Based upon our review, we believe that the actual value of the Colorado Springs Property should be as also summarized on the Attachment. London 3. Kodak is protesting this assessment for the following reasons: a. The Assessor has failed to reclassify the property pursuant to tie detailed information provided by Kodak's consultant, Palmer- Kern Company. 0634637 v Holme Roberts &Owen LLP Mr. Stanley F. Sessions June 30, 2000 Page,2 b. The Assessor's value on certain accounts use a thirteen year life rather than a ten year life as directed by the Colorado Department of Property Taxation. c. Kodak equipment by virtue of its age, use and technological nature is entitled to obsolescence adjustments for all related causes and types. We are available to meet with you or your representative at a mutually convenient time to discuss the Property's valuation and to provide you with additional information if that would assist in setting the correct actual value. Enclosed is a copy of this letter. please date stamp and return it in the envelope provided. Please send correspondence and your notice of adjustment to the undersigned. HOLME ROBERTS & OWEN LLP By: Norman H. Wright, #30625 Attom for the Owner 1700 Linco n Street, Suite 410 Denver, Colorado 80203 Attachments: Notice of Valuation Letter of Authorization C: Mr. Mark S. Camarata 463163'v Eastman Kodak Company Attachment to 2000 Personal Property Protest Weld County Appeal Summary Account Number Assessor's Value Taxpayer Value Obsolescence Requested Gross Estimate Actual Value P0O02130 $ .10,877,067 $ 10,533,556 $ 2,633,389 $ 7,300,167 P0008512 $ 24,528,857 $ 22,300,458 $ 5,575,115 $ 16 725,344 POO08514 $ 19,490,295 $ 16,539,898 $ 4,134,975 $ 12 404,924 POO08515 $ 45,563,118 $ 41,170,105 $ 10,292,526 $30877,579 P00142O8 $ 223,583 $ 225,659 $ 56,415 °i 139,244 P0O18021 $ 19,676,044 $ 8,971,765 $ 2,242,941 5 6 728,82.4 P0020594 $ 30,862,766 $ 18,820,131 $ 4,705,033 5 14 115,098 Total $ 151,221,730 $ 118,561,572 $ 29,640,393 :5 88 921,179 • JUN-Ci-UU 1. 1 12;.19 rn rnn nu. I . ul . I' 1402" 1 N 'rIf L OF YAl. ATION his If: pit a 7'^_:t 13ai? LEGAL DESCRIPTION: Stankz E. Sessions 400 iV'olgth Avenvsor SEN51'1'TLiDtG Greeley, CO 80631 Date: June 15, 2000 EASTMAN KODAK COMPANY I r Ie FNSc+ DATES: 6/15/00 • E -7/5/00 AL f.AT ON: 1400 N 17th Avcnuc 343 STATE STP 'EXDEPT r-U sIOURS; R_30-440 343 STREET f 41ONE [dO: 970 353-3845 x-3650 ROCHf?STEPi NY 14650.0904 Ji NO: k970) 351-0978 TAX YEAR: 2000 TAX AREA: 0400 eCd R -CCO T NO: Pcionssis YROV RTY` ; .i. -•I ITZRE`'T YEAR; --INCREASE: - _.- 1 i i it � ". CLASSIVICATION F, 'ACTQA ' 'N AI t ACTUAL VALUE DE AS 1 PERS PROP i 1 ' 45594873 45363118 -3831755 i .f f. I I TOTAL 493941873 45563118 -3831755 ;i —�.__--.._— -sW=.---..--a:.::..:aim,-ssc—T...rr....vsz _.__ .. . uWC- _.__:._ i arceiaf Account if P00085T5 To appeal by mail, list your name, address, and phone 4 below, detach the lower portion of this not'ce and mail to 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. Personal property is assessed at 29% of actual value (39-1-104(1), C-R.S.). . _. Your propctty,-i s valved as of January 1 of the curra:zt.year.._1'hc".cureent year,actual,value" , , reproscnt:i the actual iii mark&'atue. of your. propel:!. The tint notice you'rece:ve next January from ihc; i'r treasurer will be'based on that value. DOCUMENTATION -REASON FOR REQUESTING A REVIEW: Verification: I the undersigned state the information and facts contained herein to he true to the best of my knowviec.ge regarding the property. Signature: . Owner/Agent Date: - __ - _ _ _— Aduress:_- _ - - Daytime Phone #:( )__ ..- _ ___ . Holme Roberts &Owen LLP y tvl' r� y CC July 19, 2000 I� Certified Mail Return Receipt Requested Weld County Board of Equalization P.O. Box 758 Greeley, CO 80632 Re: Petitioner--Eastman Kodak Company Weld County Personal Property Tax (Tax Year 2000) Account Nos. P0002130, P0008512, P0008514, P0008515, P0014208, P0018021 and P0020594 Parcel Nos. 080721423001 and 080726000039 James D.Butler Ladies and Gentlemen: (303)866-0449 burled(& ro.torn Enclosed are seven Petitions to the County Board of Equalization (one for each account number listed above) for filing with your office. A letter authorizing this firm to represent Eastman Kodak Company in this matter is attached to the petition. Attorneys at Law Please send the notice of hearing for this matter to me at the above address. 1700 Lincoln Sleet Suite 4100 Thank you for your assistance in this matter. Denver,Colorado 80203-4541 Very truly yours, Tel(303)861-7000 Fax(303)866-0200 HOLME ROBERTS & OWEN LLP rvmuahro.com Denver Salt lake City ( Boulder awes D. Butler Colorado Springs London JDB/pg Enclosures cc: Mr. Mark Camarata Mr. Tom Larkin #639451 vl • 4 CLERK TO THE BOARD PHONE (970) 3564000 EXT 4217 35 FAX: (303) 352-! 24 ? WEBSITE: www.co.weld.Go.us 915 10TH STREEr P.O. BO) 758 C. GREELEY, COLORADO 8063? COLORADO June 21, 2000 Parcel No.: 080726000039 Account No.: P000213.) Parcel No.: - - Account No.: P0008512 Parcel No.: - - Account No.: P0008514 Parcel No.: - - Account No.: P0008515 Parcel No.: 080721423001 Account No.: P0014208 Parcel No.: 080726000039 Account No.: P0018021 Parcel No.: 080726000039 Account No.: P0020594 EASTMAN KODAK COMPANY ATTN CORP TAX DEPT 343 STATE STREET ROCHESTER NY 14650-0904 Dear Petitioner(s): The Weld County Board of Equalization has set a date of Tuesday,August 1, 2000, at or about the hour of 1:00 PM, to hold a hearing on your valuations for assessment. This hearing will be held at the Weld County Centennial Center, 915 10th Street, Greeley, Colorado, in the First Floor Hearing Room. You have a right to attend this hearing and present evidence in support of your petitions. 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 petitions, 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 5, 2000, and mailed to you on or before August 10, 2000. 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 At least two(2)working days prior to your hearing the Assessor will have available, at your request the data supporting his valuation of your property. EASTMAN KODAK COMPANY - P0002130 Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need al y additional information, please call me at your convenience. Very truly yours, BO kRD OF E UALI TION Donald D. Warden, Clerk to the Board BY: (,; f Carol A. Harding, Deputy N, cc: Stanley Sessions, Assessor JAMES BUTLER HOLME ROBERTS & OWEN, LLP 1700 LINCOLN STREET SUITE 4100 DENVER CO 80203-4541 Hello