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Home My WebLink About20001803.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 #: P0002130 PARCEL #: 080726000039 - BUSINESS COMPUTERS-POWER PLANT 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 be, and hereby is, affirmed as follows: 2000-1803 L'L': Act) /,'&71_," /& t AS0046 RE: BOE - EASTMAN KODAK COMPANY Page 2 ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 0 Improvements OR Personal Property 10,877.067 TOTAL ACTUAL VALUE $ 10,877,067 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) 2000-1803 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 Couri 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 raJE11.40 WELD COUNTY, COLORADO EXCUSED Barbara J. rkmeyer, ChairI� � � ��, y Clerk to the Board �� 14 e4 - - M. J. Orile, Pro-Ter eputy Clerk to the Board Cc' G3orc:ee E. Baxter APPROVED AS TO FORM: \, C Dale K. Hall A scant C my Attorney 'Saar //Grtd Glenn Vaad 2000-1803 AS0046 NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR ( icy('d.,\ 1400 AVE. NORTH th\\ BUSINESS COMPUTERS-POWER PLANT GREF.LE C Y,008063063 1 PHONE(970)353-3845,EXT.3650 11`P€ COLORADO OWNER: EASTMAN KODAK COMPANY EASTMAN KODAK COMPANY LOG 2493 ATTN CORP TAX DEPT PARCEL 080726000039 343 STATE STREET ACCOUNT P0002130 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 has 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 has del ei mined the valuation(s)assigned to your property. The reasons for this determination of value are: NO 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 VALUE. 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 valLie changes. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW LAND o a IMPS 10877067 1. &77067 TOTALS $ $ $ Iue//U67 1087'7067 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 —_— WELD COUNTY ASSESSOR u//10/2000 DATE 15-OPT-AR Form PR-207-87/99 ADDITIONAL INFORMATION ON REVERSE SIDE . _�-C`Z) `• 3 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. 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 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 Equaliz Lion, 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 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. The taxpayer disagrees with the Assessor's valuation for the reasons set forth in the taxpayer's protest to the Assessor. A cop' of that protest is attached to this petition. The taxpayer's opinion of value is stated in the Assessor protest. The taxpayer has retained experts to evaluate the taxpayer's property, and the taxpayer reserves the right to revise its opinion of value after those experts have completed their analyses. A copy of the undersigned's written authorization to act for the taxpayer in this matter is attached to the Assessor protest EASTMA OAK COMPANY By: July 19 200i! • FJN�1( UA I b \ /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 -II 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 II. Wright (303)866-0696 On behalf of Eastman Kodak Company (the "Owner"), the owner of the personal ,,,right,@hro.ronr 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. .80203-4541 Tel(303)861-1000 In general, the reasons for our protest are as follows: Fax(303)866-0200 www.hro.com 1. Your office has assigned actual values to the Property as outlined 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 the detailed information provided by Kodak's consultant, Palmer- Kern Company. 4634637 vi Holme Roberts &Owen LIP 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 Attorn for the Owner 1700 Linco Street, Suite 410 Denver, Colorado 80203 Attachments: Notice of Valuation Letter of Authorization C: Mr. Mark S. Camarata 463463'vi 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 PO002130 $ .10,877,067 $ 10,533,556 $ 2,633,389 $ 7 900,167 P0O08512. $ 24,528,857 $ 22,300,458 $ 5,575,115 $ 16.725,344 P00O8514 $ 19,490,295 $ 16,539,898 $ 4,134,975 $ 12 404,924 P0008515 $ 45,563,118 $ 41,170,105 $ 10,292,526 $30 877,579 P0014208 $ 223,583 $ 225,659 $ 56,415 $ 169,244 P0018O21 $ 19,676,044 $ 8,971,765 $ 2,242,941 $ 6 728,824 PO020594 $ 30,862,766 $ 18,820,131 $ 4,705,033 $ 14 "15,098 Total $151,221,730 $ 118,561,572 $ 29,640,393 $88,921,179 .UN-2;-30 TUE 11 .03 Ail Fra ia0, Kodak June 27, 2000 To Whom It May Concern: Eastman Kodak Company("Kodak") is the owner of certain personal property located in Weld County, Colorado, including without limitation the personal property included in Weld County, account numbers P0002130,P0008512, P0008515, P0008515, P0014208, P0018021 and P0020594. Kodak has authorized Hohne Roberts & Owen LLP, 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 personal property located in Weld County, Colorado, including without limitation the personal property included in Weld County under previously listed account numbers for property tax year 1999 and 2000. Further, this authorization extends to any and all experts,consultants or appraisers retained by Holm°Roberts and Owen LLP, including but without limiting such authority, to Palmer-Kern Co. and Consultus Asset Valuation, Inc and its employees and agents. EASTMAN KODAK COMPANY By Name: Mark S. Camarata Title: Director, State and Local Taxes (pscs ma ramWo ooamadnc) Kodak r.: rbmGLc'a EASTMAN KODAK COMPANY • 343 srATP STREET • ROCHESTER, NEW YORK 14650 ` j �Zl Jun-C3-1.11.1 hit uz•» ril rIA Nu. r. ut - 14624 Nona pl ye JATION YROPj , ' Ibis Is io't a Tax l LEGAL DESCRIPTION: Stanley F. Sessions BUSINESS COMPUTERS-POWER PLANT Weld County Assessor 1400 N. 17th Av ntre Cireeley, CO 80631 Date: June 15..2000 EASTMAN KODAK COMP4NY t' JNGr DATES: 6/Is/00-17/5/00 ATTN CORP TAX DEPT r� 1 N: 1400N 17th Avenue 343 STATE STREET ' (.E OURS: 8:30-4:00 ROC€STER NY 14650-0904 �4HONE NO: (970) 353-3845 x-3650 FAX NO: (970 351-0978 TA16'I AR: 2000 IA_es AKEA: 0400 R EL NO; 080726000039 A,CCO:11S1T Nt): P0002130 Ca 11 IC 1 ioN 1 i P IC 'V� 17 f: ��t I C� 6 I igkr All PERS PROP 14 i 1102104 1h77067 -225037 TOTAL;.., 11102104 10577067 -225037 ...__ P a ce1# 050726000039 AccoLnt ,' P0002130 To appcal'by mail, list your mute, address, and phone r'below, detach the lower portion of this notice andrttail in accordance with instructions on the reverse side to: Weld County Assessor 1400 N. 17th Avenue, Greeley, CO 80631 An asscssinent percentage will be applied to the actuil.i value of your property before taxes are calculates!. Personal prgparty is 8.ssfs:eti at 29'% of actual val+ e.(39. R,1104(1),( S)_, - i' •4, I ,i I, iii li I 'our proOcrty Naavalit4liaS o'I'Janu January 1 Of the curr�'&S!year The, `cureit year actual value" represents the actlaal or inatkci*'Laltue of you property. The LtL uoticc you receive next January from the trcasurer Will be based on that value. DOClll'IENTATION - REASON FOR.REQUESTING A REVIEW: 'Verification: I the undersigned state the information and facia contained herein to be true to the best of my knowledge regarding the property. Signature: Owner/Agent Date: Address: - Daytime Phone ft:( ) _ Hello