HomeMy WebLinkAbout20001804.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 DAVE FINNMAN CORP TAX DEPT
343 STATE STREET
ROCHESTER, NY 14650-0904
DESCRIPTION OF PROPERTY: ACCOUNT #: P0014208 PARCEL #:
080721423001 - EQUIPMENT LOCATED AT DELINE BOX MFG
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:
2000-1804
CC; f/X f�.!� // S.e AS0046
RE.: BOE - EASTMAN KODAK COMPANY
Page 2
ACTUAL VALUE
AS DETERMINED
BY ASSESSOR
Land $ 0
Improvements OR
Personal Property 223,583
TOTAL ACTUAL VALUE $ 223,583
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)
2000-1804
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 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 1st day of August, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
�J WELD COUNTY, COLORADO
rifft (,):
IG� //, EXCUSED
, ' lG��7Barbara J. ' meyer, Chair
_a � Clerk tothe Board
. 2 _ . J. ile, Pro
®� duty Clerk to the Board Cc.
—__
rge E. Baxter
APPROVED AS TO FORM:
Dale K. Hall �C
A isSnorndL1
" 4/4-itt✓I� —
Glenn Vaad
2000-1804
AS0046
NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR
*1,1\,..."'.--fris's%wv‘
1400 NORTH 17th AVE.
EQUIPMENT LOCATED AT DELINE BOX MFG GREELEY,CO 80631
PHONE(970)353-3845,EXT.3650
COLORADO
OWNER: EASTMAN KODAK COMPANY
EASTMAN KODAK COMPANY LOG 2495
ATTN DAVE FINNMAN CORP TAX DEPT PARCEL 080721423001
343 STATE STREET ACCOUNT P0014208
ROCHESTER, NY 14650-0904 YEAR 2000
07/10/2000
The appraised valuee,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 determined 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 TD 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 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 223583 22358?
TOTALS $ $ 22,E $
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 Q7/10/2000
WELD COUNTY ASSESSOR DATE
15-DP'1'-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,p 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 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-•5881
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 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.:opy 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 i ualyses
A copy of the undersigned's written authorization to act for the taxpayer in this matter is attached to the Assessor protest.
EASTMAN OD NY
By: (, July 19, 2000
JIhNA. sV fib11l1UNhK VAIL
.es 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
Nfl0
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 U. Wright
(303)866-0696 On behalf of Eastman Kodak Company (the "Owner"), the owner of the personal.
wrightn@hro.cmn 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 Lam 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)861-7000 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.
4634611 vl
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
Attorn for the Owner \
1700 Linco Street, Suite 410
Denver, Colorado 80203
Attachments: Notice of Valuation
Letter of Authorization
C: Mr. Mark S. Camarata
4634631v]
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
P0002130 $ .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
P0008514 $ 19,490,295 $ 16,539,898 $ 4,134,975 $ 12,404,924
P0008515 $ 45,563,118 $ 41,170,105 $ 10,292,526 $30,9 '7,579
P0014208 $ 223,583 $ 225,659 $ 56,415 $ 169,2'4
P0018021 $ 19,676,044 $ 8,971,765 $ 2,242,941 $ 6,728,824
P0020594 $ 30,862,766 $ 18,820,131 $ 4,705,033 $ 14.1 15,098
Total $151,221,730 $ 118,561,572 $ 29,640,393 $88 921,179
JUN-27-00 TUE 11 :03 AM FAX NO. ' 02
Kodkk
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 Holine
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 Heinle 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
(p:\ca rru raN\00004msc.doc)
Kodak
EASTMAN KODAK CCMPANY • 343 srATE STREET • ROCHESTER, NEW YORK 14650 C; 30
JUN-23-00 FRI 02:31 PM HA it I . Uz
. 1*62'
. NOTICE OF VALtJA.TxION
PERSONAL PttQPCUT/ ,
Tbis is Not a Teri Rill
LEG DESCRIPTION': Starill F. Sessions
W ld °linty Assessor
EQUIPMENT I.00AlliD A T i)ELINE HnX MV04�U 17th v nua
Greeley, CO 30631
Date: June 15,2000
♦okAhiri.o .*arw+a' 14*Ssraxss mx...1)AADC 805 Uri, �G ATES; 6/15/00-7/5100
EASTMAN KODAK COMPANY 6 d AT1O� 1400 N 17th Avenue
ATTN DAVE FINUIMAN CORP TAX DEPT r aIcE HOURS: 8:30-4:00
vL 1RON1':NO: (970) 353-3845 x-3650
343 STATE R NYr14 .0 A4. O: (970) 351-0973
ROCHESTER NY 14650-0904
TA,'K YEAR: :woo
Tr1}},,,pp'rtEA 0420
PA _ L Nf3 13.0721423001 .. . -
g 7— -, ,I : ,• coo
i.Coe�sM1I'I ql I . I u..,. .. . :
PROI' ICTY PREflb" YEAR CIZRR !EN YEAId INCREASE/
CI,ASSINICATIOiN ACTUAL VALUE At. 1111.4 VALUE DEC. A5
PERS'PROF 272878 223583 -49295
11
272871 223533 4`)295 I
-_-.._-_-._._--__...----___.,-_._-_ . __ PaSCe1r 080721423001
• Act:aunt n' P001420g
To apixnl by :aril, list your name, arks Bess, and phone 4 below, detach the lower portion of th.s not.ca
and mail in accordance with instructior.s o1_ the reverse Rica toW:
County Assessor
1400 N. 17th Avenue, Greeley, CO 80631
An assessment percentage will he applied to the actual value of your property before taxes are
—. enlculateel. Personal property}is afsesse41 at 29% Kt tual'✓�iuz(34-1 l t'.4(-1 , C.R.S.).
Your properry y'alue January as of wary 1, of the curtert year :pc"currentear actual
value"
represents the actual or.m;rketvalur of your properly. The tax tic ice youzeceive next January from the '
treasurer will be based:en that value.
DOCUMENTATION - REASON FOR REQUESTING A REVIEW:
Vcritic;:iian: 1 the '.a:dersigned state the information and facts contained herein to be tree to the best )f n,y
lc:Loy:ledge -o trding the property.
Sign_.tur : . Owner/Agent Date:___-- — ----
Ad±es,s: Daytime Phone #:( . ) _ _—.—
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