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HomeMy WebLinkAboutR09-075 Extending BOE to August 11, 2009Commissioner moved adoption of the following lution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2009-_'~? RESOLUTION EXTENDING FOR THE YEAR 2009 THE TIME PROVISION FOR THE COUNTY BOARD OF EQUALIZATION TO CONDUCT HEARINGS AND RENDER FINAL DECISIONS WHEREAS, pursuant to the provisions of C.R.S. §39-8-102, the Board of County Commissioners of the County of Eagle, State of Colorado, acting in its capacity as the Eagle County Board of Equalization (hereinafter the "Board"), has the authority to review the evaluations for assessment of all taxable property appearing in the assessment roll of the County, correct errors made by the Assessor, and whenever in its judgment, justice and right so require, to raise, lower or adjust any valuation for assessment appearing in the assessment roll to the end that all valuations for assessment of property are just and equalized within the County; and WHEREAS, pursuant to the terms of C.R.S. §39-8-106, the Board is required to receive and hear petitions from any person whose objections or protests have been refused or denied by the Assessor; and WHEREAS, the Board has appointed five independent hearing referees who are experienced in property valuation to conduct hearings on the Board's behalf and to make findings and submit recommendations to the Board for its final action; and WHEREAS, C.R.S. §39-8-107 provides that the Board is to conduct such hearings until all petitions have been heard and is to render all decisions by the close of business on August 5, 2009; and WHEREAS, the Board has received such a large volume of appeals for tax year 2009 that it will be impracticable for the CBOE to complete all hearings and make all final decisions by that deadline; and WHEREAS, in order to afford every Petitioner who has lodged a timely appeal with the opportunity for a hearing, it is necessary to extend the timeframe during which hearings may be conducted and decisions may be rendered. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: r~ THAT, the Eagle County Board of Equalization shall have until the close of business on August 11, 2009, to conclude all hearings and render all decisions concerning the valuation of taxable real property. THAT, said decision will enable the County Board of Equalization to conduct hearings, to achieve equalization within the County and to provide each petitioner with due process. THAT, said decision is in the best interest of the taxpayers of Eagle County and shall not deprive any person within the County of his/her right to appeal the decision of the CBOE pursuant to C.R.S. §39-8-107. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this day of July, 2009. COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY ok~~y`f ATTEST: Teak J. Simonton, Clerk to' Board of County Commissioners COMMISSIONERS BY: Sara J. Fisher, airman F. Commissioner ~'"~~~~~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher Commissioner Peter F. Runyon Commissioner Jon Stavney This Resolution passed by ~ ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. w. ~ TERM SHEET 1) Requested hearing date: 7-27-2009 2) For County Mana ger sig nature: No 3) Requesting department: County Attorney 4) Title• ~" Resolution Extending for the Year 2009 the Time Provision for the County Board of Equalization to Conduct Hearings and Render Final Decisions. 5) Check one: Consent: X On the Record: 6) Staff submitting: Christina Hooper 7) Purpose: The Eagle County CBOE has received about 2,800 appeals for tax year 2009. Even with 5 hearing officers, it would be impracticable for the CBOE to complete all hearings and render all decisions by the August 4 deadline. This extension will allow the CBOE to set a hearing date for each petitioner and provide enough time for the hearing officers consider each petitioner and make appropriate recommendations. 8) Schedule: The deadline for the CBOE to render all of its final decisions will be extended from August 4, 2009, to August 11, 2009. 9) Financial considerations: n/a 10) Other: This item will be discussed during attorney update on July 26. ~ti~ c~~ ~ J O ~ ppP~tO ~y. Eag o t t orney' ice ~y: tagiE Cou Y ~O missioners' Office P~~-