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HomeMy WebLinkAboutR16-083 Assessor Generated Abatement Petition Commissioner P --1 Ae,_A moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Resolution No. 2016 - RESOLUTION CONCERNING HEARINGS ON TAXPAYER GENERATED PETITIONS FOR ABATEMENT AND REFUND OF TAXES BEFORE THE EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS, the Board of County Commissioners for Eagle County, Colorado (hereinafter referred to as the "Board") is responsible for hearing petitions for refund or abatement of property taxes pursuant to C.R.S. §§ 39-1-113 and 39-10-114; and WHEREAS, a petition for abatement has been submitted to the Board by a taxpayer for the purposes of correcting alleged erroneous valuations for assessment, irregularity in levying, clerical errors and/or overvaluations; and WHEREAS, said petition has been previously submitted to the Eagle County Assesor (the "Assessor") for consideration and recommendation; and WHEREAS, the Board has appointed an independent hearing referee experienced in property valuation (the "Referee") to conduct hearings on behalf of the Board, to make findings based upon testimony and evidence presented by taxpayers and Assessor's representatives, and to submit recommendations to the Board for its final decision; and WHEREAS, the Referee has submitted his recommendation to the Board for its final decision, the Board has considered such recommendation and such recommendation is attached hereto as Exhibit"A" and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Eagle County, Colorado: THAT, the Board hereby approves the recommendation of the Referee for the schedule number, the tax years set forth in the Referee's recommendation sheet attached hereto as Exhibit"A" and enters orders with respect to the petition for abatement in accordance with such recommendation. THAT, for each order issued by the Board in which an adjustment to the respective Petitioner's valuation is indicated, subject to approval by the State Property Tax Administrator where required by the terms of C.R.S. § 39-1-113(3), the Board directs the Assessor to adjust the valuation or take such other action as more particularly set forth in the recommendations set forth and attached hereto as Exhibit"A." AP 0 ED S TO,:pRM E `� Eagle County,Attorniy's ;tics: By: Eagle County Comniiss onvz'Office BE IT FURTHER RESOLVED, that a petition denied, in whole or in part,by the Board can be appealed to the Board of Assessment Appeals within thirty(30) days pursuant to C.R.S. 39-2-125. The appeal forms and instructions for appeal to the Board of.Assessment Appeals may be obtained from the Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 315, Denver, Colorado 80203. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado at its regular meeting held they V day of U U Urd t n— , 2016. gbatecort. OUNTY OF EAGLE, STATE OF S' , ] LORADO, By and Through Its h :BARD OF COUNTY COMMISSIONERS ATTEST: a ' . S U I_�1 1 G ��ORP• B �j1 Clerk to the oard of J e McQuee y County Commissioners air / Ji1/H. Ryan •mmissioner � Kathy Chandler-Henry Commissioner Commissioner (MC„ l(,,k.�,�L,‘-t seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney 4414. Commissioner Ryan k F Commissioner Chandler-Henry This resolution passed by /C) vote of the Board of County Commissioners of the County of Eagle, State of Colorado 2 w , Date: 9/22/2016 R063781 Parcel#2465-112-39-010 Owner: COLLINS, COLLEEN ESTELLE Basis of appeal (please check one): ❑ Valuation,® Classification,❑ Other—describe Original Value Assessment Rate Assessed Value Assessor's $332,770 29.00 % $96,500 Petitioner's Estimate $332,770 7.96 % $26,490 Referee's $ 332,770 29.00 % $96,500 Recommendation Classification: Commercial, changed to Residential on 1/1/2016 Abatement Tax Year(s) 2015 Recommendation (please check one): ® Denial, ❑ Partial Approval, ❑ Approval 2 9/29/2016 Willem van der Hoeven, Hearing Officer Date Exhibit A FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III or Section IV must be completed) Every petition for abatement or refund filed pursuant to §39-10-114,C R.S shall be acted upon pursuant to the provisions of this section by the Board of County Commissioners or the Assessor,as appropriate,within six months of the date of filing such petition,§39-1-113(1.7),C.R.S Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to$10,000) The Commissioners of County authorize the Assessor by Resolution No. to review petitions for abatement or refund and to settle by written mutual agreement any such petition For abatement or refund in an amount of$10,000 or less per tract, parcel,or lot of land or per schedule of personal property, in accordance with§39-1-113(1.5),C.R.S. The Assessor and Petitioner mutually agree to the values and tax abatementrefund of: Tax Year Tax Year Actual Assessed Tox Actual Assessed .T�x Original _. Corrected Abate/Refund Note:The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if applicable. Please contact the County Treasurer for full payment information. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date Section IV: Decision of the County Commissioners • (Must be completed if Section III does not apply) WHEREAS,the County Commissioners of Eagle County, State of Colorado,at a duly and lawfully called regular meeting held on 10 /18 /2016 ,at which meeting there were present the following members: Month Day Year Jeanne McQueeney, Kathy Chandler-Henry and Jill Ryan with notice of such meeting and an opportunity to be present having been given to the Petitioner and the Assessor of said County and Assessor Mark Chapin (not present)and Name Petitioner Colleen Estelle Collins (not present),and WHEREAS,the said Name County Commissioners have carefully considered the within petition,and are fully advised in relation thereto, NOW BE IT RESOLVED,that the Board(agrees)with the recommendation of the Assessor and the petition be(denied)with an abatement/refund as follows: 2015 $96,500 $0 Year Assessed Value Taxes Abate/Refund Year Assessed Value Taxes Abate/Refund o Ch(.erson of the Board o my Commissioners'Si. Teak Simonton County Clerk and Ex-officio Clerk of the and of County . • ' r• in and for the aforementioned county,do hereby certify that the above and foregoing order is truly .,�':.•r o. • record of the proceedings of the Board of County Commissioners. 4 O IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County C+ , f this_—f u day of 0GOi�J -- , 7/0I�D L �1 lµvt�t t0. oo Month Year . C unty Cler or Deputy Coun ignature Note: Abatements greater than$10,000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for view. Section V: Action of the Property Tax Administrator (For all abatements greater than$10,000) The action of the Board of County Commissioners, relative to this abatement petition,is hereby ❑Approved ❑Approved in part$ _ ❑ Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15-DPT-AR No,920-66/11 •R063781