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R85-55 representing assessor at Benchmark at Beaver Creek district court caset 3 Commissioner`/ __ moved adoption of the following Resolution BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE: STATE OF COLORADO RESOLUTION NO. 85-6 REPRESENTATION OF THE EAGLE COUNTY ASSESSOR - -- BENCHMARK AT BEAVER CREEK, et al. vs. BOARD OF ASSESSMENT APPEALS OF THE STATE OF COLORADO, et al. -- EAGLE COUNTY DISTRICT COURT CIVIL ACTION NO. 85CV476 WHEREAS; Ella Bindley, Eagle County Assessor, hereinafter referred to as the "Assessor ", has been named as a Defendant in the above - referenced complaint for judicial review of the decision of the Board of Assessment Appeals regarding Plaintiffs' petition for abatement or refund of taxes; and WHEREAS, pursuant to Section 20 -1 -105, C.R.S., the District Attorney, upon a request in the form of a resolution by the board of county commissioners of any county within his district, shall represent any county officer enumerated in Article 10 of Title 30, C.R.S., or the employees of any such officer, in the defense of any civil suit or civil proceeding brought against such officer in any court of this state or federal court if such action directly relates to the duties of the county officer; and WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "Board ", is also named as a Defendant in the above- referenced lawsuit, necessitating its representation by the Eagle County Attorney's office; and WHEREAS, during that portion of the abatement or refund proceedings relating to review of Plaintiffs' petition for abatement or refund by Eagle County officials, the Board and the Assessor advanced opposing positions as to said petition resulting in a conflict of interests which renders it impossible for the Eagle County Attorney's office to represent both County defendants to the subject lawsuit; and WHEREAS, in light of the conflict of interests arising from the diverse legal positions taken by the Board and the Assessor,. the Board deems it appropriate that the District Attorney for the Fifth Judicial District (hereinafter the "District Attorney ") assume the legal representation of the Assessor pursuant to the provisions of Section 20 -1 -105, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board has determined that the Eagle County Attorney's office cannot adequately represent Ella Bindley, Eagle County Assessor, in the above - referenced lawsuit by reason of a conflict between the respective positions taken by the Assessor and the Board with respect to the lawsuit. THAT; pursuant to Section 20 -1 -105, C.R.S., the Board hereby requests the District Attorney for the Fifth Judicial District to represent the Eagle County Assessor named as a defendant in the subject lawsuit. THAT, a copy of this Resolution shall forthwith be transmitted to the District Attorney and the Eagle County Assessor. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held on a ,I} day of <�� ��� COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF UNTY COMMISSIONERS By Clerk to the Boar o By DaviB t airman County Ck- mmissioners / u1 Q Don ld fi. Welch, Commissioner --2- T f Commissioner g Os +rtes -04 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner David E. Mott Commissioner Richard L. Gustafson gyp Commissioner Donald H. Welch TI /e This Resolution passed by 210 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -3-