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Home My WebLink AboutR08-093 Equalizing Property Valuationf,~ ~-1 Ls~... Commissioner-~d moved adoption of the following Resolution: COUNTY BOARD OF EQUALIZATION COUNTY OF EAGLE, STATE OF COLORADO Resolution No. E2008 - ~ ~ ~ IN RE: EQUALIZING PROPERTY VALUATION THROUGHOUT EAGLE COUNTY WHEREAS, the Board of County Commissioners of Eagle County, Colorado, organized and convened as the Eagle County Board of Equalization for the purposes of adjusting, equalizing, raising or lowering the valuation for assessment of real and personal property within this county, fixed and made by the County Assessor for the year 2008; and WHEREAS, pursuant to C.R.S. 39-8-102, the County Board of Equalization shall review the valuations for assessment of all taxable property appearing in the assessment roll of the county; correct any errors made by the County Assessor; and, whenever in its judgment justice and right so require, it shall 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, the Assessor desires to adjust certain real and personal property that has not been previously appealed, for the purpose of correcting errors and equalizing the neighboring lands, more specially described in Exhibit "A" attached hereto and made a part hereof by this reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Eagle County, Colorado, acting as the Board of Equalization: THAT, the Board hereby enters orders with respect to the 2008 assessments of real and/or personal property in accordance with the adjustments set forth in Exhibit "A." THAT, the Board directs the Assessor to adjust the valuation as set forth in Exhibit "A," and directs the County Clerk to notify those property owners whose values shall be adjusted, as set forth in said Exhibit A, within five business days of the adoption of the resolution. THAT, the Board finds, determines, and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. -1 - MOVED, READ, AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, in its capacity as the County Board of Equalization, at its regular meeting held this 5 day of August, 2008. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS .Its capacity as The County Board of Equalization ~ ~,~~-~ By. * lri;~ „~ ~~ Teak J. Simo on, Clerk to ~*~ Peter F. Runyon, Chai The Board of County Commissioners By: a J. Fisher, Commissioner B' M. Monconi, Commissioner Commissioner ~-e.-~C.t~ ti. ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon ~ ~ Commissioner Sara J. Fisher -~ Commissioner Arn M. Menconi. a This Resolution passed by ~ / ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado, in its capacity as the Eagle County Board of Equalization. -2 - July 11, 2008 Honorable Board of Equalization Eagle Board of County Commissioners 500 Broadway Eagle, Co 81631 RE: Change in valuation to promote equity in Golf Courses in Eagle County Honorable Board: Pursuant to C.R.S. 39-8-102, the Eagle County Assessor is requesting value changes in the following properties for the assessment year 2008. The schedules involved in this request, and the Assessors determination are as follow: Schedule # Total Original Value Total New Value R057234 Land 1,070,150 1,070,150 Imp. 96,420 402,760 Total 1,166,570 1,472,910 R057242 . Land 1,661,990 ~ 1,661,990 Imp. 165,320 1,237,510 Total 1,827,310 2,899,500 Reason for request: Correction in Assessor generated valuation for R057234 and R057242 due to omission of the value attributed to golf hole improvement for the 9 completed holes at the Bri~htwater Golf Course on Gypsum Creek. Original value omitted the value associated with the golf hole improvement creating inequit among other courses in Eagle Count Thank you for your consideration in this matter. Sincerely, r 1. < N~,ark ~hapin~ ~ ~'' ~``~ Eagle County Assessor EXHIBIT COUNTY BOARD OF EQUALIZATION COUNTY OF EAGLE STATE OF COLORADO P.O. BOX 850, EAGLE, COLORADO 81631 August 6, 2008 CLEARWATER DEVELOPMENT INC 4000 GYPSUM CREEK RD GYPSUM CO 81637 Re: Notice of Valuation Change for Schedule Numbers R057234 and R057242 Dear Clearwater Development, Inc.: In reviewing the 2008 assessment roll, we discovered an error in your assessment. The assessor had originally omitted the value attributed to the golf hole improvements for the 9 completed holes at the Brightwater Golf Course on Gypsum Creek. Under authority granted the Eagle County Board of Equalization ("CBOE") in § 39-8-102(1), C.R.S., the CBOE adjusted your 2008 value as shown below: Assessor Original Value OBOE New Actual Value Schedule # R057234 Land: $1,070,150 $1,070,150 Improvement: $ 96,420 $ 402,760 Total: $1,166,570 $1,472,910 R057242 Land: $1,661,990 $1,661,990 Improvement: $ 165,320 $1,237,510 Total: $1,827,310 $2,899,500 In the event you wish to appeal the decision of the Eagle County Board of Equalization, you may select one of the three options outlined below and file within 30 days of the date of the Eagle County Board of Equalization's decision was mailed. BOARD OF ASSESSMENT APPEALS You have the right to appeal the County Board of Equalization's (CBOE) 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. C.R.S. 39-8-108(1). Appeals to the BAA must be made on forms furnished by the BAA, and must be mailed or delivered within thirty (30) days of the mailing of the decision by the CBOE to: Board of Assessment Appeals, 1313 Sherman Street, Room 315, Denver, CO 80203, Phone: (303) 866-5880. The forms are available on the Internet at www.dola.colorado.gov/baa/index.htm#. OR 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 maybe introduced at the district court hearing. Such hearing is the final hearing at which testimony, exhibits, or any other evidence may be introduced. If the decision of the district court is further appealed to the court of appeals, only the record created at the district court hearing shall be the basis for the court's decision. No new evidence can be introduced at the court of appeals. 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. C.R.S. 39-8-108(1). OR 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. C.R.S. 39-8-108.5. 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 (60) 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/she also has the power to administer oaths; and all questions of law and fact shall be determined by him/her. The taxpayer shall produce information to support his contention that the property should be valued differently, and the Assessor shall produce information to support the basis and amount of his valuation. C.R.S. 39-8-108.5(3)(b.5). 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, not including counsel fees, are to be paid as provided in the decision. In the case of residential real property, such fees and expenses cannot exceed $150.00 per schedule number. Very truly yours, ~~,~ ~ Christina Hooper Assistant County Attorney and Attorney for the Board of Equalization cc: Mark Chapin, Eagle County Assessor Ed Smith, RE Appraiser