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File #: 22-638    Version: 1
Type: Resolution Status: Passed
File created: 10/26/2022 In control: Board of County Commissioners Business Meeting
On agenda: 11/8/2022 Final action: 11/8/2022
Title: Approval of a Stipulated Abatement Reduction
Attachments: 1. Board Summary Report, 2. Resolution
To: Board of County Commissioners

Through: Ronald A. Carl, County Attorney, County Attorney's Office

Prepared By:
prepared
Karen Thompsen, Paralegal, County Attorney's Office
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Subject:
title
Approval of a Stipulated Abatement Reduction
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Purpose and Request:
recommended action
The purpose of this request is for the adoption of a resolution approving the following abatement/refund as recommended by the Assessor's Office and expressly agreed to by the respective taxpayer, along with the taxpayer's express waiver of their right to a hearing before the Board's appointed referee.

Petitioner
Parcel Number
Year
Refund
Gemini Mountain Medical LLC
27299-78552-001
2021
$703,716.623
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Background and Discussion: Though C.R.S. ? 39-1-113(1) provides that the Board cannot enter a decision on an abatement petition unless a hearing is had thereon except in the case of a petition for abatement or refund in the amount of ten thousand dollars or less that is settled by written mutual agreement between the taxpayer and Assessor's Office, this petitioner has executed an express waiver of their right to a hearing and stipulated to the Assessor's recommended abatement/refund approval. Accordingly, the Board may enter its decision approving this stipulated abatement/refund. The abatement/refund has been recommended by the Assessor's Office and expressly agreed to by the taxpayer.

Alternatives: The Board can deny this abatement, in which case petitioner is likely to file for further appeal with the Board of Assessment Appeals.

Fiscal Impact: A portion of the taxes collected on the properties for which abatements have been approved will need to be reduced and/or refunded if already paid, along with the payment of statutory interest on the refunded amounts as specified in C.R.S. ? 39-10-114.

Alignment with Strategic Plan:
?Be fiscally sustainable
?Provide essential and mandated service
?Be community focused

Concurrence: The Assessor's Office and the...

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