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HomeMy WebLinkAboutbocc.res.087.2008~~,'~ ~Sq~~ (FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY) RESOLUTION OF COUNTY COMMISSIONERS Resolution No. Q~7 a06~ ~K Gtv h1~S5~~~/~rS Section I: In accordance with 39-1-113(1.5), C.R.S., the commissioners of Pitkin County authorize the assessor 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 one thousand doliars or less per tract, parcel, or lot of land or per schedule of personal property. The assessor and petitioner mutually agree to an assessed value and tax abatement/refund of: Tax Year Value Tax Original Corrected Abate/Refund PLEASE 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 YOUR COUNTY TREASURER FOR FULL PAYMENT INFORMATION. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date I If Section I is not complete and/or if petition is for more than $1,000, Section II must be completed. Submit an I original petition and a copv to the Division of Propertv Taxation. Section II: Assessor's recommendation: ^ Approved or ^ Approved in part $ No protest filed in or .(If a protest was filed, please attach a copy of NOD.) ^ Denied for the following reason(s): Assessor's or Deputy Assessor's Signature Section III: WHEREAS, The County Commissioners of Pitkin County, State of Colorado, at a duly and lawfully called regular meeting hefd on ?f l/3 !U ~, at which meeting there were present the following ~~~ J~'4 S~aY Y~ ~- /!~~ members°~'•'F~`"~/~L ~ Tax Year Value Tax ~ Q with notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County and Assessor Tom Isaac (being presen not present) nd Name petitioner ~~Ulv hI~SS ,~~~ill~S (beingpresen notpresent 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 does not agree) with the recommendation of the assessor and the petition be approve denied) and an abatement/refund be approve eniedJ for property tax year(s) "~QOE, and ~00 . The taxes to be abated/refunded for property tax year 10d ~ are $~~~($ . 2~, which represents an assessed value of $ 5~{ 1~v and the taxes to be abated/refunded for property tax year 20t7-1 are $~} OSb . O~ which~represents an assessed value of ~ ~l ~, , , ~ / J , ~ ~ , C irp rson of the Boar ;of County Commissioners' Signature I, c"-).2lit-Gf~tf~ ~X/y1~ S County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the aforementioned county, do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF, I h~ye hereunto set r at ; 3d , this /5~ i day of ~ Time Date Denver, Colorado, Month Day Year The action of the Board of County Commissioners, relative to the within petition, is hereby ^ Approved; ^ Approved in part $ ;^ Denied for the following reason(s): Secretary's Signature G.1US R1...IABATEIFO ftM R EV2 Property Tax Administrator's Signature ACTION OF THE PROPERTY TAX ADMINISTRATOR PETITiOhi FOR ABATEMENT OR REFUND OF TAXES County: ~~~ , v~ Section I: Petitioner, please complete Section l only. Date: 5 Z~b Z.Ubg Month Day Year '11i`~' '~ ~' {`~~1~~~ ~~~ ' ~w' '4 ~ir0~,1i:~'~rp ~' ~~~~~~~~~' . Petitioner's Name: ~he~w~nna~h tbl~ ~~ .~.t.-C~ ~( b~`~V1~~d~"" Q~~~ ~ Petitioner's Mailing Address: ,\~6~1 1 i D U~ r~ in ~j~Ur~ . '1 i~ -r~ r• C- A ~14°1~.b City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL qESCRIPTfON OF PROPER 15°t~~ n~ ' 1~ N~at ~-; ~. C Petitioner states that the taxes assessed against the above property for property tax year(s) 7..006 and_~QO? are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. Attach additional sheets if necessary. 7~U~ b~~ oo `'~ a~ue~, were rer~u ~e~ ~fl acto ~~-~~r ~a~e ~eaSe~. ~v ~.. e~Ca~. a~ ~~aw v+n a55 F~ ~ Il c~ e w~.; c.~. S~ov~~~, ~au~ bee~,• e~e~~~ . ~c~ ~~~~,.ed . . Petitioner's esfiimate ofi value: $~`j`$~ 4 100 c Zo~ 6~ and $~. S~ll„~ ~lDO ( 7,06~' ) Value Year Value Year Petitioner requests an abatement or refund af the appropriate taxes. I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits or statements, has been prepared or examined by me, and to the best of my knowledge, information and belief, is true, correct and complete. Daytime Phone Number l ) Petitioner's Signature BY. AgenYs Sig~ature* Daytime Phone Number ( ) *Letter of agency must be attached when petition is submitted by an agent. If the board of county commissioners, pursuant to section 39-10-114(1), or the property tax administrator, pursuant to section 39-2-116, denies the petition for refund or abatement of taxes in whole or in part, the petitioner may appeal to the board of assessment appeals pursuant to the provisions of section 39-2-125 within thirty days of the entry of any such decision, § 39-10-114.5(1), C.R.S. Section II: Assessor's Recommendation (ForAssessor's Use Only) TaxYear ~-~~ TaxYear Z.~~1 Actual Assessed Tax Actual Assessed Tax Original~ ~~1 O~'1 U# ~iSS. b~i ~ Zi.~16i, ~ 6b0 ~ 1}DQ~ ~1kc~ ~ Lll~~~ -Y Carrected 1 0 ~ ~~,r1 ~ ~~~ ~ ~~{~~i0~~ _ ~ ~-11 ~DO .~ ~ 1 . ~ AbatelRefund ~` ~~~ ~ ~~1~ ~_~~ 13D ~ ~ r~•Z-~. ~ ~Q~ ~Ob ~~~ ~6_dy ~ Assessor recommends approval as outlined abave. No protest was filed for fihe year(s): ~_„ 01' ~_ (If a protest was filed, please attach a copy of the NOD.) [~ Assessor recommends deniat for the following reason(s): Qate Received (Use Assessor's „~r ~s~iQ,~i~rs~ate Stamp) ~i FOR ASSESSORS AND COUNTY COMMISSIONCRS USE ONLY (Section ili or Section IV must be completed) Every petition for abatement or refund filed pursuant to section 39-10-114 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 ill: Written Mutual Agreement of Assessor and Petitioner (Only for aUatements up to $1,000) 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 one thousand dollars or less per tract, parcel, or lot of {and 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 abatement/refund of: Tax Year Actual Assessed Tax Original Corrected A6ate/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 Assessor's or Deputy Assessor's Signature Date Date . S tion IV: Decision of the County Commissioners (Must be completed if Section 111 does not apply) WHER , The County.Commissioners of County, State of Colorado, at a d and lawfully called regula eeting held on / / , at which meefing there were present the f wing members: Month Day Year / with notice of such meeting~a of said County and Assessor petitioner presenf), and WNEREAS, The said Name County Commissioners have carefully conside the withi etition, and are fully advised in relation thereto, NOW BE 1T RESOLVED, That the Board (agrees-- e not agree) with the recommendation of the assessor and the petition be (approved--approved in part-- n' d) with an abatement/refund as follows: Year Assessed Value Taxes ate/Refund Chairperson of the oard of County Commissioners' Signature f, County Clerk and Ex-officio Clerk o e Board of County Commissioners in and for the aforementi ed county, do hereby certify that the above and fore 'ng order is truly cop~ed from the record of the proceedi s of the Board of County Commissioners. IN WITNESS W REOF, I have hereunto set my hand and afifixed the seal of said Cou this ~day of , Month Year County Clerk's or Deputy County Clerk's Signature No . Abatements greater Yhan $1,000 per schedule, per year, must be submitted in duplicate to the Property Tax Administrator for review. section v: Action of the Property Tax Administrator (For all abatements greater than $1,000) The action of the 6oard of County Commissioners, relative to the within petition, is hereby ^ Approved Q Approved in part $ ~ Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date an opportunity to be present having been gi to the taxpayer and the Assessor ~ (being presenf--not present) and June 20, 2008 County Board of Equalization Abatement Summary for the Real Property identified as schedule # R11934, 15933, 12961, and 12962. These four abatements are regarding properties owned by corporations associated with Related West Pac and are located in Snowmass Village. In each case, the abatement involves properties that were leased either entirely or in part to the Town of Snowmass Village and therefore either wholly or partly exempt. Sch# 12961 (unit 104A) and 12962 (unit 106) are units in the Parcel C condominiums and were leased entirely to the TOSV so they were treated as 100% exempt for the years in question. Sch# 15933 is for Lot C of the Snowmass Village Mall Subdivision. In this case, only a small portion (5%) of the total building was leased to the TOSV. As a result, the total value was reduced by 5% representing the portion of the building that should have been exempt from taxation. Sch# 11934 is for Lot 1-A, Faraway Ranch North Subdivision which is the Snowmass Center. The TOSV has for many years leased a large portion of the Snowmass Center for their town offices. In addition, the US Post Office also leases space in the Snowmass Center. For this property, the Assessor's office has actually created two accounts, one for the exempt portion leased to the TOSV and Post Office and a separate account for the taxable portion. Historically, the exempt portion represented 26% of the whole and the taxable portion was 74%. With this abatement, we are adjusting the exempt portion to 30% and the taxable portion to 70%. As an aside, since the TOSV has since moved into a new town hall, the taxable portion for the 2008 tax year is now 94% of the whole and the exempt portion that is still leased to the US Post Office is 6%. Larry Fite Pitkin County Assessor's Office ,Y`ARCEL# I SCHEDULE# I TAX AMOUNT i A B _ _ C _ D 273302 P005364 _ ~ R015931 - R015932 R015933 423004 ~_ R015934 64.40 -- $ 70,572.88 ' ~ _ _ ~ , $ 41,065.64 _ ~ ~ ~ 39,081.68 revised, see below $ 163.84 ~ - -- - $ _150,948.44 I ~ $ ~ - - (64.40); Total to shar, $ 150,884.04 ~ - - ~ - - Unit Lease # Tenant Status SQFT Prorata Tax Amount Parcel A, Sch# 15931 - 1 BC10 959 Big Hoss Grill 1,385 0.024980 $ 3,769.11 2 BC10A 959 Snowmass Whitewaterseasonal 3 BC11 951 Alpine Properties 428 360 0.007720 $ 1,164.75 0.006493 $ 979.70 4 BC24 975 D&E Snowboards _ _ 2,793 0.050375 $ 7,600.81 5 BC24A 980 D&E Snowboards 421 0.007593 $ 1,145.70 6 BC26 964 Pastore's Taste of Philly 248 0.004473 $ 674.90 7 BC3 942 ASGLower Office _ 3,375 0.060872 $ 9,184.65 8 BC32,34 937 D&E Snowboards 6,749 0.121726 $ 18,366.58 9 BC36 956 Breeze Ski Rentals _ 2,350 0.042385 $ 6,395.24 10 BC36,37 965 Stein Eriksen _ __ 11 BC38 _ Vacant 2,176 VACANT 1,776 0.039247 $ 5,921.72 0.032032 $ 4,833.17 12 BC4 _ 940 ASC-Upper Office 3,405 0.061413 $ 9,26629 _ 13 BC5 _ _ 945 ASGTower Office 540 0.009740 $ 1,469.54 14 BC9 968 Snowmass Whitewater _ 532 0.009595 $ 1,447.77 __ _ _ __ total bldg BC 26,538 Parcel B, Sch# 15932 15 D11 948 Sunset Ski Repair _ 551 0.009938 $ 1,499.48 16 DE1,21 _ 933 Christy Sports 6,055 0.109209 $ 16,477.94 17 DE22 970 Mountain Dragon 3,675 0.066283 $ 10,001.06 18 DE32 935 Collections _ 1,440 0.025972 $ 3,918.78 19 DE4,14 977 Snowmass Trading Co. 20 DE5,15 941 etS w Pot 1,137 1,115 0.020507 $ 3,094.21 0.020110 $ 3,034.34 21 DE8 ~Bright & Shiny Things 363 0.006547 $ 987.86 - total bidg DE 14,336 Parcel C, Sch# 75933 - 22 G-B,E,F,G 944 Gene Taylor Sports 3,124 0.056345 $ 8,501.58 23 GM,N 971 Discovery Center/Playground - Sales Gallery 7,678 0.138482 $ 20,894.73 24 GM,N 936 II Poggio 25 G-MGMT 972 Maintenance O~ce- absorbed by Sales Gallery 3,261 0.058816 $ 8,874.41 0.000000 $ - 26 G-O,A Fuel and Surefoot- Storage 507 0.009144 $ 1,379.74 27 G-O,B 943 TOSV Transportation Department 28 Snowmass Real Estate- Owns building forTax pur - 785 poses 0.000000 $ - - -- total bldg G 15,355 -- - I TOTALS - - ~ -- - gross area _ 56,229 ---- - ~ ~ 1.000000 $ 150,884.04 - --- ~ _ _ _ _ ~ - ~ - - Sch# 15933, parcel C ~ Total leaseable_ a 1535~5 t area ~ 785 ( ) exemp ' 5% rounded - --- - net taxable area 55,444 - - -- - ~ ', g ue ~r$3n773 8~30 a $1e094,410' --- -- - - -- axes refund - - $46,955.68, Net taxable area 14570 95% (rounded) _ ~ ~ ___ _ __ revised value assessed value taxes _ _95% of original value rounded to nearest $100' $3,585,100, 51,039,680 - - $44,607.46 $2,348.22 -- - - - , - -- -- - - - -- $2,007 ~ ~ _- _- - - - original value'iassessed value ~ - - - - $3,766,OOOi $1,092,140, taxes - ~I $41,137.72'' - ~ _ _ ~ _ ~ 95% of originai value rounded to near ~revised value assessed value est $100 $3,577,700 ~1,037,530 taxes _ _ $39,081.68' $2,056.04 ~-- i ~ - - - - ~ ~ -- total refund ~ $4,404.26 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 01 SERIES OF 2007 AN ORDfNANCE RATIFYING AND REAFFIRMING THE OBLIGATIONS OF THE TOWN PURSUANT TO CERTAIN LEASE AGREEMENTS FOR PUBLIC PURPOSES. WHEREAS, the Town has entered into various Lease Agreements for the Transportation Office and Marketing Offices at the Mall; and WHEREAS, the Home Rule Charter does not require the Town Council to approve these Leases, or if approved by the Town Council, the Home Rule Charter authorizes approval in the form of a Resolution; and WHEREAS, there is a conflict between the provisions of the Home Rule Charter and the provisions of the Colorado Statutes concerning the procedure for adoption of Leases for a public purpose with the intent to exempt the property which is the subject of the Leases from taxation; and WHEREAS, to obtain the benefits of Section 31-15-801, et. se ., C.R.S., concerning abatement of taxes, the Town Council must adopt an Ordinance approving the Lease, but the authorization of the Lease cannot take effect before thirty (30) days after the passage of the Ordinance; and WHEREAS, the Town Council finds that the utilization of private property subject to the various Leases is authorized for a governmental or proprietary purpose within the meaning of Section 31-15-801, et. seq., C.R.S.; and WHEREAS, the Town Council finds that the payment of taxes on property which is the subject of a Lease for a governmental or proprietary purpose is not an appropriate expenditure of governmental funds; and WHEREAS, the Town Council finds that the subject and purpose of the Leases enumerated in the body of this Ordinance are integral to the e~cient operation of government, are for governmental or proprietary purposes, and meet the requirements for exemption from taxation and were entered into to preserve public property, health, welfare, peace and safety; and WHEREAS, the Town Council of the Town of Snowmass Village finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. ORD. 07-01 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass Village as foilows: 1. Ratification and Reaffirmation of Leases. The following Leases previously entered into by the Town are hereby ratified and reaffirmed as being for governmental or proprietary functions of the Town Government, as follows: Lease Date Landlord Premises Lease Expiration Date Premises Use November 1, SNOWMASS Store No. A October 30, Transit Office 2004 HOLDING Commercial 2007 COMPANY Building 51, ~LC Snowmass Viflage Malf March 1, 2006 SNOWMASS Parcel C, Units April 30, 2008 Marketing and HOLDING 104A and 106 Special Events COMPAMY Office LLC 2. Direction to Town Clerk. The Town C1erk is hereby authorized and directed to: a. Confirm with the Pitkin County Assessor that the taxes on the real property, which is the subject of the various Leases, referred to in Section No. 1 of this Ordinance have been properly logged as tax exempt in the office of the Pitkin County Assessor; b. Provide a true and accurate copy of this Ordinance to the Pitkin County Assessor and attach thereto true and accurate copies of all of the Leases referred to in Section No. 1. 3. Effective Date. This Ordinance shaff become effective thirty (30) days after adoption on second reading. 4. Severabilitv. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity sha11 not affect any other provision or application of this Ordinance which can be given effect. without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED on first reading on January 8, 2007 upon the motion of Council Member Mordkin, the second of Council Member Sparhawk and upon a vote of 4 in favor and 0 opposed. Mayor Mercatoris was absent. ORD. 07-01 Page 3 of 3 READ, APPROVED AND ADOPTED on second reading on January 22, 2007 upon the motion of Council Member Mordkin, the second of Council Member Wilkinson and upon a vote of 5 in favor and 0 opposed. ;/J ~` ,,- OF ~NOlpl~ll~"iSS VILLAGE By: Dduglas IV~ercatoris, Mayor APPR VED S TO FO M: ~ C ~~ ~.1 John C. Dresser, Jr., ~wn~Attorney ATTEST: ~ G~i~~t ' - Donna J. G cia-S aulding, (~ Deputy Town Clerk