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COUNCIL - AGENDA ITEM - 07/13/2004 - POUDRE FIRE AUTHORITY FUNDING AND GOVERNANCE REVIE
DATE: July 13, 2004 STUDY SESSION ITEM STAFF: John Mulligan FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION PFA Funding and Governance Review. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED The Poudre Fire Authority Board of Directors initiated a study of PFA funding as a result of PFA's financial inability to meet community emergency service needs, including operation and maintenance of Station 14. It is also central to PFA's current strategic planning effort to understand funding sources and constraints. Key issues that emerged were the passage of the TABOR tax limitation measure in 1992; a change in the Revenue Allocation Formula that reflected the reduced revenue from TABOR and de-Brucing election in 1996 that allowed the City to maintain its revenue above TABOR limits, as long as the additional revenue was used for basic services including Fire Protection. As a result of the earlier changes to the Revenue Allocation Formula, PFA did not receive a share of the additional revenue generated by the de-Brucing election. As a result PFA has received significantly smaller funding increases than other service areas in the General Fund. In support of this view, PFA has found that its annual increase has been smaller than any other General Fund service area. This has resulted in a progressively decreasing share of the General Fund pie, a decreasing number of firefighters per capita,and most importantly,a decreasing financial ability for the Poudre Fire Authority to serve the citizens of the Fort Collins community. The attached material demonstrates these facts and provides a balanced and objective discussion for Councilmembers to review. The discussion points that the Poudre Fire Authority Board has recommended for this meeting are attached. This information is new to City Council, therefore, there is a need to proceed in a deliberate, informed manner. The primary goal for this discussion is to understand City Council's concerns and questions. Table of Contents PFA/City Council Work Session Discussion Items PFA Funding and Service Level Shortages - Funding and Service Deficiency 2 Overview - 4-27-04 Agenda Item Summary - 5-25-04 Agenda Item Summary - Graph — "Actual City Contribution to PFA Compared to RAF' City Council Priorities - Principles for Budget Planning (2004 City Budget Document) - Major Categories of Direct Services General Fund 2003 - General Fund Supported Services City Staff Perspective - Memo from John Fischbach to 4 PFA Board Letter from John Fischbach to Mr. Sheesley Background Information - De-Brucing Resolution 97-120 • 5 - Consolidation Contract 4AN@RYS READY INDEX" INDEXING SYSTEM • PFA/City Council Work Session Discussion Items 1. Background Information Since the funding provided to the PFA by the City has been constrained by TABOR, the PFA has been unable to provide many valuable services the community needs. Would City Council like a work session detailing these deficiencies? 2. Intermediate Step In past and present strategic plans the PFA has identified an immediate need for an additional 38 employees to continue to provide the Fort Collins community with a reasonable level of service. While all of these positions represent essential programs, the top priorities are Station 14, south truck, and EMS Coordinator. The total O&M cost for these three projects is $1,340,000. Is it possible for City Council to address these needs in addition to the already programmed budget increase of $594,848 in 2005? 3. Long-Range Funding Strategy • City Council has consistently rated Fire as one of its top priorities. How can adequate funding be reinstituted? - Return to the RAF plus one mill? - Provide funding to Fire based on average percent increase for primary services (plus one mill)? - Ask voters for additional sales or use tax? - Provide access to TABOR overage? - Are there other strategies that City Council would like to pursue? 4. Do City Council members have additional questions? • `mdE � ornc 0 o CO N N! Rl cu C1 O g o Y C d C C C Cu a) $ y9 a r m w m O 7 U t�i1 � °�t a;Y' wa � w NiF N C d t QJ al C 30 vl C ? d t� a >1 c « $ ",� c Or L N Q( a G vim, C N t LL L a) U 3 c r. a L . Ag El, ai 0 0 0 C — U016�ad01 Y w '3 a) 0 a) arnarn E cm oa01° w 7 (D Q c N0 = p-O W .Q N O W Q W O O O m ate+ T V m e� N U LmrR � d � � � `—' 3 to Q O r dV C b c $ N U & aL+ $C O �F QCQ a7 x r� C x i O � d d Ga° ¢ a° V O �y W N Q O a a C a, c rn ° aC x W Cto d O U m L C C. N rt2c > c d 4 s E µ < O W cu E Y .+ a C y O N p U. y d (q O O V v N aD ro v N o o W V N , W O V N O O � J N r o 0 0 0 6 0 0 6 Z a3 C C uolmndod 000`�,ed quuos,ed womS uolpqndod 000'&,ad lauuos,ad wo" W m Q c umi > c C7 eov =E cu Z 00CU0Z. 0 0 cm LU Co Z cvcc e.0 m � co � LL 0 .0 RM - � ' � 5 c maco co 04) 0) � c o 3 > � � c� O 4N) m m 7 N "p 4- c 10 c O O O Z m m 0ou0eco G ooa `0mcv � N az ca N o e O C co O00 "a N LL O t E O 0ti 0 N V� Co •� Na) ~ a� m N ed C N T dV a�. a) W a C L m T U .0 v1 U 'II « a) c LL .-. a, • c a d � a- v aa)i > (D " L ° v; c c c a E c C C o U) w � LL m � o O w 3 e� m a .- � a (D ° c °' cc � p � Wo cm OOL cNpO N � ln d Of O y r N ; O CO N N C C c c 'C T '00 rA T Cc cc w ° cu� oLL ° � °f (A a U a 'yd�0i m' CO dLL c0U) . c E ii Cl) VOc — wW CO)d) LL dU C m mU IL ooLLa) a u c oEo c mRoy.aH E oa°1i � � ca) � E0 4) coco02 m Fa- °' 2 .5 2 V a ° 14 3 ° o �-00 E w w � N .- '� .- O. O > > a�iLmc0 CD O2a >asac) U 0 yHw cc co) • POUDRE FIRE AUTHORITY DISCUSSION AGENDA ITEM MEETING DATE: 04-27-04 ITEM #: 6 FROM: John Mulligan ITEM TO BE CONSIDERED: Funding Shortfall Impacts on Community Fire Protection and Emergency Services EXECUTIVE SUMMARY: The purpose of this paper is to examine changes in the funding mechanisms and funding capacity of the City and PVFPD that restrict the PFA's ability to provide high quality fire protection, prevention, and emergency services to the citizens of the Fort Collins area. The premise of this paper is that the funding system for the PFA is no longer working and is insufficient to expand services to meet the needs of a growing community, support existing programs, and maintain the personnel compensation program. We provide a brief history of the PFA's funding system, a description of where we are today, and what our community service • capabilities.would be if we were funded at levels similar to other city service areas. An important finding of this paper is if the Revenue Allocation Formula (RAF)' had not been abandoned in 1994, the City's contribution to the PFA would be similar to the funding levels provided to other general fund departments. This represents an additional$3,577,000 annually allocated to PFA and would have allowed the PFA to stay abreast of citizen emergency service needs. It would have enabled PFA to provide a ratio of firefighters to population served similar to comparable jurisdictions on the Front-Range. This would still be less than regional and national averages according to ICMA. Last month we provided a strategy to open Station 14 in 2005, but at the cost of eliminating ongoing capital for apparatus replacement and future facilities. Therefore, we also recommended reprioritizing some of our one-time funds to meet our five-year capital needs. For this strategy to be implemented the PFA Board would need to recommend it to City Council which would need to approve the use of all of the one mill for Station 14 implementation. Obviously this does not address our long-term funding problems, but it enables us to meet an important citizen service need and positions us for the following long-term funding discussion. • 1 • BACKGROUND INFORMATION: History The RAF was created 2 years after the City Fire Department and the Poudre Valley Fire Protection District consolidated in 1981. City Council directed staff to develop a means to fund PFA that would not require a detailed annual review by Council of PFA's operations and financial activities. This funding mechanism served the community well until A10, S20 of the State Constitution was adopted in 1992. At that time it appeared that the RAF would generate more than the City could provide under At 0, S20 and the funding formula was altered(This is explained in the City financial policies, Attachment A). However, it is surprising to discover that if the RAF had been left unaltered and the City contributions were made to PFA based on this formula, the City's contributions to the Authority would be similar to the other general fund departments. Several years ago we began working with city staff in an effort to bring the City's funding for fire and emergency services more closely in line with City revenue growth. As a result, increased funding was provided. Unfortunately, this funding, and consequently Station 14, fell victim to the recession. However, the recession did not cause the funding problems, but only caused a portion of the revenue shortfall. Since the RAF was designed only for O&M, the City added a mill of property tax in 1992. In • 1996 City Council added language to allow the PFA Board to use revenue from the one mill for apparatus replacement and also O&M (Attachment B). Some of this money was used to aid in the implementation of Fire Station 12, but the majority($863,260 of$1,322,219)is presently used for capital. Where Are We Now? The numbers are clear and compelling—since 1993 the City's funding for fire has fallen significantly below the average funding increases of other city departments. The following chart illustrates average general fund budget increases for the years 1993—2004. If the PFA had received funding in adherence to the RAF, its increase would have been 7.51% annually. In 2004 the City contribution to PFA using the RAF would have been $16,201,971. The 2004 Actual City Contribution was $12,625,297. The difference between the two is $3,576,674. The allocation of these dollars to fire would have caused the increases for other areas of the general fund to decrease by approximately 0.4%. • 2 • Average General Fund Percent Budget Increases 1993 -2004 14.00% ° 12.00% 0 9.74% R 85% 7. 8.00% 450% 7.05%_ o_oo_,IIno/ 6.00% 5.22% 4.00% — - 0 2.00% 0.00% CTS TRAMS CRES PD& BJS GLRS PFA ADMIN Dispatch ➢ Transportation Services budget includes one-time funds in excess of $2,000,000 ➢ All of PFA's capital (from the dedicated one mill) is included in these numbers while much capital that supports the other departments is not included in their budgets. ➢ The capital expansion fee is not included in any numbers for the PFA or other departments. • The result of this under-funding is an understaffed fire department that is struggling to meet the increasing fire protection and prevention, EMS, and rescue needs of the Fort Collins region. • 3 How Does PFA Compare to Other Fire Departments? . Personnel-per-capita and cost-per-capita are two of the best ways to measure personnel resources and costs and compare with other fire departments. As specified in the following per capita graphs, if compared to the average of other departments on the Front-Range3 the PFA is 60 personnel short.` If compared to other departments in the Mountain Region (as defined and computed by ICMA°) the PFA should have 64 more personnel. If compared to similar cities in our strategic planning study5 the PFA should have 86 more personnel. And, if compared to ICMA national data on cities of similar size the PFA should have 101 more personnel. 2004 Front Range Personnel Per Captta PFA Compared to ICMA Mountain Region O 1.4 14 at 1.2 wnelq e 1.2 y e 1 i ° 1 0.4 0.6 y 0 fiz , E 0.2 � y a 0.4 o EE1 0.2 PFA Front Range 0 0 Average 2004 PFA 2002 ICMA-Mountain • PFA Compared to Average Strategic Plan PFA Compared to ICMA-100,000-249,999 Partners Populations 1.4 $ 1.6 ee 1.2 ste 7' Y it;-;-. ` 1.4 .: 1.2 a o 0.8 z i e 0.8 0.6 0 0.6 , 0.4 o, a 0.4 E 0.2 E 0.2 D y p ' •` - w 2004 PFA 2002 ICMA-100,000- 2004 PFA 2002 Strat Plan 249.999 If we remove the high and the low, which would be South Metro and Littleton, the average personnel per capita is 1.13. If PFA were at this rate, the PFA would have 53 more personnel. • 4 The 2004 budget per capita chart illustrates where PFA falls among Front-Range cities at • current funding levels, and where it would be if 2004 funding were provided by the RAF. With the extra$3,577,000 included, the PFA would fall slightly below the average for these cities'. 2004 O&M Budget Per Capita PFA at Current and at RAF Funding Levels* $250 $200 a Ua $150 IL $1$00 $0 —_.... . _ - _ ,flan.41 . 1 . 1 . 1 11 ` J "P 41 �aF® � J </P �. Oc' '0 IG�0 ° Q � Qc` ��c G 2004 BudgeVGapaa—t—Average 'Again, if we remove the high and low, PFA's position changes little—the actual is $19.10 below average, and the RAF would provide $1.30 above average cost per capita. • What Would Additional Funding Do? If the RAF was used in 2004, the PFA would receive an additional $3,577,000 annually. As specified in past and pending strategic plans, the Poudre Fire Authority needs an additional 38 full-time employees to continue to provide the Fort Collins community with a reasonable level of service. These positions (listed below) are typical of other fire departments and would still leave the Poudre Fire Authority below the average for personnel per capita on the Front-Range, and well below the average of all other measures. A return to the RAF would enable the PFA to implement these necessary services. • South Truck 3 • Station 14 (or replace capital if capital money from one mill is used to implement Station 14) 9 • Phase in 4 person stations beginning with multiple apparatus/function stations 4, 7, 10, and 12 12 • Coverage Positions 4 • EMS Coordinator 1 • Fire Prevention 3 • Personnel and Policy Specialist 1 • South Battalion —enhance shift management and emergency scene command and control 3 • Training Specialists 2 • 38 5 What is the District's Role? . The following graph depicts the City's and District's cumulative revenue and contribution growth rates over the term of this analysis. The difference between the 102% growth rate and the 94% contribution is $150,000 which the District is using in 2004 to enhance its contingency reserve. However, the District's ability to maintain its funding in the future is tenuous due primarily to annexations by the City of Fort Collins. For example, City annexations affecting the 2004 budget year total 689.23 acres with an assessed value of 16 million dollars (Source: Larimer County Assessor's Off ice)6. This equals a reduction in district revenue of $148,000. This has a double impact on PFA's budget since the City froze its funding to PFA even as it reduced the District's ability to contribute to the Authority. The District also experienced minor jurisdictional erosion because of annexations by Windsor and Severance. Wellington has annexed from the north down to the District's boundaries. What the future holds is not certain, but it seems that these cities view annexations as a means to control, protect and/or expand their jurisdictions. These actions by other jurisdictions indicate that the District's revenue growth may be extremely modest and it is possible that its revenue will decline within the next 5-10 years. City and District Cumulative Revenue Growth and Contributions to PFA • 1993-2004 120 114% 100 ] " ' n 80 ? 60 ., 40 m 3I,F,.,�l h•.q 20 fi H 0 p Funding Summary For over a decade the PFA has met the demands of a growing community with substantially smaller funding increases than other general fund departments. Consequently PFA's revenue and personnel strength have fallen below representative levels of other Front-Range fire departments. To continue to provide the services this community needs and deserves, we must rebuild the PFA's budget. • 6 Long-Range Funding Alternatives • Allocating resources within a multi-service government is a daunting task. Rebuilding PFA's budget cannot happen overnight. This would require reallocating funds which would burden other service areas. Perhaps it could be accomplished through a phased-in, multi-year strategy of returning to the funding mechanism adopted by City Councils in past years—the RAF plus one mill. If this is not possible the City could hold an election for additional revenue for some or all funding for fire with either sales tax or property tax. The District could also concurrently ask its citizens for more property tax revenue, its only source of revenue. • • 7 ENDNOTES • 1 The Revenue Allocation Formula allocates to PFA 67.09% of the property tax mills available for operations and maintenance and 0.303 of one cent of the City's 2.25 cent sales and use tax applicable to all taxable sales and uses. 2 Article X, Section 20 of the State Constitution is a revenue and expenditure limitation measure adopted by Colorado voters-also called the Bruce Amendment. The citizens of the PVFPD voted to de-brute allowing the District to keep all revenue generated by its mill levy. The City's Revenue Policies on page 96 of the 2004 & 2005 City of Fort Collins Operating Budget document state, in part: "In November 1997, Fort Collin's voters approved a ballot measure that allows the City to retain revenues that exceed the growth limit imposed by Article X, Section 20. The measure was effective for 1996 and ensuing years. The approved measure specified that any retained revenues over the growth limit must be used for certain designated purposes. • Public health and safety • Transportation • Growth management • Maintenance and repair of public facilities" 3 Front-Range departments include: Boulder, Littleton, Thornton, Aurora, Colorado Springs, South Metro, Union Colony, Pueblo, West Metro, Longmont, and . Englewood. 4 Since we are relying on ICMA data for certain comparison points, we checked with the National League of Cities to get their perspective on the quality of this information. They replied that ICMA data is reliable and that ICMA is regarded as the key group for this type of information. 5 Strategic Planning study partners include: Mesa, Arizona; Eugene, Oregon; Boise, Idaho; Salem, Oregon; Ogden, Utah; Casper, Wyoming. These departments were selected since they serve similar, western U.S. cities with universities or colleges. 6 For the past ten years the City has annexed about 500 acres per year. We have not checked each annexation, but since the PVFPD surrounds the City, it is probable that most, if not all, annexations were properties within PVFPD. • 8 ATTACHMENT A • Reprinted from pages 107 and 108 of the 2004 &2005 City of Fort Collins Operating Budget 6.7. POUDRE FIRE AUTHORITY— REVENUE ALLOCATION FORMULA In December of 1981, the City and the Poudre Valley Fire Protection District created the Poudre Fire Authority(PFA)through an intergovernmental agreement. The PFA provides fire protection services to Fort Collins and the surrounding area. The agreement specifies a Revenue Allocation Formula (RAF) for defining the City's contribution to the PFA for operations and maintenance. Originally, for PFA's operating costs, the City shared property tax and sales and use tax collections. In addition to operating costs, the agreement further provides authorization for the PFA to request funds for capital costs pursuant to the procedures set by the City and District. PFA's capital needs include land acquisition, construction of additional stations, and acquisition of major fire fighting apparatus. The RAF has served as the Poudre Fire Authority's funding mechanism from 1981 through the 1993 budget. After the State Constitution was amended in 1992, the RAF was revised. In its original form, the Revenue Allocation Formula allowed the PFA to realize the full extent of growth in sales and use tax and property tax collections. Article X, Section 20 of the State Constitution now limits the rate of growth to a combination of the Denver- Boulder-Greeley Consumer Price Index and additions to the local property tax base primarily due to construction and annexation. Accordingly, the Revenue • Allocation Formula for the City's contribution to the PFA has been restructured to fit within the constraints of Article X, Section 20. The City will continue its current policy of funding PFA capital needs by dedicating one mill of the City's total mill levy. The revenue from the dedicated mill will be managed according to the property tax mill levy and revenue limitation provisions of Article X, Section 20. The City's contribution to PFA for operation and maintenance will be calculated by the Revenue Allocation Formula. The Revenue Allocation Formula allocates to PFA 67.09% of the property tax mills available for operations and 0.303 of one cent of the City's 2.25 cent sales and use tax applicable to all taxable sales and uses. The resulting contribution for operations and maintenance will then be compared to the constitutional growth limits. The City's operation and maintenance contribution to PFA will be the lesser of the contribution as determined by the Revenue Allocation Formula or the allowable contribution in accordance with the limits imposed by Article X, Section 20 of the State Constitution. • 9 ATTACHMENT B RESOLUTION 96-64 i OF THE COUNCIL OF THE cr"OF PORT COLUNS ADOPT1Nt3 AN AidENDhODM TO THE FINANCIAL AND NIANAQEM&NT i>OLICFES FOR 1997 AND SUBSEQUENT FISCAL IBARS WHEREAS. City Council has adopted Financial and Maitagwtx"it Y011ciat; for the city . purnrant to Resolution 94-174;and WHEREAS,Resolution 94-174 provides d at the Council tray adopt atnendmenis to the City's frinaneial and Management Policies;nod WHEREAS. the City Council has approved on Second Reading the adoption of certain capital improvenmteXpansion fees,Including a fee for funding certain oapluni expansion needs of the Poudre Fire Authority; and WHEIREAS, it is necessary that the Financial and Management Policies be amended to on$=that the mill levy previously approved by the Council for Poudre Fire Authority is used to meet needs of the Poudre Fire Authority not funded, or only partially funded, by the aaplW improvatneu expansion fee;and WHEREAS.the CRY Maoagcr and{Sty Cotmcil have mviewal the proposed amendment to al and Management Policies in conjunction with the City's five-year financial is pre�r paration for the annual budget;and P and WHEREAS.the City Council wishes to adopt this amendment to the Citys and. . M Policies for 1997 and subsequent frail years in pursuit ofits objectives of sound and range panning. ng- NOW,THER1 i?ORK BE 1T RESOLVED By THE COUNCIL OF THE CITY OF FORT COLLMS as follows: Section 1. That the Council hereby amends rho third paragraph of Swdott 3.7 of-the City'e Flnanelal and Managcarert Policies so as to mad as follows: The City's contribution to PFA for operation and maintenance will be calculated by the Rovenue Allocatitm Formula. The Revemae Allocation Fbon to allocates to ppA 67.09%of the property tax milis available for opeatiau and rnsinWumce and 0303 of one ecru of the City's 2.25 cent saies and use tax applicable to all taxable salty and uses. Tlhe resulting contribution for Operations and maintenance will then be compond to the comfltudixtai growth liraits. The CiVs operation and rmaintcnanco contribution to PFA will be the lesser of the contribution as determined by the Revenue Allocation Formula gr the allowable contribution in accordance with the limits imposed by Article X,Section 20 of the Sate Constitution. In addition, the City will continue its current policy of fundinc PFA by daikation of one mal of the i 10 ' t ATTACHWNP B . City's total mill levy. The revemI6 generated by the one atilt o will he used foroperations and.ntaitttaawtoc,apparatw feNscement and captW nosh not funded,or only Partially ftMded,by the capita Improvement expansion fee for fire lxolecGon taxIli IIIIrev le re from tlxi ckdtaaed mill will also be tnw*W according to uxi property tax null levy and tevchue limitattions of Section 20 of Artick X. Section 2. That the tone i adopted by the ping amaidrtacnt to Ilto}rmwrcial and Management Policlej Policies shalt berea( of tills Resolution"I be included as put of the sald Policies and thoso . rtitrahl in egbd until the same ape amended or repealed by Of the City Connell, rubsalrtatt action Passed and adopted at a regular meeting ZofZb� Fbrtday ofMuy,A.D. 1996. Col d 21sr Arn3sp. c� ty out • t>. POUDRE FIRE AUTHORITY • DISCUSSION AGENDA ITEM Meeting Date: 5-25-04 Item #: 3 From: John Mulligan ITEM TO BE CONSIDERED: Long-Term Funding STAFF RECOMMENDATION: The City Develop a Fair and Understandable Funding Mechanism for the PFA. • EXECUTIVE SUMMARY: In April we discussed funding shortfall impacts on community fire protection. In March we suggested to the Board a strategy to open Station 14 by transferring money from our ongoing capital funds. Our goal for these two meetings was to set the stage to discuss how to proceed in the future. Today we would like to provide a review of these issues and discuss how to move forward. • 1 • BACKGROUND INFORMATION: To provide a comprehensive perspective of this issue, we offer the following 3 viewpoints. First, the chart below shows the actual annual growth for each department in the general fund. This chart is useful to show the relationships among general fund departments. However, it can also be very misleading. For instance, one could easily infer that increases in the police department were vastly greater than all other departments. Conversely, it appears that CTS received only small increases. 1992 -2004 General Fund Increases $25,000,000 $20,000,000 - -- -- - $15,000,000 \ • $10,000,000 $5,000,000 $0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Department and Cumulative%Increase t ADMIN - 36% a—CPES - 155% CLRS - 111% -CTS -258% ELJS - 116% +—POLICE - 135% +TRANS - 163% — NON-DEPT - 143% P.F.A. - 83% ADMIN-Administrative Services CTS-Community&Technology Services TRANS-Transportation Services CPES-Community Planning&Environmental Services ELJS-Executive,Legislative&Judicial Services NON-DEPT-Non-Departmental CLRS-Cultural,Library&Recreational Services POLICE-Police Services • PFA-Poudre Fire Authority 2 • However, as can be clearly seen in the following chart (1992-2004 Annual Average Percent Increases), this is not true because the PD received very close to the average increases over the past 12 years, while CTS grew the most. This chart illustrates that PFA received annual funding increases that were about 2% less than the average. It also shows what PFA would have received if the RAF were used to provide funding for the PFA. The effect of this undertunding for the last 11 years is demonstrated in the next chart (Percentage and Dollar Increase 1992 — 2004). 1993 -2004 Annual Average Percent Increases 12.00% ° 10.00% 8.39% 8.11% 8.00% 7.49%0, 7.37% 6•63 ° 6,40% Awra a .0 0 • 6.00% - 5.17% 4.00% - - '2.57°0 2.00% - 0.00% CTS TRANS CPES PFA if PD ELJS CLRS PFA ADMIN RAF used �% Increase —A�g Increase is 3 Cumulative percentage increases for all departments during the same time period are represented in the following graphic. How much each department's budget has increased during this period is listed on the bottom of the chart. This portrays PFA's current funding deficiency which prohibits us from providing necessary emergency services. The community should already be served by Station 14 and the south truck, and unless this funding trend is altered, this service deficiency will worsen with each passing year. Percentage and Dollar Increase 1992 - 2004 300% 257.60% 250% 200% 163,01% Percentage 155.13% 150% 142.65% 135A5% Increase 134.86%116.06% 110.62% 100% 83.25% • 50% 35.71% 0% PFA if Department CTS TRANS CPES Non Dept RAF were PD EWS CLRS PFA ADMIN used Increase ar s� �, �s a� 9'S �� 9s �9ss J'O Ro`��� �� s`�s 'Sl°�� Ps r. Oolos`�� s0 We believe that a fair and understandable funding mechanism is needed. By fair we mean one that enables PFA to share revenue growth equally with other primary services, and one that reflects community economic and demographic growth. Any strategy, including the one we recommended to open Station 14, will need to be approved by City Council as well as the Authority Board. We request direction from the PFA Board on how to proceed. • 4 • �62�, N p� Cl) Opp N O N � tipp T .� N � Q p 0 o Q 6tih rn �1p• rn 0 Epp co .i pp6, rn 0 L N rn V cv rti E �0 V �j ���� T CD ssp1, rn T T V 69 M rn O O O O O O O O O O O O O O O O O O O O O �' °�' O O O O O O O 4� • C ( .;i N O 0, (6 0 tt� o a m T fI- I- T T A e1 vT (a 6s . 1.6 PRINCIPLES FOR BUDGET PLANNING The City provides a wide variety of services to the residents of the community. It is the responsibility of City Council to adopt a budget and manage the available resources to best meet the service needs for the overall good of the community. To aid in planning for the allocation of resources to meet the good of the whole community, Council adopted Resolution 2001-161, that set forth the Principles for Budget Planning. Those Principles as adopted by Council are as follows. a. The City should strive to attain the lowest possible interest rates on debt in order to minimize the cost to taxpayers and users of City services. b. The City should maintain adequate reserve levels to ensure minimal loss of service to the community should there be unforeseen reductions in revenues or a catastrophic occurrence. c. Employees of the City are a valuable resource in providing services to the community, and a compensation policy should be maintained for City employees that reflects the value of attracting and retaining quality employees. d. Primary services are those services that are necessary for the good of the entire community. They are basic to the safety, health, and welfare of the community, and the allocation of all resources necessary for the provision of primary services is the first priority in budget preparation. Primary services are: • Police Water Wastewater Fire Transportation Stormwater Building Inspection Electric Natural Resources Development Review Engineering Facilities Maintenance Affordable Housing Pedestrian Access (all public facilities including parks) e. Secondary services are those services that enhance the quality of life of the residents and to many, increase the value of living and working in the community. While the value of secondary services is recognized, the allocation of resources to those services shall be considered only after the necessary allocation has been made to fund primary services. Secondary services are: Recreation Neighborhood Resources Performing Arts Human Rights Library Cemeteries Golf Human Services Contract Airport Parks Natural Areas Museum f. Support services provide the management, guidelines, and operational assistance to carry out the provision of primary and secondary services. Resources should be allocated to support services to support the level and quality of primary and secondary services expected and desired by the community. Support services are: General Administration Finance Legal • Budget Human Resources City Clerk Clerical Support Fleet Management Information Technology Geographic Information Systems 95 Major Categories of Direct Services • General Fund 2003 Police protection, investigation and crime prevention Most Value, Must Have Fire protection, investigation and prevention Repair and maintenance of City streets Repair and maintenance of City buildings Municipal court services Building inspection, review and zoning services Developing long term strategic and master plans Code enforcement and public nuisance services Supporting affordable housing production and land banking Repair and maintenance of City vehicles Conducting local municipal elections Transit services Development review services to land owners, developers and neighborhoods Public records maintenance Supporting human services for Fort Collins residents Maintenance of parks Providing services and programming at libraries Environmental protection, education and outreach programs • Maintenance of trails, cemeteries and urban forests Partnering with other public and private organizations Services and programming at cultural facilities(Lincoln Center,Museum) City organizational development and training Providing electronic geographic information and applications(GIS) Services and programming at recreation facilities Neighborhood-based support services Community dispute resolution services Information and online services via the intemet Influencing state and federal legislation Providing cable TV system for services and information Promoting City services and information through various media forms Value, More Expendable • GENERAL FUND SUPPORTED SERVICES • The following services are a list of the City's services that are totally and partially supported by General Fund resources. Please note that the list does not include enterprise services(those that are supported by fees,such as the utility services and golf), internal service funds(e.g.self-insurance),special revenue and debt service funds(e.g. Open Lands fund). PRIMARY SERVICES Police Fire Current Planning Development Review Building and Zoning Natural Resources • Clean Air • ZILCH • Natural Areas • Solid Waste Maintenance of City Facilities • Park maintenance • Building Repairs and Maintenance(from Operation Services) • Major repairs and maintenance Transportation Affordable Housing SECONDARY SERVICES Library Recreation Cultural Services Parks Human Services Contract Neighborhood Resources Fort Collins-Loveland Airport SUPPORT SERVICES General Administration Information Technology Geographic Information Services City Clerk Municipal Court Legal Services Communication and Public Involvement Finance Human Resources Legislative Affairs Budget and Research Operation Services • Building Operations • Equipment replacement • Capital Projects Management • Land and Right Of Way • Leased space • City Manager's Office City of Fort Collins MEMORANDUM DATE: May 24, 2004 TO: Poudre Fire Authority Board of Directors n- �y n FROM: John F. Fischbach, City Manager y_�_ RE: Clarification of City's Contribution to the Poudre Fire Authority The Revenue Allocation Formula(RAF)which defines the City's contribution to the Poudre Fire Authority(PFA)has been in effect since 1981. The City's contribution is calculated using a percentage of sales and use tax and a percentage of the City's operating mill levy as specified in the RAF; this has not changed since the RAF went into effect in 1981. City Council is required to approve the RAF on an annual basis. The confusion could be related to the growth limit • restrictions imposed when voters approved the amendment to the State Constitution(TABOR) in 1992, effective for 1993 and subsequent years. When TABOR was implemented in 1993, the growth limit restrictions became a part of the formula for the allocation of City fiords to PFA. The City's annual contribution to PFA,based upon a percentage of sales and use tax and the operating mill levy, is then compared to the growth limit imposed by TABOR. If the growth limit is less than the estimated percentage of sales and use tax and the operating mill levy,then the allocation of funds to PFA is equal to the growth limit. For example- 2001 2002 RAF Calculation $13,796,972 $15,108,444 TABOR Growth Limit $11,696,381 $12,619,828 Allocation to PFA $11,696,381 $12,619,828 The requirements of the TABOR growth limit has resulted in PFA receiving approximately$2.6 million less than if the growth limit had not been implemented. This is an average"reduction" (between 1993 and 2004) of approximately$217,000 per year. Similarly, TABOR has reduced dollars available for General Fund ongoing operations by approximately$8.1 million since 1993. However,these dollars have been made available for one-time General Fund purposes with the majority of the dollars going for transportation needs. 300LaPorteAvenue • P.O.Box580 • Fort Collins,CO80522-05W • (970)221-6505 • FAX(970)224-6107 • TDD(970)224-6001 www.fcgovcom x r May 24,2004 Clarification of City's Contribution to the Poudre Fire Authority Page 2 There are two ways of looking at the effects of the changes brought on by TABOR. PFA compares its share of funding to other City General Fund supported service areas in percentage of funding received. Using this method,they would rank seventh out of the eight service areas. However,percentages are only one type of measure. If instead of cumulative percentage increases the average dollar budget increase is used,then PFA would rank fourth. The following table shows that comparison. Average % and $Budget Increases 1993 —2004 Service Area Average % Average $ Dollar Increase Increase Rank CTS 12.76% $ 208,254 7 Transportation 9.74% 586,310 3 CPES 8.85% 278,251 5 Police 7.45% 1,122,026 1 ELJS 7.05% 226,808 6 CLRS 6.80"/a 679,753 2 PFA 5.22% 477,965 1 4 ADMIN 3.08% 155,566 1 8 Perhaps the more pragmatic question is why there are insufficient funds available to operate Station 14. In my opinion, even though we are operating under the TABOR imposed growth limit requirements, Station 14 could have been opened on schedule if the economic downturn of 2002 and 2003 had not had such a dramatic impact. The downturn required reductions in the City budget for 2003 and 2004 including a cumulative reduction of$984,134(ongoing) for PFA. According to PFA,the operation and maintenance of Station 14 for 2004 is$1.0 million. The following table illustrates that if we had not had to reduce the funding to PFA by the$984,134, PFA could have opened Station 14 albeit with having to come up with an additional $15,866. Contribution to PFA 2003-2005 Without 2003 and 2004 Budget Reductions and the Impact on Station 14 O&M 2003 2004 2005 Allocation to PFA with RAF $14,476,186 $16,249,271 $16,906,468 Adjusted for TABOR $ 1,158,148 $ 2,639,840 $ 2,652,179 PFA Calculated Allocation $13,318,038 $13,609,431 $14,254,289 Downturn Reduction-Ongoing (1) $ 635,434 $ 984,134 S 984,134 PFA Allocation with Reduction $12 682,604 $12,625,297 $13,270,155 Station 14-O&M (2) $0 $1,000,000 $1,040,000 Total Ongoing Reduction $0 $(984,134) $(984,134) O&M Shortfall Without Reductions $0 $15,866 $55,866 May 24, 2004 Clarification of City's Contribution to the Poudre Fire Authority ` Page 3 II • (])The ongoing reductions included$635,434 in 2003 and$348,700 in 2004 for a total of$984,134. (2) O&M from PFA's 12/16/2003 Board Meeting-2004 Adopted Budget-O&M was identified but not appropriated due to lack of funding. The 2005 increase is projected at 4%based upon PFA's projections for operations per the attached Comparative Budget Statement. We are certainly aware that to have a facility available but no money available for operations is not good for the community. We are currently working on options that will allow us to open the station as quickly as possible. /sek cc: Mayor Martinez and City Council Members Diane Jones,Deputy City Manager Doug Smith,Budget Director • ' City Manager's Office i� City of Fort Collins May 25, 2004 Mr. Drew Sheesley 2427 Chandler Court Fort Collins, CO 80528 Dear Mr. Sheesley: This letter is a response to the questions you raised to Councilmember Eric Hamrick at his Coffee Klatch on April 24, 2004. I apologize for the delay in responding to your questions as I was researching the complete answer for you. Question: Funding for Poudre Fire Authority • In December of 1981, the City and the Poudre Valley Fire Protection District created the Poudre Fire Authority(PFA)through an intergovernmental agreement. The agreement specified a Revenue Allocation Formula(RAF)for defining the City's contribution to PFA. The RAF is set annually based upon a percentage of sales and use tax revenues and a portion of the operating mill levy of the City s property tax. The RAF allocates from the City to PFA 67.09%of the property tax mills of 8.797 mills and 0.303 of one cent of the City's 2.25% sales and use tax. Also,PFA receives one mill for capital and operations(in 2003,this amounted to$1,250,902). With the voter approved implementation of Article X, Section 20(TABOR),the imposed growth limit restrictions became part of the formula for the allocation of funds to PFA. The City has gone to Council every year since 1981, for adoption of a RAF defining the City's annual contribution to the PFA. However,with the adoption of the TABOR amendment to the State Constitution, in 1992, it was necessary for the Council to look at the "traditional"RAF and compare it,to a contribution,constrained by the growth limits of TABOR, and take the lesser of the two amounts. Technically,the annual funding is still considered to be determined through the annual adoption of a RAF. In addition to the RAF and the one mill dedicated to PFA,they have available a Capital Expansion Fee imposed on new development within the city limits to fund capital improvements needed because of new growth. The District contribution is based on a mill levy applied to property within the District. The RAF is designed to fund PFA for fire protection within the city limits. When property is • annexed by the City, the District funding share is decreased and the City's funding is increased through the RAF. The RAF has worked well through the years. However, the downturn in the 300 I aPorte Avenue - P.O.Box 580- Fort Collins,CO 80527-0580 - (970)221-6505 - FAX(970)224-6107 - TDD(970)224-6001 www.fcgov.com Mr. Shcesley May 25, 2004 _ Page 2 economy in 2002 and 2003 required reductions in the City budget for 2003 and 2004 including an ongoing reduction in the contribution to PFA of approximately$1.0 million. We recognize that because of the severity of the economic downturn, funding for PFA as well as all other governmental services provided by the City has been reduced. We are currently working on a service priority analysis that will help us restore funding to those services that are a priority. I've attached budget financial statements for PFA for your perusal. Also attached is a spreadsheet that shows the City's contribution to the PFA for the period 1992- 2004. Also shown, is what the City's contribution would have been if we had not been impacted by TABOR. In 2004,the contribution,without TABOR,would have been$2.6M higher than what was actually contributed to PFA. On page two of the PFA Discussion Agenda summary(4/27/04), it was stated that the difference would have been$3.6M. The difference between the$2.6M and the$3.6M represents ongoing cuts to the City's contribution to PFA the past two years,due to the downturn in the economy. It is my assumption that those cuts should be reflected,because they are unrelated to TABOR. Finally,if the City increased its contribution to the PFA,in 2004,by$2.6M that would mean that $2.6M would have to be cut from somewhere else within the General Fund. The$2.6M represents roughly 3%of the 2004 General Fund budget. For further questions regarding this budgeting process for PFA,please contact Doug Smith, Budget Director, at 221-6531. Question: Crossing zones or crosswalks on Timberline Road adjacent to Bacon Elementary School Sidewalks currently exist on the east side of Timberline along Bacon Elementary and all the way along the Westchase development. The remaining portions of Timberline Road still consist of rural uses, except the Linden Park development,which did not construct sidewalks along their frontage. Currently,there are no plans to install sidewalks along these rural areas for a couple of reasons: I)There isn't sufficient space to install a sidewalk along the road 2)All the rural uses are still located in the county. Based on the above and the following,it is not likely that Traffic Operations will install crosswalks on Timberline Road in the near future for the following reasons: 1. Since there are no sidewalks on the west side of Timberline, a crosswalk cannot be installed. Installing a crosswalk sends the message that it is "okay" for children to be walking in the bike lanes on a fairly high speed facility. Mr. Sheesley May 25, 2004 • Page 3 2. There is no crossing guard provided by the school or the County to assist children in crossing Timberline. Elementary school children do not have the wherewithal to cross Timberline safely by themselves. In other words,children have a difficult time accurately judging the speed and depth of motor vehicles as they approach. 3. An uncontrolled crosswalk(i.e. no stop signs or pedestrian signal)on a 40 mph facility is generally not considered good traffic engineering. Unless and until these conditions are changed by future development, the walks cannot be provided. For further questions about this issue,please contact Ron Phillips,Executive Director of Transportation Services at 221-6751. Thank you for expressing interest in the workings of our City government and the community. Sincerely, Joh20MIschbach City Manager • /sek Attachments cc: Mayor and City Council Members John F.Fischbach, City Manager Diane Jones, Deputy City Manager Ron Phillips, Executive Director of Transportation Services Doug Smith,Budget Director • ) � . ƒ ■§ § § .# ! @ ■■ ! # « f |\ # # ■■ ■ # � , ) |k ) k ! ° ® ! |} e « _ !■ ! $% ■e � § F, �- e( �k 010 Poudre Fire Authority Capital Projects Comparative Budget Statement m WooO�oo � 000000000o O {{pp N A Oq N GDGo O O Of N 0 0 o i Mm a ai N N O D m H N N H H ONOOotyp00 O 00000000000 O O A A N O O l0 N O GOD � N Oi O O O N Y1 N N H H N �OOODU00 00000000000 O ' N tq a M 0 N � GD N W M yh GOD n O H N N H H VV 00000�00 W 0000000000 O O t0 N MNO O ++ N rn aoo W v v � H w GiNi w L {a O t y Q 10 & V fm aDo oo�oo� n�moo ogooG�o� o Gn m m Q M3 D N A N p d O O �V a N OD W O n m V th 0 N V a 0 Q6cl V N N " GD N N N t7 H L � N W a w. d o w000��o �oN 000000o n gi a a aD N h N 0 yy ��yy.yj y GppD y H ' ACJOyG�DN fN�I p �O�NWOOO NON N N 0f` GOOOI(O - aD�tO I� O 0 V N N N m H H tV fV V H H m 0 LL V C C w UU � mU m o o O m G C J 2Daa mo � m � mined � >�ccIcoEco� 0o q KW�m 9Gca AOC ivvKok�aips a#r0a#00SZZ o C " ai0t FEND mE3UUUEommn4 aa3 �K� W'CC� Uco dgn0LLW 'OCEYI fr. Drew Sheesley Mr. David McGrath Mr.Holger Durre 427 Chandler Court 2403 Chandler Court 6827 Tortola Way ort Collins, CO 80528 Fort Collins, CO 80528 Fort Collins, CO 80525 fr. Sid Simonson Mr. Ralph Kettle )2 Crown Ridge Lane#1 3013 Parkview Court ort Collins,CO 80525 Fort Collins, CO 80525 • RESOLUTION 97-120 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING A BALLOT ISSUE TO BE SUBMITTED TO THE REGISTERED ELECTORS OF THE CITY AT A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 4, 1997 LARIMER COUNTY COORDINATED ELECTION WHEREAS,Article Y.Section 3 of the Charter of the City of Fort Collins provides that the City Council may, without petition therefor, submit any question to the vote of the people at a special election;and WHEREAS,on August 19, 1997,the City Council adopted on second reading Ordinance No. 130, 1997, calling a special municipal election on November 4, 1997, in conjunction with the Larimer County Coordinated Election,for the purpose of submitting a ballot issue to the electorate of the City authorizing the collection, retention and expenditure of City revenues in excess of constitutional revenue and spending limits;and WHEREAS,in 1996,the City collected approximately$955,000 in revenue that is above the growth limits imposed under Article X,Section 20 of the constitution of the State of Colorado;and • WHEREAS,the Council has determined that the revenue and spending limits of Article X, Section 20 impair the City's ability to respond to and manage emergency needs of the City and the costs related thereto;and WHEREAS,the Council has further identified certain municipal services and functions that meet critical needs of the citizens of the city,and for which the Council has determined there will be a continuing and growing need in the future,including the protection of public health and safety and transportation services;and WHEREAS, the Council has fiuther determined that it is in the best interest of the City to protect the past and future investments of City revenues m public facilities by assuring the continued and adequate maintenance and repair of those facilities;and WHEREAS,the Council has determined that these important functions and needs of the City are sufficiently critical to justify the expenditure of revenues actually collected by the City for these purposes,notwithstanding the limitations of Article X,Section 20;and WHEREAS,the Council has further confirmed that the exclusion of such revenues from the constitutional revenue and spending limitation shall not result in a change of tax rate upon passage or in the future,and any such future proposed tax rate change shall remain subject to voter approval. • • NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That there is hereby submitted to the registered electors of the City of Fort Collins at a special election to be conducted in conjunction with the Larimer County Coordinated Election to be held in the several precincts of the city on Tuesday,November 4, 1997,the following ballot issue: CITY OF FORT COLLINS INITIATED BALLOT ISSUE SHALL THE CITY OF FORT COLLINS,COLORADO,WITHOUT INCREASING OR ADDING ANY TAXES OF ANY KIND,BE PERMITTED TO COLLECT,RETAIN, AND EXPEND THE FULL PROCEEDS OF THE CITY'S PROPERTY TAXES AND ALL OTHER FUNDS AND REVENUE SOURCES,INCLUDING APPROXIMATELY $955,000 RECEIVED IN 1996 AND ALL REVENUES RECEIVED IN EVERY YEAR THEREAFTER, SO LONG AS THOSE FUNDS OR REVENUES THAT WOULD OTHERWISE EXCEED THE APPLICABLE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION ARE USED FOR THE PURPOSES OF PUBLIC HEALTH AND SAFETY (INCLUDING, BUT NOT LIMITED TO,ENVIRONMENTAL MONITORING AND MITIGATION),GROWTH • MANAGEMENT, TRANSPORTATION SERVICES, AND MAINTAINING AND REPAIRING CTTYFACILTTIES,NOTWITHSTANDINGANY STATE REVENUE OR EXPENDITURE LIMITATIONS, INCLUDING WITHOUT LIMITATION THOSE CONTAINED IN SAID ARTICLE X,SECTION 20? YES NO Section 2. That the City Clerk is hereby directed to certify the above ballot issue for the Latimer County Coordinated Election to the Larimer County Clerk and Recorder no later than September 9, 1997. Passed and adopted at a regular meeting of the City Council held this 2nd day of September, A.D. 1997. ayor ATTEST: City Clerk • INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, entered into this 3r?J day of c, 1987 pursuant to Section 29-1-201 et seq. , C.R.S. , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City", and THE POUDRE VALLEY FIRE PROTECTION DISTRICT, Larimer County, State of Colorado, hereinafter referred to as the "District". WITNESSETH: WHEREAS, the parties to this Agreement have entered into a previous intergovernmental agreement providing for the formation of an independent governmental entityfor the purpose of providing fire protection services within the respective territorial limits of the parties hereto, which entity is known as the POUDRE FIRE AUTHORITY; and WHEREAS, that previous agreement, as amended, has been mutually is beneficial in providing a higher degree of protection to persons and property within the respective territorial limits of the parties hereto; and WHEREAS, the parties desire to provide for the continued existence of the POUDRE FIRE AUTHORITY. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: ARTICLE I GENERAL PROVISIONS I . I. Term of the Agreement. This Agreement shall be in effect from January 1, 1988 until terminated by the parties as herein provided. This Agreement may be terminated by either party hereto, provided written . • notice of termination is given to the other party. The effective date of termination shall be on December 31 of any calendar year, provided said termination shall be no sooner than twenty-four (24) months after service of the written notice of termination. 1.2. Poudre Fire Authority. The existence of the independent governmental entity known as the "POUDRE FIRE AUTHORITY", hereinafter referred to as the "Authority", created by the intergovernmental agreement of the parties dated December 22, 1981, is hereby continued. The Authority is an independent governmental entity separate and distinct from the City and the District. 1.3. Governing Board. The Authority shall be administered by a governing Board of five (5) members. The City shall appoint two (2) members and the District shall appoint two (2) members. The fifth member shall be appointed by the four other members as appointed by the City and District. A. All appointees and terms of appointment shall be at the discretion of the appointing entity. B. All vacancies on the Board shall be filled by the appointing entity. 1.4. Meetings of the Board. A. Regular Meetings. The Board shall provide for regular meetings at -a time and place fixed by resolution of the Board. B. Special Meetings. The Board may conduct special meetings for the purpose of taking immediate action for emergency measures, as necessary. C. Open Meetings. All meetings shall be open to the public. The Board, by majority vote of members present, may go into Executive. . Session for the purpose of discussing personnel matters, meeting ' with attorneys representing the Authority to discuss legal matters, and consideration of real property acquisitions by the Authority. 1 .5. Minutes. The Secretary shall cause all minutes of the meetings of the Board to be kept and shall , prior to the next meeting, provide a copy of the minutes to each member of the Board. 1.6. Voting; Quorum• Required Votes. Each member of the Board shall have one (1) vote. A quorum of the Board shall consist of three (3) members, provided that the City and the District are represented, and no official action on any matter may be taken by the Board unless a quorum is present. The affirmative votes of a majority of the Board members present shall be required for the Board to take any action. (• 1 .7. By-laws. The Board may adopt such by-laws, rules and regulations as necessary for the conduct of its meetings and affairs. ARTICLE II OFFICERS AND EMPLOYEES 2.1. Chairman Vice Chairman and Secretary. The Board shall elect a Chairman and Vice Chairman from its members, and shall appoint a Secretary who may, but need not, be a member of the Board. Said officers shall perform the duties normal for said offices, including the following: A. The Chairman shall sign all contracts on behalf of the Authority, except contracts or agreements that may be signed by the Administrative Chief or Executive Chief of the Authority, as • herein provided, and shall perform such other duties as may be imposed by the Board. B. The Vice Chairman shall perform all of the Chairman's duties in the absence of the Chairman. C. The Secretary shall attest to all contracts signed on behalf of the Authority and perform such other duties as may be imposed by the Board. 2.2. Management The Board shall appoint an Administrative Chief and an Executive Chief to manage the Authority. The Executive Chief shall perform all the Administrative Chief's duties in the absence of the Administrative Chief. The Administrative Chief shall have the power: A. To provide for the planning, design and construction of any buildings, additions or improvements to the facilities owned by the Authority. t B. To execute any contract for capital costs, costs of special services, equipment, materials, supplies, maintenance or repair that involves an expenditures by the Authority of less than Twenty Thousand Dollars ($20,000) . C. To employee all personnel of the Authority required for the provision of services and maintenance and operation of all facilities. D. To employ all personnel required in connection with the planning, design and construction of any buildings , additions or improvements to the facilities owned by the Authority. E. To expend funds and enter into contracts, whenever required, for the immediate preservation of the public health, safety, and- . welfare, provided that the amount of funds involved does not exceed one percent (1%) of the annual budget of the Authority for the year in which the funds are expended or the contract is made. F. To dispose of by sale any personal property of the Authority with a value of less than Ten Thousand Dollars ($10,000.00) . G. To approve payroll payments and other demands for payments by the Authority, provided an individual payment does not exceed Twenty Thousand Dollars ($20,000.00) . H. To prepare and submit to the Board an annual operating budget for the next fiscal year in accordance with the budget schedules of the City and District. I. To adopt general operating guidelines, including operating Policies and inspection policies, as deemed appropriate. J. Generally, to supervise the acquisition, construction, management, maintenance and operation of the Authority's facilities and personnel . K. To perform such other duties as directed by the Board and report to the Board at such times and on such matters as the Board may direct. 2.3. Legal Advisor. The Board shall have the power to appoint a legal advisor of the Authority who shall perform such duties as directed by the Board. 2.4. Other Employees. The Board shall have the power to appoint and employ such other persons for the purpose of providing professional , technical or consulting services as may be necessary for the purposes of this Agreement. ARTICLE III POWERS OF THE AUTHORITY f/ 3.1. General Powers The Authority shall exercise, in the manner herein provided, the powers common to the City and the District, as provided by the laws of the State of Colorado, and all incidental , implied, expressed or necessary powers for the accomplishment of the purposes of this Agreement as provided herein. The Authority shall not have the power to levy taxes. 3.2. Specific Powers The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers including, but not limited to, the following: A. To make and enter into contracts, including those with the parties hereto, for goods or services. B. To employ all necessary personnel . C. To acquire, construct, manage, maintain or operate any buildings, works, improvements or other facilities. D. To acquire, hold or dispose of property. E. To sue and be sued 'in its own name. F. To incur debts, liabilities, or obligations, provided that no debt, liability or obligation shall constitute a debt, liability or obligation of either the City or the District. G. To apply for, accept, receive and disperse grants, loans and other aid from any governmental entity or political subdivision thereof. H. To invest any unexpended funds that are not required for the immediate operation of the Authority, as the Authority determines is advisable, in accordance with the laws of the State of Colorado. I. To administer and enforce the Fire Code adopted by the City and District. J. To carry out and enforce all provisions of this Agreement. ARTICLE IV ORGANIZATIONAL PROCEDURE 4.1 . Delegation of Powers Duties and Responsibilities Each of the parties hereto delegates to the Authority the power, duty and responsibility to maintain, operate, manage and control all of the fire protection facilities, equipment, resources and property of the Authority, including without limitation, all fire stations, land, j• buildings and firefighting equipment, and to employ the necessary personnel and do any and all other things necessary or desirable to provide continued efficient and economical fire protection services to all persons and property within the respective territorial limits of the parties hereto, which area shall be considered the jurisdiction of the Authority. 4.2. Personnel . . A. The Board shall adopt the necessary rules, regulations and procedures which shall govern personnel matters. B. During the term of this Agreement, all employees transferred from the City and the District under the original intergovernmental agreement and all employees hired by the Authority shall be employees of the Authority subject to the terms and conditions of employment in effect as stated in Authority Personnel Rules and Regulations, as amended from time to time. C. All time a transferred employee has spent as a Fire Department employee of either the City or the District shall be considered as time employed by the Authority for the purpose of determining any conditions or benefits of employment with the Authority. D. The establishment of the Authority as an independent governmental entity shall not affect in any manner the rights of City or District employees, hired prior to January 1, 1982, insofar as they relate to pension benefits provided by the laws of the State of Colorado. E. The City and the District shall be responsible for their respective unfunded pension liabilities incurred prior to January 1, 1982. F. At the termination of this Agreement, any unfunded pension liabilities incurred by the Authority during the term of this Agreement shall be assumed by the City or the District in proportion to the allocation of Authority personnel to the City and the District. G. If this Agreement is terminated, any employee of the Authority who was an employee of the City or the District on January 1, 1982 shall have the right to employment with the employee's original employer or the entity which has need for additional employees. Said employment shall be subject to the terms and conditions of employment then in effect as stated in City or District personnel rules. 4.3. Authority Fund. The Board shall establish an Authority Fund to account for all financial transactions of the Authority in accordance with generally accepted accounting principles. ARTICLE V BUDGET; MAINTENANCE AND OPERATION COSTS• OTHER COSTS 5.1. Annual Budget. A. The Board shall adopt a preliminary budget for maintenance and operation costs, capital costs, and costs of special services in accordance with the budget schedules of the City and the District, which budget may be amended from time to time based on changes in revenue projections made by the City and the District. The Board shall submit the budget to the respective governing bodies of the parties hereto. The budget shall become the Authority budget only after approval of the appropriations by the respective governing bodies and final approval by the Board. B. The City shall contribute funding for maintenance and operation costs to the Authority based on a "Revenue Allocation Formula" which shall be set annually based upon a percentage of sales and use tax revenues (excluding sales tax revenue which must be spent on specific projects) and a portion of the operating mill levy of the City's property taxes. The dollar amount of the City's contribution, determined through the use of the "Revenue Allocation Formula", shall be based upon the City's revenue projections made during the City's budgetary process. The District shall adopt a mill levy annually pursuant to state law and a portion of said levy shall be dedicated to the Authority for maintenance and operation costs. The Authority shall request - . funds for capital costs pursuant to the procedures set by the City and District. C. The Board shall present requests for supplemental appropriations to the respective governing bodies of the parties hereto. For the purposes of this Agreement, "supplemental appropriations". shall mean any appropriation made above and beyond the annual appropriation made during the budgetary process. D. The Board shall have the power to reappropriate funds in the fund balance for whatever purpose the Board deems appropriate or necessary without approval of the City or District. Such reappropriations shall be made only at meetings of the Board held after proper notice has been given, according to the bylaws of the Authority. 5.2. Records and Accounts. The Authority shall provide for the keeping of accurate and correct l books of account, showing in detail the capital costs, cost of special services, maintenance and operating costs and all financial transactions of the Authority which books of account shall correctly show any receipts and also any costs, expenses or charges paid to or to be paid by each of the parties hereto. Said books and records shall be open to inspection at all times during normal business hours by 8ny representative of either party or by the accountant or other person authorized by either party to inspect said books or records. The Board shall provide for the auditing of all books and accounts and other financial records of the Authority on an annual basis, with such auditing to be conducted by a certified public accountant. The results of said audit shall be presented to the City and the District . not later than thirty (30) days after receipt by the Board. 5.3. Payment of Costs. Each of the parties agrees to pay to the Authority monthly, in advance, its allocated share of the total estimated annual costs and expenses. The Board is authorized to approve other arrangements for payments by the City and the District, provided the financial security of the Authority is not impaired. In addition to supplemental appropriation requests, the Board is authorized to request amounts in excess of any regular payment for the costs and expenses of the Authority, provided the total annual allocation does not exceed the estimated share of costs and expenses for either party to this Agreement. The Authority shall make available to each of the agencies a final detailed statement of the final costs and expenses for the fiscal year allocated in the same manner as estimated expenses were allocated, as soon as possible after the close of each fiscal year. 5.4. Sources of Funds. Each party shall provide the funds required to be paid by it to the Authority under this Agreement from any source of funds legally available to such entity for such purpose. ARTICLE VI SERVICES 6. 1. Professional Administrative and Support Services. The parties may provide the necessary professional , administrative and support services to the Authority at no cost on the same basis and to the same extent as such services were historically provided by the parties prior to January 1, 1982, except that the parties may enter into additional agreements for the purpose of securing any necessary professional , administrative and support services. \� 6.2. Additional Services. The City may agree to provide other additional services to the Authority, provided the Authority complies with the operating procedures of the City. ARTICLE VII OWNERSHIP OF PROPERTY 7. 1. Real and Personal Property. The Authority shall continue to hold all right, title and interest in any and all real property and personal property transferred to the Authority by the City or the District or acquired by the Authority since January 1, 1982 for the purpose of providing fire protection services, unless such property is disposed of in compliance with the terms of this Agreement. 7.2. Asset Inventory Schedules. The Authority shall maintain separate asset inventory schedules for any and all property transferred from the City or the District which remains under the ownership of the Authority, as well as any and all property acquired by the Authority since January 1, 1982. ARTICLE VIII TERMINATION 8.1. Disposition of Assets. Upon termination of this Agreement pursuant to paragraph 1.1, above, the assets of the Authority shall be disposed of as follows: A. All assets acquired by the Authority from contributions from the parties shall be returned to the contributing party if said assets are still owned by the Authority. B. If assets contributed to the Authority are not in existence, the contributing party shall have the option of receiving the fair market value of the asset at the time of disposal by the Authority- - in either cash (if available) or assets of the Authority. C. All remaining assets acquired by the Authority after January 1, 1982, from funds provided by the parties shall be distributed to the parties on the basis of the appraised value of said assets at the time of termination and in the same proportion as the respective contributions of funds by the parties for acquisition of the asset. D. The parties may agree to dispose of any assets of the Authority in any other acceptable manner. E. If the parties cannot agree on the disposition of certain assets of the Authority, said assets shall be subject to an independent appraisal and shall be sold at public auction with the proceeds allocated to the parties in the same proportion as the respective contributions of funds by the parties for acquisition of the asset. ARTICLE IX MISCELLANEOUS PROVISIONS 9.1. Notices. Any notice required hereunder shall be in writing and shall be sufficient if deposited in the United States mail, postage prepaid to: CITY: City Manager City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 DISTRICT: Chairman Poudre Valley Fire Protection District 102 Remington Street Fort Collins, Colorado 80524 9.2. Consent. Whenever any provision of this Agreement requires consent or approval of the parties hereto, the same shall not be unreasonably withheld. 9.3. Amendments. �^ This Agreement may be amended in writing, as required, by the parties (\ hereto in furtherance of purposes of this Agreement. 9.4. Severability. In the event any provision of this Agreement is determined to be illegal or invalid for any reason, all other provisions of this Agreement shall remain in full force and effect unless and until otherwise determined. The illegality of any provision of this Agreement shall in no way affect the legality and enforceability of any other provision of the Agreement. 9.5. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. 9.6. Assignment and Delegation. A party shall neither assign any of the rights nor delegate any of the duties created by this Agreement without the written consent of the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed on the date hereinabove written. 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