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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/15/2005 - RESOLUTION 2005-014 AUTHORIZING THE INITIATION OF ITEM NUMBER: 26 AGENDA ITEM SUMMARY DATE: February 15, 2005 FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry SUBJECT Resolution 2005-014 Authorizing the Initiation of Exclusion Proceedings in District Court Regarding the Exclusion of Previously Annexed Properties Within the Territory of the Poudre Valley Fire Protection District. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY This Resolution authorizes the City Attorney to file a petition in the Larimer County District Court to properly exclude previously annexed properties from the Poudre Valley Fire Protection District in accordance with state law and to allow for the provision of fire protection services to such properties by the Poudre Fire Authority. BACKGROUND The City has previously annexed numerous properties within the territory of the Poudre Valley Fire Protection District. State law (CRS Section 32-1-502) requires an order of exclusion from the district court to remove or exclude annexed properties from special district territories. Pursuant to state statute,the governing body of the annexing municipality must agree,by resolution,to provide the services previously provided by the special district to the area described in the petition. For many years, annexed properties have been excluded by the Larimer County Assessor from the Poudre Valley Fire Protection District without a court order, contrary to state statute. Prior to annexation,the residents within the properties described on Exhibit"A"attached to the Resolution, have historically paid ad valorem property taxes to the Poudre Valley Fire Protection District for fire protection services and, subsequent to annexation, have been paying ad valorem property taxes to the City of Fort Collins for City services, including fire protection. From the date of such annexations, the City has provided municipal services to said properties, including police and fire services. February 15, 2005 -2- Item No. 26 This Resolution sets forth the City's agreement to continue to provide fire protection services to the previously annexed properties and allows the City Attorney to begin the process for an order of exclusion. RESOLUTION 2005-014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS IN DISTRICT COURT REGARDING THE EXCLUSION OF PREVIOUSLY ANNEXED PROPERTIES WITHIN THE TERRITORY OF THE POUDRE VALLEY FIRE PROTECTION DISTRICT WHEREAS,the City has previously annexed numerous properties within the territory of the Poudre Valley Fire Protection District; and WHEREAS, CRS Section 32-1-502 requires an order of exclusion from the district court to remove or exclude annexed properties from special district territories; and WHEREAS, under the provisions of C.R.S. Section 32-1-502(2)(a), any order excluding property from the boundaries of a special district must require the governing body of the annexing municipality to agree, by resolution, to provide the services previously provided by the special district to the area described in the petition for exclusion from and after the effective date of the exclusion order; and WHEREAS,for many years, annexed properties have been excluded by the Larimer County Assessor from the Poudre Valley Fire Protection District without a court order contrary to state statute; and WHEREAS,from the date of such annexations,the City has provided municipal services to said properties, including police and fire services; and WHEREAS,the residents within the properties described on Exhibit"A"attached hereto and incorporated herein by this reference (the "Previously Annexed Properties")have historically paid ad valorem property taxes to the Poudre Valley Fire Protection District for fire protection services prior to annexation and, subsequent to annexation, have instead been paying ad valorem property taxes to the City of Fort Collins for city services, including fire protection; and WHEREAS, it is the desire and intent of the City Council to reflect by this Resolution its willingness to continue to provide fire protection services to the Previously Annexed Properties and to all properties that are annexed to the City in the future,and to exclude all such properties from the Poudre Valley Fire Protection District upon annexation; and WHEREAS,the City Council wishes to properly exclude the Previously Annexed Properties from the Fire District in accordance with law and to allow for the provision of fire protection services to such properties by the Poudre Fire Authority, which is an independent entity providing fire protection services to both the Poudre Valley Fire Protection District and the City pursuant to an intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby agrees that the Previously Annexed Properties should be retroactively excluded from the Poudre Valley Fire Protection District. Section 2. That the Council hereby authorizes the City Attorney to file a petition in the Larimer County District Court pursuant to CRS Section 32-1-502 for an order to exclude the Previously Annexed Properties, the boundaries of which are shown on Exhibit "A". Section 3. That the Council hereby agrees to continue to provide fire protection service, through the Poudre Fire Authority, to the Previously Annexed Properties. Section 4. That the Council hereby finds that a plan for the disposition of assets or continuation of service is unnecessary as the Poudre Fire Authority has in the past and continues to serve both the Poudre Valley Fire Protection District and the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 15th day of February, A.D. 2005. Mayor ATTEST: City Clerk .......... m—K-MR � �.�� '■ �~ �v.� :/IIIII, ��i =T11111111 NMI �11 ,i NM A,AfflRIrgP ago: �Jra ^ryei OUNTAIN VISTA DR wig ]ZA OftyP.ffi- till A NO 11 ONE rEm 0—muffimm g IA ==a � Ili LIT I ��liU U13,IrA~ LEli— ...... NMI 1•'� 'E, �' �� In OF piz I 1 - � . IIIII t' k I Iili nnnnn��! r�hi iii�� \. �� 1r• ,L.7 -- � loon i I 'III II �..,._:�,.•� ,1 t� ., f�— �,.i{'r��.�, �, '' ��■h�� ,,_ - �� I111111111a,. Mill I I In M A k 011 mail Mol '��■(III ,' � Lim _••. ■:� JIM IN ON E MEN Ns ism= WE NIL