HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/04/2014 - RESOLUTION 2014-010 AUTHORIZING THE INITIATION OFAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY February 4, 2014
City Council
STAFF
Darin Atteberry, City Manager
SUBJECT
Resolution 2014-010 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the
Territory of the Poudre Valley Fire Protection District.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District Court to
exclude properties annexed into the City in 2013 from the Poudre Valley Fire Protection District (the “District”)
in accordance with state law. The properties will continue to receive fire protection services from the Poudre
Fire Authority.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Property that is within a fire protection district continues to be subject to the District’s property tax assessment
even after annexation to the City until the property is officially excluded from the District. Exclusion must occur
pursuant to state law (C.R.S. Section 32-1-502). The law allows the City to seek exclusion of annexed property
from the district so that the property is not subject to property tax assessment by both the District and the City.
In 2013, the City annexed three areas within the territory of the Poudre Fire Protection District, the legal
descriptions of which are set forth in Exhibit “A” to the proposed Resolution.
Consistent with the state law, this proposed Resolution authorizes:
1. the City Attorney to file a petition on behalf of the City to exclude the annexed properties from the District,
and
2. the City Manager to enter into an agreement with the District for the continuation of fire protection services
within the annexed properties.
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RESOLUTION 2014-010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS
OF ANNEXED PROPERTIES WITHIN THE TERRITORY
OF THE POUDRE VALLEY FIRE PROTECTION DISTRICT
WHEREAS, in 2013, the City annexed three properties within the territory of the Poudre
Valley Fire Protection District (the “District”); and
WHEREAS, C.R.S. Section 32-1-502 requires an order of exclusion from the district
court to remove annexed properties from special district territories; and
WHEREAS, under the provisions of C.R.S. Section 32-1-502(2)(a), an order excluding
property from the boundaries of a special district requires 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, from the date of such annexations, the City has provided municipal services
to said properties, including fire services; and
WHEREAS, the residents within the properties described on Exhibit “A” attached hereto
and incorporated herein by this reference (the “Annexed Properties”) have paid ad valorem
property taxes to the District for fire protection services prior to exclusion, and subsequent to
exclusion, will instead pay ad valorem property taxes to the City 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 provide fire protection services to the Annexed Properties and to exclude the
Annexed Properties from the District; and
WHEREAS, the City Council wishes to properly exclude the Annexed Properties from
the 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 District and the City pursuant to an intergovernmental agreement.
NOW, THEREORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That the City Council hereby agrees that the Annexed Properties should be
excluded from the District.
Section 2. That the City Council hereby authorizes the City Attorney to file a petition
in the Larimer County District Court pursuant to C.R.S. Section 32-1-502 for an order to exclude
the Annexed Properties the boundaries of which are described on Exhibit “A”.
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Section 3. That the City Council hereby agrees to provide fire protection service,
through the Poudre Fire Authority, to the Annexed Properties.
Section 4. That the City 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 served, and
continues to serve, both the District and the City.
Section 5. That the City Manager is authorized to enter into an agreement with the
District for the continuation of services for the Annexed Properties, which agreement shall be
substantially in the form of Exhibit “B” attached hereto, subject to such modifications as the City
Manager may, in consultation with the City Attorney, deem necessary to protect the interests of
the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th
day of February, A.D. 2014.
____________________________________
Mayor
ATTEST:
__________________________________
City Clerk
EXHIBIT “A”
Page 1 of 6
HANSEN FARM ANNEXATION
A parcel of land located in the East Half of Section 7, Township 6 North, Range 68 West
of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more
particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing
South 00º00'53" East and with all bearings herein relative thereto:
COMMENCING at the East Quarter Corner of said Section 7; thence, South
89º59'49" West, 30.00 feet to a point on the westerly right-of-way line of South
Timberline Road, said point being the POINT OF BEGINNING; thence along
said westerly right-of-way line, South 00º05'58" West, 150.36 feet to a point on
the northeasterly line of Johnston Annexation; thence along said northeasterly line
the following 4 courses and distances: North 86º55'07" West, 81.60 feet; thence,
North 70º20'07" West, 286.00 feet; thence, North 39º29'33" West, 64.42 feet;
thence, South 89º59'49" West, 314.41 feet to the West line of that tract of land
described in Reception No. 20100066406, Larimer County Records; thence along
said West line the following 16 courses and distances: North 18º53'29"East,
280.05 feet; thence, South 80º52'47" East, 140.66 feet; thence, North
43º24'32"East, 68.46 feet; thence, North 45º20'54" West,193.08 feet; thence,
North 57º52'49" West, 191.24 feet; thence, North 48º06'28" West, 109.43 feet;
thence, North 63º34'52" West, 198.72 feet; thence, North 49º45'28" West, 330.86
feet; thence, North 47º12'15" West, 783.31 feet; thence, North 55º07'00" West,
318.91 feet; thence, North 74º09'59" West, 184.15 feet; thence, North 03º02'18"
West, 367.61 feet; thence, North 05º59'16" West, 117.72 feet; thence, North
11º32'10" West, 221.70 feet; thence, North 02º51'46" West, 122.76 feet; thence,
North 09º31'29" West, 49.42 feet to the southerly line of Willow Springs
Annexation; thence along said southerly line the following 18 courses and
distances: North 89º11'07" East, 307.33 feet; thence, North 88º58'07" East, 235.40
feet; thence, South 73º22'53" East, 83.20 feet; thence, South 46º25'53" East, 80.40
feet; thence, South 51º11'53" East, 67.70 feet; thence, South 33º06'53" East, 44.10
feet; thence, South 30º14'53" East, 82.50 feet; thence, South 03º55'53" East, 86.50
feet; thence, South 21º48'53" East, 44.90 feet; thence, South 55º53'53" East, 54.20
feet; thence, South 74º38'53" East, 367.20 feet; thence, South 67º46'53" East,
227.00 feet; thence, South 54º53'53" East, 152.80 feet; thence, South 71º51'53"
East, 121.50 feet; thence, South 68º22'53" East, 243.40 feet; thence South
68º41'53" East, 208.00 feet; thence, South 55º18'53" East, 82.70 feet; thence,
South 52º11'53" East, 234.62 feet to a point on the westerly right-of-way line of
South Timberline Road; thence along said westerly right-of-way line, South
00º00'53" East, 190.54 feet; thence, North 89º40'37" East, 60.00 feet to a point on
the East right-of-way line of South Timberline Road; thence along said East line,
South 00º00'53" East, 536.20 feet; thence, South 89º43'20" West, 60.00 feet to the
West right-of-way line of South Timberline Road; thence along said West line,
South 00º00'53" East, 771.38 feet to the POINT OF BEGINNING.
Said parcel of land contains 69.417 acres, more or less
EXHIBIT “A”
Page 2 of 6
DESCRIPTION OF AREA NO. 1 OF THE SOUTHWEST ENCLAVE ANNEXATION
PHASE FOUR TO THE CITY OF FORT COLLINS
A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 10, TOWNSHIP 6 NORTH, RANGE
69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 10, AND CONSIDERING THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10 TO BEAR N00°00'19"E, BASED
UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG SAID EAST LINE N00°00'19"E, A DISTANCE OF 236.19 FEET;
THENCE N89°58'10"W, A DISTANCE OF 30.00 FEET TO THE NORTHEAST CORNER OF LOT 1 OF
MIDWAY SUBDIVISION, SAID POINT BEING ON THE BOUNDARY OF AREA NO. 1 OF THE
SOUTHWEST ENCLAVE ANNEXATION PHASE THREE TO THE CITY OF FORT COLLINS, SAID
POINT ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID SOUTHWEST ENCLAVE ANNEXATION
PHASE THREE THE FOLLOWING NINE (9) COURSES:
1. N89°58'10"W, A DISTANCE OF 435.60 FEET TO THE NORTHWEST CORNER OF SAID LOT
1, MIDWAY SUBDIVISION;
2. S00°00'19"W, A DISTANCE OF 200.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1;
3. ALONG THE SOUTH LINE OF SAID MIDWAY SUBDIVISION, N89°58'10"W, A DISTANCE OF
639.90 FEET TO A POINT ON THE EAST LINE OF LOT 3 OF THE AMENDED HERSH MINOR
RESIDENTIAL DEVELOPMENT NO. 06-S2555;
4. S00°00'19"W, A DISTANCE OF 36.20 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3
AND THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10;
5. ALONG SAID SOUTH LINE AND ALONG THE NORTH LINE OF TRACT A OF THE RHEBA C.
COLTER AMENDED EXEMPTION PLAT (RECEPTION NO. 86045318), S89°58'10"E, A
DISTANCE OF 293.89 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST
LINE OF TRACT B OF SAID EXEMPTION PLAT;
6. S00°01'50"W, A DISTANCE OF 390.00 FEET TO THE SOUTHEAST CORNER OF TRACT B;
7. ALONG THE SOUTH LINE OF SAID TRACTS A AND B, N89°58'10"W, A DISTANCE OF 995.40
FEET TO THE SOUTHWEST CORNER OF SAID TRACT A;
8. N00°48'05"E, A DISTANCE OF 390.04 FEET TO THE NORTHWEST CORNER OF SAID
TRACT A AND THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10;
9. ALONG SAID SOUTH LINE AND ALONG THE NORTH LINE OF TRACT F OF SAID
EXEMPTION PLAT, N89°58'10"W, A DISTANCE OF 872.20 FEET TO THE CENTER QUARTER
CORNER OF SAID SECTION 10;
THENCE ALONG THE EAST LINES OF THE CATHY FROMME SECOND NATURAL AREA
ANNEXATION AND THE CATHY FROMME NATURAL AREA ANNEXATION, ALSO BEING THE WEST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, N00°35'17"E, A DISTANCE OF 2131.99
FEET TO THE SOUTHWEST CORNER OF THE FOSSIL CREEK ESTATES ANNEXATION;
THENCE ALONG THE SOUTH LINE OF SAID FOSSIL CREEK ESTATES ANNEXATION THE
EXHIBIT “A”
Page 3 of 6
FOLLOWING FIFTY-EIGHT (58) COURSES:
1. S32°56'22"E, A DISTANCE OF 75.69 FEET;
2. S21°37'54"E, A DISTANCE OF 45.80 FEET;
3. S46°43'54"E, A DISTANCE OF 25.69 FEET;
4. S78°09'04"E, A DISTANCE OF 108.79 FEET;
5. S89°06'59"E, A DISTANCE OF 44.82 FEET;
6. N58°28'01"E, A DISTANCE OF 31.03 FEET;
7. N52°04'31"E, A DISTANCE OF 50.69 FEET;
8. S74°57'19"E, A DISTANCE OF 53.30 FEET;
9. S57°34'54"E, A DISTANCE OF 57.41 FEET;
10. S34°52'34"E, A DISTANCE OF 146.57 FEET;
11. S48°44'44"E, A DISTANCE OF 34.42 FEET;
12. S70°54'19"E, A DISTANCE OF 85.77 FEET;
13. S63°48'54"E, A DISTANCE OF 33.37 FEET;
14. S43°10'44"E, A DISTANCE OF 58.50 FEET;
15. S32°35'54"E, A DISTANCE OF 37.30 FEET;
16. S25°40'54"E, A DISTANCE OF 30.28 FEET;
17. N57°42'11"E, A DISTANCE OF 102.12 FEET;
18. S50°09'19"E, A DISTANCE OF 29.46 FEET;
19. S77°09'59"E, A DISTANCE OF 18.38 FEET;
20. N88°41'56"E, A DISTANCE OF 16.02 FEET;
21. N70°27'36"E, A DISTANCE OF 32.99 FEET;
22. N87°41'11"E, A DISTANCE OF 25.00 FEET;
23. S78°30'04"E, A DISTANCE OF 85.68 FEET;
24. S85°26'34"E, A DISTANCE OF 86.15 FEET;
25. S54°59'44"E, A DISTANCE OF 18.89 FEET;
26. S70°36'24"E, A DISTANCE OF 23.44 FEET;
27. N75°17'11"E, A DISTANCE OF 27.89 FEET;
EXHIBIT “A”
Page 4 of 6
28. N86°35'01"E, A DISTANCE OF 22.96 FEET;
29. S76°34'54"E, A DISTANCE OF 50.20 FEET;
30. N85°49'56"E, A DISTANCE OF 16.75 FEET;
31. N78°16'06"E, A DISTANCE OF 44.84 FEET;
32. N70°17'01"E, A DISTANCE OF 20.37 FEET;
33. N58°40'36"E, A DISTANCE OF 23.25 FEET;
34. N49°26'46"E, A DISTANCE OF 42.67 FEET;
35. N33°50'31"E, A DISTANCE OF 28.84 FEET;
36. N41°52'01"E, A DISTANCE OF 24.72 FEET;
37. N54°55'36"E, A DISTANCE OF 15.77 FEET;
38. N64°08'01"E, A DISTANCE OF 18.46 FEET;
39. N49°03'01"E, A DISTANCE OF 108.01 FEET;
40. N34°53'51"E, A DISTANCE OF 15.12 FEET;
41. N25°56'31"E, A DISTANCE OF 11.54 FEET;
42. N14°52'31"E, A DISTANCE OF 51.26 FEET;
43. N33°37'01"E, A DISTANCE OF 16.17 FEET;
44. N58°05'46"E, A DISTANCE OF 23.19 FEET;
45. N74°15'01"E, A DISTANCE OF 28.99 FEET;
46. N67°21'36"E, A DISTANCE OF 14.94 FEET;
47. N49°19'46"E, A DISTANCE OF 15.90 FEET;
48. N35°04'26"E, A DISTANCE OF 12.20 FEET;
49. N12°16'51"E, A DISTANCE OF 25.46 FEET;
50. N00°18'16"E, A DISTANCE OF 36.94 FEET;
51. N07°30'16"E, A DISTANCE OF 25.23 FEET;
52. N20°07'46"E, A DISTANCE OF 25.10 FEET;
53. N30°31'56"E, A DISTANCE OF 15.03 FEET;
54. N46°32'31"E, A DISTANCE OF 12.68 FEET;
55. N72°26'56"E, A DISTANCE OF 47.34 FEET;
EXHIBIT “A”
Page 5 of 6
56. N57°51'16"E, A DISTANCE OF 12.41 FEET;
57. N40°21'26"E, A DISTANCE OF 49.98 FEET;
58. N53°55'01"E, A DISTANCE OF 20.31 FEET TO THE SOUTHWEST CORNER OF THE
WUERKER ANNEXATION;
THENCE ALONG THE SOUTH LINE OF SAID WUERKER ANNEXATION THE FOLLOWING
FOURTEEN (14) COURSES:
1. N70°44'11"E, A DISTANCE OF 33.44 FEET;
2. N84°32'01"E, A DISTANCE OF 28.93 FEET;
3. S82°56'34"E, A DISTANCE OF 21.55 FEET;
4. S75°23'34"E, A DISTANCE OF 22.16 FEET;
5. S65°59'29"E, A DISTANCE OF 18.09 FEET;
6. S47°25'09"E, A DISTANCE OF 26.58 FEET;
7. S25°57'39"E, A DISTANCE OF 127.52 FEET;
8. S23°04'39"E, A DISTANCE OF 53.88 FEET;
9. S30°42'34"E, A DISTANCE OF 19.32 FEET;
10. S40°50'14"E, A DISTANCE OF 21.12 FEET;
11. S44°55'29"E, A DISTANCE OF 67.22 FEET;
12. S21°43'34"E, A DISTANCE OF 16.90 FEET;
13. S04°44'44"E, A DISTANCE OF 32.23 FEET;
14. N88°32'16"E, A DISTANCE OF 601.93 FEET TO A POINT ON THE WEST LINE OF AREA NO.
1 OF THE SOUTHWEST ENCLAVE ANNEXATION PHASE THREE;
THENCE ALONG SAID WEST LINE, S00°00'19"W, A DISTANCE OF 1,689.94 FEET TO THE POINT OF
BEGINNING.
CONTAINING 5,298,496 SQUARE FEET (121.637 ACRES), MORE OR LESS.
EXHIBIT “A”
Page 6 of 6
DESCRIPTION OF AREA NO. 2 OF THE SOUTHWEST ENCLAVE ANNEXATION
PHASE FOUR TO THE CITY OF FORT COLLINS
A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 10, AND THE NORTHWEST
QUARTER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY
OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 10, AND CONSIDERING THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 TO BEAR N00°16'02"E, BASED
UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG SAID EAST LINE N00°16'02"E, A DISTANCE OF 30.00 FEET;
THENCE S89°45'26"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF TRILBY
HEIGHTS SIXTH ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT
OF BEGINNING;
THENCE ALONG SAID NORTH LINE, S89°45'26"W, A DISTANCE OF 2,690.71 FEET;
THENCE ALONG THE WEST LINE OF SAID TRILBY HEIGHTS SIXTH ANNEXATION S00°51'54"W, A
DISTANCE OF 1,349.09 FEET TO A POINT ON THE NORTH LINE OF COYOTE RIDGE SIXTH
ANNEXATION, BEING THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER
OF SAID SECTION 15;
THENCE ALONG SAID NORTH LINE THE FOLLOWING TWO (2) COURSES:
1. S89°50’54"W, A DISTANCE OF 1300.31 FEET;
2. S89°51’00"W, A DISTANCE OF 1253.97 FEET TO A POINT ON THE EAST LINE OF COYOTE
RIDGE SECOND ANNEXATION, BEING THE EAST RIGHT OF WAY LINE OF SOUTH TAFT
HILL ROAD;
THENCE ALONG SAID EAST LINE, THE FOLLOWING TWO (2) COURSES:
1. N00°07'32"E, A DISTANCE OF 1,312.61 FEET;
2. N02°02'30"E, A DISTANCE OF 1,338.32 FEET TO A POINT ON THE SOUTH LINE OF CATHY
FROMME SECOND NATURAL AREA ANNEXATION, BEING THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 10;
THENCE ALONG SAID SOUTH LINE, N89°53'37"E, A DISTANCE OF 2,569.37 FEET TO THE
NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 10;
THENCE ALONG THE EAST LINE OF CATHY FROMME SECOND NATURAL AREA ANNEXATION,
BEING THE WEST LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10,
N00°36'30"E, A DISTANCE OF 399.49 FEET TO A POINT ON THE SOUTH LINE OF AREA NO. 1 OF
THE SOUTHWEST ENCLAVE ANNEXATION PHASE THREE;
THENCE ALONG SAID SOUTH LINE, ALSO BEING THE SOUTH LINE OF THE RHEBA C. COLTER
AMENDED EXEMPTION PLAT (RECEPTION NO. 86045318), THE FOLLOWING FOUR (4) COURSES:
1. N87°23'59"E, A DISTANCE OF 1428.66 FEET;
2. N22°09'02"E, A DISTANCE OF 187.03 FEET;
3. N82°41'02"E, A DISTANCE OF 508.39 FEET;
4. S77°07'58"E, A DISTANCE OF 664.48 FEET;
THENCE ALONG THE WEST LINE OF SAID AREA NO. 1, S00°16'02"W, A DISTANCE OF 1,842.08
FEET TO THE POINT OF BEGINNING.
CONTAINING 11,653,178 SQUARE FEET (267.520 ACRES), MORE OR LESS.
Page 1 of 3
MEMORANDUM OF AGREEMENT FOR
CONTINUATION OF SERVICE
(POUDRE VALLEY FIRE PROTECTION DISTRICT/CITY OF FORT COLLINS)
THIS AGREEMENT, is made and entered into this __________ day of____, 2014, by
and between the CITY OF FORT COLLINS, COLORADO, a municipal home-rule corporation
(the "City"), and the POUDRE VALLEY FIRE PROTECTION DISTRICT, a special statutory
district within the State of Colorado (the "District");
WHEREAS, the City has recently filed pursuant to Section 32-1-502(1)(a), C.R.S., a
Petition with the District Court in and for Larimer County, Colorado for an Order excluding
certain properties from the territory of the District, which properties are shown on Exhibit "A"
(the “Properties”) hereto attached, the contents of which are incorporated by reference herein;
and
WHEREAS, said Petition is premised upon the prior annexation and inclusion of the
Properties within the municipal boundaries of the City; and
WHEREAS, it is the mutual desire of the City and the District to set forth their
understanding and agreement with regard to the continuation of fire protection services to the
Properties, as well as remaining properties within the boundaries of the District and Poudre Fire
Authority, as defined below;
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
obligations herein contained, the parties agree:
1. From and after the effective date of any Order of Exclusion issued by the District
Court in response to the City's Petition, filed pursuant to Section 32-1-502(1)(a), which effective
date is anticipated to be January 1, 2015, the City will continue to assume full and complete
responsibility for fire protection services to the Properties. Such fire protection services shall be
provided by Poudre Fire Authority (“PFA”) pursuant to that certain intergovernmental agreement
effective November 3, 1987, by and between the City and the District.
2. From and after the effective date of the Exclusion Order entered by the District
Court in and for Larimer County, Colorado, the District shall have no further liability or
responsibility with regard to the provision of fire protection services for the Properties or any
improvements thereon, other than the obligations existing under the aforementioned
intergovernmental agreement creating PFA for the provision of regional fire services.
3. From and after the effective date of any Exclusion Order entered by the District
Court in and for Larimer County, Colorado, the District agrees that the Properties shall be free
from taxation by the District, other than mill levies assessed for purposes of paying outstanding
bonded indebtedness and interest thereon, owed by the District effective immediately prior to the
effective date of such Exclusion Order. Exclusion of the Properties from the District and entry
EXHIBIT B
Page 2 of 3
of an Exclusion Order by the District Court shall not affect any claim the District may have or
the District's ability to make such claim for taxes which were certified by the District prior to the
effective date of the Exclusion Order.
4. The District will retain ownership of all equipment and facilities now owned by
the District, including such facilities as may be located within the Properties, if any.
5. The District will, through its agreement with PFA, continue to provide fire
protection services to those properties located within the boundaries of the District, as modified
by the exclusion of territory pursuant to the anticipated Exclusion Order requested from the
District Court.
6. In the event that any bonded indebtedness exists as of the effective date of the
anticipated Exclusion Order, the Board of Directors of the District shall continue to assess a
proportional mill levy against the Properties, together with other properties within the boundaries
of the District, sufficient to repay the principal and accrued interest on any such bonded
indebtedness in accordance with the terms and provisions of the instruments pursuant to which
said obligations have been created and incurred.
7. Nothing within this Agreement shall modify or terminate any obligations of the
City or the District with respect to existing obligations under the intergovernmental agreement
forming the PFA, including any future amendments or modifications thereto as the parties may
hereafter agree.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
CITY OF FORT COLLINS, COLORADO,
ATTEST: a municipal home-rule corporation
______________________ ________________________
City Clerk Darin Atteberry, City Manager
Approved as to form:
________________________
Assistant City Attorney
Page 3 of 3
POUDRE VALLEY FIRE PROTECTION
DISTRICT,
a special statutory district within the State of
Colorado
__________________________________
By: ________________
Chairman, Board of Directors
Approved as to form:
__________________________________
By: Robert G. Cole
Attorney for Poudre Valley Fire Protection
District