HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/26/2012 - RESOLUTION 2012-048 AUTHORIZING THE INITIATION OFDATE: June 26, 2012
STAFF: Darin Atteberry
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 8
SUBJECT
Resolution 2012-048 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory
of the Poudre Valley Fire Protection District.
EXECUTIVE SUMMARY
This Resolution authorizes the City Attorney to file a petition in Larimer County District Court to exclude properties
annexed into the City in 2010 and 2011 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.
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 (CRS § 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 2010 and 2011, 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2012-048
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 2010 and 2011, 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, THEREFORE, 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 CRS Section 32-1-502 for an order to exclude the
Annexed Properties the boundaries of which are described on Exhibit “A”.
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
Manger may, in consultation with the City Attorney, deem necessary to protect the interests of the
City.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this
26th day of June A.D. 2012.
Mayor
ATTEST:
Interim City Clerk