HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/19/2016 - RESOLUTION 2016-004 AUTHORIZING THE INITIATION OFAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY January 19, 2016
City Council
STAFF
Darin Atteberry, City Manager
SUBJECT
Resolution 2016-004 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 2015 from the Poudre Valley Fire Protection District (the “District”)
in accordance with state law. The properties affected by this resolution are Kechter Farm Second Annexation
and Wood Street Second Annexation. C.R.S. Section 32-1-502 requires an order of exclusion from the district
court to remove these annexed properties from special district territories. The properties have been receiving
fire protection services from the Poudre Fire Authority and will continue to do so. The City Attorney’s Office
files the petition in Larimer County District Court each year seeking exclusion for all properties annexed in the
previous year that should be removed from the District to avoid double taxation.
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 2015, the City annexed two 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.
RESOLUTION 2016-004
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 2015, the City annexed two 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 makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby agrees that the Annexed Properties should be
excluded from the District.
Section 3. 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”.
Section 4. That the City Council hereby agrees to provide fire protection service,
through the Poudre Fire Authority, to the Annexed Properties.
Section 5. 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 6. 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
19th day of January, A.D. 2016.
____________________________________
Mayor
ATTEST:
__________________________________
City Clerk
EXHIBIT “A”
1
KECHTER FARM SECOND ANNEXATION
Parcel 1:
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68
WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECHTER FARM PLANNED LAND DIVISION
FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF 1445.97 FEET.
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST
QUARTER OF SECTION 8, TOWNSHIP 6 NORTH RANGE 68 WEST OF THE 6TH P.M. SAID CORNER
BEING THE NORTHWESTERLY CORNER OF SAID TRACT S, KECHTER FARM PLANNED LAND
DIVISION FILING 1, AS RECORDED UNDER RECEPTION NUMBER 20140024916 IN THE OFFICES OF
THE LARIMER COUNTY CLERK AND RECORDER;
THENCE ON THE NORTHERLY LINE OF TRACT S, ALSO BEING THE NORTH LINE OF THE SOUTH
ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8, N89°39'17"E A DISTANCE OF 1445.97
FEET, TO A POINT ON THE WESTERLY LINE OF THE KINARD JUNIOR HIGH SCHOOL ANNEXATION
TO THE CITY OF FORT COLLINS;
THENCE ON THE WESTERLY LINE OF SAID ANNEXATION, S00°17'17"W A DISTANCE OF 547.39 FEET,
TO A POINT ON THE NORTHERLY LINE OF THE KECHTER FARM ANNEXATION TO THE CITY OF
FORT COLLINS;
THENCE ON THE NORTHERLY LINE OF SAID KECHTER FARM ANNEXATION THE FOLLOWING
TWENTY-NINE (29) COURSES:
1. S89°39'17"W A DISTANCE OF 114.78 FEET;
2. N89°42'43"W A DISTANCE OF 62.00 FEET;
3. S00°17'17"W A DISTANCE OF 17.45 FEET;
4. S44°58'17"W A DISTANCE OF 6.82 FEET;
5. S89°39'17"W A DISTANCE OF 202.56 FEET;
6. N45°01'43"W A DISTANCE OF 6.55 FEET;
7. N00°17'17"E A DISTANCE OF 1.28 FEET;
8. N89°42'43"W A DISTANCE OF 71.00 FEET;
9. S00°17'17"W A DISTANCE OF 1.93 FEET;
10. S44°58'17"W A DISTANCE OF 6.82 FEET;
11. S89°39'17"W A DISTANCE OF 202.56 FEET;
12. N45°01'43"W A DISTANCE OF 6.55 FEET;
EXHIBIT “A”
2
13. N00°17'17"E A DISTANCE OF 1.17 FEET;
14. N89°42'43"W A DISTANCE OF 91.00 FEET;
15. S00°17'17"W A DISTANCE OF 2.04 FEET;
16. S44°58'17"W A DISTANCE OF 6.82 FEET;
17. S89°39'17"W A DISTANCE OF 202.56 FEET;
18. N45°01'43"W A DISTANCE OF 6.55 FEET;
19. N00°17'17"E A DISTANCE OF 1.28 FEET;
20. N89°42'43"W A DISTANCE OF 71.00 FEET;
21. S00°17'17"W A DISTANCE OF 1.90 FEET;
22. S44°54'01"W A DISTANCE OF 6.85 FEET;
23. N89°36'13"W A DISTANCE OF 202.42 FEET;
24. N44°29'40"W A DISTANCE OF 6.78 FEET;
25. N00°17'17"E A DISTANCE OF 1.83 FEET;
26. N89°42'43"W A DISTANCE OF 71.00 FEET;
27. S00°17'17"W A DISTANCE OF 1.18 FEET;
28. S45°30'20"W A DISTANCE OF 6.88 FEET;
29. N89°16'36"W A DISTANCE OF 116.49 FEET, TO A POINT ON THE WEST LINE OF THE SOUTH
ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8;
THENCE ON SAID WEST LINE, N00°43'20"E A DISTANCE OF 562.71 FEET, TO THE POINT OF
BEGINNING;
CONTAINING A CALCULATED AREA OF 816,849 SQUARE FEET OR 18.7523 ACRES.
Parcel 2:
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68
WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECHTER FARM PLANNED LAND DIVISION
FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF 1445.97 FEET.
BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68
WEST OF THE 6TH PRINCIPAL MERIDIAN;
EXHIBIT “A”
3
THENCE ON THE WEST LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID
SECTION 8, N00°43’20”E A DISTANCE OF 31.77 FEET, TO A POINT ON THE WESTERLY LINE OF THE
KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ON THE WESTERLY LINE OF SAID KECHTER FARM ANNEXATION THE FOLLOWING
TWENTY-SIX (26) COURSES:
1. S87°51'05"E A DISTANCE OF 35.85 FEET;
2. S05°28'46"E A DISTANCE OF 46.86 FEET;
3. S21°33'42"E A DISTANCE OF 62.75 FEET;
4. S25°03'19"E A DISTANCE OF 18.00 FEET;
5. S25°28'04"E A DISTANCE OF 70.00 FEET;
6. S34°03'21"E A DISTANCE OF 89.70 FEET;
7. S46°06'36"E A DISTANCE OF 85.22 FEET;
8. S58°02'45"E A DISTANCE OF 87.99 FEET;
9. S64°06'35"E A DISTANCE OF 308.81 FEET;
10. S66°54'29"E A DISTANCE OF 73.04 FEET;
11. S78°09'57"E A DISTANCE OF 71.60 FEET;
12. S89°49'26"E A DISTANCE OF 70.59 FEET;
13. N74°53'28"E A DISTANCE OF 96.45 FEET;
14. N61°28'24"E A DISTANCE OF 69.69 FEET;
15. N53°22'15"E A DISTANCE OF 69.69 FEET;
16. N39°52'00"E A DISTANCE OF 69.86 FEET;
17. S55°48'39"E A DISTANCE OF 131.53 FEET;
18. S32°35’48”W A DISTANCE OF 10.98 FEET;
19. S56°41'38"E A DISTANCE OF 171.79 FEET;
20. S54°49'16"E A DISTANCE OF 61.63 FEET, TO A POINT OF NON-TANGENT CURVE;
21. ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS
S61°39’57”W A CHORD DISTANCE OF 1219.35 FEET, HAVING A RADIUS OF 1367.00 FEET, A
CENTRAL ANGLE OF 52°58'26" AND AN ARC LENGTH OF 1263.88 FEET, TO A POINT OF NON-
TANGENT;
EXHIBIT “A”
4
22. N45°58'29"W A DISTANCE OF 24.47 FEET;
23. S89°41'18"W A DISTANCE OF 45.49 FEET;
24. S00°18'42"E A DISTANCE OF 7.34 FEET;
25. S45°12'33"W A DISTANCE OF 14.01 FEET;
26. N89°16'11"W A DISTANCE OF 193.74 FEET, TO A POINT ON THE WEST LINE OF THE
SOUTHEAST QUARTER OF SECTION 8;
THENCE ON SAID WEST LINE N00°43'49"E A DISTANCE OF 1148.62 FEET;
CONTAINING A CALCULATED AREA OF 815,667 SQUARE FEET OR 18.7251 ACRES.
Parcel 3:
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68
WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECHTER FARM PLANNED LAND DIVISION
FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF 1445.97 FEET.
COMMENCING AT THE CENTER ONE-QUARTER CORNER OF SECTION 8, TOWNSHIP 6 NORTH,
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN;
THENCE ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8, S00°43'49"W A
DISTANCE OF 1214.62 FEET, TO A POINT ON THE SOUTHERLY LINE OF THE KECHTER FARM
ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ON SAID SOUTHERLY LINE, S89°16'27"E A DISTANCE OF 51.92 FEET, TO THE POINT OF
BEGINNING;
THENCE CONTINUING ON SAID SOUTHERLY LINE THE FOLLOWING TWENTY-SEVEN (27)
COURSES:
1. S89°16'05"E A DISTANCE OF 143.03 FEET;
2. S44°47'27"E A DISTANCE OF 14.27 FEET;
3. S00°18'42"E A DISTANCE OF 6.76 FEET;
4. N89°41'18"E A DISTANCE OF 53.00 FEET;
5. N00°18'42"W A DISTANCE OF 6.76 FEET;
6. N44°03'21"E A DISTANCE OF 14.30 FEET, TO A POINT OF NON-TANGENT CURVE;
7. ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS N72°44’15”E
A CHORD DISTANCE OF 765.23 FEET, HAVING A RADIUS OF 1433.00 FEET, A CENTRAL
ANGLE OF 30°58'19" AND AN ARC LENGTH OF 774.63 FEET, TO A POINT OF NON-TANGENT;
8. S32°44'55"E A DISTANCE OF 62.13 FEET;
EXHIBIT “A”
5
9. S45°09'46"E A DISTANCE OF 111.92 FEET;
10. S51°29'52"E A DISTANCE OF 109.07 FEET;
11. S58°02'05"E A DISTANCE OF 109.07 FEET;
12. S63°13'21"E A DISTANCE OF 87.09 FEET;
13. S25°04'54"W A DISTANCE OF 63.27 FEET;
14. S03°57'47"E A DISTANCE OF 169.59 FEET;
15. S56°34'16"E A DISTANCE OF 182.04 FEET;
16. N74°00'16"E A DISTANCE OF 182.79 FEET;
17. N19°34'55"E A DISTANCE OF 144.16 FEET;
18. N07°14'48"W A DISTANCE OF 63.27 FEET;
19. N88°26'56"E A DISTANCE OF 109.07 FEET;
20. N81°54'52"E A DISTANCE OF 109.00 FEET;
21. N78°22'07"E A DISTANCE OF 100.00 FEET;
22. N82°34'51"E A DISTANCE OF 89.76 FEET;
23. S83°58'56"E A DISTANCE OF 97.74 FEET;
24. S80°44'59"E A DISTANCE OF 204.79 FEET;
25. S78°34'39"E A DISTANCE OF 53.00 FEET;
26. N11°25'21"E A DISTANCE OF 45.30 FEET;
27. S78°34'39"E A DISTANCE OF 150.00 FEET, TO A POINT ON THE SOUTHERLY LINE OF TRACT
U, KECHTER FARM PLANNED LAND DIVISION FILING 1;
THENCE ON THE SOUTHERLY LINE OF TRACT U, THE FOLLOWING TWENTY-SIX (26) COURSES:
1. S11°25'21"W A DISTANCE OF 260.00 FEET;
2. S16°22'16"W A DISTANCE OF 144.25 FEET;
3. S28°48'27"W A DISTANCE OF 146.19 FEET;
4. S41°24'00"W A DISTANCE OF 146.19 FEET;
5. S52°49'36"W A DISTANCE OF 146.55 FEET;
EXHIBIT “A”
6
6. S62°04'00"W A DISTANCE OF 41.54 FEET;
7. S70°08'26"W A DISTANCE OF 146.85 FEET;
8. S82°43'59"W A DISTANCE OF 146.85 FEET;
9. N84°40'28"W A DISTANCE OF 146.85 FEET;
10. N70°56'15"W A DISTANCE OF 145.94 FEET;
11. N65°14'00"W A DISTANCE OF 130.02 FEET;
12. N65°12'57"W A DISTANCE OF 30.00 FEET;
13. N67°45'31"W A DISTANCE OF 121.29 FEET;
14. N80°12'34"W A DISTANCE OF 119.67 FEET;
15. S86°55'18"W A DISTANCE OF 119.34 FEET;
16. S83°23'03"W A DISTANCE OF 260.00 FEET;
17. S83°50'49"W A DISTANCE OF 170.59 FEET;
18. N83°50'28"W A DISTANCE OF 146.71 FEET;
19. N71°21'15"W A DISTANCE OF 146.71 FEET;
20. N58°52'02"W A DISTANCE OF 146.71 FEET;
21. N46°22'49"W A DISTANCE OF 146.71 FEET;
22. N33°53'36"W A DISTANCE OF 146.71 FEET;
23. N20°14'22"W A DISTANCE OF 146.41 FEET;
24. N10°05'12"W A DISTANCE OF 146.41 FEET;
25. N00°33'31"W A DISTANCE OF 133.21 FEET;
26. N00°18'42"W A DISTANCE OF 28.41 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1,790,220 SQUARE FEET OR 41.0978 ACRES
EXHIBIT “A”
7
WOOD STREET SECOND ANNEXATION
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP
7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2, AND
CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2 TO
BEAR N89°14'45"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4"
ALUMINUM CAP STAMPED LS 13155, AND ON ITS WEST END BY A 3" ALUMINUM CAP
STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT
COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 2,
N00°40'54"E, A DISTANCE OF 342.30 FEET TO THE NORTHEAST CORNER OF THE
SERVICE CENTER ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE
POINT OF BEGINNING;
THENCE ALONG THE NORTH LINE OF SAID SERVICE CENTER ANNEXATION THE
FOLLOWING TWO (2) COURSES:
1. N85°40'18"W, A DISTANCE OF 953.72 FEET;
2. N65°32'18"W, A DISTANCE OF 86.02 FEET TO THE SOUTHEAST CORNER OF THE
DUFFY ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ALONG THE EAST AND NORTH LINES OF SAID DUFFY ANNEXATION THE
FOLLOWING TWO (2) COURSES:
1. N00°46'42"E, A DISTANCE OF 227.38 FEET;
2. N89°13'18"W, A DISTANCE OF 242.84 FEET TO A POINT ON THE EAST LINE OF
THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ALONG SAID EAST LINE, N00°46'42"E, A DISTANCE OF 322.95 FEET TO A POINT
ON THE SOUTH LINE OF THE WOOD STREET ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE ALONG SAID SOUTH LINE, S89°17'17"E, A DISTANCE OF 1,272.42 FEET TO A
POINT ON THE WEST LINE OF THE PLAT OF THE TOWN OF FORT COLLINS, ALSO BEING
THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2;
THENCE ALONG SAID WEST LINE, S00°40'54"W, A DISTANCE OF 645.41 FEET TO THE
POINT OF BEGINNING.
CONTAINING 708,577 SQUARE FEET (16.267 ACRES), MORE OR LESS
EXHIBIT “B”
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____, 2016, 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, 2017, 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
EXHIBIT “B”
Page 2 of 3
effective date of such Exclusion Order. Exclusion of the Properties from the District and entry
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
EXHIBIT “B”
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