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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/02/2017 - RESOLUTION 2017-040 REPEALING RESOLUTION 2017-010Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY May 2, 2017 City Council STAFF Darin Atteberry, City Manager SUBJECT Resolution 2017-040 Repealing Resolution 2017-010 and Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territories of the Poudre Valley Fire Protection District and the Windsor- Severance Fire Protection District. EXECUTIVE SUMMARY The purpose of this item is to repeal Resolution 2017-010 and to enact a new Resolution to clarify that the Lodgepole Investments LLC Annexation is within the territory of the Windsor-Severance Fire Protection District rather than the Poudre Valley Fire Protection District. This Resolution will also authorize the City Attorney to file a petition in the Larimer County District Court to exclude five properties within the Poudre Valley Fire Protection District that were annexed into the City in 2016, and to file a petition in the Weld County District Court to exclude one property within the Windsor-Severance Fire Protection District that was annexed into the City in 2016. The properties affected by this Resolution are Lodgepole Investments, LLC Annexation, Maverik First Annexation, Mountain’s Edge Annexation, East Prospect at Boxelder Creek Annexation, Majestic Place Annexation, and the Cache la Poudre River 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 petitions each year seeking exclusion for all properties annexed in the previous year that should be removed from the fire protection districts (Districts) 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 2016, the City annexed five areas within the territory of the Poudre Valley Fire Protection District, and one area within the Windsor-Severance 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 petitions on behalf of the City to exclude the annexed properties from the Districts, and 2. the City Manager to enter into agreements with the Districts for the continuation of fire protection services within the annexed properties. -1- RESOLUTION 2017-040 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING RESOLUTION 2017-010 AND AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE TERRITORIES OF THE POUDRE VALLEY FIRE PROTECTION DISTRICT AND THE WINDSOR-SEVERANCE FIRE PROTECTION DISTRICT WHEREAS, on February 7, 2017, City Council adopted Resolution 2017-010 authorizing the initiation of exclusion proceedings of annexed properties within the territory of the Poudre Valley Fire Protection District and authorizing an intergovernmental agreement with said district; and WHEREAS, it has come to City Council’s attention that one of the annexed properties affected by Resolution 2017-010, the Lodgepole Investments, LLC Annexation (the “Lodgepole Property”), is within the territory of the Windsor-Severance Fire Protection District; and WHEREAS, Resolution 2017-010 should be repealed and replaced with this Resolution 2017-040 to clarify that the Lodgepole Property is within the territory of the Windsor-Severance Fire Protection District; and WHEREAS, in 2016, the City annexed five properties (Maverik First Annexation, Mountain’s Edge Annexation, East Prospect at Boxelder Creek Annexation, Majestic Place Annexation and the Cache La Poudre River Annexation) within the territory of the Poudre Valley Fire Protection District (the “PVFPD Properties”) and one property within the territory of the Windsor-Severance Fire Protection District, the Lodgepole Property, (collectively the “Annexed Properties”); 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 Annexed Properties described on Exhibit “A”, attached hereto and incorporated herein by this reference, have paid ad valorem property taxes to the Poudre Valley Fire 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 -2- WHEREAS, the residents within the Annexed Properties described on Exhibit “B”, attached hereto and incorporated herein by this reference, have paid ad valorem property taxes to the Windsor-Severance Fire 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, to exclude the PVFPD Properties from the Poudre Valley Fire Protection District, and to exclude the Lodgepole Property from the Windsor-Severance Fire Protection District; and WHEREAS, the City Council wishes to properly exclude the Annexed Properties from the fire districts 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 City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Resolution 2017-010 is hereby repealed. Section 3. That the City Council hereby agrees that the PVFPD Properties should be excluded from the Poudre Valley Fire Protection District. Section 4. That the City Council hereby agrees that the Lodgepole Property should be excluded from the Windsor-Severance Fire Protection District. Section 5. 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 PVFPD Properties, the boundaries of which are described on Exhibit “A”. Section 6. That the City Council hereby authorizes the City Attorney to file a petition in the Weld County District Court pursuant to C.R.S. Section 32-1-502 for an order to exclude the Lodgepole Property, the boundary of which is described on Exhibit “B”. Section 7. That the City Council hereby agrees to provide fire protection service, through the Poudre Fire Authority, to the Annexed Properties. Section 8. That the City Council hereby finds that a plan for the disposition of assets of either the Poudre Valley Fire Protection District or the Windsor-Severance Fire Protection District is not necessary. -3- Section 9. That the City Manager is authorized to enter into an agreement with each District for the continuation of services for the Annexed Properties on terms and conditions consistent with this Resolution, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of May, A.D. 2017. ____________________________________ Mayor ATTEST: __________________________________ City Clerk EXHIBIT A EXHIBIT B