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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/04/2020 - RESOLUTION 2020-018 AUTHORIZING THE INITIATION OFAgenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Darin Atteberry, City Manager Bronwyn Scurlock, Legal SUBJECT Resolution 2020-018 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. 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 2019 from the Poudre Valley Fire Protection District (the District) in accordance with state law. The properties affected by this Resolution are the Kechter Enclave Annexation, Trilby Substation Enclave Annexation, Friendly Fire Enclave Annexation and Strauss Cabin Enclave 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 2019, the City annexed four areas within the territory of the 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. -1- RESOLUTION 2020-018 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 AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH SAID DISTRICT WHEREAS, in 2019, the City annexed four properties within the territory of the Poudre Valley Fire Protection District (the “District”); and WHEREAS, Colorado Revised Statutes (“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. -2- 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 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 4th day of February, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A EXHIBIT B