HomeMy WebLinkAbout2025-003-01/07/2025-AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE TERRITORY OF THRESOLUTION 2025-003
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
A.In 2024,the City annexed one property within the territory of the Poudre
Valley Fire Protection District (the “District”).
B.Colorado Revised Statutes (“C.R.S.”)Section 32-1 -502 requires an order of
exclusion from the district court to remove the annexed property from special district
territories.
C.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.
D From the date of such annexations,the City has provided municipal
services to said property,including fire services.
E.The residents within the property described on Exhibit “A”attached hereto
and incorporated herein by this reference (the “Annexed Property”)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.
F.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 Property and to exclude the
Annexed Property from the District.
G.The City Council wishes to properly exclude the Annexed Property from the
District in accordance with law and to allow for the provision of fire protection services to
such property 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.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.The City Council hereby agrees that the Annexed Property should
be excluded from the District.
Section 2.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 Property,the boundaries of which are described on Exhibit “A”.
Section 3.The City Council hereby agrees to provide fire protection service,
through the Poudre Fire Authority,to the Annexed Property.
Section 4.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.The City Manager is authorized to enter into an agreement with the
District for the continuation of services for the Annexed Property,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 on January 7,2025.
ATTEST:
ityC k
—
Effective Date:January 7,2025
Approving Attorney:Dawn Downs
is
EXHIBITATO RESOLUTION 2025-003
LEGAL DESCRIPTION OF 1-25 &MULBERRY ANNEXATION AREA:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 7 NORTH,RANGE
68 WEST OF THE 6TH PRINCIPAL MERIDIAN;COUNTY OF LARIMER,STATE OF COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS:THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 7
NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST
CORNER BY A 3”BRASS CAP STAMPED”L523503 2007”IN A RANGE BOX,AND AT THE WEST QUARTER
CORNER BY A 2”ALUMINUM CAP STAMPED”LS 5028 1998”ASSUMED TO BEAR N00°09’34”W.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10,THENCE N70°26’24”E A DISTANCE OF
648.39 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25,AND THE POINT OF
BEGINNING;
THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE,THE FOLLOWING SIX (6)COURSES:
1.N58°42’20”W A DISTANCE OF 212.59 FEET;
2.N38°22’59”W A DISTANCE OF 442.05 FEET;
3.N14°16’20”W A DISTANCE OF 206.20 FEET;
4.N00°13’50”W A DISTANCE OF 37.90 FEET;
5.N00°31’20”W A DISTANCE OF 940.70 FEET;
6.N03°19’40”E A DISTANCE OF 245.20 FEET,TO THE SOUTHWESTERLY CORNER OF THAT
PROPERTY RECORDED UNDER RECEPTION NO.20050043464;
THENCE ON THE SOUTHERLY LINE OF SAID PROPERTY,S89°19’40”E A DISTANCE OF 1241.28 FEET,TO A
POINT ON THE WESTERLY LINE OF THAT PROPERTY RECORDED UNDER RECEPTION NO.2002051529;
THENCE ON SAID WESTERLY LINE,S00°20’18”W A DISTANCE OF 1727.08 FEET,TO THE NORTHEASTERLY
CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO.20120069518;
THENCE ON THE NORTHERLY AND WESTERLY LINES OF SAID PROPERTY,THE FOLLOWING FOUR (4)
COURSES:
1.N69°41’20”W A DISTANCE OF 224.55 FEET;
2.N81°42’20”W A DISTANCE OF 504.90 FEET;
3.N58°42’20”W A DISTANCE OF 20.61 FEET;
4.S00°19’40”W A DISTANCE OF 300.00 FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2,043,904 SQUARE FEET OR 46.9216 ACRES.
EXHIBIT B TO RESOLUTION 2025 003
MEMORANDUM OF AGREEMENT FOR
CONTINUATION OF SERVICE
(POUDRE VALLEY FIRE PROTECTION DISTRICT/CITY OF FORT COLLINS)
THIS AGREEMENT,is made and entered into on ,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 a
certain property from the territory of the District,which property is shown on Exhibit “A”(the
“Property”)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
Property 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
Property,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-l-502(1)(a),which effective
date is anticipated to be January 1,2026,the City will continue to assume full and complete
responsibility for fire protection services to the Property.Such fire protection services shall be
provided by Poudre Fire Authority (“PFA”)pursuant to that certain Second Amended and Restated
Intergovernmental Agreement effective January 1,2025,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 Property 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 Property 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 Property from the District and entry of an
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EXHIBIT B TO RESOLUTION 2025-003
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 Property,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 Property,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 Kelly DiMartino,City Manager
Approved as to form:
Dawn Downs,Deputy City Attorney
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EXHIBIT B TO RESOLUTION 2025-003
POUDRE VALLEY FIRE PROTECTION
DISTRICT,
a special statutory district within the State of
Colorado
By:
Chairman,Board of Directors
Approved as to form:
By:Allison C.Ulmer
Attorney for Poudre Valley Fire Protection
District
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