HomeMy WebLinkAbout2005-014-02/15/2005-AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS IN DISTRICT COURT REGARDING THE EXCLUSION OF PRE RESOLUTION 2005-014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE INITIATION OF
EXCLUSION PROCEEDINGS IN DISTRICT COURT
REGARDING THE EXCLUSION OF
PREVIOUSLY ANNEXED PROPERTIES WITHIN THE TERRITORY
OF THE POUDRE VALLEY FIRE PROTECTION DISTRICT
WHEREAS,the City has previously annexed numerous properties within the territory of the
Poudre Valley Fire Protection District; and
WHEREAS,CRS Section 32-1-502 requires an order of exclusion from the district court to
remove or exclude annexed properties from special district territories; and
WHEREAS, under the provisions of C.R.S. Section 32-1-502(2)(a), any order excluding
property from the boundaries of a special district must require 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,for many years,annexed properties have been excluded by the Larimer County
Assessor from the Poudre Valley Fire Protection District without a court order contrary to state
statute; and
WHEREAS,from the date of such annexations,the City has provided municipal services to
said properties, including police and fire services; and
WHEREAS,the residents within the properties described on Exhibit"A"attached hereto and
incorporated herein by this reference (the "Previously Annexed Properties") have historically paid
ad valorem property taxes to the Poudre Valley Fire Protection District for fire protection services
prior to annexation and, subsequent to annexation, have instead been paying ad valorem property
taxes to the City of Fort Collins 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 continue to provide fire protection services to the Previously Annexed Properties and
to all properties that are annexed to the City in the future, and to exclude all such properties from the
Poudre Valley Fire Protection District upon annexation; and
WHEREAS,the City Council wishes to properly exclude the Previously Annexed Properties
from the Fire 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 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 Council hereby agrees that the Previously Annexed Properties should
be retroactively excluded from the Poudre Valley Fire Protection District.
Section 2. That the Council hereby authorizes the City Attorney to file a petition in the
Latimer County District Court pursuant to CRS Section 32-1-502 for an order to exclude the
Previously Annexed Properties, the boundaries of which are shown on Exhibit "A".
Section 3. That the Council hereby agrees to continue to provide fire protection service,
through the Poudre Fire Authority, to the Previously Annexed Properties.
Section 4. That the 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 and continues to
serve both the Poudre Valley Fire Protection District and the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
15th day of February, A.D. 2005.
Mayor
ATTEST:
City Clerk
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