HomeMy WebLinkAbout2013-051-06/04/2013-AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE TERRITORY OF TH RESOLUTION 2013-051
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 2012, the City annexed eight 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 propertytaxes
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 agrees that the Annexed Properties should be
excluded from the District.
Section 2. That the City Council hereby authorizes the City Attorney to file a petition
in the Larimer County District Court pursuant to CRS Section 32-1-502 for an order to exclude the
Annexed Properties the boundaries of which are described on Exhibit "A".
Section 3. That the City Council hereby agrees to provide fire protection service, through
the Poudre Fire Authority, to the Annexed Properties.
Section 4. 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 5. 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
Manger may, in consultation with the City Attorney, deem necessary to protect the interests of the
City.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this
4th day of June A.D. 2013.
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EXHIBIT "A" - page 1 of 10
FORNEY ANNEXATION
A parcel of land located in the Northwest Quarter of Section 10, Township 7
North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of
Colorado, and being more particularly described as follows :
Commencing at the Center Quarter Corner of Section 10 and assuming the South
line of the Northwest Quarter of Section 10 to bear North 89' 1444" West, with all
other bearings herein relative thereto ;
Thence North 89° 14'44" West, 1108 . 58 feet to the POINT OF BEGINNING;
thence, North 89° 14'44 " West, 216 .43 feet; thence, North 00°38'55 " East,
435 . 71 feet; thence, North 89° 14'49 " West, 330 . 72 feet; thence, North 00°42'46 "
East, 656 . 12 feet; thence, South 89°24'33 " East, 1320 . 17 feet; thence, South
00°23 '46 " West, 377 . 97 feet; thence, North 89° 14'44 " West, 285 . 00 feet; thence,
South 00°23 '46 " West, 472 . 81 feet; thence, North 87° 54'20 " West, 249 .40 feet;
thence, South 07° 37' 19 " East, 72 .44 feet; thence, North 89 ° 14'44 " West, 86 . 39
feet; thence, North 00°23 '46" East, 21 . 00 feet; thence, North 89° 14'44" West,
83 . 00 feet; thence, South 00°23 '46 " West, 50 . 00 feet; thence, North 89° 14'37 "
West, 85 . 00 feet; thence, South 00°23 '46 " West, 150 . 00 feet to the POINT OF
BEGINNING.
Said parcel of land contains 22 . 820 acres, more or less .
EXHIBIT "A" - page 2 of 10
KECHTER ANNEXATION NO . 1
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8 ,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P .M. ; COUNTY
OF LARIMER, STATE OF COLORADO ; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 ,
AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 5 TO BEAR S89029 ' 46"W, SAID LINE BEING
MONUMENTED ON ITS EAST END BY A 3 - 1 /4" ALUMINUM CAP
STAMPED LS 33642, AND ON ITS WEST END BY A 2- 1 /2 " ALUMINUM
CAP STAMPED LS 17497, 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 THE NORTHWEST QUARTER OF
SAID SECTION 8 , S0004313611W5 A DISTANCE OF 30 .01 FEET ;
THENCE N79057'37 "W, A DISTANCE OF 163 . 95 FEET ;
THENCE N75035 '33 "E, A DISTANCE OF 166 .47 FEET TO A POINT ON THE
EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 ;
THENCE ALONG SAID EAST LINE S00049'59"E, A DISTANCE OF 40 . 00
FEET TO THE POINT OF BEGINNING,
CONTAINING 5 ,664 SQUARE FEET (0 . 130 ACRES) , MORE OR LESS
EXHIBIT "A" - page 3 of 10
KECHTER ANNEXATION NO , 2
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8 ,
TOWNSHIP 6 NORTH, RANGE 68 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
59 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 5 TO BEAR S89029946"W, SAID LINE BEING
MONUMENTED ON ITS EAST END BY A 3 - 1 /4" ALUMINUM CAP
STAMPED LS 33642, AND ON ITS WEST END BY A 2- 1 /2 " ALUMINUM
CAP STAMPED LS 17497, 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 THE NORTHWEST QUARTER OF
SAID SECTION 8 , S0004313611W5 A DISTANCE OF 30 .01 FEET TO THE
POINT OF BEGINNING;
THENCE N88019'42 "W, A DISTANCE OF 790 .26 FEET ;
THENCE N86035 '52 "E, A DISTANCE OF 791 . 12 FEET TO A POINT ON THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 ;
THENCE S75035 '33 "W, A DISTANCE OF 166 .47 FEET ;
THENCE S79057'37 "E, A DISTANCE OF 163 . 95 FEET TO THE POINT OF
BEGINNING.
CONTAINING 21 ,999 SQUARE FEET (0 . 505 ACRES) , MORE OR LESS .
EXHIBIT "A" - page 4 of 10
KECHTER ANNEXATION NO . 3
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8 ,
TOWNSHIP 6 NORTH, RANGE 68 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
59 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 5 TO BEAR S89029946"W, SAID LINE BEING
MONUMENTED ON ITS EAST END BY A 3 - 1 /4" ALUMINUM CAP
STAMPED LS 33642, AND ON ITS WEST END BY A 2- 1 /2 " ALUMINUM
CAP STAMPED LS 17497, 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 THE NORTHWEST QUARTER OF
SAID SECTION 8 , S0004313611W5 A DISTANCE OF 30 .01 FEET TO THE
POINT OF BEGINNING;
THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF KECHTER
ROAD, S8902914611W, A DISTANCE OF 299 . 94 FEET TO THE NORTHEAST
CORNER OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY
DEED RECORDED JANUARY 24, 2006 AT RECEPTION NO , 20060005697
IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER;
THENCE ALONG THE EASTERLY, SOUTHERLY, AND WESTERLY
BOUNDARIES OF SAID TRACT THE FOLLOWING FIVE (5) COURSES :
I . S00044136 "W, A DISTANCE OF 725 . 89 FEET;
2 , N89031 '04 "E9 A DISTANCE OF 300 . 15 FEET TO A POINT ON THE
EAST LINE OF THE NORTHWEST QUARTER OF SECTION 8 ;
3 , ALONG SAID EAST LINE, S00043 '36 "W, A DISTANCE OF 559 . 09
FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 8 ;
4, ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 8 , S89038155 "W, A DISTANCE
OF 709 . 81 FEET;
5 , N00038' 19 "E9 A DISTANCE OF 1 ,263 . 15 FEET TO A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF KECHTER ROAD ;
THENCE ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE, THE
FOLLOWING THREE (3) COURSES :
EXHIBIT "A" - page 5 of 10
KECHTER ANNEXATION 3 - continued
I . S89029146 "W, A DISTANCE OF 1 ,004 .03 FEET ;
2 , N00002114 "W, A DISTANCE OF 20. 00 FEET;
3 , S89029146 "W, A DISTANCE OF 67 . 30 FEET TO THE SOUTHEAST
CORNER OF THE THORLAND ANNEXATION NO , 2 TO THE CITY OF
FORT COLLINS ;
THENCE ALONG THE EAST LINE OF SAID THORLAND ANNEXATION
NO , 29 N0001828 "W, A DISTANCE OF 70 . 00 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF KECHTER ROAD ;
THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, N89029146"E,
A DISTANCE OF 1 ,783 . 56 FEET TO A POINT ON THE EAST LINE OF THE
SOUTHWEST QUARTER OF SECTION 5 ;
THENCE S86035 '52 "W, A DISTANCE OF 791 . 12 FEET ;
THENCE S88019'42 "E, A DISTANCE OF 790 .26 FEET TO THE POINT OF
BEGINNING.
CONTAINING 8125118 SQUARE FEET ( 18 . 644 ACRES) , MORE OR LESS
EXHIBIT "A" - page 6 of 10
KECHTER CROSSING ANNEXATION
Lots I through 11 , inclusive, Block 1 ,
Lots I through 11 , inclusive, Block 2,
Lots I through 9, inclusive, Block 3 ,
Lots I through 5 , inclusive, Block 4,
Lots I through 3 , inclusive, Block 5 ,
Lots I through 4, inclusive, Block 6,
Lots I through 2 , inclusive, Block 7,
Lots I through 6, inclusive, Block 8 ,
Lots 1 through 5 , inclusive, Block 9,
Lots I through 3 , inclusive, Block 10,
Lots I through 8 , inclusive, Block 11 ,
Lots I through 8 , inclusive, Block 12,
Common Area A, Common Area B, Common Area C, Common Area D , Outlot
A, and Outlot B , inclusive,
Kechter Crossing PLD, Being a Replat of Lots I and 2 , Feldman M.R.D . #97-
EX 1094, County of Larimer, State of Colorado
EXHIBIT "A" - page 7 of 10
WILD PLUM FARM ANNEXATION NO , 1
A tract of land being a portion of the tract of land described in the Warranty Deed
recorded November 27 , 1996 at Reception No . 96085333 ; being located in the S
1 /29 N 1 /25 S 1 /29 NW 1 /4, SW 1 /4 of Section 3 , Township 7 North, Range 69
West of the 6th P.M. , which considering the West line of the SW 1 /4 of said
Section 3 as bearing due North with all bearings herein relative thereto is
described as follows :
Commencing at the Northwest corner of said S 1 /2 , N 1 /29 S 1 /29 NW 1 /4, SW
1 /4 ; thence along the West line of said SW 1 /4 South, 90 . 60 feet; thence East,
146 . 75 feet; thence North 44 degrees 01 minutes East, 15 . 65 feet; thence East,
58 . 00 feet; thence North, 81 . 19 feet more or less to the North line of said S 1 /25 N
1 /29 S 1 /2 , NW 1 /4, SW 1 /4 ; thence North 89 degrees 30 minutes 32 seconds East,
768 . 80 feet to the Point of Beginning; thence North 89 degrees 30 minutes 32
seconds East, 329 . 00 feet to the NE corner of said S 1 /29 N 1 /29 S 1 /29 NW 1 /49
SW 1 /4; thence South 00 degrees 00 minutes 39 seconds West, 164 . 70 feet to the
Southeast corner of said S 1 /2 , N 1 /2, S 1 /25 NW 1 /4, SW 1 /4 ; thence South 89
degrees 30 minutes 12 seconds West, 10 . 00 feet; thence North 00 degrees 00
minutes 39 seconds East, 82 . 35 feet; thence South 89 degrees 30 minutes 32
seconds West, 319 . 00 feet; thence North 00 degrees 00 minutes 39 seconds East,
82 . 35 feet to the Point of Beginning.
This annexation contains 0 . 641 acres .
EXHIBIT "A" - page 8 of 10
WILD PLUM FARM ANNEXATION NO , 2
A tract of land being a portion of the tract of land described in the Warranty Deed
recorded November 27 , 1996 at Reception No . 96085333 ; being located in the S
1 /29 N 1 /25 S 1 /29 NW 1 /4, SW 1 /4 of Section 3 , Township 7 North, Range 69
West of the 6th P.M. , which considering the West line of the SW 1 /4 of said
Section 3 as bearing due North with all bearings herein relative thereto is
described as follows :
Commencing at the Northwest corner of said S 1 /2 , N 1 /29 S 1 /29 NW 1 /4, SW
1 /4 ; thence along the West line of said SW 1 /4 South, 90 . 60 feet; thence East,
40 . 00 feet to the East Right-of-Way line of North Taft Hill Road and the Point of
Beginning; thence East, 106 . 75 feet; thence North 44 degrees 01 minutes East,
15 . 65 feet; thence East, 58 . 00 feet; thence North 81 . 19 feet more or less to the
North line of said S 1 /29 N 1 /29 S 1 /29 NW 1 /4, SW 1 /4 ; thence North 89 degrees
30 minutes 32 seconds East, 768 . 80 feet; thence South 00 degrees 00 minutes 39
seconds West, 82 . 35 feet; thence North 89 degrees 30 minutes 32 seconds East,
319 . 00 feet; thence South 00 degrees 00 minutes 39 seconds West, 82 . 35 feet;
thence South 89 degrees 30 minutes 12 seconds West, 1263 .40 feet to the East
Right-of-Way line of North Taft Hill Road; thence North, 73 . 88 feet to the Point
of Beginning.
This annexation contains 3 . 822 acres .
EXHIBIT "A" - page 9 of 10
WOOD STREET ANNEXATION
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS : BEARINGS ARE BASED ON THE WEST LINE OF SAID
SOUTHWEST QUARTER, WHICH IS ASSUMED BEAR S 00004930" E. SAID WEST LINE IS
MONUMENTED ON THE NORTH END BY A 2. 5" ILLEGIBLE ALUMINUM CAP IN A
RANGE BOX AND ON THE SOUTH END BY A 3 . 5" BRASS CAP MARKED `BRADFORD"
IN A RANGE BOX.
BEGINNING AT THE SOUTHWEST ONE-SIXTEENTH CORNER OF SAID SECTION 2,
FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION TWO BEARS S
89058 '24" WEST, A DISTANCE OF 1323 .93 FEET AND AGAIN N 00°04 '30" W, A
DISTANCE OF 1326.78 FEET;
THENCE N 00004'07" W, ON THE WEST LINE OF THE EAST HALF OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 291 .09 FEET, TO THE SOUTHERLY LINE OF
THE MCMURRY NATURAL AREA ANNEXATION TO THE CITY OF FORT COLLINS ;
THENCE ON SAID SOUTHERLY LINE THE FOLLOWING THIRTEEN ( 13) COURSES :
1 ) THENCE N 88003'51 " E, A DISTANCE OF 170.61 FEET;
2) THENCE S 84028'21 " E, A DISTANCE OF 208 .68 FEET;
3) THENCE S 67034'38" E, A DISTANCE OF 201 . 58 FEET;
4) THENCE S 77039'28" E, A DISTANCE OF 43 . 58 FEET;
5) THENCE S 65058'00" E, A DISTANCE OF 79.32 FEET;
6) THENCE N 65035'00" E, A DISTANCE OF 26. 86 FEET;
7) THENCE S 77039'28" E, A DISTANCE OF 30.31 FEET;
8) THENCE N 68032'47" E, A DISTANCE OF 192.35 FEET;
9) THENCE N 84006'06" E, A DISTANCE OF 164.90 FEET;
10) THENCE S 69042'00" E, A DISTANCE OF 35 . 87 FEET;
11 ) THENCE S 63052'00" E, A DISTANCE OF 165 .62 FEET;
12) THENCE S 53038' 18" E, A DISTANCE OF 13 .97 FEET;
13) THENCE S 23054'48" E, A DISTANCE OF 133 . 15 FEET, TO THE EAST LINE OF
THE EAST HALF OF SAID SOUTHWEST QUARTER, AND THE WEST LINE OF
THE ORIGINAL TOWN OF FORT COLLINS PLAT;
THENCE S 00003'45 " E, ON SAID WEST LINE, A DISTANCE OF 375 . 10 FEET, TO A POINT
ON THE NORTH LINE OF THE SOUTH 30 ACRES OF THE EAST HALF OF SAID
SOUTHWEST QUARTER;
THENCE S 89058'24" W, ON SAID NORTH LINE, A DISTANCE OF 1276. 16 FEET, TO THE
EASTERLY LINE OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE ON SAID EASTERLY LINE THE FOLLOWING THREE (3 ) COURSES :
1 ) THENCE N 00001 '08" E, A DISTANCE OF 3 .20 FEET;
EXHIBIT "A" - page 10 of 10
WOOD STREET ANNEXATION - continued
2) THENCE N 89058'52" W, A DISTANCE OF 50.00 FEET;
3) THENCE N 00001 '08" E, A DISTANCE OF 276.00 FEET, TO THE NORTHEAST
CORNER OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT
COLLINS ;
THENCE S 89058'52" E, ON THE EASTERLY EXTENSION OF THE NORTH LINE OF THE
SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT COLLINS, A DISTANCE
OF 1 . 84 FEET, TO A POINT ON THE WEST LINE OF THE EAST HALF OF SAID
SOUTHWEST QUARTER;
THENCE N 00004'07" W, ON SAID WEST LINE, A DISTANCE OF 61 .71 FEET TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 17.3443 ACRES OR 7559516 SQUARE FEET .
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 , 2013 , 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(l )(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 :
I . 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 , 2014, 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
Page I of 3
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
Page 2 of 3
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
Page 3 of 3