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File #: 23-598    Version: 1 Name:
Type: Resolution Status: Mayor's Office
File created: 11/1/2023 In control: City Council
On agenda: 11/28/2023 Final action: 11/28/2023
Title: A resolution adopting final form of the Agreement and Joint Plan for the Exclusion of Certain Property from the Black Forest Fire Rescue Protection District Presenter: Frederick Stein, Public Safety Attorney
Attachments: 1. City_Resolution-FINAL, 2. CouncilPresentation-Exhibit-PropertyMap, 3. Property_Exclusion_List_2023, 4. AgreementJoint Plan for Exclusion-BlackForest-Eff2024-FINAL1.pdf, 5. Signed Resolution No. 200-23.pdf

Title
A resolution adopting final form of the Agreement and Joint Plan for the Exclusion of Certain Property from the Black Forest Fire Rescue Protection District

Presenter:
Frederick Stein, Public Safety Attorney

Body
Summary:
The resolution authorizes the Mayor to execute the Agreement and Joint Plan between the City and the Black Forest Fire Rescue Protection District (District) to implement a planned court Petition by the City for exclusion of District property ("property") which has been annexed into the City. The exclusion of the property will be effective on January 1, 2024.

Background:
The City authorized the annexation of property from within the boundaries of the portions of the District. The owners of the property are subject to annexation agreements that contain provisions related to fire protection, which state:

The Owners acknowledge that the Property is located within the boundaries of the Black Forest Fire Rescue Protection District (the "Fire District") and is subject to the property taxes payable to the Fire District for its services. The Owners further acknowledge that, after annexation of the Property to the City, the Property will continue to remain within the boundaries of the Fire District until such time as the Property is excluded from the boundaries of the Fire District. After annexation of the Property to the City, fire protection services will be provided by the City through its Fire Department and by the Fire District unless and until the Property is excluded from the Fire District. After annexation, the Property will be assessed property taxes payable to both the City and the Fire District until such time as the Property is excluded from the boundaries of the Fire District.

The Owners understand and acknowledge that the Property may be excluded from the boundaries of the Fire District under the provisions applicable to special districts, Article 1 of Title 32 C.R.S., and as otherwise provided by law. Upon reques...

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