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HomeMy WebLinkAboutResolution-1982-0821 RESOLUTION NO. 821 Series of 1982 TITLE: A RESOLUTION AUTHORIZING THE ~ffiYOR TO EXECUTE A SERVICE CONTRACT WITH THE WHEAT RIDGE FIRE PROTECTION DISTRICT. WHEREAS, the City Council of the City of Wheat Ridge has deter- mined that it is in the best interest of the residents of the City and of the Wheat Ridge Fire Protection District that an agreement be entered for the purpose of assuring receipt by the Fire District of funds sufficient to provide full and adequate fire protection to all residents of, and properties within, both the District and the City; and WHEREAS, the District and the City, and through their authorized representatives, have corne to agreement as to the means of assuring such funding to the District not inconsistent with the lawful issuance of tax increment bonds by the Wheat Ridge Urban Renewal Authority, and involving the Wadsworth Town Center, and so as not to impose a burden upon non-residents of the Fire District; and WHEREAS, the Wheat Ridge Urban Renewal Authority, upon con- sideration, has endorsed and ratified the attached Intergovernmental Agreement, and has recommended approval of same to the City Council; and WHEREAS, the City Council of the City of Wheat Ridge wishes to enter into an Intergovernmental Agreement with the Wheat Ridge Fire Protection District to accomplish the ends set forth herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that the Service Contract attached hereto be approved as an Intergovernmental Agreement between the City of Wheat Ridge and the Wheat Ridge Fire Protection District, and BE IT FURTHER RESOLVED that the Mayor be authorized to execute said Service Contract; especially provided, however, that it is the official policy of the City of Wheat Ridge that, to the extent possible without jeopardizing the repayment of any tax increment bonds issued by the Wheat Ridge Urban Renewal Authority, any pay- ments authorized or required hereunder from the City to the Fire District be made from sales tax increment funds derived from the businesses within 'the designated Wadsworth Town Center. DONE AND RESOLVED this 13th day of December , 1982 .'~~'t:J ~ /.",-~:.c3' Frank Stltes, Mayor ATTEST: I " ,/ r - ? ~(;, ~ '-- ):~j/.~ ) '--- . ~,// "-..:-~ //' Carol F. Hampf, C~ Clerk / SERVICE CONTRACT 'I'his contract 1S madu this 13th day of December 1982, by anu between the City of Wheat Ridge, Colorado, a home- rule city, hereafter referred to ~s "City," and the Wheat Ridge Pire Protection District, a quasi-municipal corporation, here- after referred to as "District." RECITALS A. District is a fire protection district organized pursuant to Colorado statutes, which provides fir; protection for various arcas within the City, and City provides municipal services. B. An area within both City and District, commonly referred to as the Wadsworth Town Center, has been designated for an urban renewal project. This project is to be financed by tax increment financing, which means that the present tax base or valuation will be frozen as of the date of approval by City. It is contemplated that tax increment bonds will be issued by the Wheat RiJgc Urban Renewal Authority, hereafter referred to as "Author i ty," for tllu purpose of financing new construction and improvement in the designated urban renewal area. The sums derived from ad valorem taxes on assessed valuation over and above the frozen base will be used for payment of the principal and interest of such bonds. .C. District obtains almost one hundred percent of its revenue from ad valorem taxes and District cannot adequately survc the contemplated urb~n renewal area without the tax revenue dur ivud from ..d 1 taxable property, including the taxes which 0' ,~ micjht be used for repayment of the bonds. D. This dependencc of District upon ad valorem taxes for provision of fire prevention, inspections, fire extinguishing, ambulance and other services which District is authorized by law to provide, i~ unique to District. Other 19~~1~~8j!1~?'H~Lt~ WHEAT RIDGE, CO 80033 manner. ' THIS IS A TRUE AND CORRECT COpy (EXACT) OF THE ORIGINAL DOCUMENT I MY CUSTODY DA not supported and operated in this ,.. E. Colorado law provides that the board of directors of the District has the power, "Tp levy and collect ad valorem taxes on and against all taxable property within" the District, "which shall not be limited" except by the statute restricting annual budget increases. C.R.S. 1973, ~32-l-1101 as amended in 1981 Session Laws, p. 1602. F. colorado law provides that an urban renewal authority approved by the local governing body may "notwithstanding any law to the contrary" divide taxes so that any public body within the # urban renewal area receives only the taxes produced by the levy upon the valuation for assessment of taxable property in the t urban renewal area last certified prior to the effective date of approval of the urban renewal plan. All other taxes are to be paid into a special fund of the Authority to pay principal, inter- est and premiums due upon bonds and other indebtedness. C.R.S. 1973 831-25-107(9) as amended in 1981 Session Laws, p. 1516-17. G. There is a conflict between the above-cited Colorado statutes. Time-consuming, expensive litigation through the Colorado appellate courts would be required to determine whether or not Authority or District would receive the tax revenues on the assessed valuation over and above the assessment existing at time of approval of the Authority by City. H. In order to avoid such litigation, and to provide and assure good and sufficient fire protection for the urban renewal area as it presently exists and as it will be developed in the future, it is agreed that District shall continue to re- ceive the revenue which is provided for in C.R.S. 1973, 632-1-1101 as presently amended and as it or any future statute dealing with substantially the ~ame 5ubject matter may be amended in the future. City guarantees to District that such revenue will be received by District. IT IS THEREFORE AGREED: 1. The City hereby agrees with regard to the Urban Renewal Project ~pproved by the city council of the City of Wheat Ridge on December 14, 1981, commonly known as the Wadsworth Town -2- ~ - , .. .1 Center Project, that th~ District shall continue to receive an amount equal to all taxes produc~d by the levies made by District at the rate fixed each year upon all of the valuation for assetiS- ment of taxable property in the Urban Renewal Area in the same amount, and at approximately the same time as District receives taxes on other properties within those boundaries. To determine the amount due the District in anyone year, the City and the District shall jointly agree as to the assessed valuation as determined by the Jefferson County Assessor of any properties ~ developed within the Urban Renewal Area as deter~ined by the City Council, deduct therefrom the assessed valuation existing prior to the creation of the tax increment financing arrangement, and multiply the resulting figure by the appropriate Mill levy. The result shall equal the amount due from the City to the District. This determination shall be made on or before Septem- ber 20 of each year this contract is in existence. The valuation used shall be for the current year. It is usually received by the District in August or September. The mill levy used shall be the levy by District for the next following calendar year. Payment from City to District shall be made on or before April 1 of the year following determination of the amount due. Notwithstanding any other provisions of this agreement, the District agrees that any requirements of any tax incre~ent bonds shall be fulfilled, and that the amount agreed to be paid by the City hereunder, which represents funds which would Qthert.ise be withheld from the D1s- trict pursuant to tax increment bonds, may come from any financial source of the City. ~ 2. If at any time tax revenues for any year shall be payable to District which duplicates funds which have previously been paid to District by City on account of this agreement, District will relinquish or pay such funds to City. City shall not, in any event, be required to make payments to District which enable District to receive more money than it would have received from the total assessed valuation in the urban renewal area if this agreement did not exist. In no event shall District receive ~ - 3 - '.. ~. ,1 " more tax revenue than it would have received upon new construc- tio~ and all other property in the District if the tax increment financing arrangement had not been made. 3. City and District will cooperate fully, in all manner provided by Colorado law for intergovernmental cooperation, in accomplishing this protection of revenue to District. District will cooperate with city and Authority in allowing and assisting Authority to accomplish the developments and improvements desig- nated and determined by Authority and approved by City. District will provide good and adequate fire protection. 4. Although it is recognized that the development presently contemplated or which may be accomplished in the future within the urban renewal district, may be different or unique to developments, buildings and other areas requiring fire protection presently existing within the District, nothing in this agreement shall be construed to require that District provide any greater or less amount of fire protection and other service within the urban renewal area than District shall provide within the balance of the area within District. S. This agreement is made only because of the existence of tax increment financing. None of the constitutional, statutory or other powers of either of the parties in the future shall be affected in any way by this agreement. It shall in no way be construed as a relinquishment, waiver, estoppel or any other conduct affecting future relations between the parties. 6. This agreement shall continue in full force and effect from year to year for so long as any tax increment'bonds issueu by the City of Wheat Ridge or the Wheat Ridge Urban " ,; Renewal ~"thority remain outstanding. CITY OF WHEAT RIDGE, COLORADO, a home-rule city \ ~ -t. By ~ y~~ ~~:..J;' Frank S ~tes, Mayor . \ \ ATTEST: " WHEAT RIDGE FIRE PROTECTION DISTRICT, a quasi-municipal corporation, I,' , ,. /1//l/lMfJ /~~. "oIr " By au Lt~/ l/ ~ a~? _ __~__.L.