The FoxRidge General Improvement District (FGID) was formed by the Arapahoe County Board of County Commissioners in 1990 to maintain certain public improvements within specific boundaries of the FoxRidge neighborhood.
Pursuant to Arapahoe County Resolution No. 1576-90(PDF, 490KB), the FGID is “authorized to construct, install, acquire, repair, replace and maintain fencing, sprinkler systems, trees, shrubs, sidewalks, grass, decorative stones, entrance markers, benches, lighting systems and general landscaping items…”
The FGID is a separate entity from the FoxRidge Improvement Association. Since its formation, the FGID has primarily maintained certain landscaping, monument signs and fencing within its boundaries. Most of the fence maintained by the FGID was installed by the developer(s) after the initial housing was constructed with no specific plan for maintenance or replacement.
Foxridge GID Posing Ballot Question This November
In November, residents of the Foxridge neighborhood will be voting whether to increase the mill levy for the Foxridge General Improvement District (GID) for the replacement of a fence. Prior to ballots being distributed, registered voters residing or owning property within the Foxridge GID had an opportunity to submit pro and con statements about the ballot question. These pro and con statements will be included in the Arapahoe County Ballot Issue Notice (Ballot Notice). The Ballot Notice will be mailed to every registered voter household by the Arapahoe County Clerk and Recorder's Office.
The question is on the ballot due to the Taxpayers Bill of Rights (TABOR), a 1992 amendment to the Colorado Constitution. TABOR requires voter approval for a government to: (1) impose new taxes; (2) increase a tax rate; (3) incur multi-year debt; and (4) retain revenues. TABOR specifies the language that must be included in ballot questions. TABOR questions generally appear on the ballot during November coordinated elections.
The Foxridge GID seeks to replace the aging fence in the community. The Board of Directors referred the TABOR question to voters for the November 5, 2019, election to obtain financing for a fence replacement project. The question asks for voter approval for the District to incur debt up to $1,955,000 for new fencing and impose up to $160,000 in taxes per year to repay the debt. The question also authorizes the District to retain the revenues from the debt, taxes and interest earned on those amounts as a revenue change so that the District's existing budget for operations and maintenance is unaffected by the fence project. The full TABOR question is below.
SHALL FOXRIDGE GENERAL IMPROVEMENT DISTRICT DEBT BE INCREASED $1,955,000.00, WITH A MAXIMUM REPAYMENT COST NOT TO EXCEED $3,200,000.00; AND SHALL DISTRICT TAXES BE INCREASED $160,000.00 ANNUALLY, FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING, INSTALLING AND OTHERWISE PROVIDING NEW FENCING AND RELATED IMPROVEMENTS, TOGETHER WITH INCIDENTAL COSTS RELATING TO SUCH PURPOSE, BY THE ISSUANCE OF GENERAL OBLIGATION BONDS, NOTES, LEASES, CONTRACTS, OR OTHER MULTIPLE FISCAL YEAR FINANCIAL OBLIGATIONS WHICH SHALL BEAR INTEREST AT A NET EFFECTIVE INTEREST RATE NOT IN EXCESS OF 5.00% PER ANNUM, MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PAYMENT OF PREMIUM OF NOT TO EXCEED 3%, AND BE ISSUED AT SUCH TIME, IN ONE SERIES OR MORE, AT SUCH PRICE (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS AND CONDITIONS, NOT INCONSISTENT WITH THIS BALLOT ISSUE, AS THE BOARD OF DIRECTORS MAY DETERMINE; AND SHALL AD VALOREM PROPERTY TAXES BE LEVIED ON ALL TAXABLE PROPERTY IN THE DISTRICT, WITHOUT LIMITATION OF MILL RATE, AND IN AMOUNTS SUFFICIENT TO PRODUCE THE ANNUAL INCREASE SET FORTH ABOVE OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, TO BE USED SOLELY FOR THE PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE DISTRICT’S DEBT OR ANY REFUNDING DEBT AND TO FUND ANY RESERVES FOR THE PAYMENT THEREOF; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE PROCEEDS OF SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED AND SPENT BY THE DISTRICT?
Specific questions regarding the Foxridge General Improvement District should be sent to the City Clerk at email@example.com.
The FGID fence, which generally runs along the arterial and collector roadways in and along the FGID boundaries, has been maintained by the FGID since its formation. Despite being formed for fence maintenance purposes, the FGID was not granted the property rights needed to conduct maintenance work on all portions of the fence, which in some locations is location on private property.
City Staff presented information to the FGID Board of Directors concerning the neighborhood’s proposal for the replacement of the FGID fence. During the ensuing discussion, the FGID Board of Directors recognized that FGID’s legal authority to maintain or reconstruct the fence in certain areas was in doubt and halted further maintenance activities until the FGID could determine whether the fence was located in public right-of-way (ROW) or on private property.
The FGID completed a fence location assessment to help resolve that question. The the assessment shows that nearly ninety-five percent of the fence is located in City ROW. Even though a significant amount of FGID fence is located in the City ROW, there remain certain maintenance limitations. The difference between fence located in City ROW and fence located on private property is summarized below:
FGID fence in the City ROW
- The FGID is able to claim ownership of the fences
- The FGID is able to maintain the exterior
- The FGID cannot maintain the interior of the fence or replace it without an easement due to the need for a contractor to enter various homeowners’ private property.
RGID fence on private property
- The FGID cannot claim ownership of the fences
- It would require a bill of sale for the FGID to attain ownership
- The FGID does not have the authority to provide any type of maintenance work on those fences (interior or exterior)
- The FGID would need an easement to do any interior or exterior maintenance
The City and FGID are currently working with the property owners to obtain ownership of the GID fence segments along with easements for construction and maintenance purposes.
FGID Questionnaire Results
In March 2019, the City conducted an online questionnaire to gain feedback from FGID residents 355 households responded. The results are below.
Question 1: Are you willing to pay for a fence replacement?
Yes: 261 No: 91 No response: 3
Question 2: Which material do you prefer?
Trex: 181 Cedar: 92 No response: 79
53 homeowners with a GID fence located on or adjacent to their property responded to the questionnaire. Forty-nine of them responded 'yes' to their willingness to help pay for a fence., while two said 'no' and two had 'no response.' In response to question 2, twenty-nine homeowners voted for Trex, while 16 voted in favor of cedar. Eight people had no response to question 2.
City staff is scheduled to present project updates to the Board of Directors on June 3 and potential ballot language on July 15. As these dates are subject to change, please check the Council Agenda page on the City website to confirm.
Foxridge GID Representatives
The FGID representatives are Martha Riley and Ed Bain. They can be reached at firstname.lastname@example.org.
Contact for Further Information
For more information, please email GID@centennialco.gov.
Frequently Asked Questions
What does an easement entail?
An easement gives a person or entity a legal right to use someone else’s land. For example, as provided on most of the plats in the Foxridge neighborhood, there is an easement for gas pipelines that is six feet in width on each private lot running along the public right-of-way. In this case, an easement would give the Foxridge General Improvement District the right to enter a portion of a property owner’s lot for purposes including fence maintenance, replacement and repair.
What benefits will I receive by signing an easement?
The easement will allow the FGID to maintain a portion of the fence on the property.
Will I receive any compensation for signing the easement?
Each property owner will receive a one-time payment of $10.00 as consideration for conveying the easement to the FGID.
What if I don’t want to sign it?
If a homeowner with FGID fencing on their private property does not want to sign the easement, the FGID unfortunately will be unable to maintain, replace or repair that portion of the fence as it will not legally be allowed work on the fence.
Am I giving up a portion of my property interest by signing the easement?
Yes, the City (FGID) will acquire a limited property interest to locate and protect the fence, and to access a portion of the property for fence related construction or maintenance purposes.
If I sign the easement document, does that mean the fence replacement project will move forward?
At this point, the FGID Board of Directors has not given direction to replace the FGID fence.