Foxridge GID Fence Replacement Project

Copper Foxridge Sign.jpg

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. In accordance with 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 Ballot Question

In November 2019, residents of the Foxridge neighborhood voted to increase the mill levy for the Foxridge General Improvement District (GID) for the replacement of the fence.

The question asked 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?

FGID Fence Easements

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. 

FGID 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.

November 2019 Election

Foxridge residents voted to approve Ballot Issue 6B in the November 2019 election by a margin of 54% to 46%. Registered voters living in or owning property in the District were eligible to vote. The ballot question sought voter approval to incur debt of $1,955,000 to pay for the replacement of the District's existing cedar fence and to increase taxes to repay that debt.

 

Foxridge GID Representatives 

The FGID representatives are Martha Riley and Ed Bain. They can be reached at foxridge.gid.reps@gmail.com.

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. Your property will be included in the fence replacement project.

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 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. That section of fencing will become the property owner's responsibility to maintain.

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.