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HomeMy WebLinkAboutMINUTES-01/19/1914-RegularRecords of the City Council, 19th Day of January. 1914 191 521 At a regular meeting of the City Council held at the City Hall in the Council Chamber on the 19th day of January the following proceedings were had. Present, Samuel H. Clammer, President D. C. Armitage and Alfred A. Edwards Commissioners Frank J. Annis,-City Attorney. On motion the minutes of the meeting of January 12th, 1914 were read and approved. On motion the communic..ti(-n from Mrs. Brockman requesting fintneial aid was laid on the table and the City Clerk instructed to write to Mrs. Brockman advising her that the City has no authority whatever to grant any relief as requested. On motion City Attorney and Commissioners of Works were instructed to draft an Ordinance in regards Eleotrto Meter Testing eto. On motion the City Clerk was instructed to draw a warrant in favor of the Northern Colorado Power Co. in the amount of $ 269.30 in payment of the Decorative lights. The roll being called the vote stood as follows. Ayes Commissioners Clammer, Armitage and Edwards. Nays Commissioner. .. .. .. .. .. .. .. .. All co:amissioners voting in the affirmative the motion was carried and so de- clared by the President. On motion City Clerk was instructed to collect -the taxes on the property known as A11 of reservation 3 used as a dump ground. On motion the following report was accepted and ordered placed upon the records. TO THE HONORABLE CITY COUNCIL OF THE CITY OF FORT COLLINS: Gentlemen: At your last meeting the question of the authority of the council to compel the widening of sidewalks on both sides of College. Avenue from the Post Office to the College to eight feet in width, was referred to this office. Under subdivision 7 of section 6525 of the revised statutes of the State of Coloradc 1908, City Councils are authorized " to lay out, establish, open or widen, extend, grade pave or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds and vacate the same, and to direct and regulate the planting of ornamental trees in such streets, avenues and public grounds." Under the authority conferred by this provision of law, the City Council passed an Ordinance in 1909, known as Ordinance No. 1) relating tc sidewalks, sot. Section 6 provides that all walks on College and Mountain Avenues within the limits noted in the question shall be six feet wide. Under this provision no greater- requirement can be made as to the width of the sidewalks unless an amended ordi- nance is adopted, and the question then arises as to whether in cases where compliance has been made with the requirements of the ordinance of 1909, if an amendatory ordinance requiring a greater width at the expense of the abutting property owners would be a reasonable regirenent under all the circumstances of the case.' In any event, such an amendatory ordinance could not be objested to by such abuttin€ property owners as have not complied with the ordinance of 1909. The question as to whether such an ordinance would be unreasonable, unjust and oppressive, is one to be determined by the court, having due regard to all existing circumstances and the objects sought to be attained, and the necessity or want of necissity for its adoption, insofar as its provisions might require the widening of walks, to be made at the expense of the abutting property -owners. In the forice existing ordinance Of an ordinance iup nng otheequestiongisffoundain Paragraph 8nd snfrom looewatll the authorityy r Subdivision 7, Section 6525 Revised Statutes of 1908, which provides, " To regulate the use of sidewalks along the streets and alleys and all structures thereunder, and to requ: the owner oroccupant of any premises to keep the sidewalk, or along the same, free from snow and other obstacles." The present ordinance provides for a penalty if its owner or occupant ofIany premises shall fail to remove the snow and ice therefrom within a limited time, but contains no provision authorizing the'city to remove the snow and ice if after the expiration of the limited time the owner -or occupant has failed to e the se thereof nordoesitmakingohsprovide for king such now and ice and to gcharge efor nthe 'expense aofithe renst eovaleof icer or and snow a lien upon the abutting property. Subdivision 75 of Section 6525, Revised dordinanes of 1908 provedes;be the de in which the " Each municipal corporation may, by general charge on the respective owners of lots or lands, and on the lots or lands, shall be assessed and d-termined for the purposes authorized by this act; such charge, when assessed, shall be payable by the ov:ner or owners at the time of the assessment, person- ally, and also be a Mien upon the respective lots or parcels of land from the time of the assessment. Suc, eitherreinatheenamelofted suchnd such lien corporation orfofced anyby a personotoewhom it ding shall law or n equity, all have directed payment to be made. In any such proceedings, where pleadings are requires, it shall be sufficient to declare generally for work waand labor rent done or and materi furnished on the particular street) alley, or highway, Proceedings may be instituted against all the owners, orany of them, to enforce the lien against all the lots or land, or en o each lot o reeshallparely theparcel, be seatof them amount proper. bracein any one assessment; but the judgm chargeable to each. Any proceedings may be served in the discretion of the of the court for the purpose of trial, review or appeal.° Under the authority of the foregoing provision of law, the Council is empowered to enact an ordinance respecting the cleaning of ice and snow from walks, and in the event of refusal of the abutting property owner to clean the ice and snow from the walk or cause the same to be done by tt-e occupant of the premises, then the work can be done by the city and the expense thereof charged to the owner of the lot and the same made a lien upon the property of the abbutting owner. "When this is the law the duty must be looked upon as being enjoined as re- gulation of the police, because of the peculiar interest such owners have in the walks, because the situation gives them peculiar fitness and ability for performing, with promptness and convenience, the duty of putting them proper st ate and utof afteityt ards keeping them in a condition suitable for use. Up these grounds 52 Records of the City Council, 19th Day of January, 1914 191 establish such regulations has been supported with little dissent." 2d Cooley on Taxation Page 1129 Palmer v. Way, 6 Colo, 106-117 Pueblo v. Robinson 12 Colo 593. In accordance with the foregoing views, -I have prepared an ordinance to eo,i- pel the abbutting property owners to keep the walks clean from ice and snow, and to enforce the provisions thereof by special assessment, if necessary, upon the lots of the abutting property owners. In the matter of providing rest rooms at the terminals of the Denver & In- terurban Railway upon Elizabeth and Pitkin Streets, pursuant to the request of the City Clerk I have written the management oQ said company prescribing the condi- tions under which said rest rooms could be erected and have sewer and water con. neetions, as ordered by the City Council. It is imperative that provision should be made at once for the compilation revision and consolidation b£ all of the ordinances of the city ib order to be able to advise the officers intelligently respecting their duties, and also to harmonize and make more effective the same under the new system of government and I would recommend that appropriate action be taken by the Council to that end Further time is requested in the matter of permits issued by City Clerk. Dated January, 19th, 1914 Respectfully submitted Frank J. Annis City Attorney. On motion the report of the Chief of Police was accepted. On motion the following ordinance was introduced read and ordered published on first reading. The roll being called the vote stood as follows. Ayes Commissioners, Clamner, Armitage and Edwards. Nays Commissioner.. .. .. .. . All commissioners voting in the :affirmative the motion was carried and so declared by the President. ' Ordinance No ...... 1914 "Relating to the keeping of sidewalks free from snow and ibe and providing for the enforcement thereof. On motion the following resolution was adopted. Whereas, the ordinance of the City of Fort Collins have not been compiled revised and published in book form since the let day of January 1906, and Whereas, in the opinion of the City Council the ordinances of said City are in urgent need of compilation revision and publication in book form to date, so as to make the same more readily accessible to the officers and general public as well as t6 harmonize the same with the existing form of government; therefore be it , Resolved, By the City Council that a compilation revision and publication of the ordinances of the City of Fort Collins including the City Charter be and the same is hereby ordered to be made, and that the matter of said compilation revision and publication be placed in the exclusive 'charge and control of the Co.umissioneroP Finance and the City Attorneym with directions to complete the viork as soon as the duties of their respective offices will permit; that an es- timate be made by said officers -'of the probable cost of said work, including publication, number of copies needed and a report thereof made to this Council of their action on or before the first meeting in February, 1914. The roll being called the vote stood as follows. Aye-. Commnissioners, Clammer, Armitage and Edwards. Nays Commissioners.. .. .. .. .. .. .. .. .. .. All commissioners voting in the affirmative the motion was carried and so declared by the President. Whereupon Council adjourned. Zf Al President. Attest City Clerk.