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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/06/2004 - SECOND READING OF ORDINANCE NO. 048, 2004, AMENDIN ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: April 6, 2004 FORT COLLINS CITY COUNCIL STAFF: Cam McNair SUBJECT Second Reading of Ordinance No. 048, 2004, Amending Chapter 23, Article III,Division 3 of the City Code Pertaining to Encroachments. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, which was unanimously adopted on First Reading on March 16, 2004, revises Sections 23-81 and 23-82 of the City Code. The changes clarify the requirement for encroachment permits when privately-owned utilities, telecommunications lines, irrigation pipes, and similar facilities are allowed to reside within the public rights-of-way. The changes also give the City Manager the ability to require liability insurance to protect the City, if necessary and appropriate. ORDINANCE NO. 048, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23, ARTICLE III, DIVISION 3 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO ENCROACHMENTS WHEREAS, Section 23-81 of the Code of the City of Fort Collins authorizes certain encroachments "upon" the City's streets and rights-of-way; and WHEREAS, the language of Section 23-81 should be changed to authorize encroachments "within" the streets and rights-of-way and not merely "upon" them; and WHEREAS, the Council has further determined that applicants for encroachment permits should,if required by the City Manager,provide evidence of their ability and willingness to provide liability insurance to the City, not only in the context of encroachments for the purpose of serving food and/or beverages, but also for the issuance of any other type of encroachment permit. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 23-81 of the Code of the City of Fort Collins be amended to read as follows: Sec. 23-81. Permit required; application. Any person desiring to place or erect a building, fence, barrier, post or other obstructions or encroachments within any street, avenue, alley, sidewalk, highway, public right-of-way or other public ground within the city shall file a written application for a permit upon a form prepared and provided by the city. The provisions of this Division shall not apply to special events as defined in § 23.5-2 of this Code. Section 2. That Section 23-82(a)of the Code of the City of Fort Collins be amended by the addition of a new subparagraph (8) which reads in its entirety as follows: Sec. 23-82. Contents of application. (8) Evidence of the applicant's ability and willingness to provide liability insurance insuring the city in a sum not less than one million dollars ($1,000,000.),proof of which insurance shall be provided to the city prior to issuance of the permit,unless the requirement to provide such insurance is waived by the City Manager. Introduced and considered favorably on first reading and ordered published this 16th day of March, A.D. 2004, and to be presented for final passage on the 6th day of Aril, A.D. 2004. ATTEST: City Clerk Passed and adopted on final reading this 6th day of April, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 13 AGENDA ITEM SUMMARY DATE: March 16, 2004 FORT COLLINS CITY COUNCIL STAFF: Cam McNair SUBJECT First Reading of Ordinance No. 048,2004,Amending Chapter 23,Article III,Division 3 of the City Code Pertaining to Encroachments. RECOMMENDATION COPY Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This Ordinance revises Sections 23-81 and 23-82 of the City Code. The proposed changes clarify the requirement for encroachment permits when privately-owned utilities,telecommunications lines, irrigation pipes, and similar fMtheility d re th' the public rights-of-way. The changes also give the City Mr lia ' insurance to protect the City, if necessary and appropriate. BACKGROUND With increasing frequency, the City is being asked to allow portions of its public rights-of-way to be used for semi-permanent installations of facilities owned by private companies and other government agencies. Examples include fiber-optic telecommunications lines connecting various facilities, such as the encroachment permits recently approved by Council for Hewlett-Packard and for Poudre School District. hcopy p Also, there are examples of portions of buildings and priveoncroach on,under and over our public rights-of-way. Public rights-of-way are lands intended to be reserved for public transportation facilities, public utilities, and telecommunications facilities that serve the public. The City Code allows for other types of encroachments, subject to a permitting process. The permitting process is intended to prevent interference or damages among the various users of the rights-of-way. The proposed changes to Sections 23-81 and 23-82 of the City Code are relatively minor, and have been identified as staff has begun to deal with the more frequent applications for encroachment permits. The change to Section 23-81 substitutes the word"within" for the word "upon" in order to make it clear that encroachments under and over the surface of the public land must follow the permitting process. The change to Section 23-82 allows staff to require proof of liability insurance covering the City in instances where there may be a need for insurance associated with the proposed encroachment.