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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2007 - SECOND READING OF ORDINANCE NO. 004, 2007, AMENDIN ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: February 6, 2007 FORT COLLINS CITY COUNCIL STAFF: Steve Roy SUBJECT Second Reading of Ordinance No. 004, 2007,Amending Chapter 23 of the City Code by Changing Certain References therein From "Public' Property to "City"Property. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY Chapter 23 of the City Code contains many references to "public'property. The term"public'is, in some instances, subject to an interpretation that is too broad for lawful application because it might imply that the City has the power and jurisdiction to regulate property owned by the United States or the State of Colorado or other public entities which may be outside of the jurisdiction of the City. This Ordinance, unanimously adopted on First Reading on January 16, 2007, changes references in Chapter 23 so that the language will read"City"property rather than"public'property. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- January 16, 2007. ATTACHMENT 1 ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: January 16, 2007 FORT COLLINS CITY COUNCIL STAFF: Steve Roy SUBJECT -4 First Reading of Ordinance No. 004, 2007, Amending Chapter 23 of the City Code by Changing Certain References therein From "Public"Property to "City"Property. RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. EXECUTIVE SUMMARY Chapter 23 of the City Code c tains ih y ref n s ybrofor roperty. The term"public" is, in some instances, subject to interpr tion at s too lawful application because it might imply that the City hasth er s ' ' n tproperty owned by the United States or the State of Colorado or other public entities which may be outside of the jurisdiction of the City. Therefore, staff is recommending that the Council change certain references in Chapter 23 so that the language will read "City"property rather than "public"property. ORDINANCE NO. 004, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS BY CHANGING CERTAIN REFERENCES THEREIN FROM "PUBLIC" PROPERTY TO "CITY" PROPERTY WHEREAS,Chapter 23 of the City Code contains numerous references to"public'property; and WHEREAS, the term "public' is, in some instances, subject to an interpretation that is too broad for lawful application because it might imply that the City has the power and jurisdiction to regulate property owned by the United States or the State of Colorado or other public entities which may be outside of the jurisdiction of the City; and WHEREAS, the Council has determined that certain references to "public' property in Chapter 23 of the City Code should be changed to "City" property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the title of Article II of the Code of the City of Fort Collins is hereby amended to read as follows: ARTICLE II. EXCAVATIONS ON CITY PROPERTY* Section 2. That Section 23-16(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-16. Permit required; exception in case of emergency. (a) It shall be unlawful for any person to make or cause or permit to be made any excavation or opening in or under the surface or pavement of any City-owned property or any street,alley,or sidewalk in the City without first having obtained and having in force a permit. Section 3. That Section 23-46 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 23-46. Limitations. No encroachment or obstruction whatever other than that provided for by law or by this Article or some other City ordinance shall be made or placed upon any City property or any street, alley, or sidewalk in the City. Section 4. That Section 23-61 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-61. Permit required; application. Any person desiring to occupy any City property or any portion of a street,alley, or sidewalk in the City in connection with the erection,construction,remodeling or demolition of any building or improvement on property abutting or adjacent thereto shall make written application to the Director of Transportation Services for a permit on a form prepared and provided by the City. Section 5. That Section 23-62(2) of the Code of the City of Fort Collins is hereby amended to read as follows: (a) The application shall contain the following information: (1) The applicant's name, address and telephone number; (2) The City property, street, alley, or sidewalk affected and the extent affected; Section 6. That Section 23-65 of the Code of the Cit of Fort Collins s is hereby amended to read as follows: Sec. 23-65. Surety bond required; conditions. Any person applying for a permit under this Article shall file with the City an acceptable corporate surety bond in the amount of ten thousand dollars ($10,000.) conditioned on the faithful performance of the work in accordance with the rules and regulations of the City and the Code and the terms of the permit and indemnifying and holding harmless the City against and from all damages or claims for damages, loss, costs and charges or expenses that may be brought against it by any person on account of injury to persons or property resulting from or occasioned by the occupation of the City property or the street, alley, or sidewalkthat is the subject of the permit. Section 7. That Section 23-66 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-66. Protection of pedestrian and vehicular traffic; walkways and markings. The holder of any permit issued under this Article shall provide the fencing the Director of Transportation Services requires to protect pedestrian and vehicular -2- traffic. If required, the permit holder shall build and maintain a good and substantial protected walkway around the obstruction. The permit holder shall adequately light and mark the obstruction to protect pedestrian and vehicular traffic. Section 8. That Section 23-91 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-91. Permits. Any qualified neighborhood organization desiring to erect a neighborhood entry sign upon any City property or any street, alley, or sidewalk, in the City shall file a written application for a permit upon a form prepared and provided by the City. Only established,qualified neighborhood organizations may apply for and obtain a permit for neighborhood entry signs. Permits shall not be issued under this Division to residential developments that are being processed for development review and approval under the Land Use Code or the Transitional Land Use Regulations. Section 9. That Section 23-94(a) of the Code of the City of Fort Collins is hereby amended to read as follows: See. 23-94. Investigation of application; permit fee; revocation. (a) The application for a permit for a neighborhood entry shall be made to the City Engineer.The City Engineer shall make or cause to be made an investigation of the information contained in the application and prior to the issuance of a permit shall determine that the applicant is a qualified neighborhood organization and that the proposed neighborhood sign does not constitute a nuisance or destroy or impair the use of the right-of-way or any City property by the public or constitute a traffic hazard and complies with all standards and criteria of this Division. In investigating whether the application for a neighborhood entry sign conforms to the standards and criteria of this Division,the City Engineer shall consult with the Traffic Engineer,the Director of Current Planning and the City Neighborhood Resources office. Section 10. That Section 23-115(a) and (b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-115. Vacating City right-of-way. (a) The City Council is authorized to vacate City right-of-way,provided that the City Council first finds, by ordinance, that the right-of-way being considered for vacation is no longer needed for any public purpose, and that it is in the public's interest to vacate the same. -3- (b) Any person desiring the vacation of City right-of-way shall make written application therefor to the City Engineer on the form prepared and provided by the City Engineer's office. Supporting documentation such as land surveys, legal descriptions,maps and other materials as determined necessary by the City Engineer to properly describe the property to be vacated,or to explain or provide justification for the request, shall be provided with the application. Section 11. That the title of Article IV,Division 3 of the Code of the City of Fort Collins is hereby amended to read as follows: DIVISION 3. REAL AND PERSONAL PROPERTY Section 12. That Section 23-140(a) of the Code of the City of Fort Collins is hereby amended to read as follows: See. 23-140. Rules and regulations. (a) The City Manager is hereby authorized to establish such rules and regulations governing the conduct of the general public's use of facilities owned or operated by the City, excluding streets, sidewalks and other City rights-of-way, as the City Manager may determine are necessary and appropriate to serve one(1)or more of the following purposes: (1) The protection of such facilities, or any other City or property or facility; Section 13. That Section 23-193(c) of the Code of the City of Fort Collins is hereby amended to read as follows: (c) It shall be unlawful to engage in any activity within or upon a natural area when a sign has been posted by the Service Area that the particular area or a portion of the area is closed for such use, based upon a determination by the Service Area that such prohibition is appropriate to protect the safety or well-being of persons or animals; the natural area, related facilities or any other City property or facility; the use and enjoyment of said areas or facilities by the general public; the needs and objectives of the City in maintaining and operating the same; and/or the natural environment in general. Section 14. That Section 23-194(b) of the Code of the City of Fort Collins is hereby amended to read as follows: -4- (b) The Director shall approve,conditionally approve or deny an application on the grounds set forth in this Subsection, and the Director's action and the basis therefor shall be stated in a written notice to the applicant, no later than five (5) business days after receipt of a fully completed application. The Director may deny anyapplication or impose any reasonable permit conditions or requirements upon the approval of the same in order to protect the safety or well-being of persons or animals; the natural area, related facilities or any other City property or facility; the use and enjoyment of said areas or facilities by the general public; the needs and objectives of the City in maintaining and operating the same; and/or the natural environment in general. Section 15. That Section 23-203(c) of the Code of the City of Fort Collins is hereby amended to read as follows: (c) No person shall engage in any conduct or activity within or upon a recreation area when a sign has been posted by the Service Area that such conduct or activity is not allowed in the recreation area or a portion of the area,based on a determination by the Service Area that such prohibition is appropriate to protect the safety or well- being of persons, or animals,or to protect or preserve the recreation area and related facilities,or any other City property or facility,the use and enjoyment of the same by the general public, or the needs and objectives of the City in maintaining and operating the same. Section 16. That Section 23-204(b) of the Code of the City of Fort Collins is hereby amended to read as follows: (b) The Director shall approve, conditionally approve or deny an application on the grounds set forth in this Subsection. The Director may condition the issuance of any permit by imposing reasonable requirements concerning the time, place and manner in which the proposed activity shall be permitted, and may deny any application or impose any reasonable permit conditions or requirements upon the approval of the same in order to protect the safety or well-being of persons, or animals, or to protect or preserve the recreation area and related facilities, or any other City property or facility, the use and enjoyment of the same by the general public or the needs and objectives of the City in maintaining and operating the same. -5- Introduced, considered favorably on first reading, and ordered published g p ed this 16th day of January, A.D. 2007, and to be presented for final passage on t h day of February, A. 2007. ATTEST: Mayor — JAL U44 �4,1 City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2007. Mayor ATTEST: City Clerk -6-