HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2007 - FIRST READING OF ORDINANCE NO. 082, 2007, AMENDING ITEM NUMBER: 10
AGENDA ITEM SUMMARY DATE: July 17, 2007
FORT COLLINS CITY COUNCIL STAFF: Paul Eckman
Mark Jackson
SUBJECT
First Reading of Ordinance No. 082,2007,Amending Section 23-115 of the City Code to Allow for
the Vacation of City Right-of-Way in Situations Where the Vacated Right-of-Way Will Still Be
Used For Other Public Purposes.
RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
EXECUTIVE SUMMARY
Section 23-115 of the City Code establishes a process whereby the City Council may vacate public
rights-of-way in the City. It requires a finding by the Council that the public right-of-way to be
vacated is no longer needed for"any public'purpose. Sometimes it may be in the best interests of
the City to vacate a right-of-way even though the real property underlying the right-of-way may still
be needed and used for some other municipal purpose such as utility lines. Therefore, the wording
of Section 23-115(a) should be changed to better address this type of situation.
ORDINANCE NO . 0829 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 23 - 115 OF THE CODE OF THE CITY OF
FORT COLLINS TO ALLOW FOR THE VACATION OF CITY
RIGHT-OF-WAY IN SITUATIONS WHERE THE VACATED
RIGHT-OF-WAY WILL STILL BE USED FOR OTHER PUBLIC PURPOSES
WHEREAS , Section 23 - 115 of the City Code establishes a process whereby the City Council
may vacate public rights-of-way in the City; and
WHEREAS , Subsection 23 - 115 (a) requires a finding by the Council that the public right-of-
way to be vacated is no longer needed for any public purpose; and
WHEREAS , in certain situations, it may be in the best interests of the City to vacate a public
right-of-way when the real property underlying the right-of-way may still be needed and used for
some other municipal purpose ; and
WHEREAS , the Council wishes to revise the wording of subsection 23 - 115 (a) to better
address such situations .
NOW, THEREFORE, be it ordained by the Council of the City of Fort Collins that Section
23 - 115 of the Code of the City of Fort Collins is hereby amended to read in its entirety as follows :
Sec. 23-115. Vacating public 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 publicright-of-way purposes, and that it is in the
public's interest to vacate the same .
(d) The City Engineer shall route the vacation request to, and solicit comments
from, potentially affected utility agencies, City staff, emergency service providers
and affected property owners in the vicinity of the right-of-way being proposed for
vacation. Upon receipt of such information from potentially affected interests, the
City Engineer shall develop a recommendation for approval or denial and shall
submit such recommendation to the Director of Transportation ServicesPlanning
Development and Transportation Director.
(e) Recommendations of the Planning
Development and Transportation Director for approval of a right-of-way vacation
shall be forwarded to City Council for its consideration of action by ordinance to
vacate the right-of-way. Decisions of the Director of Transportation Services
Planning Development and Transportation Director for denial of a right-of-way
vacation request shall be delivered in writing to the applicant and may be appealed
to the City Manager pursuant to the provisions contained in Chapter 2, Article VI of
the Code .
Introduced, considered favorably on first reading, and ordered published this 17th day of
July, A.D . 2007 , and to be presented for final passage on the 21 st day of August, A.D . 2007 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 21 st day of August, A.D . 2007 .
Mayor
ATTEST :
City Clerk