HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/21/2007 - SECOND READING OF ORDINANCE NO. 082, 2007, AMENDIN ITEM NUMBER: 7
AGENDA ITEM SUMMARY DATE: August 21, 2007
FORT COLLINS CITY COUNCIL STAFF: Paul Eckman
Mark Jackson
SUBJECT
Second 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 Second 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. This Ordinance,
unanimously adopted on First Reading on July 17,2007,changes the wording of Section 23-115(a)
to better address this type of situation.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary- July 17, 2007.
ATTACHMENT
ITEM NUMBER: 10
AGENDA ITEM SUMMARY DATE: July 17, 2007
FORT COLLINS C O I FF: 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 b(ish o whereb e 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.
COPY
ORDINANCE NO. 082, 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 ofthe City Code establishes a process whereby the City Council
may vacate public rights-of-way in the City; and
WHEREAS,Subsection 23-1 15(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:
See. 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 right-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 Planning 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
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 favorablyon first reading,and ordered published this 17th dayof July,
A.D. 2007, and to be presented for final passage on the 21st day gust, A.D. 2007.
/ G
Mayor
ATTEST:
4al�k
City Clerk
Passed and adopted on final reading on the 2 tst day of August, A.D. 2007.
Mayor
ATTEST:
City Clerk