HomeMy WebLinkAbout131 - 08/19/1997 - RATIFYING AND CONFIRMING AN EMERGENCY REGULATION OF THE CITY MANAGER PERTAINING TO THE ENTRY OF PREM ORDINANCE NO. 131, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
RATIFYING AND CONFIRMING AN EMERGENCY REGULATION OF
THE CITY MANAGER, AND AMENDMENTS THERETO,
PERTAINING TO THE ENTRY OP PREMISES AND
THE RECOVERY AND DISPOSITION OF 1"I 'IMS OF PERSONAL PROPERTY
DAMAGED OR LOST IN THE SPRING CREEK FLOOD
WHEREAS, oil July 28 and 29, 1997, certain areas of the City were severely damaged and
five (5) lives were lost due to the flooding of Spring Creek; and
WHEREAS,the flood destroyed or severely damaged numerous mobile homes and vehicles
located in the Johnson Center Mobile Home Park and the South College Trailer Park; severely
damaged public and private infrastructure; caused the evacuation of residences and businesses;
caused the temporary closure of businesses; and caused the loss or destruction of various items of
personal property; and
WHEREAS, in order to undertake emergency rescue operations and attempt to minimize the
loss of human life and the preservation of property, the City Manager, acting pursuant to the
authority granted in Section 2-671(a)(1) of the City Code, proclaimed the existence of a local
emergency; and
WHEREAS, having proclaimed such emergency, the City Manager issued an emergency
regulation(the"Emergency Regulation") in order to protect the safety of City residents and preserve
certain property recovered by the City during the course of the emergency operations, a copy of
which regulation is attached hereto and incorporated herein by this reference as Exhibit "A"; and
WHEREAS,the purpose of the Emergency Regulation was to establish a procedure whereby
persons who had evacuated mobile homes,residences, businesses and vehicles during the course of
the flood and who had lost items of personal property as a result of the flood, could be permitted to
re-enter their premises, either to resume business activities or to recover items of personal property,
without unduly endangering the safety of such persons or others; and
WIIEREAS, the Emergency Regulation was established by the City Manager immediately
prior to a continuation of a regular meeting of the City Council on July 29, 1997; and
WHEREAS, at such meeting, and pursuant to the provisions of Section 2-671(a)(6)a. of the
City Code, the Emergency Regulation was presented to and considered by the City Council and was
confirmed by a motion of the Council at said meeting; and
WHEREAS, two amendments have since been made to the emergency regulation, which
amendments are attached hereto and incorporated herein as Exhibits "B" and "C" respectively; and
WHEREAS, the City Council wishes to confirm such amendments by ordinance.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That the Emergency Regulation, and amendments thereto, attached hereto as
Exhibits"A", "B", and"C"and incorporated herein by this reference, were necessary in the interest
of protecting the health, safety and welfare of the citizens of Fort Collins.
Section 2. That the Council hereby confirms, ratifies and approves the Emergency
Regulation, and amendments thereto, as of the dates shown thereon.
Introduced, considered favorably on first reading, and ordered published this 5th day of
August, A.D. 1997, and to be presented for final passage on the 19th day of August, A.D. 1997.
Mayor ' ru berg
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of August, A.D. 1997.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
EMERGENCY REGULATION
Pursuant to Section 2-671(a)(6)a. of the Code of the City of Fort Collins, the following
regulation is hereby established by the City Manager and approved by the City Council with
regard to the entry of premises and the recovery and disposition of items of personal property
damaged or lost in the Spring Creek Flood ("the Flood") of July 28-29, 1997:
1. Mobile homes and other properties that have been evacuated by City residents
during the course of the Flood will be secured by Police Services, to the extent reasonably
possible, and access to those properties will be limited to persons who can present evidence of
their ownership of, or right to occupy, such properties. Access will be permitted as soon as, in
the judgment of the Emergency Management Coordinator, such properties may be safely entered
and occupied.
2. Items of apparent value recovered by the City during its cleanup efforts will be
separated and delivered to the Property and Evidence Division of Police Services.
3. Persons allowed access to secured areas (either at the site of the Flood or at Police
Services) for the purpose of identifying and recovering items of personal property must sign the
attached form before removing any such property.
BY EXECUTIVE ORDER:
- Qi I • tji.1
John F. ischbach
Date: 711tq I ql
APPROVED BY MOTION OF THE CITY COUNCIL AT A REGULAR MEETING OF THE
COUNCIL ON JULY 29, 1997, AND BY ORDINANCE NO. 131, 1997, ADOPTED BY THE
CITY COUNCIL ON AUGUST 19, 1997.
Mayor
ATTEST:
-4'"
City Clerk
SWORN STATEMENT OF OWNERSHIP
AND RECEIPT OF PROPERTY
I, the undersigned, [PLEASE PRINT NAME],
hereby swear and affirm, under penalty of law, that I am the lawful owner of the following
described property which was recovered by the City of Fort Collins on or about July 29, 1997,
during the implementation of its Emergency Operations Plan for the Spring Creek Flood. This
property has been delivered to me, at my request, on this day of ,
1997.
Signature
Address:
Phone: (970)_
Date of Birth:
LIST OF PROPERTY
EXHIBIT "B"
AMENDED
EMERGENCY REGULATION
Pursuant to Section 2-671(a)(6)a. of the Code of the City of Fort Collins, the following
regulation is hereby established by the City Manager and approved by the City Council with
regard to the entry of premises and the recovery and disposition of items of personal property
damaged or lost in the Spring Creek Flood ("the Flood") of July 28-29, 1997:
1. Mobile homes and other properties that have been evacuated by City residents
during the course of the Flood will be secured by Police Services during the period of local
emergency, to the extent reasonably possible, and access to those properties will be limited to
persons who can present evidence of their ownership of, or right to occupy, such properties.
Access will be permitted as soon as: (1) in the judgment of the Emergency Management
Coordinator, such properties may be safely entered and occupied, or (2) the owner or occupant
of such property has signed a release agreement acceptable to the City.
2. Items of apparent value recovered by the City during its cleanup efforts will be
separated and delivered to the Property and Evidence Division of Police Services.
3. Persons allowed access to secured areas (either at the site of the Flood or at Police
Services) for the purpose of identifying and recovering items of personal property must sign the
attached form before removing any such property.
BY EXECUTIVE ORDER:
00Z 4, LAWL
John FVFischbach
Date:
APPROVED BY ORDINANCE NO. 131, 1997, OF THE CITY COUNCIL AT A REGULAR
MEETING OF THE COUNCIL ON AUGUST 19, 1997
Mayor
r"
ATTEST:
IIA"
City Clerk '
EXHIBIT "C"
SECOND AMENDED
EMERGENCY REGULATION
Pursuant to Section 2-671(a)(6)a. of the Code of the City of Fort Collins, the following
regulation is hereby established by the City Manager and approved by the City Council with
regard to the entry of premises and the recovery and disposition of items of personal property
damaged or lost in the Spring Creek Flood ("the Flood") of July 28-29, 1997:
1. Mobile homes and other properties that have been evacuated by City residents
during the course of the Flood will be secured by Police Services during the period of local
emergency, to the extent reasonably possible and deemed necessary by the Chief of Police, and
access to those properties will be limited to persons who can present evidence of their ownership
of, or right to occupy, such properties. Access will be permitted as soon as: (1) in the judgment
of the Emergency Management Coordinator, such properties may be safely entered and occupied,
or (2) the owner or occupant of such property has signed a release agreement acceptable to the
City.
2. Items of apparent value recovered by the City during its cleanup efforts will be
separated and delivered to the Property and Evidence Division of Police Services.
3. Persons allowed access to secured areas (either at the site of the Flood or at Police
Services) for the purpose of identifying and recovering items of personal property must sign the
attached form before removing any such property.
BY EXECUTIVE ORDER:
John V Fischbach '
Date: -7�,3
APPROVED BY ORDINANCE NO. 131, 1997, OF THE CITY COUNCIL AT A REGULAR
MEETING OF THE COUNCIL ON AUGUST 19, 1997
yor
ATTEST:
City Clerk