HomeMy WebLinkAbout162 - 11/19/2002 - AMENDING THE CITY CODE BY ADDING A PROVISION AUTHORIZING THE CLOSURE OF CERTAIN CITY OWNED PROPERTY ORDINANCE NO. 162, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS
BY ADDING A PROVISION AUTHORIZING THE
CLOSURE OF CERTAIN CITY-OWNED PROPERTY
WITHIN THE OLD TOWN PLAZA
WHEREAS, the City and the Downtown Development Authority ("DDA") each own
certain real property within the Old Town Plaza, (the "Plaza") as depicted on Exhibit "A",
attached hereto and incorporated herein by this reference; and
WHEREAS, the DDA owns approximately 32,000 square feet of such property, and the
City owns approximately 2,800 square feet of the same; and
WHEREAS, the City-owned property within the Plaza consists of a portion of the right-
of-way for Linden Street that was not vacated by the City at the time the Plaza was created; and
WHEREAS, a number of disturbances have begun to occur within the Old Town Plaza
on a regular basis following the closure of taverns in the area, which disturbances threaten the
safety of the public, as well as the preservation of the privately and publicly owned fixtures and
improvement within the Plaza; and
WHEREAS, by the adoption of Resolution 2002-03, dated September 18, 2002, the DDA
Board has decided to close its portion of the Plaza during the early morning hours of each day so
as to better protect public safety and to provide for the improved maintenance of such property;
and
WHEREAS, the City Council believes it to be in the best interests of the City to
cooperate with the DDA in this regard and to close its portion of the Plaza to public use during
the same periods of time.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Chapter 23 of the Code of the City of Fort Collins is hereby amended by
the addition of a new Article XI to read as follows:
ARTICLE XI. OLD TOWN PLAZA RIGHT-OF-WAY
See. 23-250. Closure.
(a) In order to better protect public safety and provide for improved
maintenance within Old Town Plaza, certain city-owned property within Old
Town Plaza will be closed during the early morning hours of each day.
Specifically, that portion of the Linden Street right of way that is north of
Mountain Avenue and south of 25 Old Town Square shall be closed for use by the
public between the hours of 2:00 a.m. and 6:00 a.m. For the purpose of this
Section, "Old Town Plaza" shall mean all publicly owned property within the
areas bordered by College Avenue, Mountain Avenue and Walnut Street. The
City Manager shall cause notice of such closure to be prominently posted at all
entrances to the Old Town Plaza. No person shall enter or remain on property
closed to public use under this Section during such hours of closure; provided,
however, that in the event that the Downtown Development Authority extends the
hours of operation of Old Town Plaza to accommodate an event sponsored or
approved by the Downtown Development Authority, the hours of closure of the
city-owned property governed by this Section shall coincide with the hours of
closure of the property owned by the Downtown Development Authority in the
Old Town Plaza.
(b) Subsection (a) of this Section shall not apply to emergency or law enforcement
operations or to maintenance activities nor shall it apply to any owner, operator or
employee of any business located within, adjacent to, the Old Town Plaza who is
traveling to or from the business property.
Secs. 23-251-23-300. Reserved.
Introduced, considered favorably on first reading, and ordered published this 5th day of
November, A.D. 2002, and to be presented for final passage on the 19th day of November, A.D.
2002.
Mayor
ATTEST:
.4. a'.�.)P� I
City Clerk
Passed and adopted on final reading this 19th day of November, A.D. 2002.
Mayor . :
ATTEST:
City Clerk
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