HomeMy WebLinkAbout106 - 07/20/2004 - AMENDING THE CITY CODE BY THE ADDITION OF A NEW SECTION 23-115 PERTAINING TO VACATING PUBLIC RIGHT-O ORDINANCE NO. 106, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY BY THE ADDITION OF A NEW
SECTION 23-115 PERTAINING TO VACATING PUBLIC RIGHT-OF-WAY
WHEREAS,the City frequently receives requests to vacate portions of City public right-of-
way, which requests typically are generated by private property owners or developers who want to
convert portions of the public right-of-way to private use; and
WHEREAS, heretofore, the City has only had an informal process for the handling of such
requests; and
WHEREAS, the Council has determined that the City Code should be amended to provide
a process and criteria for handling requests for vacations of public right-of-way in order to ensure
due process and consistent response to such requests; and
WHEREAS, the Council has further determined that the addition of such Code provisions
will clarify local policy and procedures,as well as reinforce the state statutory procedures contained
in Section 43-2-302 of the Colorado Revised Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Code of the City of Fort Collins be amended by the addition of a new Section 23-
115 to be entitled "Vacating Public Right-of-Way" to read as follows:
Sec. 23-115. Vacating public right-of-way.
(a) The City Council is authorized to vacate public 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.
(b) Any person desiring the vacation of public 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 survey(s), 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.
(c) The applicant for a right-of-way vacation shall remit to the city a
nonrefundable application fee in such amount as may be established by the City
Manager pursuant to Chapter 7.5, Article I of this Code.
(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 Services.
(e) Recommendations of the Director of Transportation Services 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 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.
(f) For approved right-of-way vacations, the title to the vacated right-of-way
shall vest in accordance with Section 43-2-302, C.R.S.
Introduced and considered favorably on first reading and ordered published this 6th day of
July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004.
Mayor -'
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of July, A.D. 2004.
O J
Mayor
ATTEST:
City Clerk