HomeMy WebLinkAbout082 - 08/21/2007 - AMENDING SECTION 23-115 OF THE CITY CODE TO ALLOW FOR THE VACATION OF CITY RIGHT-OF-WAY IN SITUATION 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 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 findingby 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 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 favorably on first reading,and ordered published this 17th dayofJuly,
A.D. 2007, and to be presented for final passage on the 21st day gust, A.D. 2007.
4
Mayor
ATTEST:
4ul�k.N�-
City Clerk
Passed and adopted on final reading on the 21st day of t, A.D. 2007.
May
ATTEST:
City Clerk