HomeMy WebLinkAbout092 - 10/06/2009 - AMENDING CHAPTER 23 OF THE CITY CODE TO AUTHORIZE THE CITY MANAGER TO GRANT CERTAIN PERMITS AND LICE ORDINANCE NO. 092, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS
TO AUTHORIZE THE CITY MANAGER TO GRANT CERTAIN PERMITS AND
LICENSES TO ENTER ON REAL PROPERTY
WHEREAS,Article XI, Section 10 of the City Charter states that the City Council can grant
a permit for the use or occupation of any street, alley, or public place; and
WHEREAS, the City Council has delegated to City staff, through various provisions of the
City Code, the authority to grant certain permits for particular uses of City property without further
Council approval; and
WHEREAS,City staff will sometimes receive a request for a short-term use of City property
that does not fit within an existing administrative permitting provision of the City Code, Charter or
Land Use Code; and
WHEREAS, in those circumstances, staff will generally prepare a resolution for the City .
Council asking the City Council to grant a license to enter or revocable permit for the requested use
of City property pursuant to Article XI, Section 10 of the City Charter; and
WHEREAS,the time required to process such a request,including City Council approval by
resolution, can sometimes make it difficult for the City to timely grant a request by a citizen, group
or business for a use of City property that the City supports or has no objection to; and
WHEREAS, the City Manager has proposed an amendment to the City Code that would
allow the City Manager to grant certain licenses to enter or revocable permits to use City property
without City Council action when the use will be completed in a year or less, does not involve the
installation of any permanent fixtures or improvements on City property, and does not fall within
another existing administrative permitting process in the Code, Charter or Land Use Code; and
WHEREAS, any such licenses or permits granted by the City Manager would be subject to
appropriate conditions and requirements, and would be revocable at the pleasure of the City
Manager; and
WHEREAS, the City Manager would promptly notify the City Council of any licenses or
permits granted under the authority of the proposed Code provision; and
WHEREAS, City staff recommend adoption of the proposed amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Division 2 of Article W of Chapter 23 of the Code of the City of Fort Collins is
hereby amended by the addition of a new Section 23-116, to read as follows:
Sec. 23-116. Permits and licenses to enter on real property.
(a) The City Manager is authorized to grant a permit or license for the use or
occupation of any real property owned in the name of the City,provided such use or
occupation:
(1) will be completed no later than one(1)year from the effective date of the
permit;
(2) does not involve the installation of any permanent fixtures or
improvements on the property; and
(3) cannot be authorized entirely through other administrative processes
provided for in the Charter, Code or Land Use Code.
(b) Any such permit or license may include such conditions and requirements
as the City Manager deems necessary and appropriate to protect the interests of the
City,and shall be revocable at the pleasure of the City Manager,whether or not such
right to revoke is expressly reserved in such permit or license.
(c) The City Manager shall promptly notify the City Council of the granting of any
permit or license pursuant to this section.
Introduced, considered favorably on first reading, and-ordered published this 15th day of
September, A.D. 2009, and to be presented for final passage on day of October, A.D. 2009.
Mayor
,ATTEST:
l
City Clerk
Passed and adopted on final reading on the 6th day of O er, A.D. 2009.
*ay �
ATTEST:
Au WW%'-.*AA L
= ,City Clerk