HomeMy WebLinkAbout001 - 03/15/1909 - CONCERNING SIDEWALKS, CURBS AND GUTTERS, AND THE PLANTING OF TREES IN THE PARKING ON STREETS .. Y
ORDINANCE NO. / OF THE SERIES OF 19C9.
AN ORDINANCE CONCERNING SIDE WALKS, CURBS AND GUTTERS, AND THE
PLANTING OF TEEFS IN TI--' PARKING OF STR"ETS.
Be It Ordained by the City Council of the City of Fort
Collins, Colorado:
SECTION 1. That sidewalks, curbs and gutters may be con-
structed by the owners of property abutting upon the same, and
at their expense, within the City of Fort Collins, when streets
are laid out, opened and improved, and in common use by foot
travelers, within the corporate limits of said city, and shall
be constructed of the character, location, grade, material, and
in the mariner in this ordinance provided.
SECTION 2. For the purpose of establishing uniformity in
construction of sidewalks, curbs, gutters, as well as to pro-
vide for suitable surface drainage in the streets, it shall be
the duty of the City Council to cause the several streets and
avenues in said city to be surveyed, and shall ascertain and
determine the grades for sidewalks and curbs and gutters at the
intersection of each street, and to establish said grades by
ordinance duly adopted, and the siidwalks shall be constructed
at a grade corresponding with the grade of the center of the
street as established by ordinance, unless otherwise provided
in any particular cass2 Said Grades may be established from
time to time by districts as the needs and the growth of the
city, and the demands for the laying of side walks, curbs and
gutters shall require. Said grades shall be established as near
as may be so as to produce a uniform slope from grade point to
grade point , unless the conditions of the surroundings be such
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that a different grade line between street corners should be
established, in which said case, said variations from the even
grade and the extent thereof shall be specified. All such
grades with profiles, plans and specifications exhibiting the
same}, shall be made a matter of record and shall be kept on
file in the City Fall for the use of the city and the public
in the construction, alteration and repair of sidewalks, curbs
and gutters within said city.
SECTICN 3. All sidewalks and curbs and gutters constructed
within said city shall be constructed upon the grade for each so
established, and if in any case a special plan is adopted, for
the purpose of drainage or otherwise, the same shall conform to
said special grade or plan. Any person who shall fail or refuse
to construct his sidewalk or curb or gutter upon the grades made
by the City Council, may be required to reeconstruct the same to
conform to the requirements of this ordinance. Before construct-
ing any sidewalk, urb or gutter, the owner of the property ad-
jacent shall, -at exp nse, procure the services of the City
Engineer, who shall lay out , stake and establish said sideralk,
curb or gutter, conformable to the grades established in said
locality, and the said owner shall construct said sidewalk, curb
or gutter, as so laid out and staked.
SECTION 4. It shall be the duty of the Street Supervisor to
take charge of all si�dbwalks, curbs and gutters, within the limits
of the City of Fort Collins, and see that the same are properly
constructed and kept in repair, and in case c any thereof become
unsafe or out of repair, to cause the same to be repaired at the
expense of the property owner, as herein provided. When a permit
shall be issued for any person or persons to construct any side-
walk, curb or gutter, it shall be the duty of the Street Supervisor
to supervise the construction thereof, and require the same tv'
constructed pursuant to the provisions of this ordinance, an
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case any such work requires an inspector to see that the same is
constructed as in this ordinance provided, he may select and
designate a suitable person to act as inspector, under his di-
rection and control.
SECTION 5. Any person desiring to construct a sidewalk,
curb or gutter, where the grades have been established, shall
first procure from the City Clerk a permit therefor, which shall
give an accurate desdript'ion of his lot and describe the size of
said sidewalk and the character of the material to be used in
construction thereof, which shall conform to the provisions of
this ordinance, r-and shall state the date when construction will
commence, and a duplicate copy thereof shall be retained by the
City Clerk as a part of the records of his office, and for the
use of the Street Supervisor in superintending the laying of
said walks, and before construction work shall be commenced, the
City Engineer shall endorse on both copies of said permit that
he has properly located and staked the same, together with any
special requirements coneerning the construction thereof. In
case said sidewalk, curb or gutter is laid pursuant to an,. order
Of the city in relation thereto, upon failure of the owner to
construct the same! as herein provided, said permit shall so
state and shall be issued to the contractor and person construct-
ing the same. "'hen said sidewalk, curb or gutter is constructed,
and the same is accepted by the Street Supervisor, he shall en-
dorse said acceptance upon both copies of said contract permit,
and upon the duplicate remaining in the office of the City
Clerk, ar_d he shall also state the name of the contractor or the
person doing the work, and the date of the completion thereof in
said permit. No permit shall issue unless grades have been es-
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tablished in the locality.
`here proceedings are had to lay sidewalks, curbs or gutters
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under any special law of the state of Colorado where the entire
work in a district is let by the city as one contract, it shall
not be necessary for the property owners to procure a permit.
Before a permit shall issue , the applicant shall pay to the
City Clerk the sum of one (1) dollar, for each fifty feet, or
fraction thereof, of his sidewalk, curb or gutter, as the case
may be, and in case he desires grades for two of said improvements
he shall pay an additional sum in the amount of one-half of the
charge for locating one such improvement, and if he desires grades
for all three improvements, the charge shall be double the amount
for one, provided all are located at the same time, all of which
shall be stated in said permit; in no case will the engineer
assume to give the exact lot line of the applicant. Accounts
shall be kept of all moneys derived from said permits and the
amounts paid the engineer on his per diem for such serviced
SECTION 6. That portion of the City which is bounded as
follows shall be designated as the "Business District": Commen-
cing at the center of Oak Street and Fason Street ; thence north
along the center of ;.:ason Street to the south side of Cherry
Street; thence east along the south side of Cherry Street to the .
North side of Willow Street ; thence southeasterly along the north
side of Tillow Street to the east side of Lincoln Avenue ; thence
southwesterly along the east side of Lincoln Avenue to the south
side of T.'ountain Avenue and Fiverside Avenue; thence west along
the south side of kountain Avenue to the east side of Yatthews
Street ; thence south along the east side of Mathews Street to the
North side of Oak Street ; thence west along the north side of Oak
Street to the center of Femington Street ; thence south along- the
center of Remington Street to the center of Oak Street ; thence
west along the center of Oak Street to the center of P'ason Street,
or place of beginning.
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The distance of the outside line of the curbing from the
property line shall be as follows:
College Avenue within the "Business District" 16 feet
kountain Avenue within the "BusinessDistrict" 16 feet .
Pine Ctreet, Linden Street , Chesnut Street, "Ialnut
Street , Jefferson Street, "fillow Street and Lincoln
Avenue, within the "Business District" 12 feet.
Oak Street, within the "Business District" 16 feet.
Remington Street and 1.athess Street within the
"Business District". 16 feet.
Laporte Avenue, within the "Business District" 2C feet .
College Avenue from Oak Street on the north to
Elizabeth Street on the South 25 feet.
College Avenue from Elizabeth Street on the ;:orth
to Pitkin Street on the South 12 feet.
I,ountain Avenue from I:`ason Street on the east to the
City Limits on the west 25 feet
Oak Street outside of the "Business District" and all
other 100 foot streets except Nsson Street, outside of
the"Business District" 20 feet
Mason Street 12 feet
All 90 foot Streets 18 feet
All 80 foot, Streets 16 feet
All 90 foot streets 14 feet
All 6C foot Streets 12 feet
All 5C foot Streets 10 feet.
All sidewalks within said City shall be of the following
widths:
Sidewalks on College and Lountain Avenues shall be six (6) feet
wide.
All sidewalks on 1C0 foot streets shall be 5 feet wide.
All sidewalks on streets less than 1CO feet wide shell be 4
feet wide. 5
Provided that all sidewalks adjoining stores, shops,
hotels or other business property shall extend from the lot line
to the curb line in front of said premises; and Provided furtc.er,
that in locations where, infthe opinion of the City Council,
because of the near proximity of full width sidewalks in front
of business properties, full width sidewalks are required, they
may order sidewalks in front`.of residences or vacant property
to be laid from the lot line to the curb.
All sidewalks, curb and gutter within the City shall
be constructed of either hydraulic cement, concrete or stone.
The inside edge of the sidewalks on all 14C, 1CC and
9C feet streets, except t;,ason Street, shall be four feet from
the property line. The inside edge of the sidewalks on Mason
Street shall be two (2) feet from the property line.
The inside edge of the sidewalks on all 8C and 7C
feet streets shall be three (3) feet from the property line.
The inside edge of the sidewalks on all 6C and 50 foot
streets shall be two r2) feet from the property line.
All sidewalks shall be laid with a slope of one-fourth
(1/4) of an inch to the foot toward the curbing.
All curbing shall be set with a slope of one (1) inch
to the foot. The height on all streets 100 feet or more in
width, Except hason Street, shall be twelve (12 ) inches above
the bottom of the gutter; all streets 80 and 90 feet in width
shall be ten (10) inches above the bottom of the gutter;- and
all streets 70 feet and less in width shall be nine (9) inches
above the bottom of the gutter. The curbing on F„ason Street
shall be nine ( 9) inches above the bottom of the gutter.,
All gutters on streets 1C0 feet or more in width,
except _ _ason Street, shall be two and a half (2-1/2) feet in
width. 1ti.ason Street and all other streets the gutters shall
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shall be two (2) feet wide. All gutters shall be set with a
slope of one and a half (1-1/2) inches to the foot toward the
curb.
SECTION 7. All trees set in the parking between the
property line and the curb shall be set at the following dis-
tances from the property lines.
On all streets 140 feet in width 17-1/2 feet
On all streets 100 feet in width, except 14-1/2 feet
Mason Street)
On Mason Street 10 feet
On all streets 9C feet in width 13 " "
On all streets 8C feet in width 12 ) "
Cn all streets 70 feet in width 11
On all streets 60 feet in width 10 "
In case any property owner shall desire to plant trees
in the parking opposite his property, he shall apply for a per-
mit therefor to the City Clerk, who shall turn over the appli-
cation to the Street Supervisor, and it shall be the business
of the Street Supervisor to see that the said trees are planted
on the lines hereinabove designated.
SECTION 8. The specifications for construction and
material of all sidewalks, curbs and gutters shall be inc con-
formity with the specifications heretofore reported by the
Street Supervisor and City Engineer, and which specifications
have been heretofore adopted by resolution duly passed, and
copies whereof are now on file in the office of the City Clerk.
SECTION 9. Whenever the owners of a majority of the
frontage of the lots or lands abutting upon streets and alleys
constituting a designated area known as a "district" shall
petition the City Council in writing to require sidewalks or
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curbs or gutters or anyone or more of them to be constructed as
a local improvement under the provisions of Chapter 151 of the
Oession Laws of the State of Colorado of 1899, pages 393 to 414
inclusive, or any amendment thereof, which is commonly known as
the "district system", it shall be the duty of the City Council
to take such proceed$ngs in relation thereto, as shall be pro-
vided by law, said improvements to be made as near as may be
according to the provisions of this ordinance.
SECTICK 10. Whenever the City Council shall deem it
necessary that any portion of a sidewalk or curb or gutter be
constructed or repaired or re-constructed because not conformable
to the provisions of this ordinance, it may, upon its own motion,
order that said sidewalk or curb or gutter or portion thereof
be constructed or repaired or re-constructed as the case may be.
Said order may be by resolution or ordinance, duly passed in
relation thereto, which shall describe the place where said
sidewalk, curb or gutter is to be constructed, repaired or re-con-
structed; and further, that if the same is not done by the
property owner or owners within thirty (3C) days from the date
or said resolution or publication of said ordinance, that the
City will construct, repair or re-construct the same, or cause
said work to be done and charge the cost thereof against the
adjacent property and the owner or owners thereof, and certify
and collect the same as by law provided.
If any property owner shall fail to construct, repair
or re-construct his sidewalk, curb or gutter when so ordered
within thirty (30) days from the service of the notice of reso-
lution of publication of said ordinance, the City may construct
the same and assess the costs thereof, including cost of inspec-
tion and services of the Engineer in properly locating the same
against the adjacent or abutting property, end the owner or owners
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thereof, making the said assessment in conformity with the
provisions of Ordinance Number 19 of 1884.
SECTICN 11 . If it shall appear to the City Council
that any sidewalk is so much out of repair as to endanger the
treveline public, it may upon its own motion, by resolution
order that the same be repaired forthwith, and in case the
same is not repaired within three (3) days after notice given
thereof to the owner, the city may repair the same and assess
the costs thereof against the property adjacent and the owner
thereof, and if not paid in thirty (30) days, the City Clerk
shall certify and collect the same as above provided. .
SECTION 12. Any person who shall violate any of the
provisions of this ordinance or wi--o shall change, disturb or
alter any grade stakes or pins set by the engineer, either upon
` any special work done by the engineer or the regular pins or
1 monuments set by the engineer in establishing grades, as in this
ordinance provided, shall upon conviction thereof, be fined in
in a sum not less than five (P5. 00) Dollars, nor more than One
IIundred (4100. 00) Dollars.
Passed and adopted, signed and approved this
day of h1 &c-c-'� 1909.
CR�' mot/
A T T E S T. hr.ayo�.
City C1—er -