HomeMy WebLinkAbout047 - 05/03/2011 - AMENDING SECTIONS 22-43 AND 28-42 OF THE CITY CODE RELATING TO PAVING AND MAINTENANCE OF STREETS, AN ORDINANCE NO. 047, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 22-43 AND 28-42 OF THE CODE OF THE CITY
OF FORT COLLINS RELATING TO PAVING AND MAINTENANCE OF
STREETS, AND PARTICULARLY AS AFFECTED BY THE MASON EXPRESS
BUS RAPID TRANSIT PROJECT
WHEREAS, the Mason Express Bus Rapid Transit Project (the "Project") is a five mile
infrastructure project that includes the construction of a concrete bus guideway, park-and-ride
parking lots,bus stations and stops located parallel to the Burlington Northern Santa Fe ("BNSF")
railroad tracks between the newly planned Transfort South Transit Center and the Downtown Transit
Center; and
WHEREAS, the Project, largely funded by the Federal Transit Authority, will cost
approximately $82 million and will provide bus rapid transit service at ten minute intervals along
the way; and
WHEREAS, the Project requires the acquisition of an easement from BNSF for use of the
BNSF right-of-way for nearly three miles of the five mile route; and
WHEREAS,in connection with the City's obtaining the right to use the BNSF right-of-way
for the Project purposes,BNSF has entered into a construction and maintenance agreement with the
City which requires that the City amend Sections 22-43 and 28-42 of the City Code,which sections
require railway companies to pave and maintain the part of the street between the rails and two feet
outside of the rails, and also to keep the rails on a level surface with the adjacent street; and
WHEREAS, in order to obtain the necessary easement from BNSF to use its right-of-way
for Project purposes,the City has agreed that from Laurel Street to Vine Drive,the BNSF tracks will
be confined by an island in Mason Street and not covered with pavement except at intersections;and
WHEREAS, the City Council has determined that it is in the best interests of the City that
Sections 22-43 and 28-42 of the City Code be amended to exempt the BNSF track along Mason
Street from Laurel Street to Vine Drive from the requirement of paving over the track except at
intersections so that the track will be"open ballast"between intersections along the distance from
Laurel Street to Vine Drive.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 22-42 of the Code of the City of Fort Collins is hereby amended
by the addition of a new subparagraph (c) which reads in its entirety as follows:
Sec. 22-43. Responsibility of railway companies to pave.
(c) The provisions of this Section 22-43 shall not apply to that portion of the
Burlington Northern Santa Fe track along Mason Street where such track is located
between intersections, from Laurel Street to Vine Drive.
Section 2. That Section 28-42 of the Code of the City of Fort Collins is hereby amended
by the addition of a new subparagraph (f) which reads in its entirety as follows:
Sec. 28-42. Paving and maintenance of streets occupied or crossed by tracks.
(f) The provisions of this Section 28-42 shall not apply to that portion of the
Burlington Northern Santa Fe track along Mason Street where such track is located
between intersections, from Laurel Street to Vine Drive.
Introduced, considered favorably on first reading, and ordered published this 19th day of
April, A.D. 2011, and to be presented for final passage on the 3rd day of May, A.D. 2011.
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Passed and adopted on final reading on the 3rd day of May, A.D. 2011.
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