HomeMy WebLinkAbout050 - 04/18/2017 - APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO SUPPORT THE IDEA 2 PRODUCT 3D PRINTING COMMr
ORDINANCE NO. 050, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 23-116 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING PERMITS AND LICENSES TO'ENTER ON REAL PROPERTY
WHEREAS, Article XI, Section 10 of the City Charter authorizes the City Council to
grant a permit for the use or occupation of any street, alley or public place, with such permit
being revocable by the City Council at its pleasure; and
WHEREAS, on October 6, 2009, the City Council approved Ordinance No. 092, 2009,
giving authority to the City Manager to grant licenses or permits for the use or occupation of any
real property owned in the name of the City, on certain terms and conditions, for up to one year,
subject to revocation at the pleasure of the,City Manager; and
WHEREAS, on July 1, 2014, the City Council approved Ordinance No. 085, 2014, which
granted authority to the City Manager to lease, for a definite term of five years or less, any
interest in real property owned in the name of the City; and
WHEREAS, a license or permit is a less significant right to use property than a lease,
because a license does not grant exclusive use of a property the way a lease does, and a license
can be terminated at the will of the property owner; and
WHEREAS, the City often receives requests for a license or permit to use a portion of
City property for more than one year, which requests must currently be approved by the City
Council, even though the City Manager could approve a more significant lease without City
Council approval; and
WHEREAS, in order to correct this inconsistency in the City Manager's authority under
the City Code and facilitate the approval of minor licenses and permits for use of City property,
City staff is recommending that Section 23-116 of the City Code be amended to increase the
maximum length of a permit or license the City Manager can grant from one year to five years;
and
WHEREAS, the City Council finds it is in the best interests of the City to make the City
Manager's authority to grant licenses and permits for the use of City property consistent in
duration with the City Manager's authority to lease property.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section L. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 23-116 of the City Code is hereby amended to read as
follows:
Sec. 23-116. - Permits and licenses to enter on real property.
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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 five (5) years 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 21st day of
March, A.D. 2017, and to be resented for final passage on the 18th da o il, A.D. 2017.
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Passed and adopted nal reading on the 18th day of April, A.D. 2017.
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