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HomeMy WebLinkAbout151 - 12/17/1996 - AMENDING CITY CODE PERTAINING TO THE PROCEDURE FOR HEARING APPEALS TO THE CITY COUNCIL ORDINANCE NO. 151, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 2, DIVISION III OF THE CITY CODE PERTAINING TO THE PROCEDURE FOR HEARING APPEALS TO THE CITY COUNCIL WHEREAS, Article 2, Division III of the City Code establishes a procedure for the hearing of appeals taken to the City Council from the decisions of certain boards and commissions of the City; and WHEREAS, Section 2-55 establishes procedures governing the presentation of argument to Council by the parties in interest to such appeals; and WHEREAS, during the course of several recent appeal hearings, the Council has been presented by parties in interest with various materials in support of their positions; and WHEREAS, Section 2-56 of the City Code provides that new evidence is not to be considered on appeal except under certain limited circumstances; and WHEREAS, when the Council receives written submittals during the course of the appeal hearing, it frequently does not have an adequate opportunity to review and consider those submittals, to determine whether they contain inadmissible new evidence, or to identify and consider any new evidence that should properly be considered under the exceptions stated in Section 2-54; and WHEREAS, the Council believes that it would be in the best interests of the City and that it would enhance the Council's ability to consider any written submittals of the parties' without allowing new evidence to be improperly considered, if such written materials were provided to the Council prior to the hearing on the appeal and at the same time as the record on appeal. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that Section 2-54 is hereby amended so as to add a new subparagraph (b), which shall read as follows: Sec. 2-54. Scheduling of the hearing. (b) Any written materials that any party in interest may wish the City Council to consider in deciding the appeal shall be submitted to the City Clerk no later than 12:00 p.m. on the Wednesday immediately preceding the date upon which the hearing on the appeal is scheduled to be held. Such materials shall then be included by the City Clerk in the agenda materials pertaining to the appeal. Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 1996, and to be presented for final passage on tale 1774h day of December. A.D. 1996. .0 May r ATTEST: City Clerk Passed and adopted on final reading this 17th day of Dece r, A../1996. -? r' Mayor ATTEST: City Clerk