Loading...
HomeMy WebLinkAbout131 - 08/19/1997 - RATIFYING AND CONFIRMING AN EMERGENCY REGULATION OF THE CITY MANAGER PERTAINING TO THE ENTRY OF PREM ORDINANCE NO. 131, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS RATIFYING AND CONFIRMING AN EMERGENCY REGULATION OF THE CITY MANAGER, AND AMENDMENTS THERETO, PERTAINING TO THE ENTRY OP PREMISES AND THE RECOVERY AND DISPOSITION OF 1"I 'IMS OF PERSONAL PROPERTY DAMAGED OR LOST IN THE SPRING CREEK FLOOD WHEREAS, oil July 28 and 29, 1997, certain areas of the City were severely damaged and five (5) lives were lost due to the flooding of Spring Creek; and WHEREAS,the flood destroyed or severely damaged numerous mobile homes and vehicles located in the Johnson Center Mobile Home Park and the South College Trailer Park; severely damaged public and private infrastructure; caused the evacuation of residences and businesses; caused the temporary closure of businesses; and caused the loss or destruction of various items of personal property; and WHEREAS, in order to undertake emergency rescue operations and attempt to minimize the loss of human life and the preservation of property, the City Manager, acting pursuant to the authority granted in Section 2-671(a)(1) of the City Code, proclaimed the existence of a local emergency; and WHEREAS, having proclaimed such emergency, the City Manager issued an emergency regulation(the"Emergency Regulation") in order to protect the safety of City residents and preserve certain property recovered by the City during the course of the emergency operations, a copy of which regulation is attached hereto and incorporated herein by this reference as Exhibit "A"; and WHEREAS,the purpose of the Emergency Regulation was to establish a procedure whereby persons who had evacuated mobile homes,residences, businesses and vehicles during the course of the flood and who had lost items of personal property as a result of the flood, could be permitted to re-enter their premises, either to resume business activities or to recover items of personal property, without unduly endangering the safety of such persons or others; and WIIEREAS, the Emergency Regulation was established by the City Manager immediately prior to a continuation of a regular meeting of the City Council on July 29, 1997; and WHEREAS, at such meeting, and pursuant to the provisions of Section 2-671(a)(6)a. of the City Code, the Emergency Regulation was presented to and considered by the City Council and was confirmed by a motion of the Council at said meeting; and WHEREAS, two amendments have since been made to the emergency regulation, which amendments are attached hereto and incorporated herein as Exhibits "B" and "C" respectively; and WHEREAS, the City Council wishes to confirm such amendments by ordinance. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the Emergency Regulation, and amendments thereto, attached hereto as Exhibits"A", "B", and"C"and incorporated herein by this reference, were necessary in the interest of protecting the health, safety and welfare of the citizens of Fort Collins. Section 2. That the Council hereby confirms, ratifies and approves the Emergency Regulation, and amendments thereto, as of the dates shown thereon. Introduced, considered favorably on first reading, and ordered published this 5th day of August, A.D. 1997, and to be presented for final passage on the 19th day of August, A.D. 1997. Mayor ' ru berg ATTEST: City Clerk Passed and adopted on final reading this 19th day of August, A.D. 1997. Mayor ATTEST: City Clerk EXHIBIT "A" EMERGENCY REGULATION Pursuant to Section 2-671(a)(6)a. of the Code of the City of Fort Collins, the following regulation is hereby established by the City Manager and approved by the City Council with regard to the entry of premises and the recovery and disposition of items of personal property damaged or lost in the Spring Creek Flood ("the Flood") of July 28-29, 1997: 1. Mobile homes and other properties that have been evacuated by City residents during the course of the Flood will be secured by Police Services, to the extent reasonably possible, and access to those properties will be limited to persons who can present evidence of their ownership of, or right to occupy, such properties. Access will be permitted as soon as, in the judgment of the Emergency Management Coordinator, such properties may be safely entered and occupied. 2. Items of apparent value recovered by the City during its cleanup efforts will be separated and delivered to the Property and Evidence Division of Police Services. 3. Persons allowed access to secured areas (either at the site of the Flood or at Police Services) for the purpose of identifying and recovering items of personal property must sign the attached form before removing any such property. BY EXECUTIVE ORDER: - Qi I • tji.1 John F. ischbach Date: 711tq I ql APPROVED BY MOTION OF THE CITY COUNCIL AT A REGULAR MEETING OF THE COUNCIL ON JULY 29, 1997, AND BY ORDINANCE NO. 131, 1997, ADOPTED BY THE CITY COUNCIL ON AUGUST 19, 1997. Mayor ATTEST: -4'" City Clerk SWORN STATEMENT OF OWNERSHIP AND RECEIPT OF PROPERTY I, the undersigned, [PLEASE PRINT NAME], hereby swear and affirm, under penalty of law, that I am the lawful owner of the following described property which was recovered by the City of Fort Collins on or about July 29, 1997, during the implementation of its Emergency Operations Plan for the Spring Creek Flood. This property has been delivered to me, at my request, on this day of , 1997. Signature Address: Phone: (970)_ Date of Birth: LIST OF PROPERTY EXHIBIT "B" AMENDED EMERGENCY REGULATION Pursuant to Section 2-671(a)(6)a. of the Code of the City of Fort Collins, the following regulation is hereby established by the City Manager and approved by the City Council with regard to the entry of premises and the recovery and disposition of items of personal property damaged or lost in the Spring Creek Flood ("the Flood") of July 28-29, 1997: 1. Mobile homes and other properties that have been evacuated by City residents during the course of the Flood will be secured by Police Services during the period of local emergency, to the extent reasonably possible, and access to those properties will be limited to persons who can present evidence of their ownership of, or right to occupy, such properties. Access will be permitted as soon as: (1) in the judgment of the Emergency Management Coordinator, such properties may be safely entered and occupied, or (2) the owner or occupant of such property has signed a release agreement acceptable to the City. 2. Items of apparent value recovered by the City during its cleanup efforts will be separated and delivered to the Property and Evidence Division of Police Services. 3. Persons allowed access to secured areas (either at the site of the Flood or at Police Services) for the purpose of identifying and recovering items of personal property must sign the attached form before removing any such property. BY EXECUTIVE ORDER: 00Z 4, LAWL John FVFischbach Date: APPROVED BY ORDINANCE NO. 131, 1997, OF THE CITY COUNCIL AT A REGULAR MEETING OF THE COUNCIL ON AUGUST 19, 1997 Mayor r" ATTEST: IIA" City Clerk ' EXHIBIT "C" SECOND AMENDED EMERGENCY REGULATION Pursuant to Section 2-671(a)(6)a. of the Code of the City of Fort Collins, the following regulation is hereby established by the City Manager and approved by the City Council with regard to the entry of premises and the recovery and disposition of items of personal property damaged or lost in the Spring Creek Flood ("the Flood") of July 28-29, 1997: 1. Mobile homes and other properties that have been evacuated by City residents during the course of the Flood will be secured by Police Services during the period of local emergency, to the extent reasonably possible and deemed necessary by the Chief of Police, and access to those properties will be limited to persons who can present evidence of their ownership of, or right to occupy, such properties. Access will be permitted as soon as: (1) in the judgment of the Emergency Management Coordinator, such properties may be safely entered and occupied, or (2) the owner or occupant of such property has signed a release agreement acceptable to the City. 2. Items of apparent value recovered by the City during its cleanup efforts will be separated and delivered to the Property and Evidence Division of Police Services. 3. Persons allowed access to secured areas (either at the site of the Flood or at Police Services) for the purpose of identifying and recovering items of personal property must sign the attached form before removing any such property. BY EXECUTIVE ORDER: John V Fischbach ' Date: -7�,3 APPROVED BY ORDINANCE NO. 131, 1997, OF THE CITY COUNCIL AT A REGULAR MEETING OF THE COUNCIL ON AUGUST 19, 1997 yor ATTEST: City Clerk