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HomeMy WebLinkAbout162 - 11/19/2002 - AMENDING THE CITY CODE BY ADDING A PROVISION AUTHORIZING THE CLOSURE OF CERTAIN CITY OWNED PROPERTY ORDINANCE NO. 162, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS BY ADDING A PROVISION AUTHORIZING THE CLOSURE OF CERTAIN CITY-OWNED PROPERTY WITHIN THE OLD TOWN PLAZA WHEREAS, the City and the Downtown Development Authority ("DDA") each own certain real property within the Old Town Plaza, (the "Plaza") as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the DDA owns approximately 32,000 square feet of such property, and the City owns approximately 2,800 square feet of the same; and WHEREAS, the City-owned property within the Plaza consists of a portion of the right- of-way for Linden Street that was not vacated by the City at the time the Plaza was created; and WHEREAS, a number of disturbances have begun to occur within the Old Town Plaza on a regular basis following the closure of taverns in the area, which disturbances threaten the safety of the public, as well as the preservation of the privately and publicly owned fixtures and improvement within the Plaza; and WHEREAS, by the adoption of Resolution 2002-03, dated September 18, 2002, the DDA Board has decided to close its portion of the Plaza during the early morning hours of each day so as to better protect public safety and to provide for the improved maintenance of such property; and WHEREAS, the City Council believes it to be in the best interests of the City to cooperate with the DDA in this regard and to close its portion of the Plaza to public use during the same periods of time. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 23 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article XI to read as follows: ARTICLE XI. OLD TOWN PLAZA RIGHT-OF-WAY See. 23-250. Closure. (a) In order to better protect public safety and provide for improved maintenance within Old Town Plaza, certain city-owned property within Old Town Plaza will be closed during the early morning hours of each day. Specifically, that portion of the Linden Street right of way that is north of Mountain Avenue and south of 25 Old Town Square shall be closed for use by the public between the hours of 2:00 a.m. and 6:00 a.m. For the purpose of this Section, "Old Town Plaza" shall mean all publicly owned property within the areas bordered by College Avenue, Mountain Avenue and Walnut Street. The City Manager shall cause notice of such closure to be prominently posted at all entrances to the Old Town Plaza. No person shall enter or remain on property closed to public use under this Section during such hours of closure; provided, however, that in the event that the Downtown Development Authority extends the hours of operation of Old Town Plaza to accommodate an event sponsored or approved by the Downtown Development Authority, the hours of closure of the city-owned property governed by this Section shall coincide with the hours of closure of the property owned by the Downtown Development Authority in the Old Town Plaza. (b) Subsection (a) of this Section shall not apply to emergency or law enforcement operations or to maintenance activities nor shall it apply to any owner, operator or employee of any business located within, adjacent to, the Old Town Plaza who is traveling to or from the business property. Secs. 23-251-23-300. Reserved. Introduced, considered favorably on first reading, and ordered published this 5th day of November, A.D. 2002, and to be presented for final passage on the 19th day of November, A.D. 2002. Mayor ATTEST: .4. a'.�.)P� I City Clerk Passed and adopted on final reading this 19th day of November, A.D. 2002. Mayor . : ATTEST: City Clerk Ail- 01 r Or Aft ak AL 3 t,w s Z �f 4 v � O 4L CO Q10 ht la dft,. WF � As ` a t .. iRrr'f r TPI1v1BLE CT IL kwl 40 8 ,.: , .. •4 Al T s s �, ► ,' _ -. w E MOUNMt4 AN .7 • • • 40