HomeMy WebLinkAbout048 - 04/06/2004 - AMENDING THE CITY CODE PERTAINING TO ENCROACHMENTS ORDINANCE NO. 048, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23, ARTICLE III, DIVISION 3
OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO ENCROACHMENTS
WHEREAS, Section 23-81 of the Code of the City of Fort Collins authorizes certain
encroachments "upon" the City's streets and rights-of-way; and
WHEREAS, the language of Section 23-81 should be changed to authorize encroachments
"within" the streets and rights-of-way and not merely "upon" them; and
WHEREAS, the Council has further determined that applicants for encroachment permits
should,if required by the City Manager,provide evidence of their ability and willingness to provide
liability insurance to the City, not only in the context of encroachments for the purpose of serving
food and/or beverages, but also for the issuance of any other type of encroachment permit.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 23-81 of the Code of the City of Fort Collins be amended to read
as follows:
Sec. 23-81. Permit required; application.
Any person desiring to place or erect a building, fence, barrier, post or other
obstructions or encroachments within any street, avenue, alley, sidewalk, highway,
public right-of-way or other public ground within the city shall file a written
application for a permit upon a form prepared and provided by the city. The
provisions of this Division shall not apply to special events as defined in §23.5-2 of
this Code.
Section 2. That Section 23-82(a)of the Code of the City of Fort Collins be amended by
the addition of a new subparagraph (8) which reads in its entirety as follows:
Sec. 23-82. Contents of application.
(8) Evidence of the applicant's ability and willingness to provide liability
insurance insuring the city in a sum not less than one million dollars
($1,000,000.),proof of which insurance shall be provided to the city prior
to issuance of the permit,unless the requirement to provide such insurance
is waived by the City Manager.
Introduced and considered favorably on first reading and ordered published this 16th day of
March, A.D. 2004, and to be presented for final passage on the 6th day of A '1, A.D. 2004.
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ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of April, A.D. 2004.
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Mayor
ATTEST:
Aar
City Clerk