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HomeMy WebLinkAbout082 - 08/21/2007 - AMENDING SECTION 23-115 OF THE CITY CODE TO ALLOW FOR THE VACATION OF CITY RIGHT-OF-WAY IN SITUATION ORDINANCE NO. 082, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 23-115 OF THE CODE OF THE CITY OF FORT COLLINS TO ALLOW FOR THE VACATION OF CITY RIGHT-OF-WAY IN SITUATIONS WHERE THE VACATED RIGHT-OF-WAY WILL STILL BE USED FOR OTHER PUBLIC PURPOSES WHEREAS,Section 23-115 of the City Code establishes a process whereby the City Council may vacate public rights-of-way in the City; and WHEREAS,Subsection 23-115(a)requires a findingby the Council that the public right-of- way to be vacated is no longer needed for any public purpose; and WHEREAS,in certain situations,it may be in the best interests of the City to vacate a public right-of-way when the real property underlying the right-of-way may still be needed and used for some other municipal purpose; and WHEREAS, the Council wishes to revise the wording of subsection 23-115(a) to better address such situations. NOW,THEREFORE,be it ordained by the Council of the City of Fort Collins that Section 23-115 of the Code of the City of Fort Collins is hereby amended to read in its entirety as follows: Sec. 23-115. Vacating public right-of-way. (a) The City Council is authorized to vacate City right-of-way,provided that the City Council first finds, by ordinance, that the right-of-way being considered for vacation is no longer needed for right-of-way purposes, and that it is in the public's interest to vacate the same. (d) The City Engineer shall route the vacation request to, and solicit comments from,potentially affected utility agencies,City staff,emergency service providers and affected property owners in the vicinity of the right-of-way being proposed for vacation. Upon receipt of such information from potentially affected interests, the City Engineer shall develop a recommendation for approval or denial and shall submit such recommendation to the Planning Development and Transportation Director. (e) Recommendations of the Planning Development and Transportation Director for approval of a right-of-way vacation shall be forwarded to City Council for its consideration of action by ordinance to vacate the right-of-way. Decisions of the Planning Development and Transportation Director for denial of a right-of-way vacation request shall be delivered in writing to the applicant and may be appealed to the City Manager pursuant to the provisions contained in Chapter 2,Article VI of the Code. Introduced,considered favorably on first reading,and ordered published this 17th dayofJuly, A.D. 2007, and to be presented for final passage on the 21st day gust, A.D. 2007. 4 Mayor ATTEST: 4ul�k.N�- City Clerk Passed and adopted on final reading on the 21st day of t, A.D. 2007. May ATTEST: City Clerk