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HomeMy WebLinkAbout007 - 05/16/1930 - RELATING TO THE PLANTING OF TREES IN THE PARKING ON THE STREETS, AND RELATING TO THE REMOVAL OF TREE ORDIIIAO'CE ITO. ism,BEIiv'G AN �RGR.NCY ORDIIIAN RM. .Tl TU ` 6 THE _PLJiDTIaG OF TRZZS IN 7HE PARIUNG ON THE STRLFTS, 1,ED 3ELATING TO TH Ri;2110VAL OF TREES FROI' Ti.'E PARKIIIG ON STR& TS OR ALISYS a1JD PUBLIC GROUNDS �dITHIIT THE C CRPORATE L111ITS OF T'_" CITY OF RMT COLLIT US, COLO J''' .0D ::EPEALING ORDIIIAlv'CE NO. 10, 1914, AND ORDLIANCE NO. 13, 1917. §' ------------- BE 1T ORDAINLM BY THE CITY COUNCIL OF TIT,y, CITY OF FORT COL:IITS: Section 1. All trees set in the parking between the property line and the curb shall be set a,2proximately mid-way between the face of the curb line and the outside sidewalk line . In case any property owner shall desire to plant trees in the parking adjacent to his property, he shall apply for a permit therefor to the Commissioner of Public Works and it shall be the business of the Commissioner of Public Works to see that the said trees are planted on the lira s hereinabove designated. Section 2 . It shall be unlawful for any person, company or corporation to remove any tree or trees growing on the narking along and upon ark street , avenue, or in any alley or on public grounds within the corporate limits of the City of Fort Collins , without first having procured a permit therefor from the _- Commissioner of Public Works as hereinafter provided; and provided, further, that the right is herehy reserved in the City Council to order the r :moval from any parking, alley or public grounds in said City- of any tree or trees when in its judment the public health, safety and ..,elfare of the City require it. Section 3. Any person, ccnpany or corporation desiring to remove any tree or trees from the parking along or u-)on any street, or upon any alley or public gi?cund adjacent to a lot or lots owned by the applicant, within the corporate limits of the City of Fort Collins , shall first make application therefor in writing to the Commissioner of Public Works , describing therein the location of t're tree or trees scr.. ht to be r moved , a description of the lot or j lots owned by the applicant, with the block number , adjacent to which said trees are locate(' , the kind cf tree cr trees to be removed, and t'''-e _ asc:: fOP, lrhich said wpplicat`.cn shall be duly sided by cf t'.e lot or lots, or his or its daly authorized agent. If said application shall be approved by the Commissioner of Public works a perrlit shall be issued by him to the applicant upon a printed form prescribed for said purpose, upon the express condition that the applicant will save the City of Fort Col'_ins harmless on account of a;�,y da^ae,es that may be caused or result to said C'ity or any person, a_risin out of any nemligenca in the removal of such tree or trees , and that the applicant will cause the stump and roots to be r=moved and restore the parking, alley or public -round in a finished workmanlike manner; and upon the further condition that the right is reserved to the City of Fort Collins to set or cause to be set in such ,parking, alley or public ground, trees , to be designated as to kind, and flirnis'ned by it in place of said trees so removed, and in compliance with the terms and provisions cf this ordinance . j Section 4. If such a?plication should be disapproved and refused by the Commissioner of Works , the applicant shall have the riGht of appeal to the City Council, and the City Council shall hear ann cAermine all matters in convection with said application after due notice to all _parties concerned, and its determination shall be final and bindinZ respecting said application. Section 5. Any person, company or corporation who shall violate any of the -provisions of this ordinance shall, upon conviction thereof, be fined in any sum not less than Five ( 5.00) Dollars nor more than Fifty ('50.00) Dollars, and costs of proceeding. Section 6. Ordinance No . 10, 1914, Ordinance No. 13, 1917, and all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed, but anyc ause or causes of action which may have accrued in f avor of the Ci%7 of -ort Collins prior to the taking effect of this ordinam e shall be prosecuted to the same effect as if no repeal had been made . Section 7. In the opinion of the City Council an emergency exists for the preservation of the public health, peace and safety, and this ordinance shall take effect upon its passage and publication, under and by virtue of the authority contained in Sections 6 and 7 of Article IV of the City Charter. Introduced, read at length and adopted by the unanimous vote of all members of the City Council at a regular meeting held this 16th day of Mav , A. D. 1930. 5mm ssion�s$e�:—Ofi'icio Tayor ATTEST, i y er _. -3- STa'E OF COLO:tnDO ) SS. COUNTY OF IA.l= ) I, A. J. ROS NO-W, r7ity Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance consisting of seven (7 ) sections was duly proposed and read at length at a regular meeting of the City Ccuncil held on tYe 16th day of Max , A. D. 1930, and was duly adpted and ordered published in the Fort Collins Express-Courier, a daily newspaper and the official newspaper of the City of Fort Collins, by the unanimous vote of all members of the Council, as an emergency ordinance , in accordance with the provisions of Sections 6 and 7 of article IV of the City Charter; and thereafter and on to-wit ; the 20th day of May A. D. 1930, said Ordinance Ito . 7 was duly published in the Fort Collins Express-Courier, ' a daily newspaper published in the City of Fort Collins, Colorado . IN WIT.TLSS 'kj'HE EGF, I have hereunto set my hand and affixed the seal of said City this 20th day of May , A. D. 1930. City Clerk. i —4-