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HomeMy WebLinkAbout006 - 05/16/1930 - RELATING TO SIDEWALKS, CURBS, AND GUTTERS, AND REPEALING ORDINANCE NO. 010, 1914, ORDINANCE NO 011, GRDIIIANCE 110. 6 . 1930, BEING A11 MERGENCY CRDINAIICE RELATII+U—=SIDE-WALKS, CURBS AND CUTTERS, AND REPEALING OgDIIIA:TCE NO. 10, 1914, OZDINANCE NO. 11, 1916, ORDINANCE 110. 30, 1925, ORDI11A[,3 110. 36, 1925, AND ALL A ss1DD'si1TS T17_1qETO. ----------------- BE IT ORDAINED BY TIC CITY COUNCIL OF THE CITY OF FORT COLLINS: Section 1. Sidewalks, curbs and gutters may be con— structed by the own:rs of property abutting upon the same and at their expense within the corporate limits of the City of Fort Collins, when streets are laid out , open and improved and in common use by foot travelers, and shall be constructed of the character, location, grade, material and in the manner in this ordinance provided. Section 2. The City Council shall establish grades for sidewalks, curbs and gutters from time to time as the necessity requires and these rades , together with plans and profiles , shall be kept on file in the office of the City Engineer, Section 3. Before constructing any sidewalks, curbs or gutters, the owner of the property adjacent thereto shall make application to the City Clerk for a permit upon forms furnished by said City Clerk, and the sidewalks, curbs or gutters shall be constructed in conformity with the grades established by the City Council. Section 4. , It shall be the duty of the Cite Engineer to have c}arge of all sidewalks, curbs, gutters and driveways within the limits of the City of Fort Collins and see that the same are properly constructed and kept in repair, and in case any thereof shall become unsafe or out of repair to order the same to be repaired at the expense of the property owner as herein ^rcvided. When a permit shall be issued to any person or pe -sons to construct any sidewalk, curb, ,utter, or driveway, it shall be the duty of the City Engin_-er to supervise the construction there&f, and require the same to be constructed pursuant to the provisions of this —1— ordinance and all ordinances of the City of Fort Collins in relation thereto, and the specifications of the City Engineer heretofore adopted by the City Council; and the City Engineer is hereby charged with the duty of requiring an inspector to see that all sidewalks, curbs, gutters and driveways are constructed as required by this ordinance, and to this end shall select and designate a suitable person to act as inspector, and no such work shall be accepted by the City Engineer unless the same has been ins?ected as herein provided. Section 5. Upon issuing a permit for sidewalks, curbs or gutters, the City Clerk shall deliver to the City Engineer a copy of the same , said copy to contain an accurate description of the property where the construction is to be done , the portion of the property which the said construction is to effect, the kind of material to be used in the construction, slid other data necessary for that particular work. The City Engineer shall then set the stakes required for a proper alignment and grade . The copy of the permit received from the City Clerk shall become a part of the f records of the City Engineer's office and filed together with the field notes used in the survey, the data the survey was made , the name of the construction contractor, and other iiZfor-cation con- cerning that particr_Iar work. Eihere proceedings are had to lay si'-I--L:.1.":s , ., 1 Lls or ,-utters under any State of Colorado, and where the entire work in a district is let by the City as one contract, it shall not be necessary for tine property owners to procure a permit . Before a permit shall be issued the applicant shall lay to the City Clerk the sum of One ($1.00) Dollar for each fifty (50) feet or fraction theraof of a sidewalk, curb or gutter , as the case may be, and in case he desires grades for two of said improvements he shall .gay an additional sum in. the amount of ona-half of the charge for locating one such improvement, and if he desires grades for all -2- i three improvements the charge shall be dcuble the amount for one , provided all are located at the same time , upon the payment of which the City Clerk shall issue a receipt. The City Engineer will in no case be expected to define or establish exact lot lines when proceec.in,3 under such permits. Section 6. That portion of the Cite of Fort Collins to be known as the Business District shall be that, district within said City designated in the Zoning Ordinance as "E" Commercial and "F", Industrial. The distance of the outside line of the curbing from the property line shall be as follows : College Avenue within the business district sixteen (16) feet , Mountain avenue within the business district sixteen ( 16) feet , Pine Street, Linden Street, Chestnut Street, 'Walnut Street , Jefferson Street, Willow Street , and Oak Street within the business district twelve (12) feet , Remington Street , Mathews Street and Laporte Avenue within the business district sixteen (16) feet ; College Avenue from Oak Street on the north to Elizabeth Street on the south twenty-five (25) feet ; Colle#e Avenue from Elizabeth Street on the north to Pitkin Street on the south twelve (12) feet ; Mountain Avenue from Mason Street on the east to the city limits on the west twenty-five (25) feet ; Oak Street outside of the business district, and all other one hundred (100) foot streets except ;:Mason Street outside of the business district, twenty (20 ) feet; Mason Street sixteen (16 ) feet; all ninety (90) foot streets eighteen (18) feet; all eighty (80) foot streets sixteen (16) feet ; all seventy (70) foot streets fourteen (14) feet ; all sixty (60) foot streets twelve (12) feet ; all fifty (50 ) foot streets ten (10) feet ; all forte (40) foot streets seven (71 feet . All sidewalks within the City limits shall be of the following; widths : sidewalks on College Avenue and Mountain Avenue shall be six ( 6) fe ;t wide ; all sidewalks on one hundred (100) foot streets shall be five (5) feet wide ; all sidewalks -3- ti r l } r on remaining streets shall be four (4) feat wide , provided that all sidewalks adjoining stores, shops, hotels or other business property shall extend from lot line to the curb line in front of said premises, and provided further, that in locations where in the opinion of the City Council, because of the near proximity of full width sidewalks in front of business property, full width sidewalks are required, they may order sidewalks in front of residence or vacant property to be laid from the lot line to the curb line. All sidewalks within the City limits shall be constructed of either Portland cement conerete or stone , except that within the business district of the City of fort Collins all sidewalks shall be of Portland cement concrete only, and all curbs and gutters within the City limits shall be constructed of Portland cement concrete , and such curbs and gutters shall be constructed and installed jointly in one construction. The inside edge of the sidewalks on 100 and 90 foot streets, except .?ason Street , shall be four (4) feet from the property line . The inside edge of the sidewalks on Mason Street shall be two (2) feat from the property line ; the inside edge of the sidewalk on ColleSe Avenue shall be three (3) feet from the property line ; the inside edge of the sidewalk on Tountain Avenue shall be four (4) feet from the property line; the inside edge of jhe sidewalks on all 80 and 70 foot streets shall be three (3) feet from the property line ; the inside edge of sidewalks on all 60 and 50 foot streets shall be two (2) feet from the property line ; the inside edge of the sidewalks on 40 foot streets shall be one (1 ) foot from the property line. All sidewalks shall be laid with a slope of one-fourth of an inch to the foot toward the curbing, All curbing shall be set with a slope of two (2) inches to the foot. All gutters shall be set with a slope of one. and one-half (1j) inches to the foot toward the curb. Should it be found impracticable to have the foregoing regulations apply to certain streets within the City, then the City Council may by resolution adopt other alignments . -4- Section 7. The specifications and construction and material for all sidewalks, curbs and gutters shall be in conformity with the specifications heretofore or hereafter adopted by resolutions duly passed by the City Council, and copies thereof are now or may be on file in the office of the City Zngineer , Section 8. Whenever the owners of a majority of the frontage of the lots or lands abutting upon streets and alleys con- stituting a designated area known as a district shall petition the City Council to require sidewalks, curbs or gutters, or any one or more of them, to be constructed as a local improvement, under the Provisions of Chapter 180 of the Session Laws of the State of Colorado of 1923, or any amendments thereof, which is commonly known as the "District System, " it shall be the duty of the City Council to institute such proceedings in relation thereto as is provided by law, said i provements to be made as near as may be according to the provisions of this ordinance . Section 9 . Whenever the City Council shall deem it necessary that any portion of a sidewalk, or curb or gutter be i constructed or repaired or reconstructed because not conformable to the provisions of this ordinance , it may upon its oim motion order that said sidewalks, curbs or ?utters, or portion thereof, be con- structed or repaired or reconstructed, as the case may be; said order may be by resolution or ordinanc3 duly passed in relation th-rato, which shah describe the place where said sidewalks, curbs or gutters ire to be constructed , repaired cr reconstructed, and if the same is not done by the property owner or ownrs within thirty (30 ) days from the date of service of said resolution or the publication of said ordinance, that the City will construct, repair or reconstruct the same or cause said work to be done, and charge the cost thereof against the abutting property owner or owners, and certify and collect the same as provided by law. It being understood that the foregoing Section 9 does not apply to sidewalks which have been constructed a:::d exist outside the -15- f fire limits of the City of Fort Collins , and he.reafte , when the City Council of the City of Fort Collins sl_all order any such sidewalks chanced as to ra' e i2�., alignment, ,;rode or w'Ldth, t'.?a sarme shall in all respects be done in conformity with t )� amendrient adopted March 2 , 1926 to Article :ivII of the Ch artDr of t'-:e City of Fort Collins . Section 10. 'whenever the City Ccu;ici1 shall order any sidewalks , curbs or gutters to be constructed , repaired or recon- structed, as provided in Section 9 of this ordinance , notice thereof shall be served upon the property owner by the City Clerk mailing a copy of said resolution to each of the owners of property adjacent to which the sidewalk is ordered to be constructed, repaired or reconstructed, at the last hz owrn )ostoffice address of said owner or owners, and the City Clerk shall file a certificate of said mailing, ;riving day and date thereof, in his office and a duplicate thereof in the office of the City Engineer, and when so filed shall be accepted and determined as service of said notice in accordance with the requirements of this ordinance . Section 11. When any sidewalks, curbs or gutters shall have been constructed , repaired or reconstructed by the City and accepted by the City Engineer as herein provided, the City Engineer as soon thereafter as may be, shall prepare a statement in detail certified to by him as correct, which statement shall contain a description of the lots or lands to be assessed for the construction of sidewalks so constructed, repaired or r constructed, together with a description of the character and kind of work done , tle name of the owners of the lots or lands to be assessed, if lnown, and if unknown, so stating, the fact ; also the number of square fret or amount of work for which the ov.mers of the lots and lands are to be assessed, with the rate of cost and the amount thereof, and assessing the cost thereof in accordance with abutting sidewalk frontage of the respective property. in .front of or al.out which the work has been done which said statement shall include all engineering and -6- inspection expense, and shall be filed with tPB City Clerk, addressed to the City Commissioners sitting in Council. Section 12. Any pdrson or )ersons who shall violate any of the provisions of this ordinance, or who shall change , disturb or alter any grade stakes or pins set by the City Engineer either upon any special work done by said engineer or the regular pins or monuments set by said engineer in establishing grades as in this ordinance provided, or any ordinances of said city, shall, upon conviction thereof, be fined in a sum not less than Five (�5.00) Dollars nor more than One Hundred (�100.00) Dollars. Section 13. Ordinance No. 10, 1914, Ordinance No. 11, 1916 , Ordinance No. 30, 1925, Ordinance No. 36, 1928, and all amendments thereto, and all ordinances or parts of ordinances in conflict herewith, are hereby repealed. Section 14. 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, ender 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 May A. D. 1930. omm ssioner of safety and. Ex=01fiio ffayor ATTEST: City Clerk. -7- STATE OF COLORADO ) SS. COUNTY OF IARI1�?i ) I. A. J. ROSENOW, City Cle.-k of the City of Fort Collins , do hereby certify and declare that the foregoing ordinance consisting of fourteen (14) sections was duly proposed and read at length a-�a rem' Ir meeting of the City Council held on the 16th dsy of Mau , A. D. 1930, and was duly adopted and ordered published in the Fort Collins Express-Courier , a daily newspaper and the official newspaper of tlLa City of Fort Collins, by the unanimous vote of all members of the Council, as an emergency i ordinance , in accordance with the provisions of Sectiors 6 and 7 of Article I9 of the City Charter; and thereafter and on to-wit ; the 20th day of may , A. D. 1930, said Ordinance No. 6 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins , Colorado. IN 11TRESS WIM3EOF, I have hereunto set my hand and affixed the seal of said City, this 20th day of May A.D.lSZO. City _er . f -8-