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File #: 16-1750   
Type: City Code Amendments
In control: City Council A Session
On agenda: 4/7/2016
Posting Language: An Ordinance approving revisions to Chapter 37 of the Municipal Code which governs the acquisition, use of, and disposition of city real property, including the correction of clerical and formatting items; clarifying items; combining various sections; and amending definitions. [Peter Zanoni, Deputy City Manager; Mike Frisbie, Director, Transportation & Capital Improvements]
Attachments: 1. Draft Ordinance, 2. Draft Ordinance - updated 4/6/16, 3. Ordinance 2016-04-07-0240
DEPARTMENT: Transportation & Capital Improvements


DEPARTMENT HEAD: Mike Frisbie, P.E.


COUNCIL DISTRICTS IMPACTED: City Wide


SUBJECT:

Proposed Revisions to Chapter 37 of the Municipal Code

SUMMARY:

An ordinance approving revisions to Chapter 37 of the Municipal Code which governs the acquisition, use of, and disposition of city owned real property and will become effective upon approval of this ordinance.

BACKGROUND INFORMATION:

On January 11, 2007, City Council adopted Municipal Code Chapter 37 which focuses on the acquisition, use and disposition of city real property interests. Through its adoption, Chapter 37 allows the city to create a comprehensive approach to policy, process and compliance with state provisions. Chapter 37 has been amended twice since it was enacted, the last of which was in 2009.

Major Sections of Chapter 37:
* Acquisition of interests in Real Estate
* Disposition of interests in Real Estate
* Licenses and leases of City property
* Fiber Optic Licenses, wireless communication towers and equipment on city-owned property, and use of traffic poles for communication equipment
* Closure, vacation and abandonment of public streets, alleys and drainage easements
* Permits for encroachment onto public streets, alleys and sidewalks
* Joint Use Agreements / granting and releasing of easements
* Notice of non-acceptance of property
* Rights of Entry

The Department of Transportation & Capital Improvements has been coordinating with the City Attorney's Office and several other City departments to streamline existing process for the acquisition, disposition and use of real City property. TCI has performed a process review and is recommending process efficiencies and updates to Chapter 37.


Summary of Proposed Revisions:
Clarification of Wording:
* Revise outdated language referencing CIMS Department
* Remove detailed step-by-step procedures in favor of "policy" type language, leaving proced...

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