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HomeMy WebLinkAbout1994-12-12 95-32 ORDINANCECOUNCIL ACTION Item No. 95-32 Date December 12 1994 Item/Subject: Amending Chapter VI, Article 10 of the Laws and Ordinances of the City of Bangor -- Trees, Lamp Posts, Posts, Hydrants, Etc. Responsible Department: Legal Commentary This amendment will expand the current list of objects defined by the City's street ordinance as being "legally located" in the public streets. Under 23 'MRSA g 3651(1), a municipality is protected from any liability for claims arising out of the location of legal objects within public rights -o£ -way. The intention of this amendment is to protect the City from liability claims which may arise out of the placement of certain types of traffic control devices, such as pedestrian crossing barrels, in the public streets under Council authorisation. Currently, under the local highway law, 23 MRSA S 3651 et sen., the City is potentially liable for claims of up to $6,000 per occurrence for personal injury or property damage, or up to $25,,000 per occurrence for a death, resulting from accidents caused by the location of such objects in City streets. Department H sad Manager's Commenta: Yw . a Fr✓� 7 rUolf% mv4rFHn 3�1 !AK71-i - K) City Associated information: Copy of 23 MRSA S 3651) 34 Finance Director Introduced For Passage x First ReadiNn�g�_����^�� �j� % Referral}e„` Page _ of 95-32 AS AMENDED Auipmdtoe flor Tyler December 12, 1994 CITY OF BANGOR Amending Chapter VI, Article 10, Laws and (THLEJ MrWn=Cg, ................ .._.._ _...__............_..... Ordinances of the City of Bangor (Trees, Lamp Posts, Posts, Hydrants, Etc.) Bo it ordained by de MY Comomil of toe City of Bangor, afH - THAT Chapter VI, Article 10, Section 1 and Subsection 1.1 of the Laws and Ordinances of the City of Bangor (Trees, Lamp Posts, Posts, Hydrants, Etc.) is hereby amended to read as follows: "Sec. 1 Trees, Posts, Etc. Legally Located. All trees lamp posts, public utility posts, vehicle and Pedestrian traffic -s . traffic sianals and control devices fire alarm poles, sidewalk pumps and hydrants, now legally placed and being within the limits of the streets of the city are hereby declared to be, and shall be taken to be, legally established and located. 1.1 Council Approval. Any tree, lamp post, public utility post, vehicle or pedestrian traffic sign, traffic signal or control device, fire alarm pole, sidewalk pump or hydrant, o any post for the protection of the -a shall be taken to be legally established within the limits of any street of the - city, when it has been located therein by order, or by approval, of the City Council." 95-32 Aslgoedto CouneHor Tyler December 12,1996 CITY OF BANGOR Amending Chapter VI, Article 10, Laws an_tl ... mt�.) �xDnrttnce _ . . Ordinances of the City of Bangor (Trees, Lamp Posts, Posts, Hydrants, Etc.) Be u erdaind by Hu Cny coast of Us City ofBargor, w fonome: THAT Chapter Vi, Article 10, Section 1 and Subsection 1.1 of the Laws and Ordinances of the City of Bangor (Trees, Lamp Posta, Posta, Hydrants, Etc.) is hereby amended to read as follows: "Sec. 1 Trees, Posta, Etc. Legally Located. All trees lamp posts, vehicle and pedestrian traffic signs, traffic signalsand control devices, fire alarm poles,sidewalk pumps and hydrants, now legally placed and being within the limits of the streets of the city are hereby declared to be, and shall be taken to be, legally established and located. 1.1 Council Approval. My tree, lamp post, public utility post, vehicle or Pedestrian traffic sign, traffic manual or control device, fire alarm pole, sidewalk pump or hydrant, or any post for the protection of the same, shall be taken to be legally establishe within the limits of any street of the city, when it has been located therein by order, or by approval, of the City Council.^ 95-32 IN CITY COUNCIL ORDINANCE Dacembet 12, 1994 First Reading ( TITLE,) Amending. Cheater VI, Article 10. Referred to Municipal Op tions Conrad a Lava and Ordinances of the City of Bangor (Trees, Lamp Poets, Posts, Hydrants, Etc.) . ..�. CITY CPLUM A yn db In City Council December Pg, 1994 Amended by owing Vote and Passed� voting the yes Baing Vote I yes l Absen� 1/7✓1 Dam voting yes Baldacucy Blanchette, (/sued Cohen, Popper, Soucy, Sullivan ' Tyler. Absent Frankel C ry cLa