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:
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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