DISCLAIMER

 

06-031-O                                                          REPLACEMENT

ORDINANCE NO. __________

 

AN ORDINANCE REGULATING THE SALE OF CITY PARK LAND AND THE USE OF PROCEEDS OF SUCH SALE; ADDING A NEW SECTION 2-179 TO THE DULUTH CITY CODE, 1959, AS AMENDED.

BY COUNCILOR STAUBER AND PRESIDENT REINERT:

The city of Duluth does ordain:

     Section 1. That Duluth City Code 1959, as amended, be amended to add a new Section 2-179 to read as follows:

Sec. 2-179.Sale of park land--use of proceeds of sale.

     (a)  The sale or transfer of any land, or interest therein, which land has been dedicated as a public park, shall only be sold or transferred in compliance with the Charter, Minnesota Laws of 1955, Chapter 82, or its successor, the Duluth City Code and any applicable state or federal grant agreements or regulations that apply to lands that have been the subject of state or federal funds. When a public easement for park purposes is abandoned, vacated, or otherwise lost to the city, the rights to the property are determined by the law of the state of Minnesota;

     (b)  Use of proceeds. Any money, proceeds or other liquidated proceeds received by the city due to the sale or transfer of any land, or interest therein, which land has been dedicated as a public park, or is owned by the city and the city council has designated it as a public park, shall be deposited by the treasurer in a permanent account established by the finance department to be known as the park proceeds account. Expenditures from the account of less than $10,000 must be approved by the director of parks and recreation or the city council. Expenditures from the account of $10,000 or more must be approved by the city council;

           (1)  Allowed uses. The funds in the park proceeds account shall only be used for the following purposes:

                 (A)  Infrastructure improvements to city park buildings and grounds; such as improvements to enhance safety, to remedy code violations, to comply with Americans with Disabilities Act or Minnesota Human Rights Act, to improve esthetics, and to maintain or improve existing structures and grounds;

                 (B)  New fixtures and equipment; such as lighting fixtures, playground equipment, sports turf or artificial turf, upgrades in park amenities to meet existing park standards;

                 (C)  Improvements, enhancements, and additions to existing facilities; such as basketball courts, area perimeter fences, tennis courts, bocce courts, skate parks, paths and walkways;

                 (D)  To acquire replacement park land;

           (2)  Prohibited uses. The funds in the park proceeds account shall not be used for the following purposes:

                 (A)  To replace or supplement funds in the city’s capital improvement fund or budget;

                 (B)  To fund staffing;

                 (C)  To fund travel or training;

                 (D)  To purchase business office products or equipment;

                 (E)  To pay utility costs;

                 (F)  To purchase programming supplies;

           (3)  Exceptions. By the affirmative vote of seven councilors, the council may approve expenditures from the park proceeds account which are not in compliance with this Section.

     Section 2. That this ordinance shall take effect 30 days after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance assures that if public park land is sold from the city inventory, the proceeds of the sale will be used to enhance park-related activities and facilities.