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Home My WebLink About4283 OR. DTNANCE NO. ~'~ ~ PARKS PROTECTION ORDINANCE OF THE CITY OF BREMERTON WHEREAS, the City of Bremerton owns certain legal properties which have been utilized by the City of Bremerton and its citizens for parks, play fields, open spaces and recreational activities; and WHEREAS, the availability of such parks, play fields, open spaces and recreational facilities enhances the quality of life and economic viability for all the citizens of Bremerton; and WHEREAS, the citizens of the City of B~emerton wis~ to ensure that all possibl~ measures are taken to protect and ensure the permanent use of the City of Bremer~on parks, play fields, open spaces and recreational facilities for their intended uses; NOW THEREFORE the City of Bremerton does ordain as follows: 1. This ordinance shall be known as "The Ordinance Providing Protectio~ For Bremerton's Parks, Play Fields, Open Spaces and Recreational Facilities" 2. The following commonly known parks of the City of Bremerton shall fall under the provisions of this Ordinance: 1. Warren Avenue Play Field 2. Kitsap Lake Park 3. East Park (Pool YMCA Area) 4. Blueberry Park - 5. NAD Upper Park 6. NAD Marine Park 7. Evergreen Park 8. East Park Nature Area 9. Stephenson Canyon 10. Lions Field ll. Forest Ridge Park 12. Kiwanis Park 13. Roosevelt Field 14. Sheridan Lower Area and Lent Lane Sheridan Community Center 15. Smith Play Field 16. Manette Play Field and Senior Center 17. SR 3 Park 2.1 The City Council may, by a simple majority of those present, add any parks lands to the list above. Any additions made by the Counc±l would fall under the full provisions of this ordinance. 3. The following procedures shall apply to the sale, possible sale, lease or significant change in use of any or a part of any of the above mentioned park lands. A significan~ change in use shall mean any activity which does not compliment or support a recreational activity. 3.1 The Parks Board of the City of Bremerton shall be consulted and provided all details concerning any proposed sale, lease or significant change in use. The Parks Board shall prepare an advisory report, and submit it-to the City Council and Mayor. 3.2 The City Council shall hold a minimum of two public hearings concerning the mat~er, in addition to other statutory hearings. 3.3 In case of a proposed sale, the City Council at a minimum shall evaluate the Parks Board advisory report and must develop findings and conclusions ~o support declaring the park"s asset in question surplus, prior to concluding any sale. A surplusing declaration means that the park's asset is no longer suitable for use as a park, play field, open space or recreational activity by the Bremerton community. 3.4 In the case of significant change in use or lease, the City Council at a minimum shall evaluate the Parks Board advisory report and must develop findings of fact concluding the significant change in use, or lease to be in the best interest of the Bremerton community. 3.5 A unanimous vote of the full Council membership is necessary to sell any of the park assets described above or to significantly change their use. 3.6 In the absence of a unanimous vote to sell, or as an alternative to meeting the criteria of Section 3.3 or 3.4, the Council may, by a simple majority of those present, refer the matter to the voters at the next scheduled election, or by calling a special election pursuant to law. 4. The City of Bremerton shall take such action as may be necessary, including legal action if required, to restore the City of Bremerton full title and ownership of the City of Bremerton park, play field, open space or recreation facilities named herein which have been sold, transferred or conveyed within one year prior to the effective date of this Ordinance. 5. In the event that any portion of this Ordinance should be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the validity of this Ordinance as a whole or part thereof other than the part so declared to be invalid. 6. This ordinance shall become effective upon passage and certification of the ballot results by the County Canvasing Board. by the City Council on the first reading this day of , 1989. PASSED by ty Council o~ the City Of Bremerton this day of 1989. SPENCER HORNING, President City Council APPROVED this day of , 1989. GENE LOBE, Mayor ATTEST: Kathleen McCLUSKEY, Clerk Publi bed: RESOLUTION NO. 2276 WHEREAS, the "Friends OF Bremerton Parks And Open Spaces" Committee have initiated a petition to establish stringent procedures for surplusing or changing the use of parks assets; WHEREAS, the Committee has requested the Bremerton City Council to embrace the subject policies; WHEREAS, the City Council recognizes the unique value of parks assets in the Bremerton community, and acknowledges that special protection for these assets are necessary; WHEREAS, the availability of quality parks, play fields, open spaces and recreational facilities enhances the quality of life and economic viability of all of the citizens of Bremerton, and the Bremerton business community; WHEREAS, the City council considers that the citizens of Bremerton should have an opportunity to consider adopting the policies by Ordinance; BE IT RESOLVED by the BREMERTON CITY COUNCIL that the City Clerk coordinate with the County Auditor to place on the February 6, 1990 Ballot for adoption by the Bremerton citizens the Ordinance attached hereto as Exhibit A and incorporated herein by reference. The Ballot language should read as follows: "Should the citizens of Bremerton adopt the Parks Protection Ordinance of the City of Bremerton, establishing rigorous, standardized procedures for surplusing or changing the use of 19 of Bremerton's major parks assets?" Subject to the final approval of the City Attorney as required by Article XIII of the Bremerton City Charter. PASSED BY THE CITY COUN~I~ OF ~ CITY OF BREMERTON ~C~ H0~g~G ~nt ~tY Coundfl"P7 Cra'AL COL¥,NCOUNC'L C i t3r O3° B r ¢ m c r t o ~% ~ DtXtrict t 239 FOURTH STREET MORRIE DAWKINS BREMERTON, WASHINGTON 98310 District 2 (206) 478 - 5252 HANK WAIBEL District 3 December 12, 1989 LON OVERSON District 4 SHIRLEY MARTY CRUTCHER MAYOR GENE LOBE District 3 LYNN HORTON District 6 C.R. "TINY" COLLINS District 7 SPENCER HORNING District 8 RUSS JOHNSON District 9 Ms. Karen Flynn Kitsap County Auditor County Courthouse 614 Division Street Port Orchard, WA 98366 Dear Karen: Attached is the ballot language for the February election as approved by the City Attorney. Please return one copy of the Attorney's memorandum indicating the date it was received by your department. Sincerely, Kathleen L. Mceluskey Director of Administrative Services KLM:eh enclosures Gatc,'ay to thc Olyml, ic.q and Home o.f the Puget Sound Nava/ Shipyard ¢merton City Attorney ~ R. Sieve~, ~ly Attorney ~239 Fourth Slreel Assistanl ~ty Allomeys: remenon, W^ 98310 ~ura J. Anderson (206) 478-5~5 ~ila Mills ~an ~9-5~5 J. Kelley Rineha~ DATE: December 7, 1989 TO: Kathy McCluskey, Director of Administrative~s FROM: Ian R. Sievers, Bremerton City Attorne~ RE: Parks ordinance referendum I've approved the ballot title below for the parks ordinance proposed by the Council for approval at the February election by resolution ~2276. Please make the necessary arrangements with the county auditor for placement on the ballot. Referendum ~ Shall an ordinance be adopted in the City of Bremerton, by this ballot measure, which requires approval by all members of the City Council, or an election, for the sale, lease, or change to non-recreational use of all or any portion of 17 city park lands. An Equol Opponltnity Employer