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HomeMy WebLinkAbout2276RESOLUTION 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 COUNCIL OF THE CITY OF BREMERTON THIS 25TH DAY OF OCTOBER, 1989. SPENCER HORNING City Council President ORDINANCE 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 Bremerton wish to ensure that all possible measures are taken to protect and ensure the permanent use of the City of Bremerton 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 Protection 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: 2. 3. 4. 5. 6. 7. 8. East Park Nature Area 9. Stephenson Canyon 10. Lions Field 11. Forest Ridge Park 12. Kiwanis Park 13. Roosevelt Field Warren Avenue Play Field Kitsap Lake Park East Park (Pool YMCA Area) Blueberry Park " NAD Upper Park NAD Marine Park Evergreen Park 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 Council 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 significant 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 matter, 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 to 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 majoriEy 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. APPROVED by the City Council on the day of first reading this , 1989. PASSED by the City Council of the City Of Bremerton day of 1989. this SPENCER HORNING, President Bremerton City Council APPROVED this day of 1989. GENE LOBE, Mayor ATTEST: Kathleen McCLUSKEY, Clerk Publl had: