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Chapter 12 Public Facilities and Works

Article 1 Recreation Areas

Section 12-101 Parks and Recreational Areas and Facilities.

The Council may establish parks, playgrounds, recreation areas and facilities of all kinds. For that purpose the Council may acquire by purchase, condemnation, gift, grant, donation, exchange or otherwise, real and personal property and any interest therein; may rent or lease property of any kind for public use; and may construct, reconstruct, remodel, alter, repair, maintain, improve and equip areas and facilities which the Council finds necessary, appropriate or desirable, either inside or outside the City. The Council may exchange any property for other property which it deems more suitable or convenient for park and recreation use, and may dispose of the property not needed for those purposes. The Council may establish exhibits and conduct programs for the education or the furtherance of public enjoyment and recreation, and may change, alter or discontinue them. The Council may construct, reconstruct, alter, remodel, furnish and equip improvements found necessary or appropriate for the convenience of the public using park and recreation facilities, or of persons or employees conducting or assisting park or recreational programs or maintaining parks, areas, facilities, or improvements. The Council may contract with any public or private person in any matter relating to services or programs. The Council may do all things it finds necessary or convenient to promote recreational facilities and aesthetic enjoyment of the people, and the beautification of City property. [May 19, 1950, new sec. 9-605; rev. Nov. 8, 1966.]

Section 12-102 Regulations and Restrictions.

The Council or the Commissioner to whom authority has been delegated may make regulations and impose restrictions on public use of parks, recreational areas and facilities as found needed and appropriate, may exclude some or all kinds of vehicles from all or particular areas of any park or facilities, may limit to a particular class or classes of persons those permitted to use any particular area or facility if the limitation is not based on race, color, creed or national origin, and may restrict the kinds and times of public use. [New sec. Nov. 8, 1966.]

Section 12-103 Fees and Charges.

The Council may fix fees it finds reasonable for specialized facilities, special services, conveniences, materials or supplies used in a program and for special programs of all kinds. After their establishment, payment of the fees shall be a condition prerequisite to use or participation. Establishment and collection of fees does not change the public character of any area, facility or program. [New sec. Nov. 8, 1966.]

Article 2 Financing of Revenue Producing Facilities

Section 12-201 Revenue Bonds.

For financing the acquisition of any public utility operating or to be operated within City jurisdiction, or of utility plant or property used or useful in connection with operation within the City, or for the construction, establishment or betterment of a facility inside or outside the City owned or to be owned by the City, and producing or intended to produce revenue, the City may issue and sell interest bearing revenue bonds. Revenue bonds shall not be a general liability of the City and shall be paid solely from the revenues derived from the facility and other pledged facilities or from the rental, lease or sale thereof. The Council may secure these bonds by mortgage or similar encumbrance upon the plant and property, may pledge the revenues thereof and revenues from similar facilities, and may agree in the bond that the rates and charges shall be fixed at specific, general or minimum amounts. Issuance of the bonds shall be pursuant to ordinance which shall be subject to referendum. The bonds shall be issued and sold the same as other bonds of the City. The proceeds derived from the sale of the bonds may be used for the costs of advertising, bond issuance and sale, legal fees and costs, planning, engineering, inspection, administrative costs, the acquisition by any lawful means of plant and property, real or personal, and interests in land and structures, construction, reconstruction, remodeling, equipment betterment, additions to and supply of the particular facility, and related matters. [New sec. Nov. 8, 1966.]

Article 3 Performance of Public Works

Section 12-301 Contract or Direct Labor on Public Work.

Subject to other requirements of this Charter, the Council may enter into contracts it finds in the public interest, for the design, construction, reconstruction, alteration, remodeling, repair or maintenance of any public work, improvement, facility or structure, including any local improvement, or may at its option directly employ labor for this purpose or any portion thereof or function connected therewith. The Council may by practice or regulation classify various improvements and functions, some of which may be performed under contract and others of which may be performed by direct labor. [New sec. Nov. 8, 1966.]

Section 12-302 Production of Materials.

The Council may provide for the manufacture, compounding, mixture or production of any products, materials or supplies for use in public works, improvements or facilities, including local improvements, whether used by the City directly or by its contractor or contractors, but no such product, materials or supplies shall be sold to private persons for use in private enterprises in competition with private businesses. [New sec. Nov. 8, 1966.]