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Chapter 12 Public Facilities and Works

Article 1 Recreational and Natural Areas

[Article amended November 5, 2024, effective December 18, 2024]

Section 12-101 General Authority.

[May 19, 1950, new sec. 9-605; rev. Nov. 8, 1966; amended November 5, 2024, effective December 18, 2024; amended November 8, 2022, effective January 1, 2025.]

  1. The City may establish parks, playgrounds, forests, wetlands and human-built or natural facilities of all kinds, either inside or outside the City (“recreational and natural areas”). For that purpose the City may acquire by purchase, condemnation, gift, grant, donation, exchange or otherwise, real and personal property and any interest therein, and may rent or lease property of any kind for public use. The City may exchange any property for other property which it deems more suitable or convenient for the use or protection of recreational and natural areas, and the City may dispose of property not needed for those purposes. The City may construct, reconstruct, remodel, alter, repair, preserve, restore, maintain, improve and equip recreational and natural areas.
  2. The City may establish, alter or discontinue programs, services and exhibits for the education or enjoyment of the public or for the protection of recreational and natural areas. The Mayor may contract with any public or private person in any matter relating to programs, services or exhibits. The City may do all things the City finds necessary or convenient to promote recreational and natural areas. 

Section 12-102 Regulations and Restrictions.

[New sec. Nov. 8, 1966; amended November 5, 2024, effective December 18, 2024; amended November 8, 2022, effective January 1, 2025.]

  1. The Mayor 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 a protected class under local ordinance, or state or federal law, and may restrict the kinds and times of public use. 

Section 12-103 Fees and Charges.

[New sec. Nov. 8, 1966.]

  1. 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. 

Article 2 Financing of Revenue Producing Facilities

Section 12-201 Revenue Bonds.

[New sec. Nov. 8, 1966.]

  1. 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. 

Article 3 Performance of Public Works

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

[New sec. Nov. 8, 1966; amended November 8, 2022, effective January 1, 2025.]

  1. Subject to other requirements of this Charter, the Mayor may enter into contracts the Mayor 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 the Mayor's option directly employ labor for this purpose or any portion thereof or function connected therewith. The Mayor 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. 

Section 12-302 Production of Materials.

[New sec. Nov. 8, 1966; amended November 8, 2022, effective January 1, 2025.]

  1. The Mayor 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. 

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