The general purposes of this article are as follows:
A. To establish a trails, open space and parks program to acquire real property in the City and El Paso County by various types of transactions when determined by the City Council, acting pursuant to authority set forth in this article, to be necessary to preserve the area.
B. To acquire water rights and water storage rights for use in preserving fragile ecosystems, natural areas, scenic vistas and areas, fish and wildlife habitats and corridors, or important areas that support biodiversity, natural resources and landmarks, and cultural, historical and archeological areas.
C. To acquire mineral and fuel resource rights in order to protect the visual, geological and biological surface features of open space lands and trails.
D. To acquire rights of way and easements for access to open space lands and for trails and to build and improve the accessways and trails.
E. To acquire options related to these acquisitions.
F. Conservation of new open space lands shall be related to resource management including, but not limited to, water improvements (irrigation, domestic use and recreational use), preservation enhancements (fences, wetlands and wildlife habitat improvements), and passive recreational uses, such as trail, trailhead parking and other access improvements, and restrooms.
G. To manage, patrol, improve and maintain all new open space lands and trails acquired with revenues generated by a sales and use tax approved by the electorate pursuant to this article, in accord with the purposes set forth in this article.
H. To improve new park lands acquired with revenues generated by a sales and use tax approved by the electorate pursuant to this article, in accord with this article.
I. To permit the use of the funds generated by the approved sales and use tax for the joint acquisition of new open space lands between the City and the County of El Paso and neighboring counties, recreational districts or with other governmental entities or land trusts, or with private individuals, corporations or entities, as would benefit the citizens of the City.
J. To permit the use of the funds generated by the approved sales and use tax for repaying bonds issued for trails, open space and park capital purchases.
K. Open space lands, for the purposes of this article, are generally described as those lands that are, or which may be in the future, in the public interest to protect and preserve, and which fulfill one or more of the functions described in this article. The interest acquired may include fee simple ownership, leases, easements, including conservation easements, or development rights. All open space land purchases in fee simple shall require the payment of fair market value as just compensation. The City shall be authorized, but shall not be obligated, to accept lands donated as trails, open space or park lands which are consistent with the functions or which fulfill the purposes described herein.
L. Open space lands shall serve one or more of the following functions:
1. Linkages and trails, access to public lakes, streams, and other suitable open space lands, stream corridors and scenic corridors along existing highways;
2. Preservation of fragile ecosystems, natural areas, scenic vistas and areas, fish and wildlife habitats and corridors, or important areas that support biodiversity, natural resources, significant land formations and landmarks, and cultural, historical and archeological areas;
3. Creating spatial definition of and between urban areas;
4. Areas of environmental preservation, designated as areas of concern, generally in multiple ownership, where several different preservation methods (including other governmental bodies' participation or private ownership) may need to be used;
5. Conservation of natural and visual resources, including, but not limited to, forest lands, range lands, agricultural land, aquifer recharge areas, and surface water;
6. Lands within or adjacent to a park or public open lands whose development potential is clearly incompatible with those lands; and
7. Preservation of land for educational opportunities and outdoor recreation areas limited to passive recreational use, including, but not limited to, hiking, photography or nature studies, and if specifically designated, bicycling, horseback riding, or fishing.
M. Park lands shall serve one or more of the following functions:
1. Irrigated multipurpose turf playing areas for both youth and adult baseball, softball, soccer, football, etc.;
2. New neighborhood parks;
3. Individual picnic areas and group picnic pavilions;
4. Playgrounds;
5. On site parking; and
6. Restrooms, drinking water fountains and storage areas.
N. "Trails" are defined as public thoroughfares within and connecting open space lands and greenways for nonmotorized use, often located in or near natural waterways, and which shall serve one or more of the following functions:
1. Hiking, walking or jogging;
2. Recreational or commuter bicycling; and
3. Horseback riding.
O. No motorized vehicles, other than those necessary for maintenance, emergencies or safety, shall be permitted on trails, open space or parks supported by this article. No right of way for new roadways or utility corridors shall be assumed in areas obtained pursuant to this article.
P. When public improvements are located in urban trail corridors, maximum effort will be undertaken to restore the land to its natural state while also providing for efficient maintenance of the constructed facilities. (Ord. 97-96; Ord. 01-42; Ord. 03-69)