939.09 REAL PROPERTY DONATION PROCEDURES FOR PARK PURPOSES.
   (a)   The Fairborn Parks and Recreation Division shall have the authority to coordinate the formal process of soliciting donations of real property and conservation. All gifts of real property must be accompanied by a signed letter which includes the donor's intent to make the gift as well as restrictions and/or conditions accompanying the gift, e.g. uses of property. Writings and documents relating to gifts of real property shall include representations that the real property contains no hazardous materials and has not been used for purposes prohibited by environmental laws. Gifts of real property or any interest therein must also be documented by an appropriate recordable instrument, e.g. deed, lease, or trust.
 
   (b)   Acceptance of all gifts of real property for park purposes is conditioned upon review by the Parks and Recreation Division. The review shall determine the following:
      (1)   Whether the property is or will be of any value to the City, e.g. economic, historic, social, recreational or other;
      (2)   What, if any, obligations will be assumed by the City upon acceptance of the gift including the cost of accepting, maintaining and disposing of the property; and
      (3)   Whether an environmental impact study is necessary to determine whether the property contains any hazardous material or has been used in a manner prohibited by environmental laws.
 
   (c)   Upon completion of the review, the Superintendent of Parks and Recreation shall make a recommendation to the Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board will then make a recommendation and the Superintendent shall present the recommendation to the City Council. Council will then follow the proper ordinance relating to property acquisition. City Council shall determine whether to accept or decline the gift of real property.
(Ord. 36-10. Passed 10-19-10.)