(a) Park Dedication, Mandatory Referral to Electorate, Etc. Council may, from time to time, dedicate lands owned by the City to be used as parks, parkways, playgrounds, or otherwise as public recreational areas. In this Charter all such lands already so dedicated and all those which may in the future be dedicated to such purposes, are referred to as "dedicated parks". The dedication of all or any one of the "dedicated parks" shall not be vacated, nor shall any "dedicated park" or any part thereof, be sold, conveyed, nor shall the exclusive use thereof be granted, by the Council, nor shall any "dedicated park" or any portion thereof be leased or rented for a term in excess of one year, nor shall any portion thereof be used or permitted to be used by any person, corporation, governmental body or other entity for other than park and recreational uses, unless and until such has, first, been submitted to the Parks and Recreation Commission, as required in Article VII, Section 3 (c) for report and recommendation.
Any matter so referred to the Parks and Recreation Commission shall be acted upon by it within sixty (60) days from the date or referral unless a longer time be allowed by Council. If the Parks and Recreation Commission shall fail to act within the time allotted, it shall be deemed to have approved such matter. If any provision of such ordinance or resolution is disapproved by formal action of the Parks and Recreation Commission, the adoption of such ordinance or resolution shall require a majority plus one affirmative vote of all members elected to Council for adoption or authorization.
After any proposal to vacate any part or all of any "dedicated park" or any proposal to sell, convey, lease or rent for a period in excess of one (1) year, or in any manner alienate, or grant the exclusive use of, any "dedicated park" or any portion thereof, shall have been processed through the Parks and Recreation Commission and approval of said proposal has been duly obtained by the Council from the Commission, or, following its disapproval by said Commission, said proposal has been affirmatively adopted by Council pursuant to a majority plus one vote by all members elected to Council for adoption or authorization, each such proposal shall be suspended and without legal effect until said proposal shall have been submitted to the electorate at a general or special election in the manner and subject to the procedures which shall be established by ordinance, and approved by the majority of the electors voting thereon.
(b) Matters Not Requiring Vote of Electorate. Following approval by the Parks and Recreation Commission, or subsequent to disapproval by the Commission followed by an affirmative adoption or authorization by vote of a majority plus one of the members elected to Council on said proposal, Council may without approval of the electorate lease or rent or permit the use of any part of any "dedicated park" for a period not in excess of one year, to or by any person, corporation, governmental body or their entity for the operation of any facility, or the performance of any service or function, incidental to or congruous with park and recreational usages; or, following such processing through the Commission, Council may grant and/or convey easements or similar interests over, under and across "dedicated parks" or any portion thereof, for the construction, installation and maintenance of sewers and utility lines.
(c) Emergency Legislation Prohibited; Exceptions. The passage of an emergency measure of any ordinance or resolution pertaining to any of the matters requiring referral to the electorate, as set forth in subsection (a) of this Section 15 of this Article IV, is prohibited. Matters set forth above in "(b) Matters Not Requiring Vote of Electorate", shall be subject to passage of emergency measures, but not until any such matter shall have first been referred to the Parks and Recreation Commission.
Whenever Council finds that an emergency is of such nature as to require approval or disapproval by the Commission within less than sixty (60) days of any proposed emergency measure relating to matters not subject to mandatory referral to the electorate, Council shall have the power to call for a meeting of said Commission within any period of time reasonable under the circumstances; and the Commission shall then promptly approve or disapprove of said proposed emergency measure. In the event of disapproval by the Commission, said proposed emergency measure may nonetheless be affirmatively adopted or authorized by a majority plus one vote of all members elected to Council.
(Added 5-5-70; 11-3-09)