B3: A-Article 4 Redline — original pdf
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ARTICLE 4. - APPROVAL OF A NAME FOR A PUBLIC FACILITY OR PROPERTY. § 14-1-31 - DEFINITIONS. In this article: (1) FACILITY includes a City building, structure, or other facility directly used by the public, excluding a police facility under Section 14-1-35 (Procedure for Naming a Police Facility ) and a park facility under Section 14-1-36 (Requirement for Naming or Renaming a Park Facility ). (2) DIRECTOR means the director of the Public Works Department. Source: 1992 Code Section 15-7-18; Ord. 031204-12; Ord. 031211-11; Ord. No. 20160324-021, Pt. 1, 4-4- 16 . § 14-1-32 - NAMING POLICY. (A) A feature in a facility may be dedicated to a person to recognize a valuable contribution to the community without naming or renaming the facility in which the feature is located. A plaque recognizing a deserving person may be placed in a facility without naming or renaming the facility in which the plaque is placed. (B) A facility may be named for an individual, living, or dead, or something other than an individual. A facility may be named for an individual only if the individual has provided creditable service to the community and to the City. (C) A facility named for an individual may not be renamed. (D) Naming or renaming a facility must follow the procedure set forth in this article. The renaming of a facility must be initiated by the council or the city manager. (E) If the city has financed the facility with the proceeds of obligations, the interest on which is excludable from gross income for federal income tax purposes, the city may reject a name to preserve the exemption from federal income taxation of the interest on the proceeds of the obligations. Source: 1992 Code Section 15-7-19; Ord. 031204-12; Ord. 031211-11; Ord. No. 20160324-021, Pt. 1, 4-4- 16 . § 14-1-33 - PROCEDURE FOR NAMING A FACILITY. (A) A person may submit a suggestion for naming a facility or endorse a previously submitted suggestion. A suggestion or endorsement must be submitted to the director as provided by this section. The director may promulgate forms for this purpose. (B) A suggestion for naming a facility must include: 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 (1) if the suggestion is an individual's name, a biographical sketch of the individual whose name is suggested, a description of the individual's involvement in the community, and the individual's connection, if any, to the facility or to the activity for which the facility will be used; or (2) if the suggestion is not an individual's name, justification for the suggested name. (C) Not later than the date construction of a new facility begins, the director shall notify the council, the city manager, the head of the City department that will operate or maintain the facility, the City advisory board that the director finds to have appropriate jurisdiction, and the City's public information officer that a new facility is to be named. (D) Immediately on receipt of notice from the director, the City's public information officer shall take reasonable steps to inform persons who are likely to have an interest in the naming of the facility. The public information officer shall consider the nature and location of the facility and whether a particular community is likely to be especially interested in the process and disseminate the information in a way designed to reach those communities. Information disseminated under this subsection shall include a statement of the deadline for submitting suggestions. (E) A suggestion or endorsement must be received by the director not later than the 90th day after date of the director's notice under Subsection (C). (F) As soon as practicable after the deadline for receiving suggestions and endorsements, the director shall submit completed suggestions and endorsements to the chair of the City advisory board that the director finds to have appropriate jurisdiction. (G) On receipt of the suggestions and endorsements, the City advisory board shall schedule and conduct a public hearing on naming the facility. The advisory board shall make a written recommendation to the council not later than the 45th day after the date the chair receives the suggestions and endorsements and shall provide a copy of the recommendation to the city manager. If the advisory board fails to meet the deadline prescribed in this section, the board is considered to have no recommendation. (H) The city manager shall provide to each councilmember a copy of the advisory board's recommendation and the suggestions and endorsements received by the director. The city manager shall place an item regarding the naming of the facility on the council's agenda as soon as practicable after the advisory board makes its recommendation, or after the period prescribed by Subsection (G) expires, whichever is earlier. (I) The council may by resolution establish different criteria and procedures for the naming of a particular facility. If a facility is partially funded by another entity, the council shall consider that entity's concerns in naming the facility. Source: 1992 Code Section 15-7-20; Ord. 031204-12; Ord. 031211-11. § 14-1-34 - PROCEDURE FOR RENAMING A FACILITY. (A) A person may submit a suggestion for renaming a facility or endorse a previously submitted suggestion. A suggestion or endorsement must be submitted to the director as provided by this section. The director may promulgate forms for this purpose. 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 (B) On initiation of the renaming of a City facility under Subsection 14-1-32(D) ( Naming Policy ), the director shall notify the persons listed in Subsection 14-1-33(C) ( Procedure for Naming a Facility ), and the public information officer shall disseminate the information as provided in Subsection 14-1-33(D) ( Procedure for Naming a Facility ). A notice under this section shall state that the facility is being renamed. (C) A suggestion for renaming a facility must include: (1) if the suggestion is an individual's name, a biographical sketch of the individual whose name is suggested, a description of the individual's involvement in the community, and the individual's connection, if any, to the facility or to the activity for which the facility will be used; or (2) if the suggestion is not an individual's name, justification for the suggested name; and (3) an estimate of cost to the City for replacement of signs and plaques. (D) A suggestion or endorsement must be received by the director no later than the 90th day after the date of the director's notice under Subsection (B). (E) As soon as practicable after the deadline for receiving suggestions and endorsements, the director shall submit completed suggestions and endorsements to the chair of the City advisory board that the director finds to have appropriate jurisdiction. (F) On receipt of the suggestions and endorsements the City advisory board shall hold a public hearing and provide its recommendation in the same manner and within the same time prescribed in Subsection 14-1-33(G) ( Procedure for Naming a Facility ). The city manager shall provide information to the council and place an item on the council's agenda regarding the renaming of the facility in the same manner as prescribed Subsection 14-1-33(H) (Procedure for Naming a Facility). (G) The council may by resolution establish different criteria and procedures for the renaming of a particular facility. If a facility is partially funded by another entity, the council shall consider that entity's concerns in renaming the facility. Source: 1992 Code Section 15-7-21; Ord. 031204-12; Ord. 031211-11. § 14-1-35 - PROCEDURE FOR NAMING A POLICE FACILITY. (A) This section applies to a facility primarily used by the Police Department, excluding the police headquarters building. (B) A police facility may be named for an Austin Police Department police officer slain in the line of duty after June 1, 1995. The officer's name shall be assigned chronologically based on the date of the officer's death. 104 (C) The police chief shall advise the city manager when a police facility is available for naming. 105 106 (D) As soon as practicable after the police chief advises the city manager, the city manager shall place an item regarding the naming of the police facility on the council's agenda. 107 Source: 1992 Code Section 15-7-22; Ord. 031204-12; Ord. 031211-11 108 109 § 14-1-36 - REQUIREMENTS FOR NAMING OR RENAMING A PARK FACILITY. 110 DEFINITIONS. In this article: (1) PARK FACILITY means a park, significant building, sports complex, pool facility, or trail owned by the City and dedicated or used for park purposes. Significant building includes recreation, senior, cultural centers and other significant facilities used for parks and recreational purposes. (2) PARK FEATURE means a recreational improvement that is not considered a park facility and is a major component in the park facility. 116 (3) DIRECTOR means the director of the Parks and Recreation Department. 117 Source: Ord. No. 20160324-021, Pt. 2, 4-4-16 . 118 119 § 14-1-37 - PARK NAMING POLICY. (A) The intent of this policy is to name or rename parks facilities in order to best serve the interests of the community and assure a worthy and enduring legacy. The naming or renaming process must: (1) be transparent to the public regarding the process of submitting an application, the receipt of an application by the department, public meetings being held about the application, feedback from the public, and final approval; (2) actively seek community input with mechanisms in place to receive intentional feedback along with a feedback loop, and (3) consider racial, ethnic, gender, and economic disparities in the naming of the park facility. (AB) Subject to a valid agreement governing the naming of a park facility or park feature, a park feature within a park facility may be dedicated to an individual or group to recognize a culturally significant contribution, other valuable contribution, or creditable service to the park system or the community without naming or renaming the park facility in which the feature is located. A plaque recognizing a deserving individual or group may be placed by the park feature without naming or renaming the park facility in which the plaque is placed. Additional plaques recognizing other individuals or groups may be placed at the same feature location. Each plaque may be removed only when the park feature is removed and repurposed into another park feature. Naming a park feature can be done administratively without City Council approval, but must have Parks and Recreation Board approval. 137 (BC) A park facility may be named for: (1) an individual who has provided a valuable contribution and creditable service to the park system and the City; a geographic feature, nature-based element, community, cultural or historical reference in proximity to the park facility. (2) an individual or entity that deeds the land to the City for a park facility, or contributes the estimated cost of at least 5075% of the development of the park facility, and that provides an endowment for the 111 112 113 114 115 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 estimated 20-year maintenance costs of the park facility as estimated by the director, unless maintenance costs are waived by the director; or (3) an individual or entity that has provided a culturally significant contribution to the surrounding area or community in which the facility exists and who is deceased for a period of two years or retired from work for a period of three years. (CD) A non-refundable application fee must be paid at the time of submission of the application for naming or renaming a feature or facility. (DE) If a name is approved by council or the director, a sign fabrication, plaque and installation fee must be paid prior to fabrication. (EF) The application must contain documentation of public support for the proposed name. Public support materials must be provided to the Parks and Recreation Department. (FG) If the city has financed the park facility or feature with the proceeds of obligations, the interest on which is excludable from gross income for federal income tax purposes, the city may reject a name to preserve the exemption from federal income taxation of the interest on the proceeds of the obligations. 157 Source: Ord. No. 20160324-021, Pt. 2, 4-4-16 . 158 159 § 14-1-38 - PROCEDURE FOR NAMING A FEATURE. 160 161 162 (A) A person may submit a nomination or a letter of support for naming a park feature or endorse a previously submitted nomination. A nomination or endorsement must be submitted to the director as provided by this section. The director may promulgate forms for this purpose. 163 (B) A nomination for naming a feature must include: 164 165 166 167 (1) if the nomination is an individual's name, a biographical sketch of the individual whose name is nominated, their valuable contribution or creditable service to the park system or the community, including their involvement, and the individual's connection, if any, to the park feature or to the activity for which the park feature will be used; 168 (2) if the nomination is not an individual's name, justification for the suggested name; or 169 170 171 (3) if the basis of the nomination is a culturally significant contribution, a description of the cultural, geographic, or historic significance to the surrounding area or community in which the feature exists; and 172 (4) an estimate of cost to the City for the placement or replacement of signs and plaques. 173 174 (C) the director may notify the Parks and Recreation Board that the director finds that the nomination has appropriate justification to name the park feature for the person or for the entity. 175 Source: Ord. No. 20160324-021, Pt. 2, 4-4-16 . 176 177 § 14-1-39 - PROCEDURE FOR NAMING OR RENAMING A FACILITY. 178 179 180 (A) A person may submit a nomination for naming or renaming a facility or endorse a previously submitted nomination. A nomination or endorsement must be submitted to the director as provided by this section. The director may promulgate forms for this purpose. 181 (B) A nomination for naming or renaming a facility must include: (1) if the nomination is an individual's name, a biographical sketch of the individual whose name is suggested, their valuable contribution or creditable service to the park system or the community. This sketch should include the person's involvement, and connection, if any, to the park facility or to the activity for which the park facility will be used. (2) Justification for the suggested name or a description of the cultural, geographic or historic significance to the surrounding area or community in which the facilities exist. 188 (3) An estimate of cost to the City for the replacement of signs and plaques. 189 (2) if the suggestion is not an individual's name, justification for the suggested name; or (3) if the basis of the nomination is a culturally significant contribution, a description of the cultural, geographic, or historic significance to the surrounding area or community in which the facility exists. (C) The applicant has 90 days to amend the application if there is missing information or else it expires and the applicant must reapply. (CD) Not later than the date construction of a new facility begins, or within five days from receipt of a completed application for renaming, the director shall notify the council, the city manager, the Parks and Recreation Board, and the City's public information officer that a new facility is to be named, or an application to rename an existing facility was received. (DE) To promote community engagement and input from the stakeholders in the geographic area surrounding the facility prior to referral to the Parks and Recreation Board, immediately on receipt of notice from the director, the City's public information officer shall take reasonable steps to inform persons who are likely to have an interest in the naming of the facility. The public information officer shall consider the nature and location of the facility and whether a particular community is likely to be especially interested in the process and disseminate the information to reach those communities. Information disseminated under this subsection shall include a statement of the deadline for submitting nominations. The Parks and Recreation Department has 90 days to complete the community engagement. (1) the City’s public information officer must perform at least three of the following options to promote community engagement and input: 182 183 184 185 186 187 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 (a) host one or more public meetings in the community in which the facility exists; 210 (b) post a public notice; 212 (d) send out a survey; or 211 (c) send out letters or fliers to neighborhood groups or associations; 213 (e) post a notice via online and social media tools. 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 (F) The Parks and Recreation Department has 30 days to inform the applicant of the cost for the replacement of signs and plaques, and the applicant has 15 days to confirm responsibility of the final costs. (EG) A nomination orand endorsement for a new facility, or an endorsement or comment on a renaming, must be received by the director not later than the 90th day after date of the director's notice under Subsection (C). (FH) Within 30 days of As soon as practicable after the deadline for receiving nominations and endorsements, the director shall submit completed nominations and endorsements to the chair of the Parks and Recreation Board that the director finds to have appropriate justification. (GI) On receipt of the nominations and endorsements, the Parks and Recreation Board shall schedule and conduct a public hearing within the next 90 days on naming or renaming the facility. The Parks and Recreation Board shall make a written recommendation to the Council not later than the 45 60th day after the date the chair receives the nominations and endorsements and shall provide a copy of the recommendation to the city manager. If the Parks and Recreation Board fails to meet the deadline prescribed in this section, the board is deemed to have made no recommendation. A Parks and Recreation Board member may vote against a recommendation if the process is followed but the board member has a concern that the nomination may not satisfy §14-1-37(A). (HJ) The city manager shall provide each council member a copy of the Parks and Recreation Board's recommendation, if any, and the nominations and endorsements received by the director. The city manager shall place an item regarding the naming or renaming of the facility on the council's agenda as soon as practicable after the Parks and Recreation Board makes its recommendation, or after the period prescribed by Subsection (G) expires, whichever is earlier. (I) The council may establish different criteria and procedures for the naming or renaming of a particular facility. If a facility is partially funded by another entity the council shall consider that entity's nomination for naming or renaming the facility. 239 Source: Ord. No. 20160324-021, Pt. 2, 4-4-16 .